Agenda Packet TC 08/21/2006 - Work Session 1
Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, August 21, 2006
6:30 P.M.
A.1 Call to order and announce a quorum.
A.2 Work Session:
Discuss and review items posted on the August 21 Agenda with emphasis on
Street Bonds.
A.3 Invocation.
A.4 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
A.5 Presentation to Town Council from Dan Leal, Executive Director of the Children’s
Advocacy Center for Denton County and comments from Council members.
B.1 Discuss and take appropriate action relative to a request for Temporary Use
Permit for a Christian Music Festival on 9 September 2006 at 101 Trophy Club
Drive, Fellowship Methodist Church. (Applicant: Don Ragan)
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:
· Update
Community Development:
· Update
Finance:
· Update
Information System:
· Software and Systems Update
Parks and Recreation
· Facilities and Programs
Planning & Zoning
· Zoning Submissions
Police and Fire Services
· Police Services Bureau
· Fire Services Bureau
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B.3 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.
C.1 Public Hearing:
a. Consider an amendment to Town Ordinance No. 95-20, the same being PD-
13, The Village at Trophy Club, to amend the list of permitted uses for Tract 3
(Vacant Lot) to allow a restaurant with drive-thru, Applicant: Jeff Platt, Taco
Bueno, (Case No. PDAMD-06-022).
b. Consider an amendment to Town Ordinance No. 95-20, the same being PD-
13, The Village at Trophy Club, to approve a Site Plan and related modifications
for Tract 3, Applicant: Jeff Platt, Taco Bueno, (Case No. SP-06-005).
C.2 Public Hearing:
a. Consider an amendment to Town Ordinance No. 2002-41 P&Z, the same
being PD-25, Trophy Wood Business Center, to increase the boundaries of PD-
25; and by amending Exhibit "C", entitled "Development Standards" subsection
A(1)(a) to increase the size of Tract 4 from approximately 1.5 acres to
approximately 1.6 acres; and by increasing the size of Tract 5 from
approximately 2.0 acres to approximately 2.801 acres, Applicant: David
Johnston, Quanah Hospitality Partners, LP, (PDAMD-06-023).
b. Consider an amendment to Town Ordinance No. 2002-41 P&Z, the same
being PD-25, Trophy Wood Business Center for Concept Plan approval of Tract
5, Applicant: David Johnston, Quanah Hospitality Partners, LP, (CP-06-002).
c. Consider a Replat of Lots 1 and 2 in Block B of the Trophy Wood Business
Center, Applicant: David Johnston, Quanah Hospitality Partners, LP, (RP-06-
005).
C.3 Town Council to conduct a Public Hearing regarding the budget and proposed
tax rate increase for fiscal year October 1, 2006 to September 30, 2007.
D.1 Discuss and take appropriate action relative to C.1:
a. Consider an amendment to Town Ordinance No. 95-20, the same being PD-
13, The Village at Trophy Club, to amend the list of permitted uses for Tract 3
(Vacant Lot) to allow a restaurant with drive-thru, Applicant: Jeff Platt, Taco
Bueno, (Case No. PDAMD-06-022).
b. Consider an amendment to Town Ordinance No. 95-20, the same being PD-
13, The Village at Trophy Club, to approve a Site Plan and related modifications
for Tract 3, Applicant: Jeff Platt, Taco Bueno, (Case No. SP-06-005).
D.2 Discuss and take appropriate action relative to C.2:
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a. An amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25,
Trophy Wood Business Center, to increase the boundaries of PD-25; and by
amending Exhibit "C", entitled "Development Standards" subsection A(1)(a) to
increase the size of Tract 4 from approximately 1.5 acres to approximately 1.6
acres; and by increasing the size of Tract 5 from approximately 2.0 acres to
approximately 2.801 acres, Applicant: David Johnston, Quanah Hospitality
Partners, LP, (PDAMD-06-023).
b. An amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25,
Trophy Wood Business Center for Concept Plan approval of Tract 5, Applicant:
David Johnston, Quanah Hospitality Partners, LP, (CP-06-002).
c. A Replat of Lots 1 and 2 in Block B of the Trophy Wood Business Center,
Applicant: David Johnston, Quanah Hospitality Partners, LP, (RP-06-005).
D.3 Discuss and take appropriate action relative to a request for zone change from
R-12 Single Family Residential to CR - Commercial Recreation for an
approximate 4.038 acre tract of land located generally to the East and to the
South of the Municipal Utility District Wastewater Treatment Plant Facility, and
being part of the Mary Medlin Survey, A-832, Applicant: Beck Properties. (ZCA-
06-010)
D.4 Town Council to view a presentation on recommended major street
reconstruction projects, discuss and provide input regarding the appropriate
action of the issuance of remaining street bonds.
D.5 Discuss and take appropriate action regarding the award / rejection of a proposal
for banking depository services and authorization to staff to complete contract
documents for subsequent Council approval.
D.6 Discuss and take appropriate action regarding an Ordinance approving the
financing of a new police vehicle.
D.7 Council to discuss and provide input regarding the procedures by which Council
will move forward on Vision 2010.
D.8 Discuss the procedures and provide direction for moving forward on future
charter amendments and a Charter Commission.
D.9 Discuss and take appropriate action to approve financials dated July 2006.
D.10 Discuss and take appropriate action regarding an Ordinance regulating the
Town's Records Management Program and designating a Records Management
Officer.
D.11 Items for Future Agenda.
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D.12 Consent Agenda: Discuss and take appropriate action regarding an ordinance
amendment to Chapter 10, entitled "Public Safety" of the Trophy Club Code of
Ordinances, by adding Article XII, entitled "Registered Sex Offenders",
prohibiting designated persons from residing within 1,000 feet of premises where
children gather.
D.13 Consent Agenda: Discuss and take appropriate action regarding an Ordinance
amending Article VI, "Town Council Rules of Procedure", of Chapter 1 of the
Code of Ordinances, entitled “Administration”.
D.14 Consent Agenda: Discuss and take appropriate action regarding an amendment
to Chapter 8, entitled "Nuisances" of the Trophy Club Code of Ordinances, by
amending Sections 4.01 – 4.05 of Article IV, entitled "Abandoned and Junk
Vehicles".
E.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.A.2
Work Session:
Discuss and review items posted on the August 21 Agenda with emphasis
on Street Bonds.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1.None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.A.3
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.A.4
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.A.5
Presentation to Town Council from Dan Leal, Executive Director of the
Children’s Advocacy Center for Denton County and comments from
Council members.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.B.1
Discuss and take appropriate action relative to a request for Temporary
Use Permit for a Christian Music Festival on 9 September 2006 at 101
Trophy Club Drive, Fellowship Methodist Church. (Applicant: Don Ragan)
STAFF COMMENTS: Mr. Ragan will be at the meeting to discuss this request with the
Council.
The following is an excerpt from the minutes of the Planning & Zoning Commission
meeting 3 August 2006.
B.1 DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO A REQUEST FOR
TEMPORARY USE PERMIT FOR A CHRISTIAN MUSIC FESTIVAL ON 9
SEPTEMBER 2006 AT 101 TROPHY CLUB DRIVE, FELLOWSHIP METHODIST
CHURCH. (APPLICANT: DON RAGAN)
Mr. Don Ragan addressed the Commission. Chairman Hill asked how many people would
attend, Mr. Ragan said as many as possible. Sound will be directed towards the street and
parking is anticipated to be located on the property across the street. Mr. Ragan will be in
contact with Beck Properties soon. Church members will go around to homeowners n Sunset
Drive to make them aware of the event. A stage will be set up next to the church. It is
anticipated that the event will go from approximately noon until 8:30 pm. Mr. Ragan will be in
touch with Sergeant Delk to discuss traffic details.
A motion was made to recommend approval of the request for Temporary Use Permit to the
Town Council.
Motion: Ashby
Second: Reed
Ayes: Hill, Moss, Sheridan, Stamos, Stephens
Action: 7-0
Motion carried.
This item will be forwarded to the Town Council 21 August 2006.
(kcf)
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TOWN OF TROPHY CLUB 100 MUNICIPAL DRIVE
TROPHY CLUB, TEXAS 76262
PHONE # (682) 831-4680 FAX # (817) 490-0705
TEMPORARY USE PERMIT APPLICATION
DATE: 28 July 2006
ADDRESS OR AREA OF
REQUEST: Methodist Church/101 Trophy Club Drive
SECTION: N/A ZONING
DISTRICT: R-12
NAME/NAME OF
ORGANIZATION:
Don Ragan, Church Member, Fellowship United
Methodist Church
APPLICANT/ORGANIZATION
ADDRESS:
101 Trophy Club Drive
PHONE #: CELL #: EMAIL ADDRESS:
682.605.3880 Don.ragan@sabre.com
DESCRIPTION OF TEMPORARY USE
REQUEST: Christian Music Festival & B-B-Q
DATE OF
REQUEST:
Saturday, 9
September 2006
TIME OF
EVENT:
Preliminarily
scheduled for Noon -
8:30 pm
DEPARTMENT OF PUBLIC SAFETY
APPROVAL: Yes No
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Preliminary Proposal for Music Festival to be
held at
Fellowship United Methodist Church
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Proposal for Music Festival to be held at
Fellowship United Methodist Church
Objective: Raise money to be used towards a sound, lighting, audio-visual system for
the new building project for Fellowship United Methodist Church
Constraints:
1.) Weather
2.) Permits (City of Trophy Club)
3.) Neighbors
4.) Running electricity from the church
5.) Food donations
6.) Drink donations
7.) Parking
8.) Use of Church chairs and tables the day of the event
Assumptions:
1.) The bands will agree to donate their time and talent without
compensation or with the understanding that all the bands involved will
be willing to travel to their home church for a similar event when one is
arranged
2.) The stage, sound and lighting equipment will be donated for use with
compensation.
3.) The City of Trophy Club will allow us to have an outdoor concert.
4.) The neighbors of the church will be receptive to our putting on an
outdoor concert.
5.) We will be able to run enough electricity from the church to run lights
and sound.
6.) The barbeque pit will be donated for use without compensation.
7.) Drinks and Food will be donated.
8.) We will be able to provide additional parking as necessary, possibly
using the lot across the street from the church.
9.) The Church will allow us to use chairs and tables for seating and
places set up to eat during the event.
10.) We will have additional volunteers to assist with the event.
Proposal:
The proposed event will be used to raise money for the sound, lighting
and audio-visual equipment to be installed in the new sanctuary currently
under construction for the congregation of Fellowship United Methodist
Church and will be held on the church grounds on Saturday September 9th
2006. All monies raised will be used for the objective stated and no
individual or group will be monetarily compensated for their time or talents.
Don Ragan will organize the event under the name of P.O.P. promotions
(Prince of Peace promotions) with the input of all necessary committees of
the church as deemed appropriate by the administrative council of the
Fellowship United Methodist Church and Reverend Daniel Humbert.
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Proposal Cont:
The vision of the event includes having area businesses, merchants and
individuals donate food and drinks with the understanding that they would
be allowed advertising space on any flyers or other printed materials used
in promoting the event. The food and drinks would be sold in a barbeque
atmosphere as the bands play using the donated barbeque pit to cook as
necessary. The menu will be determined as commitments for donations
are obtained. Again, all money made from the sale of food and drinks will
go directly to the fund mentioned previously. P.O.P. promotions will be
responsible for organizing all of the bands that will be playing with the
preliminary lineup as follows:
Time Band Home Church
12:00 – 13:00 On-Call band F.U.M.C.
13:30 – 14:30 70 x 7 F.U.M.C.
15:00 – 16:00 PS150 Arlington
16:30 – 17:30 Rick Shivers Keller
18:00 – 18:30 Reign Church of Flower Mound
19:00 – 20:30 945 F.U.M.C.
Currently, preliminary commitments to play and assist in organizing the
event have come from the members of 945, 70 x 7, On-Call band and
PS150. P.O.P. promotions will also be approaching 89.7 Power FM, a
Dallas based local Christian Rock radio station, about the possibility of
doing a live broadcast from our location on the day of the event allowing
for the possibility of advertising on their station. It is further proposed that
the event be held on the East side of the church with the stage set up on
the grass and slightly towards the back of the church allowing for those
attending to be allowed to set up lawn chairs, spread blankets on the
grass or sit in some of the chairs provided by the church. The food area
would be set up near the front of the enclosure that houses our dumpster
and the parking area on that side of the church would be sealed off from
any but foot traffic. In addition, P.O.P. promotions will be responsible for
obtaining any necessary permits from the City of Trophy Club that will be
needed for the event, setting up the stage, lighting and sound systems,
setting up of the barbeque pit, food and drink area, and organizing the
obtaining of donations for the event. This proposal is preliminary and
subject to change as the committees of Fellowship United Methodist
Church and Reverend Daniel Humbert seems fit.
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Permits:
1.) A Temporary Health permit may be necessary for the serving of food at
the event. The City of Trophy club would issue us a fourteen day
permit for the cost of $35.00.
2.) A Noise Permit may be necessary for this event. The City of Trophy
Club would issue us an incidental noise permit for the cost of $25.00.
Permits cont:
3.) Sign permits may be necessary for this event. If we decide to display
banners, they can be no more than 36 SqFt and the permit for each
one would cost $25.00. Lawn signs similar to the metal signs you may
see around neighborhoods can be 2-sided and no more than 8 SqFt.
The cost for these signs is $50.00 per sign.
4.) Don Ragan presented this proposal to the Trophy Club Planning and
Zoning Commission on August 3, 2006 to obtain a temporary use
permit and the commission voted unanimously to send it to the Trophy
Club City Council with a favorable recommendation.
5.) The City of Trophy club may let us have these permits for free and I
am currently working with them towards that goal but if not the cost
would be covered by an individual who has volunteered to cover some
costs.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
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:
· Update
Community Development:
· Update
Finance:
· Update
Information System:
· Software and Systems Update
Parks and Recreation
· Facilities and Programs
Planning & Zoning
· Zoning Submissions
Police and Fire Services
· Police Services Bureau
· Fire Services Bureau
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.B.3
Citizen presentations: this is an opportunity for citizens to address the
Council on any matter whether or not it is posted on the agenda. The
Council is not permitted to take action on or discuss any presentations
made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior
to the Council addressing those items.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.C.1
Public Hearing:
a. Consider an amendment to Town Ordinance No. 95-20, the same being
PD-13, The Village at Trophy Club, to amend the list of permitted uses for
Tract 3 (Vacant Lot) to allow a restaurant with drive-thru, Applicant: Jeff
Platt, Taco Bueno, (Case No. PDAMD-06-022).
b. Consider an amendment to Town Ordinance No. 95-20, the same being
PD-13, The Village at Trophy Club, to approve a Site Plan and related
modifications for Tract 3, Applicant: Jeff Platt, Taco Bueno, (Case No. SP-
06-005).
(kcf)
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PLANNING & ZONING COMMISSION
REPORT
PURPOSE: To conduct a public hearing and consider making a recommendation to the
Town Council regarding an amendment to PD-13, The Village at Trophy Club,
amending Section A(3)(b) relating to permitted uses for Tract 3, Sections B(9)(a) and
B(9)(c) relating to exterior construction materials for Tract 3 and Section B(16) relating
to Tract 3 signage.
APPLICANT: Jeff Plat, Director of Real Estate and Design
TACO BUENO RESTAURANTS
3033 Kellway Drive, Suite 122
Carrolton, Texas 75006
EXISTING CONDITION OF THE PROPERTY: This is an existing vacant, platted tract
of land that is currently zoned PD-13. The property is the last remaining undeveloped
lot in The Village at Trophy Club.
ADJACENT ZONING/EXISTING LAND USES:
North – R-11 Single Family Residential
South – Outside Town Limits/ SH 114
East – PO (Vacant Undeveloped Land)
West – PD-13 (Convenience Store with Gasoline Sales)
COMPREHENSIVE PLAN ANALYSIS: The Comprehensive Land Use Plan designates
this area as Commercial/Professional. The applicant would like to construct a
restaurant with drive-thru facilities. This request appears to be in compliance with the
Comprehensive Land Use Plan.
CASE ANAYLSIS: PD-13 was created in November 1995 and consists of Lots 1, 2, 3,
4A & 4B in The Village at Trophy Club. This is a request to amend PD-13 to allow for
the construction of a Taco Bueno restaurant on Tract 3. The subject property is
specifically referred to as Tract 3 in the standards of PD-13. Section A(3)(b) calls for
restaurants with no drive-thru or drive-in facilities. The applicant is requesting an
amendment to allow a drive-thru facility for the proposed restaurant.
MASONRY
The applicant has provided elevations of the proposed building to be constructed.
Section B(9)(a) of PD-13 requires that the vertical walls be constructed of 100%
masonry and all walls visible from the street be constructed of Austin Stone or
similar material.
The original elevations presented to the Planning & Zoning Commission
consisted of a combination of stone veneer matching the existing buildings in the
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PD as well as E.I.F.S. Since the Planning & Zoning Commission meeting 3
August 2006, the applicant has changed the elevations to reflect a Portland
Cement Stucco finish and a stone veneer, both to match the existing buildings
within the PD.
WINDOWS
Section B(9)(b) of PD-13 requires all windows and doors to have gridded lite
planes. The elevations provided by the applicant show the use of pre-finished
doors and windows. The applicant is requesting an amendment to Section
B(9)(b) to allow for the use of non-gridded, mill-finish door and window lite panes.
SIGNAGE
Section B(16)(e) of PD-13 requires that all signs be “externally lighted only” and
that “no neon or similar type lighting is permitted”. The applicant is requesting an
amendment to allow internally illuminated signage for Tract 3.
STAFF FINDINGS:
1. In October 1997, Tract 2 of PD-13 was amended to allow for a restaurant with
drive-thru facilities. Taco Bueno’s request for use amendment is consistent with
the 1997 Tract 2 amendment to allow for a restaurant with drive-thru.
2. The revised elevations, revised after the Planning & Zoning Commission’s 3
August 2006 meeting, depicts stone veneer and stucco, both materials matching
the existing development.
3. The Zoning Ordinance does not regulate the type of window allowed in
commercial zoning districts. The requirement for gridded lite panes for PD-13 is
unique to this PD.
4. All of the tracts in PD-13 have been amended to allow internally illuminated
signage. Tract 4B (Executive Suites) currently does not have internally
illuminated signage on the property, however earlier this year Tract 4B was
amended to allow internal illuminated signage. The request for amendment from
Taco Bueno is consistent with the surrounding development.
5. The request for amendment to PD-13 would be specifically for Tract 3 and would
not apply to any other tract in PD-13.
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MINUTES FROM PLANNING & ZONING COMMISSION MEETING – 3 AUGUST 2006
EXCERPT SPECIFIC TO TACO BUENO AGENDA ITEMS ONLY
*********************************
B.2 PUBLIC HEARING:
A. CONSIDER AN AMENDMENT TO TOWN ORDINANCE NO. 95-20, THE SAME
BEING PD-13, THE VILLAGE AT TROPHY CLUB, TO AMEND THE LIST OF
PERMITTED USES FOR TRACT 3 (VACANT LOT) TO ALLOW A RESTAURANT
WITH DRIVE-THRU, APPLICANT: JEFF PLATT, TACO BUENO, (CASE NO.
PDAMD-06-022).
Mr. Jeff Platt addressed the Commission. Taco Bueno has been looking for an area around
Trophy Club and Roanoke for quite some time. They opted to go with the Trophy Club location
as opposed to the standard WAL-MART shopping facility. Taco Bueno was attracted to Trophy
Club because of its aesthetic surroundings and generally that Trophy Club is a good city to be
involved with. The site is bigger than needed and therefore they have tried to locate the building
closer to the front of the property in order to maintain a greater distance from the residential
properties located just behind this site. Landscaping and a screening fence has been included
to create a green space and a buffer. The menu board has been moved forward as far as
possible while set back enough to allow time for the orders to be prepared. Generally, the
longer the queue, the faster orders can be filled.
The following residents addressed the Commission:
Dave Glaser, 15 Overhill Drive
David White, 1118 Sunset Drive
Milton Smith, 1120 Sunset Drive
b. CONSIDER AN AMENDMENT TO TOWN ORDINANCE NO. 95-20, THE SAME
BEING PD-13, THE VILLAGE AT TROPHY CLUB, TO APPROVE A SITE PLAN
AND RELATED MODIFICATIONS FOR TRACT 3, APPLICANT: JEFF PLATT,
TACO BUENO, (CASE NO. SP-06-005).
Mr. Platt stated he originally met with Ms. Fleck and showed the standard Taco Bueno
prototype. At that time he was advised that the elevation would not work well in PD-13. They
went back to the drawing board and tried to pick up some characteristics from the surrounding
buildings in the PD and incorporate those into their elevations, (The Christina’s tower as well as
their wood lattice work has been utilized, the strip center awning curvatures as well as the EIFS
and plaster). Taco Bueno is seeking an amendment to the development standards of PD-13
for the Austin Stone masonry requirement. In working the economics of the site, they would not
be able to make it work with the current stone requirement. The windows specified right now do
not match Taco Bueno’s color pallet, gridded panes in hunter green, therefore they are asking
for a PD amendment for mill finished windows as well. Chairman Hill read from staff comments.
Chairman Hill closed the public hearing.
C.1 DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO:
A. CONSIDER AN AMENDMENT TO TOWN ORDINANCE NO. 95-20, THE SAME
BEING PD-13, THE VILLAGE AT TROPHY CLUB, TO AMEND THE LIST OF
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PERMITTED USES FOR TRACT 3 (VACANT LOT) TO ALLOW A RESTAURANT
WITH DRIVE-THRU, APPLICANT: JEFF PLATT, TACO BUENO, (CASE NO.
PDAMD-06-022).
Commissioner Sheridan inquired about the PD requirements for Tract 2. Ms. Fleck stated the
drive thru use already allowed was limited to Tract 2 only. The request before the Commission
would only amend the use requirements for Lot 3. Commissioner Sheridan asked where the
menu board for Tract 2 was to be located. Ms. Fleck stated she did not have the location to
show the Commission, however, it was much closer to the residential properties on Sunset
Drive than the menu board location that Taco Bueno is proposing. Additionally, there was not
an additional screening wall, as is the case with Taco Bueno. Commissioner Sheridan asked
that the Commission be permitted to discuss both the use amendment and the site plan with
accompanying modifications prior to taking action on agenda item C.1a, as the site plan and
modifications would possibly impact the decision on the use amendment.
Commissioner Stamos asked whom and why the menu board was relocated. Mr. Platt stated
that staff recommended moving it further away from the residential properties. Commissioner
Stamos stated that he did not see any benefit to moving the menu board; in fact he saw the
relocation as a detriment due to the number of cars stacked in line from the time the order is
placed to the time they pay.
Vice Chairman Stephens clarified the applicability of this PD amendment to only Tract 3.
Commissioner Reed asked if Mr. Plat had an estimate on the number of customers each day.
Mr. Platt stated that there would be approximately 400-500 cars each day.
Commissioner Ashby asked if Taco Bueno had performed a demographics study of the area,
Mr. Platt confirmed. Commissioner Ashby asked if Taco Bueno had considered a restaurant
establishment without a drive-thru. Mr. Platt stated that concept had been discussed in general,
but not specifically for this site. Fifty-five to sixty percent (55%-60%) of their business is due to
drive thru sales. Mr. Platt went on to say that he does not locate restaurants in existing
shopping centers on end-caps because a drive thru use is generally not allowed on an end-cap.
Taco Bueno has been in the area since 1967. Since that time they have tried outside dining to
attract more people, but it has not been successful thus far.
There were no additional comments from the Commissioners relating to the drive thru.
Chairman Hill moved to agenda item C.1b.
b. CONSIDER AN AMENDMENT TO TOWN ORDINANCE NO. 95-20, THE SAME
BEING PD-13, THE VILLAGE AT TROPHY CLUB, TO APPROVE A SITE PLAN
AND RELATED MODIFICATIONS FOR TRACT 3, APPLICANT: JEFF PLATT,
TACO BUENO, (CASE NO. SP-06-005).
Commissioner Ashby stated he would like to see the exterior elevations with ninety percent
stone (90%) and ten percent (10%) stucco.
Commissioner Reed said there was a specific reason why the PD requires Austin Stone and he
did not see any reason to change that requirement. Commissioner Moss echoed the same
sentiment.
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Vice Chairman Stephens and Commissioner Stamos stated they would not consider amending
the masonry percentage requirement.
Commissioner Sheridan said that whatever requirements Christina’s and Vinny’s has, he would
be willing to discuss that type of mix to the elevations for Taco Bueno.
Chairman Hill said that PD-13 has stringent architectural requirements put in place due to its
location at the front entrance of the Town and its close proximity to residences. He went on to
say that he would be in favor of the use, though he has concerns about traffic congestion,
especially at noon.
Chairman Hill asked for a recommendation for or against for the drive-thru use.
Commissioner Sheridan said that he was not done asking questions of the applicant. The
Commission continued with questions.
Commissioner Sheridan said he was not sure the four foot (4’) tall wall would be sufficient.
Would there be another way to accommodate the front six (6) parking spaces in the site due to
heavy traffic. Additionally, the noise of the microphone and the lighting of the menu board is a
concern. Ms. Fleck stated that a maximum decibel level could be added to the PD
requirements.
A motion was made to deny the request for amendment to PD-13 for a drive thru restaurant.
Motion: Stephens
Second: Ashby
Vice Chairman Stephens spoke to his motion. He agreed with a lot of the comments made, he
felt there are major traffic congestion problems with ingress and egress to the site, he does not
see it as a good fit with the Town, and he believes it will cause many problems for the residents
adjacent to the property, and for other citizens that use Trophy Club Drive everyday.
Commissioner Ashby said that he would like to see it as a sit down restaurant without a drive-
thru.
Commissioner Sheridan said he was in favor of Taco Bueno and/or a drive thru restaurant,
there is one allowed in the development presently. This vacant lot is a commercial use; what
businesses will go in there that will not create traffic congestion?
The motion was voted on by the Commission.
Ayes: Moss, Reed
Nays: Hill, Sheridan, Stamos
Action: 4-3
Motion carried.
The Commission did not act on agenda item C.1b because the use amendment was denied.
Both the use request and the site plan with modifications will be forwarded to the Town Council
21 August 2006.
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ATTACHMENTS:
Site Location
Aerial
Zoning Map
PD-13 Development Standards
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SITE LOCATION
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AERIAL
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ZONING MAP
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36
37
38
39
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41
42
43
44
45
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-__P&Z
AND ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 95-20, KNOWN AS PLANNED
DEVELOPMENT DISTRICT NO. 13, THE VILLAGE AT TROPHY CLUB,
EXHIBIT “C”, “DEVELOPMENT STANDARDS”, SECTION A(3),
“TRACT 3 (TRANSITION FROM OFFICE AND COMMERCIAL TO
RETAIL)”, BY AMENDING THE LIST OF PERMITTED USES TO
ALLOW A RESTAURANT WITH DRIVE-THRU, BY ADOPTING A SITE
PLAN FOR TRACT 3, AND ADOPTING SPECIFIC BUILDING
STANDARDS FOR TRACT 3; PROVIDING FOR THE INCORPORATION
OF PREMISES; PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a
Home Rule Municipality acting under its Charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
Government Code; and
WHEREAS, the owner of the tract of land, (the “Land”), known as Planned
Development District No. 13, (PD-13), the Village at Trophy Club, has requested an
amendment to the regulations outlined in PD Ordinance No.95-20 P&Z, by amending
Exhibit “C” entitled “Development Standards”, Section A(3) “Tract 3 (Transition from
Office and Commercial to Retail)” by amending the list of permitted uses to allow a
restaurant with drive-thru, by adopting a site plan for Tract 3, and by adopting specific
building standards for Tract 3; and
WHEREAS, after public notices were given in compliance with State law and
public hearings were conducted, and after considering the information submitted at
those public hearings and all other relevant information and materials, the Planning and
Zoning Commission of the Town has recommended to the Town Council the denial of
the proposed amendments to PD Planned Development Ordinance No. 95-20 as set
forth in this Ordinance; and
WHEREAS, after due deliberation and consideration by Town Council of the
Town of Trophy Club, Texas at properly posted public hearings, the Town Council now
deems it necessary to adopt this Ordinance amending Ordinance No. 95-20 P&Z to
make the changes as further specified in this Ordinance and having concluded that
such adoption is in the best interest of the Town and of the public health, safety and
welfare;
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
A. Exhibit “C” entitled “Development Standards”, Section A, Subsection (3) is
amended to read as follows:
(b) Permitted Uses: In the development of Tract 3, no land shall be used and
no building or structure shall be installed, erected or converted to any use
other than the following:
(1) Restaurant with drive thru
B. Exhibit “C” entitled “Development Standards”, Section A, Subsection (3) is
amended to read as follows:
(d) Signage: The following sign regulations apply to signs within Tract 3 only
and are cumulative of all other general sign regulations herein. In the
event of a conflict between these regulations and any other regulations
contained in this ordinance, the following regulations shall control the
signage within Tract 3:
(i) Monument Sign: One internally illuminated monument sign
shall be located as identified on Exhibit “C.9”. The signs
shall not exceed a maximum of four feet (4’) in height, and
twelve feet, six inches (12’6”) in width, as shown on Exhibit
“C.11”. The signs shall be mounted on a stone base with the
signage face not to exceed a maximum of three feet, two
inches (3’, 2”) in height, and ten feet (10’) in width.
(ii) Wall Sign (Logo): Three wall signs, internally illuminated,
shall be located on the front, right and left elevations of the
building, as identified in Exhibit “C.10”. The signs shall not
exceed a total of five feet, one and one half inches (5’-1½”)
in height, and seven feet eight and one half inches (7’-8½”)
in width, as identified in Exhibit “C.11”.
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(iii) Wall Sign (Restaurant Name): Three restaurant name wall
signs, internally illuminated, shall be located on the front,
right and left elevations of the building, as identified in
Exhibit “B”. The signs shall not exceed a total of twelve
inches (12”) in height, and eight feet, ten inches (8’, 10”) in
width, as identified in Exhibit “C.11”.
(iv) Clearance Bar: One clearance bar shall be located as
identified on Exhibit “C.9”. The bar shall be a maximum of
nine feet eight inches (9’, 8”) above grade, and eight feet (8’)
in length, as identified in Exhibit “C.11”.
(v) Menu Board: One menu board shall be located as identified
on Exhibit “C.9”. The menu board shall not exceed a
maximum of five feet , two inches (5’, 2”) in height, and eight
feet, six inches (8’, six”) in width, as shown on Exhibit “C.12”.
(c) Building Materials: The structure located on Tract 3 shall be of fire
resistant construction having 100% of the total exterior walls,
excluding doors, windows and porches, constructed of stone,
concrete or other masonry material of equal characteristics as
approved by the Town Council upon recommendation of the
Planning & Zoning Commission. The structure shall be veneered
with stone, texture coated concrete, a dull finish metal type roof,
EIFS trim and wood brackets, as shown in Exhibit “C.10”.
(i) The roof and awnings shall be galvalume construction and
shall match the existing structures in PD-13.
(ii) Windows and doors shall be non-gridded, mill finish door
and window lite panes, as shown on Exhibit “C.10”.
(iii) A wood trellis shall be constructed on the front, right and left
elevations, as indicated on Exhibit “C.10”.
C. Site Plan: A planned development site plan for the Land and all parts
thereof, is attached hereto as Exhibit “C.9”, “Site Plan” and incorporated
herein as if copied in its entirety. Such planned development site plan
shall be adhered to in carrying out the construction of Tract 3 with this
Ordinance, and compliance with each and every part of such plans shall
constitute a condition precedent to the issuance of any building permit for
this Tract 3.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town
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affecting Tract 3 of PD-13, The Village at Trophy Club and shall not repeal any of the
provisions of such ordinances except in those instances where provisions of those
ordinances are in direct conflict with the provisions of this Ordinance; whether such
ordinances are codified or uncodified, and all other provisions of the Ordinances of the
Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any
complaint, action, cause of action or claim which prior to the effective date of this
Ordinance has been initiated or has arisen under or pursuant to such repealed
Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for
that purpose the Ordinance shall be deemed to remain and continue in full force and
effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be fined,
upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars
($2,000.00), and a separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with
law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the ___ day of _________, 2006.
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_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Town Attorney
Town of Trophy Club, Texas
51
Exhibit “C.9” – Site Plan
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Exhibit “C.10” – Building Elevations
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Exhibit “C.11” Signage
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Exhibit “C.12” – Menu Board
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Pictures of Existing Menu Boards
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Example Photos From the Development
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.C.2
Public Hearing:
a. Consider an amendment to Town Ordinance No. 2002-41 P&Z, the same
being PD-25, Trophy Wood Business Center, to increase the boundaries of
PD-25; and by amending Exhibit "C", entitled "Development Standards"
subsection A(1)(a) to increase the size of Tract 4 from approximately 1.5
acres to approximately 1.6 acres; and by increasing the size of Tract 5 from
approximately 2.0 acres to approximately 2.801 acres, Applicant: David
Johnston, Quanah Hospitality Partners, LP, (PDAMD-06-023).
b. Consider an amendment to Town Ordinance No. 2002-41 P&Z, the same
being PD-25, Trophy Wood Business Center for Concept Plan approval of
Tract 5, Applicant: David Johnston, Quanah Hospitality Partners, LP, (CP-
06-002).
c. Consider a Replat of Lots 1 and 2 in Block B of the Trophy Wood
Business Center, Applicant: David Johnston, Quanah Hospitality Partners,
LP, (RP-06-005).
(kcf)
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PLANNING & ZONING COMMISSION
REPORT
PURPOSE:
ZONING: To hold public hearing and consider taking action an amendment to
PD-24, the Trophy Wood Business Center, amending Town Ordinance 2002-41
P&Z, first paragraph, relating to increasing the boundaries of PD-25, and Section
(A)(1)(a) to increase the size of Tracts 4 and 5, and to approve a Concept Plan
for Tract 5.
PLATTING: To hold a public hearing and consider taking action on a Replat of
Lots 1 and 2 of the Trophy Wood Business Center.
APPLICANT: David Johnston
Quanah Hospitality Partners, LP
16610 Dallas Parkway, Suite 1300
Dallas, Texas 75248
EXISTING CONDITION OF THE PROPERTY: This is existing vacant, platted property
that is currently zoned PD-25.
ADJACENT ZONING/EXISTING LAND USES:
North: PD-14, The Villas at Trophy Club, Single Family Residential
South: Outside Town Limits/ SH114 Access Road
East: Outside Town Limits/ TW King Road
West: CG – Vacant
COMPREHENSIVE PLAN ANALYSIS: The Comprehensive Land Use Plan designates
this area as Commercial/Professional. The applicant would like to construct a hotel
facility. This request appears to be in conformance with the Comprehensive Plan.
STAFF ANAYLSIS: PD-25 was adopted in December 2002, and consists of tracts 1-9
for the Trophy Wood Business Center. This is a request to amend PD-25 to: (1)
increase the boundaries of PD-25; (2) increase the size of Tracts 4 and 5; (3) adopt a
Concept Plan for Tract 5; and (4) approve a Replat of lots 1 and 2 (referred to as Tracts
4 and 5 in PD-25) of the Trophy Wood Business Center Plat. The Final Plat for the
Business Center was approved 16 June 2003.
There is a triangular tract of land, approximately .945 acres in size that was not
originally included in the boundaries of PD-25, or in the Final Plat of the Business
Center. The applicant developing Tract 5, on behalf of the property owners, is
proposing to add the .945 acreage to PD-25. Approximately .787 acres will be added to
Tract 5, and approximately .167 acres will be added to Tract 4.
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The applicant was provided with staff comments 6 July 2006. The applicant has made
all appropriate modifications. The Replat appears to be in compliance with the Town’s
Subdivision Regulations.
STAFF FINDINGS: Staff has reviewed this request and has determined the following:
1. The amendment to PD-25 to approve a Concept Plan is for a hotel use. Tract 5
is already zoned for this type of use. PD-25, Section (A)(1)(c)(3) states the
following:
Tracts 5, 7 and 9 shall allow hotel uses, either full-service or limited stay facilities. Limited stay
facilities shall not require facilities for meetings, conferences or full service dining.
2. All current zoning restrictions would apply to the land added to Tracts 4 and 5.
3. The additional land added to Tract 5 would enable an alternate placement of the
hotel facility on the property, as opposed to the current layout of the land.
MINUTES FROM PLANNING & ZONING COMMISSION MEETING – 3 AUGUST 2006
EXCERPT SPECIFIC TO VALUE PLACE AGENDA ITEMS ONLY
****************************************
B.3 PUBLIC HEARING:
A. CONSIDER AN AMENDMENT TO TOWN ORDINANCE NO. 2002-41 P&Z, THE
SAME BEING PD-25, TROPHY WOOD BUSINESS CENTER, TO INCREASE THE
BOUNDARIES OF PD-25; AND BY AMENDING EXHIBIT "C", ENTITLED
"DEVELOPMENT STANDARDS" SUBSECTION A(1)(A) TO INCREASE THE SIZE
OF TRACT 4 FROM APPROXIMATELY 1.5 ACRES TO APPROXIMATELY 1.6
ACRES; AND BY INCREASING THE SIZE OF TRACT 5 FROM APPROXIMATELY
2.0 ACRES TO APPROXIMATELY 2.801 ACRES, APPLICANT: DAVID
JOHNSTON, QUANAH HOSPITALITY PARTNERS, LP, (PDAMD-06-023).
Mr. Rick Martin addressed the Commission. Value Place has two properties under contract.
One is in PD-25, the other is outside the PD boundaries. They are seeking to bring the property
under the controls of PD-25.
Mr. Larry Stewart addressed the Commission. He is the general partner for the group of
investors that own the Trophy Wood Business Center. Originally, the owner of the small
triangular piece, Cy Holley, chose not to sell it to Mr. Stewart for inclusion in PD-25. However
now, Mr. Holley is doing so. The land is not platted and it is currently not zoned. It is a good fit
in a lot of ways, and therefore they are seeking to incorporate it into the boundaries of PD-25.
The tracts immediately to the east and west of Trophy Branch would increase slightly in size.
As a result, the tract on the west side would be more desirable for restaurants and the east side
would allow for more site layout possibilities. Mr. Stewart went on to say that he has always
been concerned with the site Quanah is interested in, due to the fact that it imposes on their
view corridor. The large mass of tress on the southeastern portion of the site will be thinned out
at some point in the future for the presentation of the property to the public. Additionally, by
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adding the tract, Quanah is capable of building a larger tract than what they can presently. That
means ad valorem tax revenues that will be added for the additional structure and sales tax
revenues that could potentially be generated by surrounding development.
b. CONSIDER AN AMENDMENT TO TOWN ORDINANCE NO. 2002-41 P&Z, THE
SAME BEING PD-25, TROPHY WOOD BUSINESS CENTER FOR CONCEPT
PLAN APPROVAL OF TRACT 5, APPLICANT: DAVID JOHNSTON, QUANAH
HOSPITALITY PARTNERS, LP, (CP-06-002).
Mr. Martin addressed the Commission and spoke to the Concept Plan. The Concept Plan
indicates the building orientation, size and footprint and access points for the property. Mr.
Martin also showed the Commission a rendering of the elevation for the structure, (this item was
not included in the packet or handed out to the Commission).
There were no requests to speak from the public.
c. CONSIDER A REPLAT OF LOTS 1 AND 2 IN BLOCK B OF THE TROPHY WOOD
BUSINESS CENTER, APPLICANT: DAVID JOHNSTON, QUANAH HOSPITALITY
PARTNERS, LP, (RP-06-005).
Mr. Martin addressed the Commission and spoke to the Replat. The Replat is “housekeeping”
to incorporate the triangular tract of land into Lots 1 and 2, in conjunction with the amendment to
the boundaries of PD-25.
There were no requests to speak from the public.
Chairman Hill closed the public hearing.
C.2 DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO:
A. AN AMENDMENT TO TOWN ORDINANCE NO. 2002-41 P&Z, THE SAME BEING
PD-25, TROPHY WOOD BUSINESS CENTER, TO INCREASE THE BOUNDARIES
OF PD-25; AND BY AMENDING EXHIBIT "C", ENTITLED "DEVELOPMENT
STANDARDS" SUBSECTION A(1)(A) TO INCREASE THE SIZE OF TRACT 4
FROM APPROXIMATELY 1.5 ACRES TO APPROXIMATELY 1.6 ACRES; AND
BY INCREASING THE SIZE OF TRACT 5 FROM APPROXIMATELY 2.0 ACRES
TO APPROXIMATELY 2.801 ACRES, APPLICANT: DAVID JOHNSTON, QUANAH
HOSPITALITY PARTNERS, LP, (PDAMD-06-023).
Commissioner Sheridan inquired about the Denton/Tarrant County line. There were no
comments from the rest of the Commission.
A motion was made to recommend approval of the request to amend PD-25 to increase the
boundaries of the PD.
Motion: Sheridan
Second: Stephens
Ayes: Hill, Ashby, Moss, Reed, Stamos
Nays: None
Action: 7-0
Motion carried.
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b. AN AMENDMENT TO TOWN ORDINANCE NO. 2002-41 P&Z, THE SAME BEING
PD-25, TROPHY WOOD BUSINESS CENTER FOR CONCEPT PLAN APPROVAL
OF TRACT 5, APPLICANT: DAVID JOHNSTON, QUANAH HOSPITALITY
PARTNERS, LP, (CP-06-002).
Mr. Martin addressed the Commission again. The hotel will be four (4) stories with one hundred
twenty-one (121) units. The front door will be oriented towards the interior of the business
development. The parking spaces exceed that of the Town’s requirements by six (6) spaces.
Tree mitigation is currently being addressed with Town staff.
A motion was made to recommend approval of the Concept Plan.
Motion: Moss
Second: Reed
Ayes: Hill, Ashby, Sheridan, Stephens
Nays: Stamos
Action: 6-1
Motion carried.
This item will be forwarded to the Town Council 21 August 2006.
c. A REPLAT OF LOTS 1 AND 2 IN BLOCK B OF THE TROPHY WOOD BUSINESS
CENTER, APPLICANT: DAVID JOHNSTON, QUANAH HOSPITALITY
PARTNERS, LP, (RP-06-005).
A motion was made to approve the request for Replat.
Motion: Stephens
Second: Ashby
Ayes: Hill, Moss, Reed, Sheridan
Nays: Stamos
Action: 6-1
Motion carried.
D.1 ADJOURNMENT.
Chairman Hill adjourned the meeting at 8:51pm.
ATTACHMENTS:
ATTACHMENT A – SITE LOCATION
ATTACHMENT B – AERIAL
ATTACHMENT C – ZONING MAP
ATTACHMENT D- PD-25 ZONING ORDINANCE
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SITE MAP
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AERIAL MAP
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ZONING MAP
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-__P&Z
AND ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2002-41 P&Z, KNOWN AS PD PLANNED
DEVELOPMENT DISTRICT NO. 25, TROPHY WOOD BUSINESS
CENTER, EXHIBIT “C”, “DEVELOPMENT STANDARDS”, BY
AMENDING THE FIRST PARAGRAPH TO INCREASE THE SIZE OF
THE PD TO APPROXIMATELY 17.45 ACRES, AND BY AMENDING
SECTION A(1)(a), “SIZE OF TRACTS”, BY INCREASING THE SIZE OF
TRACTS 4 FROM 1.5 TO 1.7 ACRES, AND TRACT 5 FROM 2.0 TO 2.8
ACRES; AND ADOPTING A CONCEPT PLAN FOR TRACT 5;
PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING A
SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a
Home Rule Municipality acting under its Charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
Government Code; and
WHEREAS, the owner of the tract of land, (the “Land”), known as Planned
Development District No. 25, (PD-25), the Village at Trophy Club, has requested an
amendment to the regulations outlined in PD Ordinance No.2002-41 P&Z, by amending
Exhibit “C” entitled “Development Standards”, by amending the first paragraph to
increase the size of the PD to approximately 17.45 acres, and by amending section
A(1)(a) “Size of Tracts” by increasing the size of Tract 4 from 1.5 to 1.7 acres and Tract
5 from 2.0 to 2.8 acres, and adopting a Concept Plan for Tract 5; and
WHEREAS, after public notices were given in compliance with State law and
public hearings were conducted, and after considering the information submitted at
those public hearings and all other relevant information and materials, the Planning and
Zoning Commission of the Town has recommended to the Town Council the approval of
the proposed amendments to PD Planned Development Ordinance No. 2002-41 as set
forth in this Ordinance; and
WHEREAS, after due deliberation and consideration by Town Council of the
Town of Trophy Club, Texas at properly posted public hearings, the Town Council now
deems it necessary to adopt this Ordinance amending Ordinance No.2002-41 P&Z to
make the changes as further specified in this Ordinance and having concluded that
such adoption is in the best interest of the Town and of the public health, safety and
welfare;
82
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
A. Exhibit “C” entitled “Development Standards”, first paragraph to read as follows:
The development of the Land described in Exhibit “A” – Legal Description (a copy
of which is attached hereto and incorporated herein) consisting of approximately
17.45 acres of land shall be in accordance with Exhibit “B” – Concept Plan of the
development (a copy of which is attached hereto and incorporated herein), all
other Exhibits attached to or incorporated herein, the Comprehensive Zoning
Ordinance, all other applicable ordinances and regulations of the Town of Trophy
Club, and the following Development Standards, conditions and requirements:
B. Exhibit “C” entitled “Development Standards”, Section A, Subsection (1),
paragraph (a) is amended to read as follows:
Tract 4 shall contain approximately 1.7 acres of land
Tract 5 shall contain approximately 2.8 acres of land
C. Concept Plan: A planned development concept plan for the Land and all
parts thereof, is attached hereto as Exhibit “C.1”, “Tract 5 Concept Plan”
and incorporated herein as if copied in its entirety. Such planned
development concept plan shall be adhered to in carrying out the
construction of Tract 5 with this Ordinance, and compliance with each and
every part of such plans shall constitute a condition precedent to the
issuance of any building permit for this Tract 5.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town
affecting Tract 5 of PD-25, The Trophy Wood Business Center 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
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Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any
complaint, action, cause of action or claim which prior to the effective date of this
Ordinance has been initiated or has arisen under or pursuant to such repealed
Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for
that purpose the Ordinance shall be deemed to remain and continue in full force and
effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be fined,
upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars
($2,000.00), and a separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with
law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the ___ day of _________, 2006.
_______________________________
Mayor
Town of Trophy Club, Texas
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ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Town Attorney
Town of Trophy Club, Texas
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Exhibit “A” – Tract 5 Concept Plan
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.C.3
Town Council to conduct a Public Hearing regarding the budget and
proposed tax rate increase for fiscal year October 1, 2006 to September 30,
2007.
EXPLANATION:
The Mayor is required to announce the date, time and place of the vote on the tax rate
and this announcement must be made during the public hearing on the tax rate.
Suggested wording for announcement, “The Town Council will be voting on the 2006-07
tax rate on September 18, 2006, during their Regular Session, which starts at 7:00 P.M.
The meeting will be held here in the Council Chambers.”
RECOMMENDATION:
ACTION BY COUNCIL:
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.D.1
Discuss and take appropriate action relative to C.1:
a. Consider an amendment to Town Ordinance No. 95-20, the same being
PD-13, The Village at Trophy Club, to amend the list of permitted uses for
Tract 3 (Vacant Lot) to allow a restaurant with drive-thru, Applicant: Jeff
Platt, Taco Bueno, (Case No. PDAMD-06-022).
b. Consider an amendment to Town Ordinance No. 95-20, the same being
PD-13, The Village at Trophy Club, to approve a Site Plan and related
modifications for Tract 3, Applicant: Jeff Platt, Taco Bueno, (Case No. SP-
06-005).
(kcf)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.D.2
Discuss and take appropriate action relative to C.2:
a. An amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-
25, Trophy Wood Business Center, to increase the boundaries of PD-25;
and by amending Exhibit "C", entitled "Development Standards"
subsection A(1)(a) to increase the size of Tract 4 from approximately 1.5
acres to approximately 1.6 acres; and by increasing the size of Tract 5 from
approximately 2.0 acres to approximately 2.801 acres, Applicant: David
Johnston, Quanah Hospitality Partners, LP, (PDAMD-06-023).
b. An amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-
25, Trophy Wood Business Center for Concept Plan approval of Tract 5,
Applicant: David Johnston, Quanah Hospitality Partners, LP, (CP-06-002).
c. A Replat of Lots 1 and 2 in Block B of the Trophy Wood Business Center,
Applicant: David Johnston, Quanah Hospitality Partners, LP, (RP-06-005).
(kcf)
92
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.D.3
Discuss and take appropriate action relative to a request for zone change
from R-12 Single Family Residential to CR - Commercial Recreation for an
approximate 4.038 acre tract of land located generally to the East and to the
South of the Municipal Utility District Wastewater Treatment Plant Facility,
and being part of the Mary Medlin Survey, A-832, Applicant: Beck
Properties. (ZCA-06-010)
Existing Condition of the Property: The property is currently zoned R-12 Single
Family Residential and abuts the Treatment Plan on the plant’s southern boundary, and
abuts the golf course to the south.
Staff Comments: Beck Properties received a zone change on the 1.751-acre tract of
land east of the Wastewater Treatment Plant back in March of this year. Since that
time, they have opted to add additional acreage so that the entire tract will abut the golf
course property.
Scott Beck will be present to address the Town Council.
(kcf)
93
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006 – __ P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE
SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND
AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY
CHANGING THE ZONING ON A CERTAIN TRACT OF LAND
DESCRIBED AS A 4.038 ACRE TRACT OF LAND, LOCATED
GENERALLY TO THE EAST AND THE SOUTH OF THE MUNICIPAL
UTILITY DISTRICT WASTEWATER TREATMENT PLANT FACILITY,
AND BEING PART OF THE MARY MEDLIN SURVEY, A-832 WITHIN
THE TOWN AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT “A”
ENTITLED “FIELD NOTES” AND EXHIBIT “B” ENTITLED “4.038
ACRES” A COPY OF WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN, FROM ITS ZONING DESIGNATION OF R-
12 SINGLE FAMILY RESIDENTIAL TO CR – COMMERCIAL
RECREATION; PROVIDING THAT SUCH TRACT OF LAND SHALL BE
USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE
COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER
APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE
ZONING MAP SHALL REFLECT THE CR ZONING FOR SUCH 4.038
ACRE TRACT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SAVINGS;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”),
is authorized and empowered by law, in accordance with Chapter 212 of the Texas
Local Government Code, to regulate the subdivision of land and property development
within the Town;
WHEREAS, on April 17, 2006, the Town Council adopted Ordinance No. 2006-
07 P&Z, changing the zoning on a tract of land (the “Land”), described as a 1.767 acre
tract previously zoned R-12 Single Family Residential, to CR Commercial Recreation,
said tract being located to the generally to the east of the Municipal Utility District
Wastewater Treatment Plant facility and south of the Town’s northeastern city limit; and
WHEREAS, since the adoption of Town Ordinance No. 2006-07 P&Z, the
developer sought to increase the size of the tract of land to 4.038 acres, and filed an
application with the Town Planning & Zoning Commission requesting a change in
94
zoning of the Land into “CR” Commercial Recreation, and an amendment to the official
Zoning Map of the Town, more specifically described in Exhibit “A”, attached hereto and
incorporated herein; and
WHEREAS, all legal notices, requirements and conditions having been complied
with, the case to rezone the Land came before the Planning and Zoning Commission;
and
WHEREAS, after public notices were given in compliance with State law and
public hearings were conducted, and after considering the information submitted at
those public hearings and all other relevant information and materials, the Planning and
Zoning Commission of the Town has recommended to the Town Council the adoption of
the amendments to Comprehensive Zoning Ordinance as set forth in this Ordinance;
and
WHEREAS, after complying with all legal notices, requirements, and conditions,
a public hearing was held before Town Council at which the Town Council considered,
among other things, the character of the land and its suitability for particular uses, with a
view of encouraging the most appropriate use of land in the Town, and does hereby find
that the rezoning approved hereby accomplishes such objectives;
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.
SECTION 2.
FINDINGS
After due deliberations and consideration of the recommendation of the Planning
and Zoning Commission and the information and other materials received at the public
hearing, the Town Council has concluded that the adoption of this Ordinance is in the
best interests of the Town of Trophy Club, Texas, and of the public health, safety and
welfare.
SECTION 3.
REZONING
Ordinance No. 2000-06 P&Z of the Town of Trophy Club, Texas, the same being
the Town's Comprehensive Zoning Ordinance, is hereby amended in the following
particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases
and words are not amended but are hereby ratified and affirmed:
95
A. The zoning on the Land, being a 4.038 acre tract of land described in
Exhibit “A” attached hereto and incorporated herein, heretofore zoned R-
12 Single Family Residential, is hereby changed to “CR” Commercial
Recreation, in accordance with the requirements of all applicable parts of
the Comprehensive Zoning Ordinance, and all other applicable
ordinances, rules and regulations of the Town.
SECTION 4.
ZONING MAP
The Planning and Zoning Coordinator is hereby directed to mark and indicate on
the official Zoning District Map of the Town the zoning change herein made.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
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.
SECTION 7.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved
as to any and all violations of the provisions of any other Ordinance affecting regulations
governing and regulating the zoning, platting, and subdivision of land which have
secured at the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such Ordinances same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
SECTION 9.
PENALTY
96
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, Penalty and Effective Date of this Ordinance as required by Section 52.011 of
the Texas Local Government Code.
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, Penalty 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.
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this 21st day of August, 2006.
Mayor
Town of Trophy Club, Texas
Effective
Date:
[SEAL]
ATTEST:
Town Secretary
97
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
98
99
100
101
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.D.4
Town Council to view a presentation on recommended major street
reconstruction projects, discuss and provide input regarding the
appropriate action of the issuance of remaining street bonds.
EXPLANATION:
After evaluating the Overall Condition Index (OCI) of the roads in Trophy Club, the staff
in conjunction with the Public Works Advisory Group and the Town’s engineer
recommends the sale of the remaining three million dollars in road bonds approved in
2002 to be used in two projects in the first year. The first project would include the
reconstruction of Trophy Club Drive from Century Court to Oakmont, Timberline from
Indian Creek to Greenleaf and Greenleaf from Timber Line to Timber Line. While there
are other roadways that may have a lower OCI, these roads were recommended based
on traffic volumes, visual inspections, ride well as their Overall Condition Index.
The cost projections were based on the last reconstruction project (Indian Creek &
Shields) with a 15% inflation rate.
Based on the rapid changes that occur in streets of this age, the locations for the use of
the remaining bonds would be determined as the first project nears completion.
(bg)
Attachments: 1. Cost Estimate
2. Project Map
3. Overall Condition Index for Eligible Roads
4. Language from Ordinance 2003-13, Proposition 2
102
2006 Bond Project Cost Estimate
Cost per mile Four Lane Divided with Collector with median* $3,007,036
Cost per mile two lane Residential* $1,396,588
Rate of Inflation 15%
* Includes Sub-drain Installation
Construction Street Segment Start Segment End Miles
Estimated
Cost
Street &
Drainage Trophy Club Drive Century Court Oakmont Drive 0.31 $1,072,008.40
Landscaping Trophy Club Drive Century Court Oakmont Drive 0.31 $155,250
Street &
Drainage Timberline Drive
Indian Creek
Drive
Greenleaf
Drive 0.09 $144,547
Street &
Drainage Greenleaf Drive Timberline Drive
Timberline
Drive 0.15 $240,911
$1,612,716.63
**Cost Estimate Excludes Engineering & Professional Services
103
Recommended Section of Trophy Club Drive
104
105
106
Recommended Sections of Greenleaf and Timberline Drives
107
108
109
110
Roadway Segments Eligible for Bond Reconstruction
Route Route Ahead Route Back
Predicted
OCI
Year
Built
Segment to
Reconstruct
Greenleaf Dr. Timberline Dr. Timberline Dr. 27.72 1980 Entire route
Avenue Twenty End Avenue Twenty No. Cir. 35.51 1980
Summit Cove North Split 36.12 1981
Oak Hill Dr. Hilltop Oak Hill Dr. 36.87 1977
Pin Oak Ct. End Trophy Wood Dr. 37.98 1978
Timberline Ct. End Indian Creek Dr. 38.20 1980 Entire route
Oak Hill Dr. Oak Hill Dr. Oak Village Ct. 38.95 1977
Trophy Club Dr. NB Wentworth Ct. Century Ct. 41.66 1976 Entire route
Timberline Dr. Indian Creek Dr. Greenleaf Dr. 43.50 1980 Entire route
Avenue Twenty Avenue Twenty No. Cir. Avenue Twenty So. Cir. 45.07 1980
Woodlands Ct. End Indian Creek Dr. 46.65 1978
Timberline Dr. Greenleaf Dr. Greenleaf Dr. 47.28 1980
Brook Hollow Ct. End Brook Hollow Ln. 47.59 1979
Indian Creek Dr. SB Crestwood Dr. Greenhill Tr. So. 48.79 1980 Entire route
Summit Cove Split 274' East 48.80 1981
Pebble Beach Dr. End Trophy Wood Dr. 48.95 1978
Avenue Twenty Avenue Twenty No. Cir. Avenue Twenty No. Cir. 48.99 1980
Oak Hill Dr. Oak Hill Dr. Hill Ln. 49.09 1977
Indian Creek Dr. SB Meadowbrook Ln. Crestwood Dr. 49.72 1980
Ross Ct. End Indian Creek Dr. 51.61 1977
Avenue Twenty No.
Cir.
Avenue Twenty Avenue Twenty 52.33
1980
Troon Ct. End Muirfield Ct. 52.48 1978
Trophy Club Dr. SB 1171' East Carnoustie Dr. 54.03 1976
Oak Hill Dr. Hill Ln. Hilltop 54.04 1977
Trophy Club Dr. NB Carnoustie Dr. Lee Ct. 54.54 1976
Troon Dr. Muirfield Ct. Indian Creek Dr. 54.83 1978
Indian Creek Dr. NB Edgemere Dr. Edgemere Dr. 54.86 1980
Trophy Club Dr. SB Meadow Creek Ct. Trophy Lake Dr. 55.31 1983
Indian Creek Dr. NB Greenhill Tr. Skyline Dr. 55.49 1980 Greenhill to Crestwood
Oak Hill Dr. Oak Village Ln. Trophy Club Dr. 55.67 1977
Brook Hollow Ln. Indian Creek Dr. Brook Hollow Ct. 56.59 1979
Trophy Club Dr. SB Carnoustie Dr. Brookfield Dr. 57.40 1976 Century to Brookfield
Trophy Club Dr. NB Lee Ct. Oak Hill Dr. 58.40 1976
Trophy Club Dr. SB Brookfield Dr. Oakmont Dr. 58.40 1976
Indian Creek Dr. SB Forest Hill Dr. Greenbriar Ct. 58.72 1976
Indian Creek Dr. SB Skyline Dr. Meadowbrook Ln. 59.08 1980
Muirfield Ct. Troon Dr. Begin 60.13 1978
Indian Creek Dr. NB Fair Green Dr. Fair Green Dr. 60.77 1985
Trophy Club Dr. NB Brookfield Ct. Wentworth Ct. 61.63 1976 Entire route
Indian Creek Dr. SB Creekmere Dr. Creekmere Dr. 62.24 1980
Indian Creek Dr. NB Fair Green Dr. Greenhill Tr. 63.08 1985
Indian Creek Dr. SB Creekmere Dr. Skyline Dr. 63.83 1980
Oak Hill Dr. Oak Village Ct. Oak Village Ln. 64.08 1977
Avenue Twenty Avenue Twenty So. Cir. Avenue Twenty So. Cir. 64.21 1980
Avenue Twenty So. Cir. Avenue Twenty Avenue Twenty 64.21 1980
Trophy Club Dr. SB Oakmont Dr. Meadow Creek Ct. 64.81 1983
Indian Creek Dr. NB End Fair Green Dr. 66.27 1985
Trophy Club Dr. NB Oakmont Dr. Biltmore Ct. 67.32 1976
Route Route Ahead Route Back Predicted Year Segment to
111
OCI Built Reconstruct
Greenleaf Dr. Timberline Dr. Meadow Brook Ln. 67.34 1980
Indian Creek Dr. NB St. Andrews Ct. 237' West 67.42 1976
Trophy Club Dr. SB Trophy Lake Dr. Durango Dr. 67.51 1997
Phoenix Dr. Shields Dr. Pebble Beach Dr. 68.16 1977
Indian Creek Dr. NB Turnbury Ct. Lake Forest Ct. 68.17 1976
Trophy Club Dr. NB Durango Dr. Riviera Ct. 68.90 1997
Indian Creek Dr. NB Glen Eagles Ct. Turnbury Ct. 68.92 1976
Indian Creek Dr. NB Lake Forest Ct. St. Andrews Ct. 69.67 1976
Indian Creek Dr. NB Skyline Dr. Edgemere Dr. 69.78 1980
Brook Hollow Ln. Brook Hollow Ct. Begin 70.57 1979
Indian Creek Dr. SB Troon Dr. Forest Hill Dr. 71.24 1976
Trophy Club Dr. NB Century Ct. Carnoustie Dr. 72.41 1976
Trophy Club Dr. NB Biltmore Ct. Brookfield Ct. 72.91 1976
Trophy Club Dr. NB Riviera Ct. Oakmont Dr. 72.91 1976
Indian Creek Dr. NB Heritage Ct. So. Glen Eagles Ct. 74.17 1976
Indian Creek Dr. SB Lake Forest Dr. Troon Dr. 74.24 1976
Indian Creek Dr. SB Crickett Ct. Hill Ct. 75.24 1976
Indian Creek Dr. SB Glendale Ct. Crickett Ct. 75.74 1976
Indian Creek Dr. NB Edgemere Dr. Creekmere Ct. 75.84 1980
Indian Creek Dr. SB Hill Ct. Heritage Ct. 76.24 1976
Indian Creek Dr. SB 491' West Lake Forest Dr. 76.76 1976
Indian Creek Dr. SB Greenbriar Ct. Glendale Ct. 78.82 1976
Indian Creek Dr. SB West Hillside Pl. Begin 79.24 1985
Indian Creek Dr. SB East Hillside Pl. West Hillside Pl. 80.02 1985
Indian Creek Dr. SB Greenhill Tr. So. East Hillside Pl. 80.02 1985
Trophy Club Dr. Meadow Ridge Dr. Durango Dr. 80.52 1997
Streets proposed for first year
Potential streets for second year
112
INTEROFFICE MEMORANDUM
TO: BRANDON EMMONS
FROM: ROGER UNGER
SUBJECT: BOND SALE COST
DATE: 8/16/2006
CC: TOWN COUNCIL
Primarily due to an increase in the cost for financial and legal review, we achieve economies of scale
selling the entire 3.26 million dollars in bonds at once. The additional cost to sell in increments of 1.76
and 1.5 million is $24,500. If the 3.26 million is sold, that additional $24,500 would be available to
perform additional street reconstruction.
Due to the timing of sale, there will be no tax rate increase needed in the 2006/2007 budget. The
increase needed for the 2007/2008 budget year would be 2.430 cents on a $1.76 million sale or 4.501
cents on a $3.26 million sale. For purposes of determining the needed tax rate, the current non-frozen
valuation of $606,110,000 was used. I anticipate that we will see an increase in our valuation again next
year, thus the tax rate increase should be slightly smaller than what I just indicated.
As further explanation, on the following pages you will find the cost of issuance for $1.5 million/1.76
million and $3.26 million bonds. The reason there is so much variance between the miscellaneous
amounts is that bonds must be sold in $5,000 increments. On the 1.5 million sale, the actual cost of sale
is $35,750 which means that we are short $750 for an additional $5,000 bond. We will wind up with the
miscellaneous amount actually being deposited in our account so we will have access to those funds.
There will actually be 300 bonds sold ($1,500,000/$5,000) but it will take the proceeds from 8 of the
$5,000 increments to pay closing costs with $4,250 left over to go into our construction fund. The same
thing applies to the $1.76 million sale and $3.26 million sale.
So, for purposes of comparing the cost of issuance, we need to take out the miscellaneous expense
which means that the $1.5 million cost of issuance is $35, 750 or, $23,833.33 per million dollars of debt
and the $1.76 million sale is $37,810 or $21,483 per million and the $3.260 million bond cost of issuance
is $49,338 or $15,134.36 per million dollars of debt. Another way to look at this is to look at the proceeds
available after the cost of issuance has been paid. If we sold a $1.5 million issue and later a $1.76
million issue, or vice versa, we will pay approximately $73,500 in issuance costs versus $49,000 in
issuance costs for the $3.26 million sale so we would have an additional $24,500 available for
construction if we sell all the remaining bonds at the same time.
Given the time frame we are working with, it would be all but impossible to sell these bonds prior to the
end of the current fiscal year. There is no provision in the law that would allow us to raise I&S taxes
based on an anticipated sale of bonds next year. Therefore, in order to avoid an increased debt service
payment in the 2006/2007 budget year, we cannot sell until after March 1st, 2007 (the tentative date for
sale is March 5th, 2007) which will then make the first payment due on March 1st, 2008 and we will be
able to adjust the I&S tax rate accordingly for the fiscal 2007/2008 budget.
113
TOWN OF TROPHY CLUB, TEXAS
$1,760,000
GENERAL OBLIGATION BONDS, SERIES 2006
ESTIMATED COST OF ISSUANCE
Estimated Cost of Issuance:
Financial Advisor 18,950
Bond Counsel (fee and expenses) 8,000 (Estimate)
Attorney General of Texas 1,760
JPMorgan Chase Bank
Paying Agent/Registrar Fee 300
Moody’s Bond Rating 5,300
Official Statement Printing Estimate 2,000
Electronic Posting/Distribution of POS 1,500
Miscellaneous 2,190
Total Estimated Cost $40,000
Net Cost $37,810
114
TOWN OF TROPHY CLUB, TEXAS
$1,500,000
GENERAL OBLIGATION BONDS, SERIES 2006
ESTIMATED COST OF ISSUANCE
Estimated Cost of Issuance:
Financial Advisor $17,650
Bond Counsel (fee and expenses) 7,500 (Estimate)
Attorney General of Texas 1,500
JPMorgan Chase Bank
Paying Agent/Registrar Fee 300
Moody’s Bond Rating 5,300
Official Statement Printing Estimate 2,000
Electronic Posting/Distribution of POS 1,500
Miscellaneous 4,250
Total Estimated Cost $40,000
115
TOWN OF TROPHY CLUB, TEXAS
$3,260,000
GENERAL OBLIGATION BONDS, SERIES 2006
ESTIMATED COST OF ISSUANCE
Estimated Cost of Issuance:
Financial Advisor $24,778
Bond Counsel (fee and expenses) 11,000 (Estimate)
Attorney General of Texas 3,260
JPMorgan Chase Bank
Paying Agent/Registrar Fee 300
Moody’s Bond Rating 6,500
Official Statement Printing Estimate 2,000
Electronic Posting/Distribution of POS 1,500
Miscellaneous 662
Total Estimated Cost $50,000
116
2000 Proposition Language
The following ballot language was set by Ordinance 2000-13. The election was held July 15, 2000 and
the following proposition passed.
PROPOSITION NO. 2
Shall the Town Council of said Town be authorized to issue the bonds of said Town, in one or
more series or issues, in the aggregate principal amount of $6,260,000, with the bonds of each
such series or issue, respectively, to mature serially within not to exceed 40 years from their date,
and to be sold at such prices and bear interest at such rates as shall be determined within the
discretion of the Town Council, for the purpose of constructing and improving the Town’s streets,
and shall said Town Council be authorized to levy and cause to be assessed and collected annual
ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a
sinking fund to pay said bonds at maturity?
Proposition passed:
For 918
Against 739
117
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.D.5
Discuss and take appropriate action regarding the award / rejection of a
proposal for banking depository services and authorization to staff to
complete contract documents for subsequent Council approval.
EXPLANATION:
The Town advertised, received and opened completive sealed bids/proposals for
Banking Service Depository Services for the Town and received only one bid, from First
Financial Bank.
The response from First Financial Bank for the Request for Depository Proposals has
been reviewed. They have complied with all items included in the RFP.
RECOMMENDATION:
Staff recommends acceptance of the response from First Financial Bank.
ACTION BY COUNCIL:
(rau)
Attachments: 1. Recap of the responses from First Financial Bank.
118
TROPHY CLUB ENTITIES
Recap of RFP responses
First Financial Bank was the only responder
Highlights of the response:
Amount of paid-up capital stock $32,860,221
Fee schedule No fees will be charged for any services
Line of Credit for Town $200,000 line, no fees or set upcosts
& Master District
Direct deposit for employees Free checking to all Employees
No min balance
Preferred loan rates
Free check card & online banking
Interest on checking accounts Paid at the rate of Bank’s daily Fed Fund
minus 1.5%
Financing of Equipment Equivalent to municipal bond with the same
terms.
Overdraft provisions Checks not returned/no fees or interest for
the first 5 days. If longer the rate will be the
same as the amount we would earn with a
positive balance.
119
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.D.6
Discuss and take appropriate action regarding an Ordinance approving the
financing of a new police vehicle.
EXPLANATION:
The following are proposals from 4 financing institutions for the $41,000 Loan for a Police Vehicle & 10
Computers.
BancorpSouth 4.29 % Annual Pmt of $14,255.92 Total of 3 pmts $42,767.76
Governmental Capital 4.33% Annual Pmt of $14,813.36 Total of 3 pmts $44,440.08
CalFirst 4.41% Annual Pmt o $15,060.53 Total of 3 pmts $45,181.59
First Financial 4.75% Did not provide annual pmts just a % quote
All of the quotes are obviously contingent upon the date the equipment is actually obtained.
RECOMMENDATION:
ACTION BY COUNCIL:
(rau)
Attachments: 1.Ordinance
120
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AUTHORIZING AND APPROVING THE
TERMS AND CONDITIONS OF A NOTE AS WELL AS THE SPECIFIED
LENDER FOR THE PURCHASE OF A 2007 POLICE VEHICLE AND
TEN (10) REPLACEMENT COMPUTERS WITH AN AGGREGATE
TOTAL NOT TO EXCEED FORTY ONE THOUSAND DOLLARS
($41,000) PAYABLE ANNUALLY COMMENCING IN FISCAL 2007 AND
BEING RETIRED IN FISCAL 2009; AUTHORIZING THE TOWN
MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY
DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club is a Home Rule
municipality created under the Constitution of the State of Texas; and
WHEREAS, It has been the practice of the Town to annually replace one police
patrol vehicle and the need for a replacement vehicle does exist; and
WHEREAS, A need for ten (10) replacement desktop computers has been
identified by the IT department and the lease terms from the manufacturer were not
satisfactory; and
WHEREAS, The Town Council has historically utilized short term debt financing
to purchase needed equipment in order to spread the cost of equipment over the useful
life of the equipment and provisions have been made in next years budget as well as
the out year budgets for payment of this debt; and
WHEREAS, Several lenders were asked to provide and did provide terms for this
financing and BancorpSouth proposed the best terms for this type of financing;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1. All of the above premises are found to be true and correct and are
hereby affirmed and adopted as findings by the Town Council of the Town of Trophy
Club.
Section 2. The Town Council hereby approves the terms of this Ordinance,
finds the expenditures and the proposed funding to be necessary and prudent under the
current circumstances, authorizes the purchase and financing of the above referenced
equipment, and accepts the proposal as put forth by BancorpSouth.
121
Section 3. The Town Manager is hereby authorized to purchase the needed
equipment and to execute the appropriate documents with BancorpSouth for the
financing of the amount due for the equipment.
Section 4. This Ordinance is hereby approved and shall become effective
immediately upon its passage.
DULY PASSED AND APPROVED this the 21st day of August, 2006.
____________________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
___________________________
Town Attorney
Town of Trophy Club, Texas
122
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.D.7
Council to discuss and provide input regarding the procedures by which
Council will move forward on Vision 2010.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
123
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.D.8
Discuss the procedures and provide direction for moving forward on future
charter amendments and a Charter Commission.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
124
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.D.9
Discuss and take appropriate action to approve financials dated July 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
125
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.D.10
Discuss and take appropriate action regarding an Ordinance regulating the
Town's Records Management Program and designating a Records
Management Officer.
EXPLANATION:
Suggested language for motion by Council: “Motion to approve an Ordinance regulating
the Town’s Records Management Program and designating the office of Computer
Support Specialist as the Records Management Officer for the Town as provided in the
ordinance.”
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Ordinance
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-__
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
REPEALING TOWN ORDINANCE NO. 90-11 ESTABLISHING A
RECORDS MAINTENANCE PROGRAM AND ADOPTING A NEW
ORDINANCE BY AMENDING THE CODE OF ORDINANCES OF THE
TOWN, TO ADD ARTICLE XIV, ENTITLED “RECORDS
MANAGEMENT”, SECTION 14.01 THROUGH SECTION 14.10 TO
CHAPTER 1, ENTITLED “ADMINISTRATION”, DESIGNATING THE
OFFICE OF COMPUTER SUPPORT SPECIALIST AND SUCCESSIVE
HOLDERS AND DESIGNEES OF THAT OFFICE AS THE RECORDS
MANAGEMENT OFFICER FOR THE TOWN; REQUIRING THE
DEVELOPMENT OF A RECORDS MANAGEMENT PLAN UNDER THE
DIRECTION OF THE TOWN MANAGER; AND REQUIRING
SUBMISSION OF THE PLAN TO THE TOWN COUNCIL FOR
APPROVAL; SPECIFYING DUTIES OF THE RECORDS MANAGEMENT
OFFICER AND OTHER REGULATIONS RELATED TO THE
MAINTENANCE, DESTRUCTION, AND STORAGE OF RECORDS;
PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING
A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a home rule municipality organized
under the Constitution and the laws of the State of Texas; and
WHEREAS, the Town Council as the governing body of the Town is charged with
establishing and maintaining a program for the efficient and economical management of
all local government records; and
WHEREAS, the Town Council is required to cause policies and procedures to be
developed for the administration of a records management program under the direction
of a Records Management Officer; and
WHEREAS, Chapter 203 of the Texas Local Government Code establishes
duties of the Records Management Officer and requires the Town Council to prescribe
rules and procedures for the establishment and operation of the records management
program; and
WHEREAS, the Town Council has determined that the Office of Computer
Support Specialist shall serve as the Records Management Officer and a records
management plan for the Town of Trophy Club shall be developed under the direction of
the Town Manager; and
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WHEREAS, the Town Council determines that the repeal of Ordinance NO. 90-
11 and the adoption of this Article and its inclusion into the Code of Ordinances serves
the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Article XIV entitled, “Records Management” of Chapter 1, entitled
“Administration” of the Code of Ordinances of the Town of Trophy Club, Texas, is
hereby amended to add Section 14.01 through Section 14.10, so that Section 14.01
through Section 14.10 reads as follows:
Section 14.01 Policy
A. It is hereby declared to be the policy of the Town of Trophy Club to provide for
efficient, economical, and effective controls over the creation, distribution,
organization, maintenance, use, and disposition or all municipal records through a
comprehensive system of integrated procedures for the management of records
from their creation to their ultimate disposition, consistent with the requirements of
the Texas Local Government Records Act and accepted Records Management
Practice.
Section 14.02 Definitions
A. Commission: The Texas State Library and Archives Commission.
B. Custodian of Records: The appointed public officer(s) who by ordinance or
administrative policy is in charge of an office that creates or receives local
government records.
C. Custodian of Records: The appointed public officer(s) who by ordinance or
administrative policy is in charge of an office that creates or receives local
government records.
D. Director and Librarian: The executive and administrative officer of the Texas State
Library and Archives Commission.
E. Essential Record: Any local government record of the Town of Trophy Club
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necessary to the resumption or continuation of operations of the Town of Trophy
Club in an emergency or disaster, to the re-creation of the legal and financial
status of the Town, or to the protection and fulfillment of obligations to the people
of the state.
F. Local Government Record: Any documents, papers, letters, books, maps,
photographs, sound or video recordings, microfilm, magnet tape, electronic media,
or other information recordings media, regardless of physical form or characteristic
and regardless of whether public access to it is open or restricted under the laws
of the state, created or received by Town of Trophy Club or any of its officers or
employees pursuant to law or in the transaction of public business are hereby
declared to be the records of the Town of Trophy Club and shall be created,
maintained, and disposed of in accordance with the provisions of this ordinance or
procedures authorized by it and in no other manner. The term does not include:
1. Extra identical copies of documents created only for convenience of
reference or research by officers or employees of the Town;
2. Notes, Journals, diaries, and similar documents created by an officer or
employee of the Town for the officers’ or employee’s personal convenience;
3. Blank forms;
4. Stocks of publications;
5. Library and museum materials acquired solely for the purposes of reference
or display;
6. Copies of documents in any media furnished to members of the public to
which they are entitled under Chapter 552, Government Code, or other state
law; or
7. Any records, correspondence, notes, memoranda, or documents, other than
a final written agreement described by Section 2009.054(c), Government
Code, associated with a matter conducted under an alternative dispute
resolution procedure in which personnel of a state department or institution,
local government, special district, or other political subdivision of the state
participated as a party, facilitated as an impartial third party, or facilitated as
the administrator of a dispute resolution system or organization.
G. Permanent Records: Or “Record of Permanent Value” means any record of the
Town of Trophy Club for which the retention period on a records retention
schedule issued by the Texas State Library and Archives Commission is given as
permanent.
H. Records Control Schedule: A document prepared by or under the authority of the
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Records Management Officer listing the records maintained by the Town of
Trophy Club, their retention periods, and other records disposition information that
the Town’s records management program may require.
I. Records Management: The application of management techniques to the
creation, use, maintenance, retention, preservation, and disposal of records for the
purposes of reducing the costs and improving the efficiency of recordkeeping.
The term includes the development of Records Control Schedules, the
management of filing and information retrieval systems, the protection of essential
and permanent records, the economical and space-effective storage of inactive
records, control over the creation and distribution of forms, reports, and
correspondence, and the management of micrographics and electronic and other
records storage systems.
J. Records Liaison Officers: The persons designated by the Town Manager to
interface with Town departments and the public and to perform such other duties
as assigned.
K. Records Management Officer: The person or position designated in this
Ordinance as the records management officer and his or her successor.
L. Records Management Plan means the plan developed under Section 7 of this
Ordinance.
M. Records Retention Schedule” means a document issued by the Texas State
Library and Archives Commission under authority of the Texas Government Code,
as amended, establishing mandatory retention periods for local government
records.
N. Retention Period: The minimum time that must pass after the creation, recording,
or receipt of a record, or fulfillment of certain actions associated with a record,
before it is eligible for destruction.
Section 14.03 Municipal Records Declared Public Property
A. All municipal records as defined in this Ordinance are hereby declared to be the
property of the Town of Trophy Club. No municipal official or employee has, by
virtue of his or her position, any personal or property right to such records even
through he or she may have developed or compiled them. The unauthorized
destruction, removal from files, or use of such records is prohibited.
Section 14.04 Designation of Records Management Officer
A. The office of Computer Support Specialist of the Town, and successive holders
and designees of said office, shall serve as Records Management Officer for the
Town of Trophy Club. As provided by state law, each successive holder of the
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office shall file his or her name with the director and librarian of the Texas State
Library within thirty days of the initial designation or of taking up the office, as
applicable. The Town Council designation of the name, office, or position of the
Records Management Officer shall be entered into the minutes of the Town
Council meeting at which such designation is made.
Section 14.05 Records Management Plan to be Developed; Approval of Plan;
Authority of Plan
A. The Records Management Officer under the direction of the Town Manager shall
develop a Records Management Plan for the Town of Trophy Club for submission
to and approval by the Town Council. The plan shall be adopted by ordinance
and must provide methods and procedures to enable the Town Council, Custodian
of Records, and Records Management Officer to fulfill the duties and
responsibilities set out in the Texas Local Government Code, Sections 203.021,
203.022, and 203.023, as amended, concerning the management and
preservation of records. A copy of the ordinance shall be filed by the Records
Management Officer with the Director and Librarian within 30 days after the date
of its adoption. The plan shall also contain policies and procedures designed to
reduce the costs and improve the efficiency of recordkeeping, to adequately
protect the essential records of the municipality, and to properly preserve those
records of the municipality that are of historical value. The plan must be designed
to enable the Records Management Officer to carry out his or her duties
prescribed by state law and this ordinance effectively.
B. Once approved by the Town Council, the Records Management Plan shall be
binding on all offices, departments, divisions, programs, commissions, bureaus,
boards, committees, or similar entities of the Town of Trophy Club and records
shall be created, maintained, stored, microfilmed.
C. State law relating to the duties, other responsibilities, or recordkeeping
requirements of a Custodian of Records does not exempt him or her or the
records in his or her care from the application of this ordinance and the Records
Management Plan adopted under it, nor may it be used by the Custodian of
Records as a basis for refusal to participate in the Records Management Program
of the Town of Trophy Club.
Section 14.06 Duties of Records Management Officer
A. In addition to other duties assigned in this ordinance and state law, the Records
Management Officer shall:
1. Assist in establishing and developing policies and procedures for a Records
Management Program; and
2. Administer the Records Management Program and provide assistance to
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Town Staff for the purposes of reducing the costs and improving the
efficiency of recordkeeping; and
3. In cooperation with the Custodian of Records shall:
a. Prepare and file the records control schedules and amended schedules
required by Section 203.041 and the list of obsolete records as provided
by Section 203.044 as amended, of the Texas Local Government Code;
and
b. Prepare or direct the preparation of requests for authorization to destroy
records not on an approved control schedule as provided by this
Ordinance; and
c. Identify and take adequate steps to preserve local government records
that are of permanent value; and
d. Identify and take adequate steps to protect essential local government
records;
e. Ensure that the maintenance, preservation, microfilming, destruction, or
other disposition of records is carried out in accordance with the policies
and procedures of the Town’s Record Management Program and the
requirements of state law, including rules and policies adopted under
that Program; and
f. Disseminate to the Town Council and Custodians of Records
information concerning state laws, administrative rules, and the policies
of the Town relating to Town records; and
g. Establish procedures to ensure that the handling of records in any
context of the records management program by the Records
Management Office or those under the officer’s authority is carried out
with due regard for:
i. The duties and responsibilities of Custodians that may be imposed
by law; and
ii. The confidentiality of information in records to which access is
restricted by law.
Section 14.07 Records Control Schedules to be Developed; Approval; Filing with
State
A. The Records Management Officer, acting under the direction of the Town
Manager, shall prepare Records Control Schedules on a department by
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department basis listing all records created or received by the department and the
retention period for each record. Records control schedules shall also contain
such other information regarding the disposition of municipal records as the
Records Management Plan may require.
B. Each Records Control Schedule shall be monitored and amended as needed by
the Records Management Officer on a regular basis to ensure that it is in
compliance with records retention schedules issued by the state and that it
continues to reflect the recordkeeping procedures and needs of the department
and the Records Management Program of the Town of Trophy Club.
C. Before its adoption a Records Control Schedule or amended schedule for a
department must be approved by the Town Manager.
D. Before its adoption a Records Control Schedule must be submitted and accepted
for filing by the director and librarian as provided by state law. If a schedule is not
accepted for filing, the schedule shall be amended to make it acceptable for filing.
The Records Management Officer shall submit the Records Control Schedules to
the director and librarian.
Section
14.07
Implementation of Records Control Schedules; Destruction of
Records Under Schedule
A. A Records Control Schedule for a department that has been approved and
implemented in accordance with the policies and procedures of the Records
Management Plan.
B. A record whose retention period has expired on a Records Control Schedule shall
be destroyed unless an open records request is pending on the record, the subject
matter of the record is pertinent to a pending lawsuit, or a department head
requests in writing to the Records Management Committee that the record be
retained for an additional period.
C. Prior to the destruction of a record under an approved Records Control Schedule,
authorization for the destruction must be obtained by the Records Management
Officer from the Town Manager.
Section 14.08 Destruction of Unscheduled Records
A. A record that has not yet been listed on an approved Records Control Schedule
may be destroyed if its destruction has been approved in the same manner as a
record destroyed under an approved schedule and the Records Management
Officer has submitted to and received back from the director and librarian an
approved destruction authorization request.
Section 14.09 Records Center
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A. A records center, developed pursuant to the plan required by this Article shall be
under the direct control and supervision of the Records Management Officer.
Policies and procedures regulating the operations and use of the records center
shall be contained in the Records Management Plan developed hereunder.
Section 14.10 Alternative Storage Methods
A. All electronic, digital or other storage of records authorized under the Records
Management Plan shall be centralized and under the direct supervision of the
Records Management Officer. The Records Management Plan shall establish
policies and procedures for the storage of municipal records, including policies to
ensure that any alternative storage method is utilized in accordance with
standards and procedures for the local government records established in rules of
the Texas State Library and Archives Commission. The plan shall also establish
criteria for determining the eligibility of records for alternative storage methods and
protocols for exempting records from the centralized process; provided however,
that exempted records are still subject to periodic review by the Records
Management Officer as to cost-effectiveness, administrative efficiency, and
compliance with commission rules
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting Records Management and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are in
direct conflict with the provisions of this Ordinance; whether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect. Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
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The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town and by amending the Code of Ordinances to reflect
the changes adopted herein by Council.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 21st day of August, 2006.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Town Attorney
Town of Trophy Club, Texas
135
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.D.11
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. List
136
9/11/06
Public Hearing: Town Council to conduct a public hearing regarding the Budget and proposed tax rate for
fiscal year October 1, 2005 to September 30, 2006.
Discuss and make appointments to the Town’s Boards and Commissions.
Long term capital project list, projected fiscal impact and surveys for resident input on potential projects.
Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek]
9/18/06
Formal report by the Park Board as to their progress since being created and their plans.
Discuss and take appropriate action regarding a Resolution approving the tax roll of the Denton Central
Appraisal District for 2006.
Discuss and take appropriate action regarding an Ordinance adopting and approving the Budget for the
fiscal year beginning October 1, 2006, and ending September 30, 2007.
Discuss and take appropriate action regarding an Ordinance fixing and levying Municipal Ad
Valorem Taxes for the fiscal year beginning October 1, 2006, and ending September 30, 2007.
Discuss and take appropriate action regarding an Ordinance on Building Standards.
Discuss and take appropriate action relative to an Ordinance amending Chapter 10 entitled,
"Public Safety", Article II, entitled "Traffic and Vehicles", of the Code of Ordinances, by amending
Sections 2.05 entitled, "Parking", Subsection B.
Items for Future Agendas – Dates to be Determined
Discuss and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of
improvements for area to create a linear park.
Payment Agreements with Master District for municipal annex.
Discuss and take appropriate action relative to an Ordinance amending Article IV, "Sign Regulations",
Chapter 5 of the Code of Ordinances, entitled "General Land Use", by amending Sections 4.05. (relative
to political signs and quantity per commercial lot.)
Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance establishing
the Town's Emergency Management System.
Consideration of enactment of Hotel/Motel Tax.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.D.12
Consent Agenda: Discuss and take appropriate action regarding an
ordinance amendment to Chapter 10, entitled "Public Safety" of the Trophy
Club Code of Ordinances, by adding Article XII, entitled "Registered Sex
Offenders", prohibiting designated persons from residing within 1,000 feet
of premises where children gather.
EXPLANATION:
This item was discussed at the August 7, 2006 Council meeting, and staff was directed
to finalize the ordinance and present it at the August 21, 2006 meeting for action by
Council. Staff commissioned the development of the attached map to clearly identify
the areas where residency would be restricted under the terms of this Ordinance. The
map is incorporated as Exhibit “A” and will be available to the public at the Trophy Club
Police Department. The map must be updated at least annually.
The only changes that have been made since the August 7, 2006 agenda are the
addition of definitions and the inclusion of the map. The remainder of the Ordinance
remains the same.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Ordinance
2. Map ‘Exhibit A’
138
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN BY ADDING
A NEW ARTICLE XII, ENTITLED “REGISTERED SEX OFFENDERS”,
TO CHAPTER 10 “PUBLIC SAFETY”, TO PROHIBIT CERTAIN
DESIGNATED PERSONS FROM RESIDING WITHIN 1,000 FEET OF
PREMISES WHERE CHILDREN GATHER; PROVIDING DEFINITIONS;
PROVIDING OFFENSES; PROVIDING EVIDENTIARY MATTERS AND
MEASUREMENTS. PROVIDING THAT A CULPABLE MENTAL STATE
IS NOT REQUIRED FOR COMMITTING AN OFFENSE; PROVIDING
AFFIRMATIVE DEFENSES; PROVIDING 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 SAVINGS AND
REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the town of Trophy Club is a home rule municipal corporation
organized under the Constitution and the laws of the State of Texas; and
WHEREAS, the Town Council has the authority to enact ordinances that it
determines are necessary to protect the public health, safety and welfare; and
WHEREAS, the Town Council of the Town of Trophy Club finds, determines and
declares that sex offenders are a serious threat to public safety; and
WHEREAS, the Town Council determines that the recidivism rate for released
sex offenders is alarmingly high, especially for those who commit crimes against
children; and,
WHEREAS, the Town Council determines that establishing regulations on
property available for use as a residence by sex offenders will provide better protection
for children gathering in the Town; and
WHEREAS, Article 42.12, Section 13B(a), of the Texas Code of Criminal
Procedure provides a 1,000 foot safety zone for children as a condition of community
supervision and probation for those convicted of certain sex-related offenses, and the
City Council finds and determines that this legislative and judicial directive is fair and
appropriate; and
WHEREAS, in order to clearly identify those areas within the Town which are not
available for residence by registered sex offenders, the Town Council has determined it
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appropriate and prudent to approve and annually review a map that clearly depicting the
areas where such residency is not allowed, and such map is approved with the adoption
of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
A new Article XII, Section 12.01 entitled “Registered Sex Offenders”, of Chapter
10 of the Code of Ordinances of the Town of Trophy Club, Texas, as follows is hereby
adopted:
“ARTICLE XII. REGISTERED SEX OFFENDERS
Sec. 12.01 Definitions.
For the purposes of this article, the following terms, words, and the derivations
thereof shall have the meanings given herein:
Day Care Facility or Day Care Center: an establishment where more than 3
unrelated children under the age of fourteen (14) are left for care, training,
education, custody, or supervision during the day or any portion thereof. The
term does not include overnight lodging, medical treatment, counseling or
rehabilitative services and does not apply to any school, public or private, as
herein defined.
Database: the Texas Department of Public Safety’s Sex Offender Database.
Minor: a person younger than seventeen (17) years of age.
Public Park: any premises designated by the Town as parkland that is not
on the premises of a school, that is intended for recreation, and that is open to
the public.
Permanent Residence: a place where a person abides, lodges, or resides
for fourteen (14) or more consecutive days.
Playground: any outdoor facility that is not on the premises of a school and
that is intended for recreation, is open to the public, and contains three or more
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separate apparatus intended for the recreation of children, such as slides, swing
sets, and teeterboards.
Premises: real property and all buildings and appurtenances pertaining to
the real property.
School: a private or public elementary or secondary school.
Swimming Pool: any structure intended or used by the public for
swimming or recreational bathing, regardless of size, and including in-ground,
aboveground and on-ground swimming pools. The term shall not include
swimming or bathing facilities located on private residential property which is not
open for use by the public or swimming or bathing facilities located within an
apartment or other multi-family housing complex.
Temporary Residence: a place where a person abides, lodges, or resides
for a period of 14 or more days in the aggregate during any calendar year and
which is not the person’s permanent residence, or a place where a person
routinely abides, resides, or lodges for a period of 4 or more consecutive days or
nonconsecutive days in any month and which is not the person’s permanent
residence.
Video Arcade Facility: any facility that is open to the public, including
persons who are 17 years of age or younger, is intended primarily for the use of
pinball, video, or computer games and contains at least three pinball or video
machines or computers for gaming uses.
Public or Private Youth Center: any recreational facility or gymnasium that
is intended primarily for use by persons who are 17 years of age or younger and
regularly provides athletic, civic, or cultural activities, whether publicly or privately
owned or operated.
Sec. 12.02 Offenses.
For each person required to register on the Texas Department of Public
Safety’s Sex Offender Database (the “Database”) because of a violation involving
a victim who was a minor, it is unlawful for that person to establish a permanent
residence or temporary residence in the City within 1,000 feet of any premises
where children commonly gather, including a public or private school, day-care
facility, public park, playground, public or private youth center, public swimming
pool, or video arcade facility. For the purposes of this article, planted street
medians shall not be considered public parks.
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Sec. 12.03 Evidentiary matters; measurements.
(a) It shall be prima facie evidence that this article applies to a person if that
person’s record, or records pertaining to that person, appears on the Database
and the Database indicates that the victim was a minor.
(b) For the purposes of determining the minimum distance separation, the
1,000-foot requirement shall be measured by following a straight line from the
outer property line of the permanent or temporary residence to the nearest
property line of the premises where children commonly gather, or, in the case of
multiple residences on one property, measuring from the nearest property line of
the property where the multiple residences are situated to the nearest property
line of the premises where children commonly gather.
(c) A map depicting the prohibited areas identified pursuant to the terms of this
Article and as approved by the Town Council shall be maintained by the Town of
Trophy Club. The Town shall review the map at least annually for changes. The
map will be available to the public at the Trophy Club Police Department. A copy
of the approved map is hereby incorporated into this Ordinance by reference as
Exhibit “A” and such map may be amended from time to time through Council
approval.
Sec. 12.04 Culpable mental state not required.
Neither allegation nor evidence of a culpable mental state is required for the
proof of an offense defined by this article, and any offense shall be considered a
strict liability offense.
Sec. 12.05 Affirmative defenses.
It is an affirmative defense to the prosecution of an offense under this
article that any of the following conditions apply:
(1) The person required to register on the Database established his/her
permanent or temporary residence in the Town prior to the effective date of
this article, and has complied with all sex offender registration laws of the
State of Texas.
(2) The person required to register on the Database is a minor, or was a
minor when he/she committed the offense requiring such registration and
was not convicted as an adult.
(3) The premises where children commonly gather was opened or began
to be used as such after the person established the permanent or
temporary residence, and the person has complied with all sex offender
registration laws of the State of Texas.
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(4) The information in the Database pertaining to that person is incorrect
and, if corrected, this article would not apply to that person.
Sec. 12.06 Penalty.
Any person violating the provisions of this article shall, upon conviction, be
punished by a fine not to exceed the sum of five hundred dollars ($500.00) for
each offense; and each and every day such violation shall continue shall be
deemed to constitute a separate offense.”
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town
affecting the residency of registered sex offenders and shall not repeal any of the
provisions of such ordinances except in those instances where provisions of those
ordinances are in direct conflict with the provisions of this Ordinance; whether such
ordinances are codified or uncodified, and all other provisions of the Ordinances of the
Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any
complaint, action, cause of action or claim which prior to the effective date of this
Ordinance has been initiated or has arisen under or pursuant to such repealed
Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for
that purpose the Ordinance shall be deemed to remain and continue in full force and
effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town and by amending the Code of Ordinances to reflect
the changes adopted herein by Council.
.
SECTION 6.
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EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with
law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 21st day of August, 2006.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Town Attorney
Town of Trophy Club, Texas
144
145
Exhibit A
146
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.D.13
Consent Agenda: Discuss and take appropriate action regarding an
Ordinance amending Article VI, "Town Council Rules of Procedure", of
Chapter 1 of the Code of Ordinances, entitled “Administration”.
EXPLANATION:
Amendments to the Council Rules and Procedures were discussed at both the July 10,
2006 and the August 7, 2006 meetings. The proposed ordinance contains the changes
previously discussed, including the addition of a work session immediately preceding
the Council meeting.
RECOMMENDATION:
ACTION BY COUNCIL:
(paa)
Attachments: 1. Ordinance
147
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE 2006-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING ARTICLE VI, TOWN COUNCIL RULES
OF PROCEDURE OF CHAPTER 1 OF THE CODE OF
ORDINANCES BY AMENDING VARIOUS SUBSECTIONS
OF SECTION 6.01; PROVIDING FOR AN AMENDMENT
TO SUBSECTION “B (13)” “SUSPENSION OF RULES”;
AMENDING SUBSECTION “C(1)” “REGULAR
MEETINGS” TO CORRECT THE SCHEDULED START
TIME OF TOWN COUNCIL MEETINGS; AMENDING
SECTION “E” “ORDER OF BUSINESS” BY REVISING
SUBSECTIONS “(E)(1), (2), (4), (5) AND (6)” TO ALLOW
A WORK SESSION PRIOR TO COUNCIL MEETINGS, BY
ADDRESSING FUTURE AGENDA ITEMS RAISED BY
COUNCIL MEMBERS, BY CLARIFYING TIME
LIMITATIONS ON PUBLIC HEARINGS, BY ADDRESSING
PRESENTATIONS BY THE TOWN MANAGER AND
SEATING ARRANGEMENTS AT COUNCIL MEETINGS;
PROVIDING FOR AN AMENDMENT TO SUBSECTION
“H” PARLIAMENTARY MOTIONS AND PRECEDENCE TO
REQUIRE A MOTION AND SECOND IN ORDER TO OPEN
ITEMS FOR DISCUSSION; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council establishes rules and procedures to ensure that
its meetings are conducted in an orderly manner; and
WHEREAS, the Town Council has determined it to be in the best interest of the
Town and its residents to amend the Code of Ordinances by revising its Rules of
Procedure to correct start time and other rules and procedures in order to reflect current
Council practices; and
WHEREAS, the Town Council hereby finds that the amendment of paragraphs
C, E, and H of Section 6.01 of Article VI, Chapter 1, of the Code of Ordinances as
further specified herein serves the best interests of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
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That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
ADOPTION OF PROVISIONS
Article VI entitled, “Town Council Rules of Procedure” of Chapter 1, entitled
“Administration” of the Code of Ordinances of the Town of Trophy Club, Texas hereby
amended, so that the following sections are revised as follows:
Section B, “General Rules”, subsection 13 is hereby revised as follows:
“13. Suspension of Rules. Any provision of these rules may be temporarily
suspended by a two-thirds vote of all members of the Town Council in
attendance. The vote on any such suspension shall be taken by a show of
hands and entered into the record.”
Section C, “Types of Meetings”, subsection (1) is hereby revised as follows:
“1. Regular Meetings
The Town Council shall meet in the Council/Board Room at the
Municipal Utility District Building, 100 Municipal Drive, Trophy Club,
Texas on the first and third Monday of each month to be scheduled for
7:00 p.m. o’clock, unless otherwise officially changed by the Town
Council. At 11:00 p.m. a record vote shall be taken to determine if the
meeting shall continue past 11:00 p.m.”
Section E, “Order of Business” subsections (1), (2), (4), (5) and (6) are hereby revised
to read as follows:
“1. Agenda: The business of each meeting shall be as contained in the Agenda in
the order established by the Mayor. The Town Secretary shall prepare the
agenda. The agenda shall be a listing of topics to be considered by the Town
Council and delivered to members of the Town Council each Wednesday
preceding the Monday meeting to which it pertains. The agenda may provide
for a thirty (30) minute work session immediately preceding the commencement
of the Council meeting in order to allow Council discussion and questions
related to one or more of the items posted on the agenda.”
“2. Presentations by Members of Town Council – Future Agenda Items: The
agenda shall provide a time when the Mayor or any Town Council member may
bring before the Town Council any business that the Town Council member
believes should be deliberated upon by the Town Council at a future meeting of
the Town Council. These matters need not be specifically listed on the agenda,
but discussion and formal action on such matters shall be deferred until a
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subsequent Town Council meeting provided that the requirements of Chapter
551 Texas Government Code have been met.”
“4. Presentations by Citizens: Presentations by citizens, with or without prior
notification, shall be limited to a total of six minutes, with three minutes of time
allowed prior to Council discussion and three minutes of time allowed
subsequent to Council discussion but before the Chair calls for a vote. It is
within the discretion of the Chair to reasonably extend those limits. Citizens
must turn in a completed “Request to Speak” form to the Town Secretary.
Presentations by representative(s) of organized groups, with or without prior
notification, shall be limited to a total of six minutes, with three minutes of time
allowed prior to Council discussion and three minutes of time allowed
subsequent to Council discussion but before the Chair calls for a vote. It is
within the discretion of the Chair to reasonably extend those limits. A “Request
to Speak” form must be completed and turned in to the Town Secretary.
The foregoing rules and time limitation shall also apply to citizens appearing at
a public hearing being held by the Town Council pursuant to any official notice
thereof.
All citizens shall refrain from private conversations in the chamber while the
Town Council is in session.
Citizens attending Town Council meetings shall observe the same rules of
priority, decorum, and good conduct applicable to the administrative staff. Any
persons making personal, impertinent, or slanderous remarks, or who becomes
boisterous while addressing the Town Council or while attending the Town
Council meeting, shall be removed from the room if the Chief of Police (or his
representative) is so directed by the Mayor/Chairman, and such person shall be
barred from further audience before the Town Council during that session of the
Town Council.
Unauthorized remarks from the audience, stamping of feet, whistles, yells and
similar demonstrations shall not be permitted by the Mayor/Chairman, who shall
direct the Chief of Police to remove such offenders from the room.
In case the Chairman shall fail to act, any other of the Town Council may move
to require the Chair to enforce the rules, and the affirmative vote of a majority of
all members present of the Town Council shall require the presiding officer to
act.
No placards, banners or signs of any kind shall be permitted in the Council
Chamber unless exhibits, displays and visual aids are used in connection with
presentations to the Town Council, provided that such exhibits, displays and
visuals aids do not disrupt the meeting.”
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“5. Presentations by Town Manager: Matters requiring the Council’s attention
which may have developed since the deadline for delivery of the written
communication to the Council may be presented orally by the Town Manager
for informational purposes only in accordance with Chapter 551 Texas
Government Code.”
“6. Seating Arrangements: The Town Manager, Town Secretary, and Town
Attorney shall occupy the respective seats in the Council Chamber assigned to
them by the Chairman/Mayor, but any two (2) or more of the Town Council may
exchange seats.”
Section H, “Parliamentary Motions and Precedence” subsection (1) is hereby revised to
read as follows:
“1. Discussion of Items: Each agenda item shall be considered open for
discussion when a main motion to consider the item is properly made and
seconded. If a member wishes to challenge an agenda item on the basis
that the item is not a proper topic for Council discussion, such member
shall state that he or she “objects to the consideration of the question”.
This action does not require a second. When the objection is made, the
Chair shall immediately call the question: “Will the assembly consider
this question?” If 2/3 of the members vote “no”, the question cannot be
introduced. An objection to consideration of a question must be made
when the item is first introduced and before it has been debated. A
motion for appropriate action shall be made after discussion of an item
has been concluded.”
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town affecting
traffic control 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 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
its application 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
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such remaining portions of the Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town and by amending the Code of Ordinances to reflect
the changes adopted herein by Council.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and
publication as required by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this the 21st day of August, 2006.
_________________________________
Mayor, Town of Trophy Club, Texas
ATTEST:
_________________________________
Town Secretary,
Town of Trophy Club, Texas
APPROVED AS TO FORM:
_________________________________
Town Attorney,
Town of Trophy Club, Texas
152
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.D.14
Consent Agenda: Discuss and take appropriate action regarding an
amendment to Chapter 8, entitled "Nuisances" of the Trophy Club Code of
Ordinances, by amending Sections 4.01 – 4.05 of Article IV, entitled
"Abandoned and Junk Vehicles".
EXPLANATION:
Ordinance has been modified to reflect current state laws regarding abandoned and
junked vehicles.
RECOMMENDATION:
This item was discussed at the August 7, 2006 meeting and staff was directed to finalize
the ordinance for action at the August 21, 2006 meeting.
(bg)
Attachments: 1. Ordinance
153
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-__
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, BY
AMENDING ARTICLE IV, ENTITLED “JUNK VEHICLES”, SECTION
4.01 THROUGH SECTION 4.05 OF CHAPTER 8, ENTITLED
“NUISANCES” OF THE CODE OF ORDINANCES OF THE TOWN;
PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING AN
AMENDMENT TO ARTICLE IV, CHAPTER 8, SECTION 4; PROVIDING
A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED
DOLLARS ($200.00) AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town is a home rule municipality organized under the
Constitution and the laws of the State of Texas; and
WHEREAS, the Town is authorized by Chapter 683 of the Texas Transportation
Code to establish regulations and procedures for the abatement of abandoned and
junked vehicles; and
WHEREAS, the Town Council determines that the maintenance of abandoned
and junked vehicles on both public and private property located within the Town is a
hazard, creates blight, is detrimental to property values and is contrary to the general
health, safety and welfare of the public; and
WHEREAS, having determined that the regulation of abandoned and junked
vehicles is an appropriate and beneficial governmental function, Council hereby
determines that the adoption of this Ordinance serves the health, safety and welfare of
the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
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2.01 Article IV entitled, “Junk Vehicles” of Chapter 8, entitled “Nuisances” of the Code
of Ordinances of the Town of Trophy Club, Texas, is hereby amended, so that Section
4.01 through Section 4.05 reads as follows:
Section 4.01 Definitions
A. For the purposes of this Article, the following definitions apply, to wit:
1. Abandoned Motor Vehicle: A motor vehicle that is inoperable and more
than five (5) years old and left unattended on public property for more than
forty-eight (48) hours, or a motor vehicle that has remained illegally on public
property for a period of more than forty-eight (48) hours, or a motor vehicle
that has remained on private property without the consent of the owner of
person in control of the property for more than forty-eight (48) hours, or a
motor vehicle left unattended on the right-of-way of a designated county,
state or federal highway within the Town for more than forty-eight (48) hours,
or is abandoned as otherwise defined in state law.
2. Antique Auto: A passenger car or truck that is at least twenty-five (25) years
old.
3. Collector: The owner of one or more antique or special-interest vehicles, who
collects, purchases, acquires, trades or disposes of special interest or
antique vehicles or parts of them for personal use in order to restore,
preserve and maintain an antique or special interest vehicle for historic
interest.
4. Garagekeeper: An owner or operator of a motor vehicle storage facility or
establishment for the servicing, repair or maintenance of a motor vehicle.
5. Junked Vehicle: A vehicle that is self-propelled and:
a. That does not have lawfully affixed to it either an unexpired license
plate or a valid motor vehicle safety inspection certificate, and
b. That is wrecked, dismantled, and/or partially dismantled, or discarded;
or
c. That is inoperable for a continuous period of more than:
i. Seventy-two (72) consecutive hours, if the vehicle is on public
property or
ii. Thirty (30) consecutive days if the vehicle is on private property.
6. Motor Vehicle: Means a self-propelled vehicle, as defined by the Texas
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Transportation Code.
7. Police Department: The police department of the Town of Trophy Club.
8. Special Interest Vehicle: A motor vehicle of any age that has not been
altered or modified from original manufacturer’s specifications and, because
of its historic interest, is being preserved by hobbyists.
9. Storage Facility: A garage, parking lot, or any type of facility or establishment
for the servicing, repairing, storage or parking of motor vehicles.
10. Texas Transportation Code or Transportation Code: Any reference in this
Article to the Texas Transportation Code or Transportation Code shall
include future amendments and revisions to that Code.
11. Vehicle: Means a device that can be used to transport or draw persons or
property on a highway, as defined by the Texas Transportation Code.
Section 4.02 Abandoned Motor Vehicles
A. Authority to Take Possession
1. The police department may take into custody an abandoned motor vehicle
found on public or private property. The police department may employ its
own personnel, equipment and facilities, or when specifically authorized by
the Town Council, hire persons, equipment, and facilities to remove,
preserve and store an abandoned motor vehicle it takes into custody.
B. Notice
1. In the event the police department takes into custody an abandoned motor
vehicle, it shall notify not later than the tenth day after taking the motor
vehicle into custody, by certified mail, the last known registered owner of the
motor vehicle an all lienholders of record pursuant to Section 683.012 of the
Texas Transportation Code, that the vehicle has been taken into custody.
The notices shall describe the year, make, model and vehicle identification
number of the abandoned motor vehicle, set forth the location on the facility
where the motor vehicle, set forth the location of the facility where the motor
vehicle is being held, inform the owner and any lienholders of their right to
reclaim the motor vehicle not later than the twentieth day after the date of the
notice, on payment of all towing, preservation and storage charges resulting
from placing the vehicle in custody, or garagekeeper’s charges, if applicable
or other applicable delinquent administrative penalty costs. The notice shall
also state that the failure to reclaim the vehicle within the time provided
constitutes a waiver by the owner and lienholders of all right, title and
interest in the vehicle and their consent to the sale of the abandoned motor
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vehicle at a public auction.
2. If the identity of the last registered owner cannot be determined, if the
registration contains no address for the owner, or if it is impossible to
determine with reasonable certainty the identity and address of all
lienholders, notice by one publication in one newspaper of general
circulation in the Town is sufficient notice. The notice by publication may
contain multiple listings of abandoned vehicles, shall be published within the
time requirements prescribed for notice by certified mail, and shall have the
same contents required for a notice by certified mail.
C. Storage Fees: When the police department has taken custody of an abandoned
motor vehicle, the Town shall be entitled to reasonable storage fees for:
1. A period of not more than ten (10) days beginning on the day the department
takes custody and continuing through the day the department mails notice as
provided by this section; and
2. A period beginning on the day after the department mails notice and
continuing through the day any accrued charges are paid and the vehicle is
removed.
D. Sale of Other Disposition
1. If an abandoned motor vehicle has not been reclaimed as provided, the
police department may sell the abandoned motor vehicle at a public auction
or use the vehicle for agency purposes as allowed by §683.016. Such
auction shall be held as required by and in accordance with the provision of
Section 683.014 of the Texas Transportation Code. If the Police Department
elects to use the vehicle, the Lieutenant shall auction the vehicle in
accordance with Chapter 683 of the Transportation Code when the agency
discontinues use of the vehicle.
2. The disposition of abandoned motor vehicles left in storage facilities by
garagekeepers shall be in accordance with Sections 683.014 of the Texas
Transportation Code.
3. The disposition of abandoned motor vehicles to a demolisher and the duties
of a demolisher with regard thereto shall be in accordance with Section
683.014 of the Texas Transportation Code.
Section 4.03 Junked Vehicles
A. Declaration of Nuisances
1. A junked vehicle that is located in a place where it is visible from a public
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street or public right-of-way is detrimental to the safety and welfare of the
general public, tends to reduce the value of private property, invites
vandalism, creates fire hazards, constitutes an attractive nuisance, creating
a hazard to the health and safety of minors, and is detrimental to the
economic welfare of the Town by producing urban blight adverse to the
maintenance and continuing development of the Town, and is a public
nuisance.
2. A junked vehicle that is located in a place where it is visible only from private
property is detrimental to the safety and welfare of the general public, tends
to reduce the value of private property, invites vandalism, creates fire
hazards, constitutes an attractive nuisance creating a hazard to the health
and safety of minors, and is detrimental to the economic welfare of the Town
by producing urban blight adverse to the maintenance and continuing
development of the Town, and is a nuisance.
The provisions of Section 4.03(C) relating to abatement of nuisance shall not
be applicable to a junked vehicle visible only from private property. For
purposes of enforcement of this Subsection (2), a complaint may be filed in
the municipal court of the Town, and the Town may pursue any remedy it
may have, whether at law or in equity, to ensure compliance with this Article.
3. A person commits an offense if that person maintains such a public nuisance
or nuisance on property owned by him or under his control.
4. A person who commits an offense under this Section is, on conviction,
subject to a fine not to exceed Two Hundred Dollars ($200.00). On
conviction, the court shall order removal and abatement of the nuisance.
B. Abatement of Nuisance Notice
1. Found on Private Property
In the event a junked vehicle constituting a public nuisance is found on
private property, the Town shall notify the last known registered owner of the
junked vehicle, each lienholder of record and the owner or occupant of the
private property on which the public nuisance exists, in writing by certified
mail with a five (5) day return requested, which notice shall state the nature
of the public nuisance, that such public nuisance must be removed and
abated from such private property within ten (10) days, and that a request for
a hearing must be made before expiration of the ten (10) day period. If the
post office address of the last known registered owner of the vehicle is
unknown, notice to the last known registered owner may be placed on the
motor vehicle, or, if the last known registered owner is physically located, the
notice may be hand delivered. If the notice is returned undelivered by the
United States Post Office, official action to abate the nuisance shall be
continued to a date not less than eleven (11) days after the date of the
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return.
2. Found on Public Property
In the event a junked vehicle constituting a public nuisance is found on
public property, notice in writing must be mailed, by certified mail with a five
(5) day return requested, to the last known owner or occupant of the junked
motor vehicle, any lienholder of record and to the owner or occupant of the
public premises or to the owner or occupant of the public premises or to the
owner or occupant of the premises adjacent to the public right-of-way on
which the public nuisance exists, which shall state the nature of the public
nuisance on public property or on a public right-of-way, that the nuisance
must be removed and abated within ten (10) days, and that a request for a
hearing must be made before expiration of the ten (10) day period. If the
post office address of the last known registered owner of the motor vehicle is
unknown, notice to the last known registered owner may be placed on the
motor vehicle, or, if the last known registered owner is physically located, the
notice may be hand delivered. If the notice is returned undelivered by the
United States Post Office, official action to abate the nuisance shall be
continued to a date not less than eleven (11) days after the date of the
return.
C. Procedures to Abate Nuisance
1. Public Hearing
a. A public hearing shall be held before the municipal judge of the Town
before the removal of a vehicle or vehicle part constituting a public
nuisance if such a hearing is requested by the owner or occupant of
the private or public premises or by the owner or occupant of the
premises adjacent to the public right of way on which the vehicle is
located, within eleven (11) days after service of the notice to abate the
nuisance. At the hearing it is presumed, unless demonstrated
otherwise by the owner, that the vehicle is inoperable. If, after such
public hearing, the municipal judge determines that the vehicle or
vehicle part is a public nuisance as defined herein, he shall enter an
order requiring the removal of such vehicle or vehicle part and shall in
such order include a description of the vehicle and the correct
identification number and license number of the vehicle if the
information is available at the site.
b. If such a public hearing is not requested, the municipal judge shall
nevertheless conduct a public relative to the removal and abatement of
the nuisance. If, after such public hearing, the municipal judge
determines that the vehicle or vehicle part is a public nuisance as
defined herein, he shall enter an order as outlined in the immediately
159
preceding paragraph. In addition, the Town may file a complaint in a
appropriate court seeking injunctive relief and/or any other legal
remedy available to it.
2. In the event of removal of a junked vehicle as provided herein, notice shall
be given to the State Department of Highways and Public Transportation not
later than the fifth (5th) day after the date of removal. Such notice must
identify the vehicle or vehicle part.
3. Any junked vehicle constituting a nuisance hereunder, which is removed
from either private or public property, shall not be reconstructed or made
operable after removal.
4. The relocation of a junked vehicle that is a public nuisance to another
location within the Town after a proceeding for abatement and/or removal
has been commenced shall have no effect if the junked vehicle constitutes a
public nuisance at the new location.
D. Exceptions
The procedures of the Section shall not apply to a vehicle or vehicle part that is
completely enclosed within a building in a lawful manner where it is not visible
from the street or other public or private property, a vehicle or vehicle part that is
stored or parked in a lawful manner on private property in connection with the
business of a licensed vehicle dealer or junkyard, or an unlicensed, operable, or
inoperable antique or special interest vehicle stored by a collector on the
collector’s property, if the vehicle and the outdoor storage area are maintained in a
manner so that they do not constitute a health hazard and are screened from
ordinary public view by means of a fence, rapidly growing trees, shrubbery, or
other appropriate means.
E. Authority to Enforce
The Chief of Police, Town Building Official, Code Enforcement Officer or their
respective designees shall be and are hereby authorized to administer the terms
of this Article and such other persons may enter private property for the purposes
specified herein to examine a vehicle or vehicle part, obtain information as to the
identity of the vehicle, and remove or cause the removal of a vehicle or vehicle
part and shall be authorized to issue orders necessary to enforce the procedures
of this Subsection.
Section 4.04 Obstruction of Traffic
A. This Article shall not affect any law authorizing the immediate removal, as an
obstruction to traffic, of a vehicle left on public property.
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Section 4.05 Penalty
A. It shall be unlawful for any person to violate any provision of this Article, and any
person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not to exceed Two Hundred Dollars ($200.00) for each
offense, and a separate offense shall be deemed committed each day during or on
which a violation occurs or continues.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting Abandoned Vehicles and Junked Vehicles and shall not repeal any of the
provisions of such Ordinances except in those instances where provisions of those
Ordinances are in direct conflict with the provisions of this Ordinance; whether such
Ordinances are codified or uncodified, and all other provisions of the Ordinances of the
Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any
complaint, action, cause of action or claim which prior to the effective date of this
Ordinance has been initiated or has arisen under or pursuant to such repealed
Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for
that purpose the Ordinance shall be deemed to remain and continue in full force and
effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Hundred
Dollars ($200.00), and a separate offense shall be deemed committed upon each day
161
during or on which a violation occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 21st day of August, 2006.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
162
Article IV
Abandoned and Junk Vehicles
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-21-2006
Subject: Agenda Item No.E.1
Adjourn.