Agenda Packet TC 12/05/2005 1
Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, December 5, 2005
7:00 P.M.
A.1 Reception honoring Donna Welsh's retirement.
A.2 Call to order and announce a quorum.
A.3 Invocation.
A.4 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
A.5 Carter Blood Care Presentation
B.1 Citizen presentations: this is an opportunity for citizens to address the Council on any
matter whether or not it is posted on the agenda. The Council is not permitted to take
action on or discuss any presentations made to the Council at this time concerning an
item not listed on the agenda. The Council will hear presentations on specific agenda
items prior to the Council addressing those items.
B.2 Town Manager Report and Discussion Regarding Project Updates as Listed Below:
There will be no action taken regarding any individual project posted under this item and
discussion will be limited. If extensive discussion is required, the item may be placed on
a future agenda.
Administration:
· Petition to Amend the Town Charter
Blood Drive
Community Development:
· Road Construction
Building Addition
Electronic Marquees
Permitting
Nextel
Finance:
· Audit
Gas Well Royalty Check
Information System:
· No updates to report
Parks and Recreation
· Facilities and Programs
Recreational User Fees
2
Planning & Zoning
· Zoning Submissions
Public Hearing scheduled on December 8th, 2005
Police and Fire Services
· Police Services Bureau
· Fire Services Bureau
Municipal Utility District:
· No updates to report
D.1 Discuss and receive direction from Council regarding the duration of the posting for the
Town Manager position, evaluation criteria, performance goals and revisions to the job
description for the Town Manager position, and the process for recruitment and interview
of applicants.
D.2 Discuss and take appropriate action regarding award/rejection of landscaping bids for
Indian Creek medians as part of the street construction process.
D.3 Discuss and take appropriate action regarding an Ordinance creating a Parks and
Recreation Board.
A. Discuss and take appropriate action regarding a Resolution appointing members to
serve on the Parks and Recreation Board.
D.4 Discuss and receive Council direction regarding the Year in Review publication.
D.5 Town Council to discuss and provide staff direction to seek bids for improvements to a
storm drainage system on Inverness Drive as maintenance to the Town's storm drainage
network.
D.6 Discuss and take appropriate action regarding an Ordinance repealing Town Ordinance
No. 2004-17 in its entirety, and adopting new regulations for the operation of motor
assisted scooters, minimotorbikes, and pocket bikes.
D.7 Discuss and take appropriate action regarding an Ordinance repealing Town Ordinance
No. 2005-17 in its entirety, and adopting a new Ordinance relating to a new construction
fee schedule for the Town.
D.8 Items for Future Agenda.
E.1 Council will convene into Executive Session for Consultation with Town Attorney
pursuant to Section 551.071 (a) and (b) of the Open Meetings Act3 to consult on pending
or contemplated litigation or on a matter in which the duty of the attorney to the
governmental body under the Texas disciplinary rules of professional conduct of the State
Bar of Texas clearly conflicts with the Open Meetings Act (§551.071 [a] & [b]):
1. Petition for Charter Amendment
3
E.2 Discuss and take appropriate action relative to Executive Session Item Number E1.
F.1 Adjourn.
4
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-5-2005
Subject: Agenda Item No.A.1
Reception honoring Donna Welsh's retirement.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
5
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-5-2005
Subject: Agenda Item No.A.2
Call to order and announce a quorum.
6
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-5-2005
Subject: Agenda Item No.A.3
Invocation.
7
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-5-2005
Subject: Agenda Item No.A.4
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
8
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-5-2005
Subject: Agenda Item No.A.5
Carter Blood Care Presentation
EXPLANATION:
Oya Davidson with Carter Blood Care will give a brief presentation to promote the Blood Drive
being sponsored by the Town on December 20th.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1.None
9
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-5-2005
Subject: Agenda Item No.B.1
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.
10
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-5-2005
Subject: Agenda Item No.B.2
Town Manager Report and Discussion Regarding Project Updates as Listed Below:
There will be no action taken regarding any individual project posted under this
item and discussion will be limited. If extensive discussion is required, the item may
be placed on a future agenda.
Administration:
· Petition to Amend the Town Charter
December 20th Blood Drive
Community Development:
· Road Construction
Building Addition
Electronic Marquees
Permitting
Nextel
Finance:
· Audit
Gas Well Royalty Check
Information System:
· No updates to report
Parks and Recreation
· Facilities and Programs
Recreational User Fees
Planning & Zoning
· Zoning Submissions
Public Hearing scheduled on December 8th, 2005
Police and Fire Services
· Police Services Bureau
· Fire Services Bureau
Municipal Utility District:
· No updates to report
Attachments: 1. None
11
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-5-2005
Subject: Agenda Item No.D.1
Discuss and receive direction from Council regarding the duration of the posting for
the Town Manager position, evaluation criteria, performance goals and revisions to
the job description for the Town Manager position, and the process for recruitment
and interview of applicants.
EXPLANATION:
As directed by Council at the November 21st meeting, the job opening will be posted on the
Town’s, TML’s and ICMA’s website.
RECOMMENDATION:
In order for Council to make an appointment in March, staff recommends the closing date for
mid-January with interviews in February.
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Information Memorandum
2. Job Description
2. Job Posting
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JOB DESCRIPTION
Position: TOWN MANAGER
Reports To: Town Council
Supervisory
Pay Grade: 43 Entry $94,167 Midpoint $115,354 Maximum $136,541
Exempt
Job Summary: Acts as Chief Executive and Administrative Officer of the local government.
Responsible to the Town Council for the proper administration of all the Town’s affairs assigned the
manager by charter, ordinance or directive. Managing the activities of all Town departments and offices
and rendering direct assistance to the Mayor and Council in the planning, organization, and
administration of all municipal government functions. Coordinates with the Municipal Utility District
Manager on functions financed with MUD Funds.
Minimum Requirements:
• Bachelor’s Degree in Public Administration, Business Administration or related field
Master’s Degree Preferred
• 5 Years Progressive municipal Managerial Experience
• Or Any Equivalent Combination of Education and Experience that
Provides the Required Knowledge, Skills, and Abilities
• Valid Texas Motor Vehicle Class C Operator's License
Major Duties and Responsibilities: Job duties and responsibilities are not intended to reflect all duties
performed within the job.
• Reports directly to the Town Council
• Assists the Mayor and Council in advising and furnishing leadership to civic organizations dealing
with specific items affecting the Town’s welfare
• Oversees, coordinates, and manages the activities of all Town departments and offices in
carrying out the requirements of ordinances, laws, rules and regulations, and the policies of the
Town Council
• Reports regularly to the Mayor concerning the status of projects and functions of the various
Town departments and offices
• Advises and assists the Mayor and Town Council in the formulation and establishment of
administrative policies for operation of Town government departments and offices, as well as
developing policy related to the general future direction of Town government
• Reports to and advises the Mayor, and Town Council as appropriate, on immediate as well as
emerging municipal problems
• Represents the Town/MUD to the public by attending various civic and business meetings on
behalf of the Town, as the Mayor may direct
• Directs the preparation of the Council agenda furnishing pertinent documents, reports and
briefings as needed
• Seeks out funding sources and prepares and processes grant applications in the furtherance of
municipal planning goals
• Prepares and administers department budget and administers overall Town annual budget
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• Responsible for Town’s selection, evaluation, training, and termination of management and
administrative staff
• Negotiates and oversees Town contracts
• Acts as the MUD Manager in that person’s absence
• Communicates with residents, including answering questions and providing information
• Other duties as assigned
Work Environment: Work Environment: Work is performed in office settings with regular hours from
8:00 a.m. to 5:00 p.m. Attendance at night meetings is required. Some travel to off site locations may be
required. Must be able to perform essential functions of the job. This position also requires good
listening and speaking skills. Exposure to computer screens, sitting for prolonged periods of time,
walking, standing, stooping, bending, kneeling, and lifting up to 50 pounds. Need manual dexterity and
visual acuity. Work performed requires periods of intense concentration over extended period of time
with frequent interruptions for questions and advice. Stress associated with competing priorities and time
deadlines is occasionally an element of the position and must be recognized and successfully managed.
THE TOWN RESERVES THE RIGHT TO CHANGE OR REVISE JOB DUTIES AND
RESPONSIBILITIES AS THE NEED ARISES. THIS JOB DESCRIPTION DOES NOT
CONSTITUTE A WRITTEN OR IMPLIED CONTRACT OF EMPLOYMENT.
________________________________________ _____________________
Employee Signature Date
14
• Job Description: Trophy Club is a Home Rule City with a Mayor and 5 Council
positions elected at-large. The Town Manager reports to the Town Council and is
responsible for exercising control over all departments, annual budget
preparation, fiscal reporting and personnel matters. The Town Manager
oversees the Town’s day-to-day operations and its $5.3 million operating budget.
The new Town Manager must possess experience in high growth communities,
municipal and utility financing and contract negotiations, as well as have an
open, inclusive and collaborative management style. The Town Manager must
demonstrate a background in managed growth, economic development and
strategic planning.
Bachelor’s Degree in Public Administration, Business Administration or related
field preferred, 5 Years progressive municipal managerial experience or any
equivalent combination of education and experience that provides the required
knowledge, skills, and abilities Residency required within 6 months of
employment.
Salary $94,167-DOQ. Closing Date TBD
Submit resume with references and salary requirements to Town Secretary, 100
Municipal Drive, Trophy Club, Texas 76262 or email to:
lramsey@ci.trophyclub.tx.us
15
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-5-2005
Subject: Agenda Item No.D.2
Discuss and take appropriate action regarding award/rejection of landscaping bids
for Indian Creek medians as part of the street construction process.
EXPLANATION:
This bid is to reconstruct the medians that were destroyed in the recently completed Indian Creek
construction project. There are three additional medians in this bid that had been reconstructed
in prior street projects but were not irrigated at that time. Nor do these medians have the pave
stone end caps or planting beds currently being included in our projects.
RECOMMENDATION:
Staff recommends approval with consideration being given to reducing the amount of
reconstruction being done to the three medians not associated with the current street project.
ACTION BY COUNCIL:
(rau)
(aa)
Attachments: 1. Information Memorandum
2. Bid Tabs
16
INFORMATIONAL MEMO:
Based on the cost of the landscaping done in the previous Indian Creek project, I feel that
this project is somewhat over priced. We had anticipated a cost to landscape this project more in
the $90,000 to $100,000 range.
The money to pay for this project will be coming out of GASB funds giving that the
actual street project itself fully consumed the remaining bond funds. Use of the street GASB
funds is appropriate due to the need to reconstruct these medians being caused by a street being
reconstructed and on both previous reconstruction projects; the cost of the median reconstruction
was paid out of bond funds. If you desire to preserve a higher level of GASB funds, you might
want to consider a change order that reduces the amount of construction being done on the three
medians that were not part of the most recent street project. These medians currently have grass
and trees in place. The trees are somewhat stunted due to the lack of water because these
medians are not irrigated.
I would recommend we go ahead and irrigate these medians and construct the pave stone
end caps. We could reduce the total cost of this bid by $21,000 if we left the grass and trees that
are currently there in place and upgrade the plantings as time and money permit over the next
few years.
If you wish to reduce this cost as suggested above, we will need to generate a change
order for the contractor prior to the start of the project. If not, I recommend you approve this bid
as submitted.
Roger A. Unger
17
18
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-5-2005
Subject: Agenda Item No.D.3
Discuss and take appropriate action regarding an Ordinance creating a Parks and
Recreation Board.
A. Discuss and take appropriate action regarding a Resolution appointing members
to serve on the Parks and Recreation Board.
EXPLANATION: Staff worked closely with the advisory group in adopting the language for this
document. We compared and contrasted Park Board Ordinances from several cities when
creating this Ordinance, and believe that the Town of Trophy Club will benefit from the
increased contributions that a Board will offer. A draft resolution has been included with this
agenda item in the event Town Council passes this Ordinance and would like to make
appointments at this meeting.
RECOMMENDATION: Staff recommends the changing of the Parks and Recreation Advisory
Group to that of the Parks and Recreation Board, and the adoption of the existing advisory group
members into the newly created Board.
ACTION BY COUNCIL:
Attachments: 1. Ordinance
2. Resolution
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2005-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
CREATING A PARKS AND RECREATION BOARD (“BOARD”);
PROVIDING FOR THE INCORPORATION OF PREMISES, PROVIDING
DEFINITIONS; ESTABLISHING THE BOARD, PRESCRIBING THE
NUMBER OF BOARD MEMBERS, TERMS OF OFFICE, AND
QUALIFICATIONS OF THOSE MEMBERS; PROVIDING POWERS
AND DUTIES OF THE BOARD; PRESCRIBING PROCEDURES FOR
MEETINGS OF THE BOARD; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) is a
home rule municipality empowered to do all acts and make all regulations which may be
necessary or expedient for the promotion of the public health, safety and general welfare; and
WHEREAS, the Town currently has approximately nine hundred acres of parkland
available for the use and enjoyment of its residents; and
WHEREAS, with the existing parkland, the recently enacted parkland dedication
ordinance, the pending construction of the new high school, and the park and recreational
opportunities presented by Marshall Creek Park, the Town has many opportunities to explore the
expansion and development of parkland and recreational amenities; and
WHEREAS, because parkland and recreational amenities are intended for the benefit
and enjoyment of the residents of the Town, it is important to allow those residents to play a key
role in shaping the expansion and development of parkland and recreational opportunities; and
WHEREAS, the change of the Parks and Recreation Advisory Group to a Parks and
Recreation Board will allow residents to play a more active role and to provide direct citizen
guidance and input to the Parks & Recreation Director for the development of parks and
recreational facilities within the Town;
WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in
local government through service on Boards;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
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All of the above premises are true and correct and are hereby incorporated in the body of
this Ordinance as if fully set forth herein.
SECTION 2.
DEFINITIONS
For the purpose of article, the following terms, phrases, words and their derivations shall
have the meaning given herein:
Parks and Recreation Board (the”Board”): The Town of Trophy Club Parks and Recreation
Board appointed by the Town Council.
Director: A person appointed by the Town Manager as Parks and Recreation Director for the
Town of Trophy Club, or the Director’s designee.
Park: A park, playground, recreation center or any other area, or facility in the Town owned,
used, controlled, or leased by the Town, and devoted to active or passive recreation.
SECTION 3.
BOARD ESTABLISHED/NUMBER OF MEMBERS/TERMS
ESTABLISHED/QUALIFICATIONS
A. The Parks and Recreation Board consisting of not less nine (9) nor more than eleven (11)
regular members is hereby established as follows:
1. Qualifications. Members shall be residents of the Town of Trophy Club.
2. No Compensation. Members shall serve without compensation.
3. Staggered Terms. Members’ terms will be for three (3) years/staggered. Places on
the Board shall be numbered 1 through 11. Places 1 through 4 on the initial Board
shall serve for a term of one (1) year. Places 5 through 8 shall serve for a term of
two (2) years. Upon expiration of that one (1) year term, members appointed to
those seats shall serve on a regular three (3) year term interval.
4. Hold Over. If a replacement has not qualified upon the expiration of a member’s
term, then that member shall continue his/her membership until replaced.
5. Officers. The Board shall annually elect a Chairperson, Vice-Chairperson and a
Secretary.
a. The Chairperson shall preside over meetings and shall be entitled to vote upon
each issue. Board shall conduct its meetings in accordance with the Town’s
Board, Commission and Committee Handbook.
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b. The Vice-Chairperson shall assist the Chairperson in directing the affairs of
the Board. In the absence of the Chairperson, the Vice-Chairperson shall
assume all duties of the Chairperson. In the event that the Vice-Chairperson is
absent, the proceedings shall be conducted in accordance with Robert’s Rules
of Order.
c. The Secretary shall keep the minutes of all meetings and in the Secretary’s
absence; the Chairperson shall designate another member to act as Secretary.
The Secretary shall distribute, once a year at the first regular meeting a copy
of the current Parks and Recreation Ordinance. The Secretary may accept the
assistance of Town personnel in taking and transcribing minutes, when
available, but shall sign it officially before presenting it to the Board for
approval.
6. Director Participation. The Director of the Parks and Recreation Department shall
be in attendance at the Board meetings. The Director shall participate in meetings to
provide staff assistance, reports, and recommendations as requested by the Board.
7. Ex Officio Member. The Director shall be an ex officio member of the Board, with
the responsibility to participate in discussions but without the right to vote.
8. Absence. A member’s absence from three (3) meetings annually without formal
consent of the board shall be deemed to constitute the resignation of that member
and shall be certified by the chairperson to the Town Council.
9. Meetings. Regular meetings shall be held at least once a month on the date and at the
time established by the Board as provided in this Ordinance unless the Chairperson
designates another time, date and place and all members of the Board are notified at
least seven (7) days in advance. If there are no pending items for consideration, a
monthly meeting is not required.
10. Quorum. A majority of members shall constitute a quorum.
11. Minutes. Minutes of each Board meeting shall be filed with the Town Secretary.
SECTION 4.
POWERS AND DUTIES OF THE BOARD
A. The Parks and Recreation Board shall have the following powers and perform the
following duties:
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1. Advisory Capacity to Council: The Board shall act principally in an advisory
capacity to the Town staff and the Town Council in all matters pertaining to parks
and recreation, shall acquaint itself with and make a continuous study of the
complete parks and recreation services of the Town; and shall advise the staff and
Town Council from time to time as to the present and future policies, maintenance,
operation, planning, acquisition, development, and enlargement of the Town parks
and recreation services. The Board shall also have such authority as designated to it
by Town Ordinance.
2. Advisory Capacity to the Director: It shall advise the Parks and Recreation Director
on the development of recreation areas, facilities, programs and improved recreation
services.
3. Study and Development of Parks and Recreation Areas: The Board shall study and
encourage the development of parks and recreation areas and the development of
recreation for all residents of the Town.
4. Recommend Standards: It shall recommend the adoption of standards for areas,
facilities, programs and financial support for parks and recreation purposes.
5. Advise on Long-Range Parks and Recreational Capital Improvement Programs: The
Board shall advise and recommend to the Parks and Recreation Director the
development of long-range capital improvement programs, and when the need exists
for additional park and recreational facilities, the Board shall make appropriate
recommendation to the Town Council. It may also recommend the acquisition of
additional parks, park and recreational equipment and supplies.
6. Solicitations: The Board may solicit grants, on behalf of the Parks and Recreation
Board; provided however, that the acceptance of any such grant is subject to the
approval and acceptance of Town Council.
7. Cooperative Opportunities: The Board may cooperate with other governmental
agencies, civic organizations and all citizens of the Town in the advancement of
sound parks and recreation planning and programming.
8. Amendments to Ordinance: The Board may, from time to time, recommend to the
Town Council amendments to this Ordinance.
9. Reports: The Board shall, through its Chairperson or his/her designee, make an oral
and written report annually to the Town Council concerning its activities during the
past year and its proposals for the coming year.
10. Budget: The Board shall review the proposed budget for the Parks and Recreation
Department, and make any recommendations to the Parks and Recreation Director
deemed necessary. The Board is not authorized to add, delete or change in any way
the budget as prepared by the Parks and Recreation Director.
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11. Additional Rules: The Board shall have authority to adopt such additional rules that
are not in conflict with this ordinance that it deems necessary to carry the purpose
and intent of this ordinance, subject to Town Council approval.
12. Actions of Board As a Unit. No action of any individual member(s) is authorized
except as approved by the Board. Only the Board acting as a whole shall exercise
the powers and duties of the Board.
SECTION 5.
PROCEDURES OF THE BOARD
A. The procedures of the Board are as set out below:
1. The Board shall establish the schedule and time for its regular meetings. The
Chairperson may call special meetings. All meetings shall be held in a public place
with public notice as prescribed by law.
2. A quorum consisting of a majority of members shall be required for the transaction
of any business.
SECTION 6.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the
provisions of such Ordinances except for those instances where there are direct conflicts with the
provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance
shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent
that they are inconsistent with this Ordinance.
SECTION 7.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity or unconstitutionality and that such remaining
portions shall remain in full force and effect.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption and Effective Date in the minutes of the Town
Council and by filing this Ordinance in the ordinance records of the Town.
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SECTION 9.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of passage and
publication, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this 5th day of December, 2005.
Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
25
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2005-
A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS,
APPOINTING ELEVEN (11) MEMBERS TO SERVE ON A PARKS AND
RECREATION BOARD (“BOARD”); PROVIDING THAT FOUR (4)
MEMBERS SHALL SERVE FOR AN INITIAL TERM OF ONE (1) YEAR
EACH; PROVIDING THAT SEVEN (7) MEMBERS SHALL SERVE FOR
TERMS OF THREE (3) YEARS EACH; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in
local government through service on Boards and Commissions; and
WHEREAS, the Trophy Club Town Council is charged with the responsibility of
making appointments to Boards and Commissions serving the Town; and
WHEREAS, the Town of Trophy Club adopted Ordinance No. 2005-__ creating a Parks
and Recreation Board which provides for not less than nine (9) nor more than eleven (11)
members with staggered terms of three (3) years; and
WHEREAS, the initial term of service for four (4) of those members shall be for a one
(1) year term and the term of service for the remaining members shall be for a period of three (3)
years each; and
WHEREAS, the change of the Parks and Recreation Advisory Group to a Parks and
Recreation Board will allow those residents who have already been assisting the Parks and
Recreation Department to play a more active role and to provide citizen guidance to the Parks
and Recreation Director for the development of parks and recreational facilities; and
WHEREAS, the Town Council is of the opinion that the appointment of citizens to the
Parks and Recreation Board is beneficial to the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
Section 1. That the Town Council hereby appoints the following individuals to serve on
the Parks and Recreation Board as indicated, with a term of service as specifically provided
below:
Parks and Recreation Board
1. (1 year term) 2. (1 year term)
3. (1 year term) 4. (1 year term)
5. (2 year term) 6. (2 year term)
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7. (2 year term) 8. (2 year term)
9. (3 year term) 10. (3 year term)
11. (3 year term)
Section 2. That this Resolution shall become effective from and after its date of
passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 5th day of December, 2005.
Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
27
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-5-2005
Subject: Agenda Item No.D.4
Discuss and receive Council direction regarding the Year in Review publication.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(rau)
Attachments: 1. Memo
28
MEMO
To: Mayor and Town Council
Subject: Year in Review
Date: November 29, 2005
From: Roger Unger
I have placed this on the agenda in order to receive direction on your preference with respect to the
development and publication of the Year in Review booklet.
I need to know your preference as to the timing of the publication; do you want audited financials or just
our end of year numbers? If you want audited numbers, the audit won’t be complete until late January or
early February. Is the current format acceptable or would you prefer to see more of an annual report with
information given primarily on only year to year changes, i.e., a new park, street extension, or building,
etc. How do you want it distributed, should all residents get it in the mail as in the past or do we use this
more like a chamber of commerce publication with copies available to anyone who wants one at the
Town offices?
If we begin this project now, it should be completed by the end of January. Thank you
for your thoughts on this project.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-5-2005
Subject: Agenda Item No.D.5
Town Council to discuss and provide staff direction to seek bids for improvements
to a storm drainage system on Inverness Drive as maintenance to the Town's storm
drainage network.
EXPLANATION:
These improvements are a part of the Town’s storm drainage maintenance and will provide
additional above ground drainage. The estimated $50,000 project would be funded out of our
GASB Storm Drainage Fund, which at fiscal year end had a balance of approximately $64,000.
RECOMMENDATION:
Staff recommends that the Town seek bids for this project.
ACTION BY COUNCIL:
(bg)
Attachments: 1. Information Memorandum
2. Probable Cost Estimate
2. Proposed Redesign
30
Memorandum
To: Town Council
From: Beth Ann Gregory, Community Development Director
Date: November 28, 2005
Re: Inverness Drive Drainage Project- Cost Estimate
The attached information was provided by Teague, Nall and Perkins and is a
preliminary estimate of probably cost for the Inverness Drive drainage project.
The cost estimate is based off of as-built data and field surveys. The design
includes the removal of the existing 10’ inlets and construction 20’ inlets at the
same location. The inlet pipe system within Inverness will be reconstructed to
increase the efficiency of the new inlets. A grassed overflow swale is also
proposed between the houses located at 223 and 301 Inverness Drive.
The current schematic design is appropriate for the continued maintenance of the
drainage system on Inverness. Additional field data is needed in order to
determine the storm drain capacity. This data includes the exact location and
flow line information of several storm drain manholes that are currently buried in
the ROW and drainage easements at the subject location.
31
CONCEPTUAL OPINION OF PROBABLE CONSTRUCTION COST
PROJECT: DATE: 11/29/2005
Drainage Improvements - Inverness Drive
Town of Trophy Club
TNP JOB # TRO 05106 Prepared
by: Keith Fisher P.E.
ITEM DESCRIPTION QTY.UNIT
UNIT
COST TOTAL
DRAINAGE IMPROVEMENTS -
INVERNESS DRIVE
1 Preparation of Right-of-way 1 LS $1,000.00 $1,000.00
2 Unclassified Street Excavation 170 SY $7.50 $1,280.00
3 Remove 10' Curb Inlet 2 EA $750.00 $1,500.00
4 Remove 18" Storm Drain Pipe 20 LF $20.00 $400.00
5 Remove Existing Concrete Pavement 170 SY $7.50 $1,280.00
6 5'' Concrete Pavement 170 SY $30.00 $5,100.00
7 6" Concrete Curb 100 LF $2.50 $250.00
8 20' Curb Inlet 2 EA $4,000.00 $8,000.00
9 Modify 36" RCP at Inlet 1 LS $1,000.00 $1,000.00
10 18" Reinforced Concrete Pipe 40 LF $75.00 $3,000.00
11 24" Reinforced Concrete Pipe 30 LF $85.00 $2,550.00
12 Trench Safety for Storm Drain 70 LF $2.00 $140.00
13 Modify Existing Storm Drain Junction Box 1 LS $400.00 $400.00
14 4' x 4' Storm Drain Junction Box 1 EA $2,500.00 $2,500.00
15 Modify Irrigation Systems 1 LS $2,000.00 $2,000.00
16 Replace Landscaping 1 LS $1,000.00 $1,000.00
17 Grade swale (1' - 3' depth) 410 LF $15.00 $6,150.00
18 Block sodding of swale 550 SY $5.00 $2,750.00
19 Relocate Water Meter 2 EA $500.00 $1,000.00
20 Traffic Control 1 LS $500.00 $500.00
UNIT I SUBTOTAL $41,800.00
20% CONTINGENCY $8,360.00
TOTAL $50,160.00
32
33
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-5-2005
Subject: Agenda Item No.D.6
Discuss and take appropriate action regarding an Ordinance repealing Town
Ordinance No. 2004-17 in its entirety, and adopting new regulations for the
operation of motor assisted scooters, minimotorbikes, and pocket bikes.
EXPLANATION:
RECOMMENDATION:
As directed by the Town Council at the November 7th Town Council meeting, staff has prepared
the following language as a starting point for Council discussion and consideration:
SECTION 3.
RESTRICTIONS AND PROHIBITIONS
A. Prohibitions Generally: Due to the safety interest of the public, operation of motor
assisted scooters on the streets, highways, and sidewalks is prohibited except in
compliance with the following criteria:
1. Registration Process. No Child younger than the age of ten** (10) years shall
operate a motor assisted scooter unless such scooter shall have first been
registered with the Town. No Child shall operate a motor assisted scooter unless
such Child has first complied with the registration process specified in this
Ordinance. An application for registration shall be issued by the Trophy Club
Department of Public Safety and shall be completed as specified by the DPS.
Upon completion of the application, a registration sticker shall be issued and shall
be affixed on the scooter in a place where such registration is visible. A
registration sticker shall be displayed on the motor assisted scooter at all times
that such scooter is operated within the Town.
** 10 years of age was used because that is the youngest age at which a person may be held
responsible for his actions and the violation of criminal laws.
2. Parent or Guardian. It shall be unlawful for a parent or legal guardian to
knowingly permit a child or ward younger than ten (10) years of age to violate
this Ordinance.
34
3. Sale or Transfer. Upon the sale or other transfer of ownership of a motor assisted
scooter, a new Town registration shall be required; provided however, that if the
transfer of ownership is between siblings or other family members and the
registration on file with the Town identifies the name of the person to whom the
scooter has been transferred, then a new registration is not required.
4. Fee. A fee of $4.00 for each scooter (which includes one [1] operator) shall be
paid for the registration process to cover the costs associated with the application
and registration process. An additional fee of $1.00 per operator per scooter shall
also be charged.
B. Registration Required. Each motor assisted scooter shall be registered with the Town and
each child younger than ten (10) years of age operating a motor assisted scooter shall be
registered as a user/operator on the registration application.
ACTION BY COUNCIL:
(RCB)
Attachments: 1. Information Memorandum
2. Ordinance
3. Sample of Scooter Registration and Safety Information Brochure
35
TOWN OF TROPHY CLUB
ORDINANCE NO. 20042005-17__
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NUMBER 2004-17 ESTABLISHING
RESTRICTIONS ON THE USE AND OPERATION OF MOTOR
ASSISTED SCOOTERS AND ADOPTING A NEW ORDINANCE
ESTABLISHING RESTRICTIONS ON THE USE AND OPERATION OF
MOTOR ASSISTED SCOOTERS, MINI MOTORBIKES, AND POCKET
BIKES; PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING DEFINITIONS; PROVIDING RESTRICTIONS AND
PROHIBITIONS; FOR THE USE OF MOTOR ASSISTED SCOOTERS
AND; POCKETBIKE OR MINIMOTORBIKE PROVIDING FOR A
PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) AND
A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILTY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its
Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and
WHEREAS, in June 2004, the Town Council of the Town of Trophy Club, Texas (the
"Town") adopted Ordinance No. 2004-17 adopting has determined that adoption restrictions and
regulations on the restriction of the use and operation of motor assisted scooters on the streets,
pathways, and trails within the Town of Trophy Club; is necessary in the interest of safety; and
WHEREAS, the Town has determined that it is necessary to regulate the operation of
Pocket Bikes and Mini Motorbikes in addition to Motor Assisted Scooters and to adopt
additional regulations governing the use and operation of Pocket Bikes and Mini Motorbikes, in
order to prevent potential traffic hazards and injuries to children; Town Council has determined
that requiring children to wear helmets while operating or riding a motor assisted scooter is
necessary in the interest of safety; and
WHEREAS, the Town Council has determined that it will be advantageous, beneficial
and in the best interest of the citizens of Trophy Club to prevent potential traffic hazards and
safety hazards resulting from unauthorized use of streets, pathways and trails resulting from
children failing to wear helmets to enact certain restrictions on the operation of motor assisted
scooters and Pocket bike or Minimotorbike within the Town; and
WHEREAS, the Town of Trophy Club is concerned about traffic and pedestrian safety,
as well as the safety of all its citizensthe Town has determined that the adoption of regulations
36
governing pocket bikes and mini motorbikes will be advantageous, beneficial and in the best
interests of the citizens of Trophy Club; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
DEFINITIONS
When used in this Ordinance, the following words and phrases shall have the respective
meanings ascribed to them:
“Child” means any individual under eighteen (18) years of age.
“Daytime hours” means the time period beginning one-half hour before sunrise and
ending one-half hour after sunset.
“Helmet” means properly fitted protective headgear that is not structurally damaged and
that conforms to the standards of the American National Standards Institute, the American
Society for Testing and Materials, the Snell Memorial Foundation or any federal agency having
regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the
helmet.
“Motor assisted scooter” shall have the same meaning assigned by Texas Transportation
Code Section 551.301(2), as it exists or may be amended, and includes self-propelled device
with at least two (2) wheels in contact with the ground during operation; a braking system
capable of stopping the device under typical operating conditions; a gas or electric motor forty
(40) cubic centimeters or less; a deck designed to allow a person to stand or sit while operating
the device; and the ability to be propelled by human power alone.
“Parent” means the natural or adoptive parent or court-appointed guardian or conservator
of a child.
“Pocket bike” or “Mini motorbike” shall have the same meaning assigned by the Texas
Transportation Code Section 551.301, as it exists or may be amended, and includes a
self-propelled vehicle that is equipped with an electric motor scooter or internal
combustion engine having a piston displacement of less than 50 cubic centimeters, is
designed to propel itself with not more than two (2) 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
37
is ineligible for a certificate of title under Chapter 501 of the Texas Transportation Code,
as it exists or may be amended; but does not include a moped, motorcycle, electric
bicycle, motor-driven cycle, motorized mobility device, electric personal assistive
mobility device or a neighborhood electric vehicle as those are defined in the Texas
Transportation Code, as it exists or may be amended
“Public way” or “Public property” means real property owned, leased or controlled by a
political subdivision of the State of Texas, a governmental entity or agency, or similar entity, or
any property that is publicly owned or maintained or dedicated to public use, including, but not
limited to, a path, trail, sidewalk, alley, street or highway, and a public park facility.
“Town” means the Town of Trophy Club, Texas.
“Wearing a helmet” means that the person has a helmet fastened securely to his/her head
with the straps of the helmet securely tightened in the manner intended by the
manufacturer to provide maximum protection.
SECTION 3.
RESTRICTIONS AND PROHIBITIONS
A. Locations of Use
1. A motor assisted scooter shall only be operated on public streets and highways
during daytime hours as defined herein.
2. A motor assisted scooter shall only be operated on paths and trails located
within a public park or paths and trails designated as part of a public pathway
system.
3. It shall be unlawful for any person to operate or ride a motor assisted scooter
on any path, trail, alley, street or highway within the Town, except in
accordance with the provisions of this Ordinance.
4. It shall be unlawful for a parent or guardian to allow or permit a child or ward
to operate or ride a motor assisted scooter on any path, trail, alley, street or
highway within the Town, in violation of any provision of this Ordinance.
5. It shall be unlawful for a parent to knowingly allow a child to operate or
ride a motor assisted scooter in a restricted or prohibited area.
6. It shall be is unlawful for any child, licensed minor or adult to operate or ride
a minimotorbike or a pocketbike on any public way or public property within
the CityTown.
7. It shall be is unlawful for a parent to allow or permit a Child or licensed minor
to operate or ride a minimotorbike or a pocketbike on any public way or
public property within the CityTown.
38
8. There is a presumption It is presumed that a parent allowed a Child or licensed
minor to operate or ride a motor assisted scooter, a minimotorbike or a
pocketbike in a restricted or prohibited area.
B. Helmets Required.
1. The following criteria shall apply to operators of motor assisted scooters:
(a) It shall be unlawful for any child to operate or ride a motor assisted
scooter, a minimotorbike or a pocketbike unless the child is wearing a
helmet.
(b) It shall be unlawful for a parent to knowingly allow or permit a child to
operate a minimotorbike , a pocketbike or ride a motor assisted scooter
unless the child is wearing a helmet.
(c) It is a defense to prosecution that the motor assisted scooter,
minimotorbike , or pocketbike was not being operated upon public
property or a public way at the time of the alleged offense.
SECTION 4.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be fined, upon
conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and
a separate offense shall be deemed committed upon each day during or on which a violation
occurs or continues.
SECTION 5.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct conflicts
with the provisions of this Ordinance; provided however, that Ordinance No. 2004-17 is hereby
repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that
are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent
with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to Ordinance No. 2004-17 on the date of adoption
of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that
purpose the Ordinance shall remain in full force and effect.
SECTION 6.
SEVERABILITY
39
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 7.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved as to any
and all violations of the provisions of any Ordinances regarding restrictions and prohibitions for
motor assisted scooters and/or helmets that have accrued at the time of the effective date of this
Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such Ordinances, same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
SECTION 8.
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.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 10.
EFFECTIVE DATE
That this Ordinance shall be in full force and 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 21st 5th day of JuneDecember, 20045.
Mayor
Town of Trophy Club, Texas
Effective Date:
40
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
41
TOWN OF TROPHY CLUB
ORDINANCE NO. 2005-__
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NUMBER 2004-17 ESTABLISHING
RESTRICTIONS ON THE USE AND OPERATION OF MOTOR
ASSISTED SCOOTERS AND ADOPTING A NEW ORDINANCE
ESTABLISHING RESTRICTIONS ON THE USE AND OPERATION OF
MOTOR ASSISTED SCOOTERS, MINI MOTORBIKES, AND POCKET
BIKES; PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING DEFINITIONS; PROVIDING RESTRICTIONS AND
PROHIBITIONS; PROVIDING FOR A PENALTY NOT TO EXCEED
FIVE HUNDRED DOLLARS ($500.00) AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING A SEVERABILTY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its
Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and
WHEREAS, in June 2004, the Town Council of the Town of Trophy Club, Texas (the
"Town") adopted Ordinance No. 2004-17 adopting adoption restrictions and regulations on the
use and operation of motor assisted scooters on the streets, pathways, and trails within the Town
of Trophy Club; and
WHEREAS, the Town has determined that it is necessary to regulate the operation of
Pocket Bikes and Mini Motorbikes in addition to Motor Assisted Scooters and to adopt
additional regulations governing the use and operation of Pocket Bikes and Mini Motorbikes, in
order to prevent potential traffic hazards and injuries to children; and
WHEREAS, the Town has determined that the adoption of regulations governing pocket
bikes and mini motorbikes will be advantageous, beneficial and in the best interests of the
citizens of Trophy Club; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
42
SECTION 2.
DEFINITIONS
When used in this Ordinance, the following words and phrases shall have the respective
meanings ascribed to them:
“Child” means any individual under eighteen (18) years of age.
“Daytime hours” means the time period beginning one-half hour before sunrise and
ending one-half hour after sunset.
“Helmet” means properly fitted protective headgear that is not structurally damaged and
that conforms to the standards of the American National Standards Institute, the American
Society for Testing and Materials, the Snell Memorial Foundation or any federal agency having
regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the
helmet.
“Motor assisted scooter” shall have the same meaning assigned by Texas Transportation
Code Section 551.301(2), as it exists or may be amended, and includes self-propelled device
with at least two (2) wheels in contact with the ground during operation; a braking system
capable of stopping the device under typical operating conditions; a gas or electric motor forty
(40) cubic centimeters or less; a deck designed to allow a person to stand or sit while operating
the device; and the ability to be propelled by human power alone.
“Parent” means the natural or adoptive parent or court-appointed guardian or conservator
of a child.
“Pocket bike” or “Mini motorbike” shall have the same meaning assigned by the Texas
Transportation Code Section 551.301, as it exists or may be amended, and includes a
self-propelled vehicle that is equipped with an electric motor scooter or internal
combustion engine having a piston displacement of less than 50 cubic centimeters, is
designed to propel itself with not more than two (2) 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 ineligible for a certificate of title under Chapter 501 of the Texas Transportation Code,
as it exists or may be amended; but does not include a moped, motorcycle, electric
bicycle, motor-driven cycle, motorized mobility device, electric personal assistive
mobility device or a neighborhood electric vehicle as those are defined in the Texas
Transportation Code, as it exists or may be amended
“Public way” or “Public property” means real property owned, leased or controlled by a
political subdivision of the State of Texas, a governmental entity or agency, or similar entity, or
any property that is publicly owned or maintained or dedicated to public use, including, but not
limited to, a path, trail, sidewalk, alley, street or highway, and a public park facility.
“Town” means the Town of Trophy Club, Texas.
43
“Wearing a helmet” means that the person has a helmet fastened securely to his/her head
with the straps of the helmet securely tightened in the manner intended by the
manufacturer to provide maximum protection.
SECTION 3.
RESTRICTIONS AND PROHIBITIONS
A. Locations of Use
1. A motor assisted scooter shall only be operated on public streets and highways
during daytime hours as defined herein.
2. A motor assisted scooter shall only be operated on paths and trails located within
a public park or paths and trails designated as part of a public pathway system.
3. It shall be unlawful for any person to operate or ride a motor assisted scooter
on any path, trail, alley, street or highway within the Town, except in accordance
with the provisions of this Ordinance.
4. It shall be unlawful for a parent or guardian to allow or permit a child or ward to
operate or ride a motor assisted scooter on any path, trail, alley, street or highway
within the Town, in violation of any provision of this Ordinance.
5. It shall be unlawful for a parent to knowingly allow a child to operate or ride a
motor assisted scooter in a restricted or prohibited area.
6. It shall be unlawful for any child, licensed minor or adult to operate or ride a
minimotorbike or a pocketbike on any public way or public property within the
Town.
7. It shall be unlawful for a parent to allow or permit a Child or licensed minor to
operate or ride a minimotorbike or a pocketbike on any public way or public
property within the Town.
8. There is a presumption that a parent allowed a Child or licensed minor to operate
or ride a motor assisted scooter, a minimotorbike or a pocketbike in a restricted or
prohibited area.
B. Helmets Required.
1. The following criteria shall apply to operators of motor assisted scooters:
(a) It shall be unlawful for any child to operate or ride a motor assisted
scooter, a minimotorbike or a pocketbike unless the child is wearing a
helmet.
44
(b) It shall be unlawful for a parent to knowingly allow or permit a child to
operate a minimotorbike, a pocketbike or ride a motor assisted scooter
unless the child is wearing a helmet.
(c) It is a defense to prosecution that the motor assisted scooter,
minimotorbike, or pocketbike was not being operated upon public
property or a public way at the time of the alleged offense.
SECTION 4.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be fined, upon
conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and
a separate offense shall be deemed committed upon each day during or on which a violation
occurs or continues.
SECTION 5.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct conflicts
with the provisions of this Ordinance; provided however, that Ordinance No. 2004-17 is hereby
repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that
are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent
with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to Ordinance No. 2004-17 on the date of adoption
of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that
purpose the Ordinance shall remain in full force and effect.
SECTION 6.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 7.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved as to any
and all violations of the provisions of any Ordinances regarding restrictions and prohibitions for
motor assisted scooters and/or helmets that have accrued at the time of the effective date of this
45
Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such Ordinances, same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
SECTION 8.
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.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 10.
EFFECTIVE DATE
That this Ordinance shall be in full force and 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 5th day of December, 2005.
Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
46
Town Attorney
Town of Trophy Club, Texas
47
48
49
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-5-2005
Subject: Agenda Item No.D.7
Discuss and take appropriate action regarding an Ordinance repealing Town
Ordinance No. 2005-17 in its entirety, and adopting a new Ordinance relating to a
new construction fee schedule for the Town.
EXPLANATION:
Staff has reviewed the fee schedule adopted based on the Maximus study and found that some of
the fees required adjustment. This ordinance addresses those changes.
(bg)
Attachments: 1. Ordinance
50
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2005-__
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
REPEALING ORDINANCE NO. 2005-20, THE SAME BEING AN
ORDINANCE ADOPTING A SCHEDULE OF FEES FOR THE TOWN BY
REPEALING ALL FEES RELATED TO NEW CONSTRUCTION, AND
PROVIDING FOR THE ADOPTION OF A NEW SCHEDULE OF FEES
FOR THE TOWN RELATED TO NEW CONSTRUCTION BY
INCORPORATION OF EXHIBIT “A”, ENTITLED NEW BUILDING
CONSTRUCTION FEE SCHEDULE; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING FOR SAVINGS; PROVIDING
SEVERABILITY; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING A PENALTY NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING A PUBLICATION CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its
Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and
WHEREAS, on August 30, 2004, the Town adopted the 2003 Edition of the
International Building Code, (hereinafter “IBC”); and
WHEREAS, Section 108.2 of the IBC calls for the governing authority to establish a Fee
Schedule for all work requiring a permit; and
WHEREAS, the Town has conducted a study of fees to insure the Town is accurately
recovering the costs associated with the services provided; and
WHEREAS, staff has identified miscalculations adopted by 2005-20 and recommends
Council approval of the complete fee schedule for new construction; and
WHEREAS, the fees adopted hereby are set forth in Exhibit “A” and all schedules
thereto (collectively referred to as “Exhibit ‘A’”) are reasonable and reflect reimbursement for
administrative costs incurred by the Town in providing various services to the public (A copy of
Exhibit “A” is attached hereto and incorporated herein by this reference); and
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
51
SECTION 1.
INCORPORATION OF PREMISES/PURPOSE
The foregoing premises are hereby adopted in their entirety and there is hereby
adopted a Schedule of Fees, including any schedule thereto, and incorporated
herein for all purposes for the Town of Trophy Club, Texas, the payment of which
shall be a condition precedent to the issuance of any permit, any inspection or the
provision of a copy of any ordinance, resolution or any other Town record or
document. Such fees represent the reasonable administrative costs of the Town in
providing services to the public.
SECTION 2.
APPLICABILITY/CONFLICT
The provisions of this Ordinance shall apply to all fees established herein and
shall be levied by the Town of Trophy Club, Texas, immediately upon the
effective date of this Ordinance. Separately adopted ordinances may also address
applicable fees for other permit requirements and services provided within the
Town of Trophy Club. In the event there is a conflict between the amount of a fee
enacted by a separately adopted Ordinance, the fee amount set forth herein shall
apply unless the separately adopted Ordinance specifically provides that it
controls. This Ordinance should not be construed to be all inclusive of required
permits or fees within the Town of Trophy Club.
SECTION 3.
DEFINITIONS
When used in this Ordinance, the following terms shall have the respective meanings ascribed to
them:
Accessory Building: A subordinate building or structure of masonry and/or wood construction,
detached from the main building, and customarily incidental to the principal building.
Addition: An extension or increase in floor area or height of a building or structure.
Apartment: Any building, or portion thereof which is designed, built, rented, leased, let or
hired out to be occupied as three (3) or more apartments or which is occupied as the home or
residence of three (3) or more families living independently of each other and maintaining
separate cooking facilities.
Assembly Group: A building or portion of a building used for the gathering together of fifty
(50) or more persons for such purposes as entertainment, education, worship, amusement,
drinking or dining.
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Commercial Carport: A permanent roofed structure constructed on a commercially zoned tract
of land, entirely open on at least two sides, designed or used to shelter not more than two private
passenger vehicles.
Condominium: The separate ownership of single units or apartments in a multiple unit structure
or structures with common elements as defined in Article 1301a, Texas Revised Civil Statutes
Annotated, as amended.
Congregate Care: Any building or portion thereof that contains facilities for living, sleeping
and sanitation that may include facilities for eating and cooking, for occupancy by other than a
family. A congregate care building may be a convent or monastery, but does not include jails,
hospitals, nursing homes, hotels or lodging houses.
Day Care Facility: An establishment where more than three (3) unrelated children under
fourteen (14) years of age are left for care, training, education, custody, or supervision during the
day or any portion thereof. The term “day care center” shall not include overnight lodging,
medical treatment, counseling, or rehabilitative services, and does not apply to any school, public
or private, as herein defined. Such facility shall be operated in a manner as required by Chapter
42 of the Human Resources Code of the state of Texas, as amended, and in accordance with such
standards as may be promulgated by the Texas Department of Human Resources.
Educational Building: A building reserved for the use of primary and secondary students (ages
5 to 18).
Guest House: A secondary structure on a lot which may contain dwelling accommodations for
the temporary occupancy by guests and not for rent or permanent occupancy, and such building
not having a separate utility meter.
Hospital/Medical 24 Hour Care: A facility providing health services primarily for human in-
patient medical or surgical care for the sick or injured and including related facilities such as
laboratories, out-patient departments, training facilities, central services facilities, and staff
offices that are an integral part of the facilities.
Hotel/Motel: A building or group of buildings designed and occupied as a temporary abiding
place for individuals. To be classified as a hotel an establishment shall contain a minimum of six
(6) individual guest rooms or units and may furnish customary services such as linen, maid
service, telephone, use and upkeep of furniture.
a. High Rise: Any building, as defined above, exceeding five stories.
b. Low Rise: Any building, as defined above, with one to four stories.
Office: Office space used for indeterminate purposes which may include corporate,
governmental, medical, or other forms of usage.
Medical/24 Hour Care: Refer to “Hospital”.
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Multi-Family Residential: A building or buildings containing or aggregating four or more
single-family dwelling units.
Repair Garage: A repair garage is any building or part there of which is used for painting, body
and fender work, engine overhauling or other major repair of motor vehicles. This occupancy
shall not include motor vehicle service stations.
Residential Garage: An accessory building or a portion of a main building for the storage or
parking of motor vehicles as may be required in connection with the permitted use of the main
building. A private garage shall be totally enclosed with the only exceptions being openings
used for access or ventilation, shall be constructed of similar style and material as the main
structure.
Service Station: A retail place of business engaged primarily in the sale of motor fuels, but also
supplying goods and services required in the operation and maintenance of automotive vehicles.
These may include petroleum products, tires, batteries, automotive accessories and replacement
items, washing and lubrication services, the performance of minor automotive maintenance and
repair, and the supplying of other incidental customer services and products, but excluding major
automotive repairs, painting, and body and fender work.
Shell Building: The construction of a functioning building, including site work, the building
envelope and public areas, with operating elevators and core utility systems, but excluding work
in the areas reserved for tenant occupancy.
Single Family: A portion of an enclosed building having accommodations for and occupied by
only one family, attached to like units, which units may be sold individually provided that the
entire building meets all lot area, front yard, side yard, rear yard, height and other zoning
requirements.
Tennant Improvement: The completion, remodeling or altering of a space within an existing building.
SECTION 4.
AMENDMENT
The individual fees are subject to change to reflect the Town’s actual costs and as such,
the fees herein may be changed by the Town Council at any regular or scheduled public meeting
through a simple majority vote in compliance with applicable law.
SECTION 6.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the
provisions of such Ordinances except for those instances where there are direct conflicts with the
provisions of this Ordinance and where such other ordinances(s) does not specifically state that
fees contained therein take precedence; provided however, that Ordinance No. 2005-20 is hereby
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repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that
are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent
with this Ordinance unless such ordinance specifically states that it controls over this Ordinance.
Provided however, that any complaint, action, claim or lawsuit which has been initiated or has
arisen under or pursuant to Ordinance No. 2005-20 on the date of adoption of this Ordinance
shall continue to be governed by the provisions of such Ordinance and for that purpose the
Ordinance shall remain in full force and effect.
SECTION 7.
SAVINGS
All rights and remedies of the Town of Trophy Club are expressly saved as to any and all
violations of the provisions of any Ordinances affecting fees and as to any and all claims or
causes of action regarding any fees imposed by Ordinance or other Town regulation which have
accrued prior to or at the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending causes of action, both civil and criminal, whether pending in court or
not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted
until final disposition by the courts.
SECTION 8.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity or unconstitutionality and that such remaining
portions shall remain in full force and effect.
SECTION 9.
PENALTY CLAUSE
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
SECTION 10.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local
Government Code.
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SECTION 11.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption and Effective Date in the minutes of the Town
Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 12.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of passage and
publication, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this 5th day of December, 2005.
Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
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EXHIBIT “A”
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-5-2005
Subject: Agenda Item No.D.8
Items for Future Agenda.
1. Long term capital project list, projected fiscal impact and surveys for resident input on potential projects.
2. Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek.
3. Status of street repairs and bonds, including recommendation.
4. Public Safety Advisory Group researching ways to handle the garage sale traffic.
5. Discuss and take appropriate action regarding amendment to the Schedule of Fees 2005-20 Ordinance to
include possible inclusion on Recreational User Fees. (January 23rd, 2006)
6. Discuss and take appropriate action regarding amendments to the restrictions on apartment ordinance.
(January)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-5-2005
Subject: Agenda Item No.E.1
Council will convene into Executive Session for Consultation with Town Attorney
pursuant to Section 551.071 (a) and (b) of the Open Meetings Act3 to consult on
pending or contemplated litigation or on a matter in which the duty of the attorney
to the governmental body under the Texas disciplinary rules of professional conduct
of the State Bar of Texas clearly conflicts with the Open Meetings Act (§551.071 [a]
& [b]):
1. Petition for Charter Amendment
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-5-2005
Subject: Agenda Item No.E.2
Discuss and take appropriate action relative to Executive Session Item Number E1.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-5-2005
Subject: Agenda Item No.F.1
Adjourn.