Agenda Packet TC 12/18/2006 - Work Session 1
Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, December 18, 2006
6:30 P.M.
A.1 Call to order and announce a quorum.
A.2 Work Session: Discuss and review items posted to the December 18, 2006
Agenda, including but limited to Item D. 7.
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 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.
A.6 Discuss and take appropriate action regarding a Proclamation congratulating
NISD Cheerleading Squad for their First Place Win in the Grapevine NCA Spirit
Competition and wishing them luck competing in the Nationals.
A.7 Discuss and take appropriate action regarding a Proclamation congratulating
Medlin Middle School for being named among the top 574 public schools in
Texas.
B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
November 20, 2006.
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
December 4, 2006.
B.3 Consent agenda: Discuss and take appropriate action regarding an Ordinance
amending Chapter 7 of the Code of Ordinances entitled "Municipal Court " by
repealing Article I, Section 1.05 entitled "Appointment of Clerk" and Article II,
Section 2.01 entitled "Appointments" and adopting a new Section 1.05 to provide
for the appointment of a Municipal Court Clerk and Deputy Clerks and a new
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Section 2.01 to re-appoint and extend the term of the current Presiding and
Alternate Judges to January, 2009.
B.4 Consent Agenda: Discuss and take appropriate action regarding a Resolution
directing publication of notice of intention to issue combination Tax and Revenue
Certificates of Obligation Series 2007 for Harmony Park reconstruction and
improvement loan with the payments being funded by EDC 4A; and authorizing
the execution of all necessary documents.
C.1 Public Hearing: Consider a request for Site Plan approval for an approximate
1.0582 acre tract of land known as the Golf Maintenance Facility, located directly
to the east of the Wastewater Treatment Plant and south of the Town's
northeastern city limit. Applicant: George H. Ballans, GHB Enterprises,
authorized agent for Beck Properties. (SP-06-007)
D.1 Discuss and take appropriate action relative to a request for Site Plan approval
for an approximate 1.0582 acre tract of land known as the Golf Maintenance
Facility, located directly to the east of the Wastewater Treatment Plant and south
of the Town's northeastern city limit. Applicant: George H. Ballans, GHB
Enterprises, authorized agent for Beck Properties. (SP-06-007)
D.2 Discuss and take appropriate action regarding a request for Preliminary Plat
approval for an approximate 449.868 acre tract of land legally described as R.
Allen Survey, Abstract No. 5; T. Allen Survey, Abstract No. 7; T. Allen Survey,
Abstract No. 8; R. Allen Survey, Abstract No. 17; T. Calloway Survey Abstract
No. 272; J. Henry Survey, Abstract No. 529 and J. Michael Survey, Abstract No.
820, known as The Highlands at Trophy Club, Neighborhoods 1,2,5,6&7.
Applicant: Carter & Burgess authorized agent of 831 Trophy, L.P. (PP-06-007)
D.3 Discuss and take appropriate action regarding an Interlocal Memorandum of
Understanding with the Texas Department of Public Safety for the use of office
space at the DPS building; and authorizing the Mayor or his designee to execute
necessary documents.
D.4 Discuss and take appropriate action regarding a License Agreement with
American Society of Composers, Authors and Publishers ("Society"), ASCAP.
D.5 Discuss and take appropriate action regarding a Resolution authorizing the Town
Manager to initiate a formal request to the Upper Trinity Regional Water District
to begin discussions regarding a second water supply for the Town.
D.6 Discuss and take appropriate action regarding a Resolution repealing Resolution
No. 2001-01 adopting a Board, Commission and Committees Handbook and
adopting a new Municipality of Trophy Club Handbook for Elected and Appointed
Officials.
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D.7 Discuss and take appropriate action regarding a Resolution calling for and setting
the dates, time and place for two Public Hearings for the proposed annexation of
an approximate 21.1346 acres in the M. Medlin Survey, A-832 and directing the
publication of public hearings as required by law.
D.8 Discuss and take appropriate action regarding an Investment Banking
Agreement with Banc of America Securities to provide underwriting and related
banking services for the Public Improvement District Bonds related to the
Highlands at Trophy Club.
D.9 Discuss and take appropriate action regarding a proposal by Beck Properties to
resolve disputed park land dedication matters, release of claims, proposed
"charitable dedication" by Beck Properties and matters related to the parkland
dedication dispute and its resolution.
D.10 Discuss and take appropriate action to approve financials dated October 2006.
D.11 Discuss and take appropriate action to approve the financials and variance report
dated November 2006.
D.12 Items for Future Agenda.
D.13 Reports. 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.
(a) Town Manager's Report.
E.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.A.2
Work Session: Discuss and review items posted to the December 18, 2006
Agenda, including but limited to Item D. 7.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.A.3
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.A.4
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.A.5
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: 12-18-2006
Subject: Agenda Item No.A.6
Discuss and take appropriate action regarding a Proclamation
congratulating NISD Cheerleading Squad for their First Place Win in the
Grapevine NCA Spirit Competition and wishing them luck competing in the
Nationals.
EXPLANATION:
Coach McClure and members of the NISD Cheerleading squad will be present at the
meeting to accept the Proclamation.
RECOMMENDATION:
ACTION BY COUNCIL:
(Council member Edstrom)
Attachments: 1.Proclamation
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TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION 2006-
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, CONGRATULATING NORTHWEST CHEERLEADING SQUAD FOR THEIR FIRST
PLACE WIN IN THE GRAPEVINE NCA SPIRIT COMPETITION ON SATURDAY
DECEMBER 2,2006, AND WHO WILL REPRESENT THEIR SCHOOL AT THE NCA
NATIONAL COMPETITION ON DECEMBER 28, 2006; WHO BY THEIR PARTICIPATION
AND DEDICATION BRING HIGH HONOR TO THE TOWN AND ALL OF OUR RESIDENTS;
RECOGNIZING AND CONGRATULATING THE NISD CHEERLEADING SQUAD FOR
THEIR ACHIEVEMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club and surrounding communities are fortunate to be home to
residents who epitomize the spirit and energy of NISD Athletics; and
WHEREAS, the Town of Trophy Club is fortunate to be the home of successful schools and the
their vitality for extra-curricular activities which are essential to the quality of neighborhood and community
life; and
WHEREAS, the NISD Cheerleading Squad were awarded first place at the Grapevine NCA Spirit
Competition and will compete in the National NCA Cheerleading Competition; and
WHEREAS, the NISD Cheerleading Squad have set a standard of excellence in hard-work,
dedication and commitment to Team Spirit helping Cheerleading to grow into a proudly recognized event;
and
WHEREAS, participation in NISD Cheerleading Squad provides a challenging and learning
experience to help our young people develop their social, emotional, physical, cultural and academic
skills.
WHEREAS, the Town of Trophy Club is fortunate to have the support of the NISD Squad leaders
and the parents who support our Cheerleaders in these activities;
NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
Section 1. That the Town of Trophy Club, Texas, recognizes and congratulates the NISD
Cheerleading Squad for their First Place Award and wish them good luck as Nationals.
NISD Cheerleading Squad
Beth Chalmers - Brittany Cleeton - Danielle Cook - Chelsea Cunningham - Alyssa Edstrom - Alexis
Feazell Kelsie Jones - Frankie King - Lauren Mason - Alyssa Maswell - Chelsea McCorkle - Amber Norris
- Kayla Norris Maddison Vannoy - Lacy Schara - Sydnee Smith - Whitney White
Section 2. That the Town of Trophy Club acknowledges the NISD Cheerleading Squad and
their dedication and commitment to excellence that are the source of high community pride and that have
resulted in positive recognition for our Town.
Section 3. That this Proclamation shall become effective from and after its date of passage
in accordance with law.
Passed and approved by the Town Council of the Town of Trophy Club, Texas, this 18th
day of December, 2006.
_______________________________ ________________________________
Town Secretary, Town of Trophy Club Mayor, Town of Trophy Club
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.A.7
Discuss and take appropriate action regarding a Proclamation
congratulating Medlin Middle School for being named among the top 574
public schools in Texas.
EXPLANATION:
Medlin Principal, Robin Ellis will be present at the meeting to accept the Proclamation.
RECOMMENDATION:
ACTION BY COUNCIL:
(Mayor Sanders)
Attachments: 1. Proclamation
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TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2006-
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, CONGRATULATING MEDLIN MIDDLE
SCHOOL FOR BEING NAMED AMONG THE TOP 574 PUBLIC
SCHOOLS IN TEXAS.
WHEREAS, Medlin Middle school was selected based on the Austin-based National Community
Education Association’s “NCEA” model specifications for 2004 through 2005, with criteria including
consistent academic performance, participation rates and Adequate Yearly Progress status; and
WHEREAS, NCEA identifies consistently higher-performing schools in many states across the
countries; and
WHEREAS, The schools identified by NCEA are those that exhibit outstanding performance
across multiple grades and years, and
WHEREAS, NCEA uses a complex methodology designed to analyze student performance in
reading, writing, math, science and social studies, and accounting for demographics, listed 574 schools it
deems “higher performing;” and
WHEREAS, Texas has 1,040 school districts, Texas Monthly deems that list as the state’s best
public schools; and
NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
Section 1. That the Town of Trophy Club congratulates Medlin Middle School for being named
among the top schools in Texas; and recognizing the commitment of parents, volunteers, students and
staff for preparing our students to be successful.
Section 2. Resolved that this Proclamation shall become effective from and after its date of
passage in accordance with law.
_________________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST: [SEAL]
____________________________________
Town Secretary
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, November 20, 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated November 20, 2006
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MINUTES OF PUBLIC HEARING AND REGULAR TOWN COUNCIL
MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, November 20, 2006
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Public Hearing and Regular
Session on Monday, November 20, 2006. The meeting was held within the boundaries of the Town
and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Roger Williams Mayor Pro Tem
Pam Cates Council Member
Susan Edstrom Council Member
Philip Sterling Council Member
Gregory Lamont Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Beth Ann Gregory Community Development Director
Sakura Moten-Dedrick Finance Director
Danny Thomas Fire Chief
Mike Pastor IS Manager
Kerin Fleck Planning Coordinator
Adam Adams Parks and Recreation Director
Scott Kniffen Police Chief
A.1 Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present.
A.2 Police Chief Kniffen gave the Invocation.
A.3 Council member Cates led the Pledges.
A.4 Discuss and take appropriate action regarding a Proclamation recognizing the Breast Friends
Team, who participated in the Breast Cancer 3-Day Walk on October 29th, 2006.
Mayor Sanders read the Proclamation and announced each member’s name.
Connie Shaw, 228 Fresh Meadow Drive - Thanked the Council for recognizing the Breast Friends Team
members and their efforts to support help finding a cure.
Motion made by Edstrom, seconded by Lamont to approve the Proclamation.
Motion passed unanimously without any discussion.
A.5 Citizen presentations.
Connie Shaw, 228 Fresh Meadow Drive - As a cancer survivor, appreciates Council member Lamont’s
endeavors and supports a non-smoking ordinance.
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All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.
Motion made by Edstrom, seconded by Williams to approve the Consent Agenda, Items B.1 – B.8.
Motion passed unanimously without further discussion.
B.1 Consent Agenda: Discuss and take appropriate action to approve the September 11, 2006
Minutes.
B.2 Consent Agenda: Discuss and take appropriate action to approve the September 18, 2006
Minutes.
B.3 Consent Agenda: Discuss and take appropriate action to approve the October 2, 2006 Minutes.
B.4 Consent Agenda: Discuss and take appropriate action to approve the October 16, 2006 Minutes.
B.5 Consent Agenda: Discuss and take appropriate action to approve Corrected Minutes, dated
October 22, 2006.
B.6 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving an
Interlocal Agreement for the Fire Protection, Fire Rescue and First Response for the EMS with
the Tarrant County Emergency Service District No. One.
B.7 Consent Agenda: Discuss and take appropriate action to approve the November 6, 2006 Minutes.
B.8 Consent Agenda: Discuss and take appropriate action to approve execution of new signature
resolutions for Town Bank Accounts at First Financial Bank, Northwest Bank, and Texpool by
Brandon Emmons, Sakura Moten-Dedrick, Lisa Ramsey, and Nick Sanders.
End of Consent Agenda
TOWN COUNCIL TO CONVENED INTO PUBLIC HEARING.
PUBLIC HEARING
Public Hearing Opened at 7:13 p.m.
C.1 Public Hearing:
Consider a Re-plat for 20 and 22 Cypress Court, also described as Lots 12 and 11 of Block B in the Villas
of Hogan's Glen. (RP-06-003)
No one addressed council.
C.2 Public Hearing:
Consider an amendment to the Code of Ordinances of the Town, Chapter 13, "Zoning", Article V,
"Supplementary District Regulations", Section 5.03, "Accessory Structures and Uses", by revising
paragraph A(1)(a), and adding a new Section "G", entitled “Public Views", in order to provide
screening requirements for accessory structures. (ADM-06-026)
No one addressed council.
Public Hearing Closed at 7:16 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
Mayor Sanders recognized the Park Board.
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Park Board Chairperson, Pauline Twomey called the meeting to order noting a quorum was present.
Mayor Sanders moved Item D.4 to the beginning of Regular Session.
D.4 Discuss and take appropriate action regarding a contract with Bailey Environmental for
Consultant Services for Health Inspections; and authorizing the Mayor or his designee to execute
necessary documents.
Town Manager Emmons explained Bailey Environmental has been performing the Town’s health
inspections for over 10 years and has never been under a formal legal contract. Staff has been very
satisfied with the service provided by Bailey Environmental. This agreement defines and formalizes the
relationship that provides protection for both parties. Emmons introduced Tom Bailey who was available
to answer Council’s questions.
Motion made by Edstrom, seconded by Sterling to approve.
Tom Bailey addressed the Council with his concerns regarding the insurance requirements and
complimented the staff for their knowledge and help.
Mayor Sanders called the Council’s attention to section 1.8 of the contract and questioned the insurance
coverage Mr. Bailey currently carries.
Town Attorney, Patricia Adams provided that vendors are not covered under the Town’s insurance.
Council member Cates questioned the Town’s liability should he get hurt while performing business for
the Town. Adams confirmed the Town’s defense for independent contractors and suggested the Council
look at Mr. Bailey’s request based on policy and risk assessment.
Mayor Pro Tem Williams confirmed that Bailey Environmental conducts approximately 35-40 inspections
per year.
Council member Edstrom considers food establishment inspections low risk.
Town Manager Emmons explained the insurance requirements are geared more towards a contractor or
sub-contractor where there are assumed risks in their performance.
Council member Sterling amended the motion, striking all of section 7 and 1.1 – 1.5.1 of exhibit C.
Motion failed for lack of a second.
Edstrom moved to refer and directed the Town Manager and Town Attorney to work on the contract,
striking all insurance requirements, seconded by Cates.
Motion passed unanimously without further discussion
D.1 Discuss and take appropriate action relative to a request for Re-plat for 20 and 22 Cypress Court,
also described as Lots 12 and 11 of Block B in the Villas of Hogan's Glen. (RP-06-003)
Town Manager Emmons provided the purpose of this Re-plat request is to combine both lots into one lot,
and to create a ten-foot (10’) utility easement along the south property line. Staff has reviewed the
request and it appears to be in compliance with the Town’s standards. P & Z unanimously approved this
request at their November 16th meeting.
Motion made by Williams, seconded by Lamont to approve the Re-plat.
Motion passed unanimously without further discussion.
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D.2 Discuss and take appropriate action relative to an amendment to the Code of Ordinances of the
Town, Chapter 13, "Zoning", Article V, "Supplementary District Regulations", Section 5.03,
“Accessory Structures and Uses”, by revising paragraph A(1)(a), and adding a new Section "G",
entitled "Public Views", in order to provide screening requirements for accessory structures.
(ADM-06-026)
Town Manager Emmons stated the following proposed amendment to Accessory Structure regulations is
based on the Commission’s discussion of this item, as well as staff input. P & Z approved this ordinance,
after revising section G.1.a.i at their November 16th meeting. Hard copies of the corrected
Ordinance were given to the Council.
Motion made by Edstrom, seconded by Sterling to approve.
Council member Edstrom questioned P & Z’s discussion for revising section G.1a.i. Town Manager
Emmons explained the golf course properties require rod iron fencing on back property lines, P & Z felt
that an opaque or wooden privacy fence would run parallel to the rod iron fence and might not be
attractive and the Town has prohibition against parallel fencing.
Mayor Sanders questioned the second sentence of 5.03.A.1.a; if the intent is to require permit on things
that may be visible from a public area is also the intent for someone who lives on the side of the street
where it is also visible. Planning and Zoning Coordinator, Kerin Fleck explained this only applies to public
and private parks or the golf course and it is not the intent to require a permit if visible in another fashion.
Motion passed unanimously without further discussion.
Mayor Pro Tem Williams clarified this is not retro-active.
D.3 Discuss and take appropriate action relative to a request for Plat Amendment to 32 and 30
Cypress Court, also described as Lots 6 and 7 of Block B in the Villas of Hogan's Glen. (AP-06-
011)
Town Manager Emmons advised the purpose for the amending plat is to relocate a utility easement on
Lot 7 to correct the minimum finished floor elevations for Lots 6 and 7. Staff has reviewed the submission
and it appears to be in compliance with the Town’s adopted standards. P & Z approved this item at their
November 16th meeting with Commissioner Stamos voting against, based on the petitioner not showing
up.
Scott Beck of Beck Properties submitted a letter for the record, thanking the Council for taking the time to
review the request for the re-plat of certain lots located within the Villas of Hogan’s Glen and explained
the re-plats depict the adjusted easements reflecting the appropriate locations of the lines.
Motion made by Williams, seconded by Lamont to approve the request.
Motion passed unanimously without any discussion.
D.4 Discuss and take appropriate action regarding a contract with Bailey Environmental for
Consultant Services for Health Inspections; and authorizing the Mayor or his designee to execute
necessary documents.
This Item was moved to the beginning of Regular Session.
D.5 Discuss and take appropriate action repealing Resolutions 2005-40 and 2006-18 and adopting a
new Resolution appointing members to serve on EDC 4A, EDC 4B, Planning and Zoning
Commission, Tree Board, Zoning Board of Adjustment and the Parks and Recreation Board.
Bob Radder, 1 Lee Court – Advised the Council that volunteerism is extremely important and a vote
against an applicant is a vote against the community.
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Mayor Sanders announced the Parks and Recreation Board has a total of five open seats; four with terms
expiring in 2009 and one resulting from a resignation, term expiring in 2007 and introduced the
applicants.
P & R Board Chairperson, Pauline Twomey recommended that Matthew Graham, Dave Glaser and
Kathleen Wilson be reappointed with terms expiring in 2009, Bill Matthai be appointed with a term
expiring in 2009 and JD Stotts be appointed to fill the vacancy with a term expiring in 2007.
Motion made by Edstrom, seconded by Cates to approve with terms noted by the Chair.
Council member Lamont asked the applicants if they would volunteer to work the Special Events like the
4th of the July. All of the applicants said they would be happy to serve.
Mayor Sanders pointed out JD Stotts application was submitted on October 27th and the deadline was
October 20th.
Jim Moss, 979 Trophy Club Drive – Requested to address Council, but declined when called upon.
Motion passed unanimously without further discussion.
Pauline Twomey thanked the Council for approving the recommendations and said that all the applicants
were highly qualified candidates.
Mayor Sanders thanked all the citizens who applied.
The Parks and Recreation Board adjourned at 7:50 P.M.
Mayor Sanders announced the Tree Board has one open seat with a term expiring in 2008. Chairman,
Darin Davis was unable to attend the meeting and provided his recommendation for Ross, Stotts and
Price via email.
Motion made by Edstrom, seconded by Sterling to appoint Kimble Ross to the Tree Board.
Motion passed unanimously without any discussion.
Mayor Sanders announced ZBA has four open Alternate seats with terms expiring in 2008. Previously,
only five applications were received for Council’s consideration at the September 18th meeting to fill five
(5) seats and four (4) alternate seats.
Motion made by Edstrom, seconded by Williams to appoint Doyle Nicholson, Kevin Barry, David Equitz
and Michael Price to the Alternate seats on ZBA.
Motion passed unanimously without any discussion.
Motion made by Edstrom, seconded by Lamont to approve the Resolution with all previous motions and
re-designate the Council members previously appointed to EDC 4A and 4B as liaisons to those
corporations rather than voting members.
Council member Edstrom also requested that staff post the vacancies and notify the staff liaisons of the
EDC vacancies.
Motion passed unanimously without further discussion
D.6 Discuss and take appropriate action appointing a ZBA Chairperson.
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Motion made by Edstrom, seconded by Cates to appoint Bob Downey as the ZBA Chairperson.
Motion passed unanimously without any discussion.
D.7 Discuss and take appropriate action regarding an ordinance amending the Code of Ordinances of
the Town by adopting Chapter XV, "Taxation", Article I, "Hotel/Motel Occupancy Tax" levying a
tax on the occupancy of hotel rooms.
Town Manager Emmons reminded the Council that they reviewed the draft of the proposed ordinance
levying a hotel/motel occupancy tax at the November 6, 2006 meeting. The term “permanent resident”
has been clarified, based upon the rules of the Texas Comptroller’s office, requiring a written agreement
for 30 consecutive days in order to allow an exemption from the tax. Additionally, the payment term has
been changed from quarterly to monthly.
Mayor Sanders questioned the rate. Town Attorney, Patricia Adams responded the rate is not stated in
the Ordinance as staff opted to go with the maximum amount allowed by law so the Ordinance would not
need amended should the Legislation change.
Council member Edstrom recommended 6%, stating it would be beneficial for the Town not to be the
highest in the breakdown of folio data collected by Hotels.
Council member Cates questioned if the Town can still collect under permanent resident definitions, if a
person executes the written agreement but does not stay the full 30-days. Council member Edstrom
answered the agreement cannot be processed until after the 30-day stay.
Council member Lamont commented on Value Place process for weekly renewals and that they charge
the accounts every week, which would not constitute a 30-day stay. Mayor Sanders replied this item
refers to a rental policy or rating structure that Council feels is appropriate at this time.
Town Attorney, Patricia Adams provided the amount is paid up front along with the written agreement for
an uninterrupted stay of 30 days. The refund amount is then credited back.
Council member Edstrom requested Council’s input regarding the rate.
Mayor Pro Tem Williams thinks we should stay consistent with the surrounding cites and charge 7%.
Council member Sterling agreed.
Motion made by Edstrom, seconded by Lamont to approve the Ordinance.
Motion passed unanimously without further discussion.
D.8 Discuss and take appropriate action regarding an Ordinance amending Chapter X of the Code of
Ordinances entitled "Public Safety" by adopting Article XII, entitled "Fire Marshal" to establish a
Fire Marshal's Office.
Town Manager Emmons advised the creation of a Fire Marshal’s Office will decrease the workload on our
current police department in enforcement and investigations and will allow the reserve personnel to be
used in this capacity. By approving this Ordinance, the TCLEOSE commissions will be carried under the
Fire Department. Enforcement of the Fire Code and arson investigations will be under the direction of the
Fire Marshal. The Fire Marshal designation is currently carried by the Fire Chief Thomas and will remain
as such.
Motion made by Williams, seconded by Lamont to approve to approve the Ordinance.
Per Council member Sterling’s question, Town Manager Emmons answered there should be no
budgetary implications.
Motion passed unanimously without further discussion.
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D.9 Discuss and take appropriate action regarding an Ordinance amending Article VIII, "Schedule of
Fees", Chapter 1 of the Code of Ordinances, entitled Administration”, by amending Section 8.11
(L), “Parking Permits”, Section 8.03, (F) “Contractor Registration”, (S) “Portable Storage Unit”, “U”
“Propane Tank, "AA" Irrigation Meter; and amend Chapter 10, Article III, Section 3.03, “Permit
Required Application, Issuance”, Paragraph “H”, to reference the Schedule of Fees for single
family residences and business permits.
Town Manager Emmons explained the changes are general clean up of established fees and included
fees adopted in other ordinances since the last major revision. The changes include; Parking Permit fees
established in Ordinance 2006-09, portable Storage Unit fees established in Ordinance 2006-10. The
amendment of Propane Tank, Contractor Registration for Irrigator and the addition of Irrigation Meter
under Stormwater Utility were added, as its omission was an oversight. Due to a conflict in the Code of
Ordinances for Single Family Residence and Business Permits, it was also necessary to amend Chapter
10, Article 3, Section 3.03 to reference the Town’s adopted Fee Schedule for Single Family Residence
and Business Permits
Motion made by Sterling, seconded by Williams to approve the Ordinance.
Mayor Pro Tem Williams confirmed the amendments covered only updates and no new fees.
Motion passed unanimously without further discussion.
D.10 Discuss and take appropriate action regarding a Resolution supporting a Local Option Sales Tax
to fund Regional Rail in North Central Texas and authorizing the Mayor, through his vote, to
express support of the joint recommendation by DART, DCTA and The T.
Motion made by Lamont, seconded by Cates to approve the Resolution.
Mayor Sanders participates in the Tarrant Regional Transportation Coalition which is the organization that
through this Resolution will provide encouragement to the State of Texas and its’ Legislature to allow a
sales tax charge to be used for rail transit. Sanders is a member of the Metroport Cities Partnership,
Northwest Community Partners and the Tarrant Regional Transportation Coalition. These boards are
being asked to support this Resolution and upon approval of this Resolution Sanders will be allowed to
vote on these issues.
Council member Edstrom questioned if county sales tax would be affected. Mayor Sanders understands
that it is merely a Local Option decision. Sanders stated several Mayors would like to support this at a
local level rather than at a State level.
Mayor Pro Tem Williams agreed and feels this needs to be looked at from both and State and Regional
level.
Council member Cates is concerned about becoming part of a Coalition. Mayor Sanders explained this is
not authorizing a coalition, but a letter in support of a local option ability that goes beyond the current
sales tax charged for rail only. This letter authorizes the Mayor to vote on behalf of the Town and as a
member to the organizations responsible for the transportation issues in our area and will be forwarded to
the State.
Council member Sterling is concerned this will make it easier to raise the taxes and it is hard to justify
how this will benefit the citizen’s long term. Mayor Sanders responded without a Local Option there will
never be a rail from here to downtown Fort Worth and asked for the Council to look long term.
Council member Edstrom confirmed this would give the Town local control to hold an election and does
not approve a tax rate increase.
Motion passed unanimously without further discussion.
21
D.11 Discuss and take appropriate action to approve the minutes from the September 19, 2006 Town
Hall Meeting.
Motion made by Williams, seconded by Sterling to approve the minutes.
Motion passed 3:0:2 with Edstrom and Cates abstaining.
D.12 Discuss and take appropriate action regarding the (90) day evaluation of Town Manager Emmons
duties, goals and objectives.
Mayor Sanders explained nine staff members were asked to rank the criteria Town Manager
Emmons listed as his 90 days goals and objectives and provided a summary of responses to Council.
Although there were nine responses, not all ranked each criterion. Sanders asked the Council to rank
Town Manager Emmons, focusing on the eight items staff evaluated him on. Sanders explained that
discussion like this could be posted as an Executive Session, however both he and Emmons agreed it
was best discussed in open session.
Sanders asked Town Manager Emmons to email Council another set of goals and objectives
along with information on his accomplishments over the last five months.
Town Manager Emmons listed the following as his accomplishments:
Administrative
o Hired new Managers for Police, Fire, and Finance Departments
o Implemented new organizational chart and reporting structure
o Evaluated current economic development efforts and Business outreach
Fiscal management:
o Identified cost savings measures in utilities (est. $10k in telecommunications).
o Implemented new oversight procedures for expenditures
o Instituted a revised p-card reporting procedure
o Identified improvements to budget reporting
o Started discussions of cost allocation
o Separation of extraordinary expenses
Intergovernmental Relations:
o Represents the Town in a regional setting
o Attends and participates in monthly meetings for Northwest Communities Partnership
o Attends and participates in monthly Master District meetings
o Represents Town Administration at P&Z, Parks, ZBA, and EDC meetings
o Meets with surrounding Town Managers on a regular basis to discuss area issues
o Routinely meets with NISD
Town Manager Emmons spoke to his future goals regarding staff’s evaluation and areas requiring
improvement; team-work which will require a concerted effort from all members in order to improve.
Emmons also plans to:
Strategic Planning:
o Coordinate a series of Council planning retreats
o Develop the framework for long-term planning document
Development and Growth:
o Formulate the contract documents for utility services with the MUD
o Continue exploring alternative water sources
o Begin annexation of ETJ
o Work with Centurion on construction of infrastructure, including water tank
Administrative:
22
o Present a balanced budget with no proposed tax increase
o Create a cost accounting system for budgeting
Roger Unger, 102 Carnoustie – Commented Emmons began his employment having to hire two major
positions and right at the start of development on 1,000 acres of land. Mr. Unger enjoyed working for
Emmons and feels he is very knowledgeable and is the right chief operating Administrator for the Town.
Council ranked Emmons and provided comments on each item listed on the evaluation.
Council member Cates believes Emmons has done an outstanding job improving the Towns image.
Mayor Pro Tem Williams is very pleased with the way Emmons took Council’s direction regarding the
budget and appreciated being presented a balanced budget.
Council member Edstrom feels Emmons has done a good job and sees a significant change in the
communication between the Chairs of the Advisory Groups, Boards and Commissions.
Council member Sterling feels approachability is Emmons number one asset and also appreciated being
presented a balanced budget at the beginning of the budget process. Sterling added that an effort on
behalf of the Council needs to put forth to contact Town Manager Emmons first on issues rather than the
staff members.
Council member Lamont respects Emmons attendance at meetings and his oversight in providing the
Minutes of the Boards and Commission meetings.
Mayor Sanders said Emmons accomplishment of the MUDs acceptance of the contact from Centurion
was monumental and significant; the MUD Directors respect Emmons’ knowledge. Sanders praised
Emmons leadership and expense savings during the budget. Sanders appreciates Emmons attendance
at all of the meetings and his availability when taking phone calls. Sanders finds Emmons receptive to
suggestions and strongly encouraged staff talk to him about their comments as provided in their
evaluations
Town Manager Emmons salary was budgeted for an increase of $8,300.00 upon his completion of 90-
days. With this increase his salary would be 110,300.34.
Motion made by Williams, seconded by Sterling to approve the new salary.
Motion passed unanimously without further discussion.
Town Manager Emmons thanked the Council for their comments, both praise and recommendations for
improvements.
D.14 Items for Future Agenda.
No additions
D.15 Reports. 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.
(a) Town Council calendar of events and activity reports.
(b) Town Manager's Report.
Mayor Sanders introduced new employee, Shelly Klein
Council member Lamont commented on the supplemental information provided to Council, specifically
the Draft of the Parks and Recreation Minutes from their meeting on October 2nd and to the treatment he
received at this meeting.
23
E.1 Adjourn.
Motion made by Lamont, seconded by Williams to adjourn.
Meeting adjourned at 10:09 P.M.
___________________________________ ______________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
24
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, December 4, 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated December 4, 2006
25
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, December 4, 2006
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday,
December 4, 2006. The meeting was held within the boundaries of the Town and was open to the
public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Roger Williams Mayor Pro Tem
Pam Cates Council Member
Susan Edstrom Council Member
Philip Sterling Council Member
Gregory Lamont Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Beth Ann Gregory Community Development Director
Sakura Moten-Dedrick Finance Director
Danny Thomas Fire Chief
Mike Pastor IS Manager
Shelly Klein Network Support Specialist
Scott Kniffen Police Chief
A.1 Mayor Sanders called the Regular Session to order at 7:05 p.m. noting a quorum was present.
A.2 Mayor Sanders gave the Invocation.
A.3 Mayor Pro Tem Williams led the pledges.
A.4 Discuss and take appropriate action regarding a Proclamation congratulating Samuel Beck
Elementary School for their 2006 Lighthouse Blue Ribbon Achievement.
Mayor Sanders read the Proclamation and announced that he will present the Proclamation on Friday,
December 8th at Beck’s reception honoring this achievement.
Motion made by Edstrom, seconded by Williams to approve the Proclamation.
Motion passed unanimously without discussion.
A.5 Citizen presentations.
Neil Twomey, 203 Oakmont Drive - Spoke to the conduct of Council member Lamont at the November
27th Ways and Means meeting and requested that he follow the process of submitting his request to the
items for future agendas to be addressed by the Council.
Bob Radder- 1 Lee Court - Gave his time to Neil Twomey.
Pauline Twomey, 203 Oakmont Drive – Responded to Council member Lamont’s comment at the
November 20th Park Board meeting, repudiating that the Parks Chair encouraged the Parks members not
26
to volunteer for special events and listed all Boards and groups that the P & R Board members currently
volunteer for.
Kathleen Wilson, 34 Meadowbrook Lane - Gave her time to Pauline Twomey.
Rhonda Radder 1 Lee Court - Gave her time to Pauline Twomey.
A.6 Presentation on the Feasibility Study for Treated Water from Upper Trinity by Kerry Marony,
representative of Biggs and Matthews, and discussion of same.
Mayor Sanders acknowledged MUD Directors, Dean Henry, Jim Hase and Gary Cantrell, MUD Manager,
Walter Fitzpatrick and introduced Kerry Maroney.
.
Town Manager Emmons explained that together with Westlake the Town has been researching
alternative water sources. One option would be to acquire water from the UTRWD with the transmission
supply line from 377 and Stonecrest Road.
Kerry Marony presented an overview of the Feasibility Study for Treated Water Supply from UTRWD.
Mayor Pro Tem Williams questioned if the easements cross the CORP. Mr. Maroney confirmed the
easements do cross the CORP, but does not see this as a fatal flaw as the CORP has already agreed to
talk about a corridor.
Council member Cates questioned the ease of putting together a legal agreement with Westlake.
Council member Lamont questioned the affect on debit services should the PID be rejected. Town
Manager Emmons answered the development of the Highlands and Solana will require additional water
supply in addition to the supply currently provided by the MUDs.
Mayor Sanders confirmed the meter equivalent, the size of the current ground storage facility and that
MUD Manager, Walter Fitzpatrick was provided a copy of the study.
No action was taken.
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.
Motion made by Edstrom, seconded by Williams to approve the Consent Agenda, tem B.1.
Motion passed unanimously without any discussion.
B.1 Consent Agenda: Discuss and take appropriate action regarding a contract with Bailey
Environmental for Consultant Services for Health Inspections; and authorizing the Mayor or his
designee to execute necessary documents.
End of Consent Agenda
Mayor Sanders moved Items D.1 and D.2 to the beginning of the Regular Session. Town Council entered
into Executive Session 8:06 P.M.
TOWN COUNCIL CONVENED INTO REGULAR SESSION.
REGULAR SESSION
C.1 Discuss and take appropriate action regarding a resolution to renew membership in the Texas
Building and Procurement Commission Cooperative Purchasing Program (TBPC Co-Op).
27
Town Manager Emmons explained this is a state based buying cooperative that enables staff to save
money on a variety of purchases from technology to equipment and vehicles. The annual cost is $100
and this would begin our third year of participation.
Motion made by Williams, seconded by Sterling to approve.
Motion passed unanimously without any discussion.
C.2 Discuss and take appropriate action regarding the expenditure of GASB/34 funds for the financial
and utility billing software upgrade.
Town Manager Emmons offered the upgrade was approved in this year’s budget and will be a split cost
between the Town and MUD. STW has developed a new web based product that will enhance reporting
and will enable online credit card payments. The total expenditure for each entity is projected at $39,174.
With Council approval, this expenditure will be funded from our GASB/34 account.
Motion made by Edstrom, seconded by Williams to approve.
Council member Cates questioned why the Town was buying a program for utility billing program. Town
Manager Emmons answered the Town is splitting the costs with the MUDs; the Town bills for part
of storm sewer and waste services.
Motion passed unanimously without further discussion.
C.3 Discuss and take appropriate action regarding an Interlocal Agreement with the City of Southlake
for Animal Control Services, and authorizing the Mayor or his designee to execute necessary
documents.
Town Manager Emmons explained the Interlocal Agreement will allow our ACO to work in Southlake and
vice versa as emergency back-up for vacations, as well as situations that would overwhelm either
municipality’s resources.
Motion made by Edstrom, seconded by Sterling to approve.
Council member Cates verified the Interlocal will not address the TW King area.
Council member Lamont clarified the Town’s ACO also serves as Code Enforcement.
Motion passed unanimously without further discussion.
C.4 Discuss and provide input regarding the Town of Trophy Club's future annexation plans and
discuss and take appropriate action regarding the approval or denial of a Resolution directing the
Planning and Zoning Department, through the Town Manager, to prepare a service plan for that
certain part of the Town's extraterritorial jurisdiction described generally as approximately
21.1346 acres in the M. Medlin Survey, A-832.
Town Manager Emmons said the purpose of this item is to provide input regarding annexation of land in
the Town's ETJ. Emmons confirmed staff notified the four property owners last week and only one has
responded that they do not want to be annexed. If Council is interested in pursuing annexation of
property in the ETJ, the first step would be to direct the Planning and Zoning Department to prepare a
service plan providing for the extension of full municipal services to the annexed area. The Resolution
documents Council’s direction to the Planning and Zoning Department through the Town Manager to
prepare a service plan.
Motion made by Williams, seconded by Edstrom to approve.
Council member Cates questioned why the other three acre tracts of land were not included.
Mayor Pro Tem Williams amended his motion to include the other three acre tracts. Town Attorney,
Patricia Adams advised the motion was outside of the posting.
28
Motion passed unanimously without further discussion.
With no objections from the Council, Mayor Pro Tem Williams directed the Town Manager to proceed with
the annexation of the other three acre tracts.
C.5 Items for Future Agenda.
Mayor Sander commented the Fees Ordinance was added and moved to January. The Sports
Associations have been contacted and the P & R Board and staff will review and provide a
recommendation to the Council. The Handbook for Elected official is currently scheduled for December
18th. Staff is researching an Ethics Ordinance and standards of conduct to include to the Handbook.
Council member Sterling is concerned about shrubs growing longer and higher than the eaves of a house
and requested for this item to be added to the list.
C.6 Reports.
(a) Town Council report from EDC 4A Liaison, Council member Edstrom, and EDC 4B Liaison,
Council member Sterling.
Council member Edstrom deferred to Town Manager Emmons for the update. Emmons advised
the discussion dealt with meeting times and dates and whether to separate the Ways and
Means meeting from the EDC meetings.
Council member Sterling reported the presentation made by the Buxton Group was very
informative and that the Board discussed a tax abatement schedule.
(b) Town Manager's Report.
Town Manager Emmons gave his report.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION AT 8:06 P.M.
EXECUTIVE SESSION
D.1 Pursuant to Texas Government Code §551.073, Deliberation Regarding Prospective Gift, and §
551.071(a) and (b) Consultation with Attorney, Council will enter into executive session to
deliberate a negotiated contract for a prospective gift or donation to the governmental body where
deliberation in an open meeting would have a detrimental effect on the position of the
Governmental body in negotiations with a third person and to consult with the Town Attorney on
pending or contemplated litigation or on a matter in which the duty of the attorney to the
governmental body under the Texas disciplinary rules of professional conduct of the State Bar of
Texas clearly conflicts with the open meetings act:
a. Proposal by Beck Properties to resolve disputed park land dedication matters, release of
claims, and proposed "charitable dedication" by Beck Properties.
TOWN COUNCIL RECONVENE INTO REGULAR SESSION AT 8:56 P.M.
*REGULAR SESSION
D.2 Discuss and take appropriate action relative to Executive Session Item Number D1, proposal by
Beck Properties to resolve disputed park land dedication matters, release of claims, proposed
"charitable dedication" by Beck Properties and matters related to the parkland dedication dispute
and its resolution.
Mayor Sanders introduced the item as a unique request to treat as a charitable dedication as this is no
longer related to a plat issue of parkland dedication. There are several open issues dealing with
parkland dedication that may have been related to Hogan’s Glen and other developments and the
fact that there was going to be a trail system through Hogan’s Glen which is no longer go to
happen.
29
Council member Edstrom would not support as a charitable dedication based on the 1999 parkland
dedication requirement in lieu of money was an agreement for a trail system in Hogan’s Glen, which as
Hogan’s Glen has built out has since became an issue for the residents. Edstrom believes that there is
still parkland dedication owned to the Town. Edstrom supports a Resolution of the parkland dedication of
Hogan’s Glen, but not as the proposal was submitted.
Mayor Pro Tem Williams is concerned about tax liabilities should they approve a charitable donation that
the IRS does not approve. Williams requested a more definitive statement of what the full release
actually includes.
Scott Beck confirmed the release is only for parkland dedication; including all of the issues listed in Roger
Unger’s letter dated October 24, 2005 and any other issues that he is not aware of. Beck is not aware of
all of the issues and does not believe anyone in the Town knows either, as the Town’s common practice
is to take parkland dedication at the time of platting that did not occur for Hogan’s Glen. Beck said he
was not privy to the disputes between his father, Council member Edstrom or John Harbin. The letter is
an outline of all the various things over the past 14 years and since he has been associated with the
property. This letter is essentially a request to let bygones be bygones; whatever the Becks have done
for the Town, or the Town for the Becks is water under the bridge. Beck said in terms of the actual issue
of treating this as a charitable contribution is a separate issue; this would have to be done as a charitable
contribution as it is owned by a different entity than the one who developed Hogan’s Glen. This entity is a
totally separate entity with totally different partners and there is no land owned by Beck Properties
Development One LP anymore, except for the four lots left to be sold in Hogan’s Glen. Beck does not
see a legal issue as it relates to a chartable contribution because there are two entities involved.
Mayor Sanders asked who owns the lots at Harmony Park. Beck responded Beck Properties Trophy
Club LP and also owns Lawrence Beck Park. Beck stated Beck Properties Development One LP owns
the four remaining lots of Hogan’s Glen. Beck explained that Beck Properties Development One LP, a
development company which is a different ownership than Beck Properties Trophy Club LP. Beck said
things were bought at different points and under different partnerships that were set up. Although they
contain the name Beck, they do not have the same ownership structure and therefore cannot move land
from one to another.
Council member Cates questioned the value of the four lots in Hogan’s Glen. Scott Beck averaged
between $85,000 to 120,000, uncertain of the specific lots remaining.
Mayor Sanders explained one dispute is that Hogan’s Glen was platted with a planned trail system in lieu
of parkland dedication. This is no longer feasible due to the homeowners wanting to keep a secured
entrance. Beck replied that dispute would not be between Beck Properties One LP and the Town but
should be between the Town and the HOA of Hogan’s Glen, as it does not make sense for the city to
make a claim against the developer. Mayor Sanders’ understanding is the developer should have given
the Town the parkland dedication. Beck disputed that it is a matter of due course and the city has the
responsibility and a permitting process to take land at the time of permitting.
Mayor Pro Tem Williams recalled John Harbin telling the Council the trail system was the parkland
dedication. Council member Edstrom clarified that this agreement was reneged on by Beck Properties
when they were the majority owner. Beck Properties had the majority control and locked the gates of
Hogan’s Glen. Beck replied Beck Properties does not have any responsibilities as it relates to Hogan’s
Glen and Beck Properties Inc. has never had anything to do with anything related to Trophy Club.
Mayor Pro Tem Williams confirmed Beck Properties is not responsible and that Beck Properties
Development One LP developed Hogan’s Glen.
Williams and Edstrom agree that Beck Properties Development One LP is the entity that owes the Town
parkland dedication and can pay in form of land or money. There was no HOA at the time the agreement
was established and is Beck Properties Development One LP responsibility to fulfill this agreement.
30
Mayor Sanders summarized the issue is who owes what, there are several different entities, and Beck is
stating that a different entity owns the lots at Harmony and Beck Parks. The Town has an interest in
those pieces of property that has been expressed for some time. The problem becomes how the Town
gets the land and Council’s concern that the proposal is a settlement of all matters. Sanders suggested
delineating the separate issues and then come to an agreement.
Beck asked what the dollar amount Council felt is owed by Beck Properties Development One LP owes.
Mayor Pro Tem Williams advised the amount would need to be calculated based on the value of the
platted land at that time. Beck questioned if he gave dollars, could he then keep the lots, sell the lots at
Harmony Park and keep Lawrence Beck Park and turn it in to a recreation center. Mayor Sanders
replied that there are separate issues with different entities issues so each would need to be dealt with
independently and the letter does not state this. Beck explained the letter covers the all of the separate
entities; Beck Properties Trophy Club LP together with all affiliates and assigns Beck, which is every
entity that is any way related to Beck Properties Trophy Club LP is an affiliate and or assigned.
Council member Sterling said Beck’s interpretation of the entities covered in letter, it does not matter
which entity the payment comes from. Beck explained the letter says if the Town agrees that
there is not anything due, they can take the gift from another entity. Council member Cates
clarified this letter would forgive all entities of Beck.
Diane Ziegler, 10 Stephens Court – As a resident of Hogan’s Glen was very upset when P & Z met on
July 10, 1999 to discus this parkland dedication as they built their home in a guard gated
community. Ms. Ziegler requested to see the agreement between the Town and John Harbin, but
was not provided a copy, as it was a verbal agreement only. Therefore there is not agreement
and no parkland dedication.
Mayor Pro Tem Williams clarified with Town Attorney Patricia Adams that a verbal agreement does
constitute as an agreement.
Motion made by Edstrom, seconded by Cates to reject the proposal as provided by Beck Properties and
directed the Town Manager to enter into negotiations with Beck Properties as appropriate to
determine where to go from here.
Council member Edstrom recognizes the residents of Hogan’s Glen desire to keep their community
gated, however her goal is to ensure that the Town receives what is due to them from 1999,
which is land in lieu of dedication.
Council Member Sterling questioned the acreage agreement at the time this occurred. Town Attorney
Adams the development spanned a few years so she would need to look at the Ordinance for
changes to verify. Town Manager Emmons stated per the letter a total of 5.37 acres.
Motion passed unanimously.
Scott Beck clarified there is no way to get the Town the land; legally it cannot be done as it is a different
entity and the land cannot be moved out of Beck Properties Trophy Club LP to a different entity to satisfy
this obligation. Beck is unsure what Council voted on. He spent a lot of money for attorneys to figure out
a legal way for the Town to accept this and the Town would end up with twice as much property with this
agreement as they would under the parkland dedication from Development One LP. Beck concluded this
does not help the situation or the Town getting the parkland dedication and is going to be a Mexican
standoff for the next 50 years.
Council member Cates questioned if the five lots could each be sold for $85,000 and then sold to the
other entity. Town Attorney Adams understand the land cannot be moved from one entity to another but
is perplexed how Beck claims the authority to settle all claims on behalf on all entities yet does not have
the authority to move land around. Adams suggested that the Beck entities come up with an
arrangement and then as a consolidated front come to Council with an agreement. Beck answered he is
31
a representative for each entity, they are owned by separate partnerships, each entity and land cannot be
moved from one to other. Beck said all land except commercial has been sold off and asked for a blanket
statement that the Town would not come back to him for something his father promised 14 years ago.
Adams suggested that the Beck ownerships agree amongst themselves and consolidate as they appear
in the Jaworski letter. Beck contended the different owners of the entities and one entity would not want
to settle an obligation for another entity and pay for that when there are different partners.
Mayor Sanders advised Beck this is not going to be solved until the facts are clear. The two disputed
items are; how to solve the parkland dedication related to Hogan’s Glen and the promise of gifted funds
that still has not been resolved. The Town is interested in acquiring the land next to Beck and Harmony
Parks but is unsure how to accomplish this without clearly solving these two issues. Sanders suggested
that Beck’s Attorney work with Town Manager Emmons and Town Attorney Adams to come to an
agreement.
E.1 Adjourn.
Motion made by Edstrom, seconded by Williams to adjourn.
Meeting adjourned at 9:35 p.m.
_____________________________________ ______________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
32
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.B.3
Consent agenda: Discuss and take appropriate action regarding an
Ordinance amending Chapter 7 of the Code of Ordinances entitled
"Municipal Court " by repealing Article I, Section 1.05 entitled
"Appointment of Clerk" and Article II, Section 2.01 entitled "Appointments"
and adopting a new Section 1.05 to provide for the appointment of a
Municipal Court Clerk and Deputy Clerks and a new Section 2.01 to re-
appoint and extend the term of the current Presiding and Alternate Judges
to January, 2009.
EXPLANATION:
The Town Charter specifies that the Council shall provide for the appointment of a
Municipal Court Clerk and Deputy Clerks as determined appropriate. The Municipal
Court Clerks, Deputy Clerks, and other Court personnel are hired as part of the
Administrative staff under the direction of the Town Manager. The ordinance has been
revised so that it is consistent with the Charter and reflects the Council’s role in
providing for the appointment of a Clerk and Deputy Clerks and the Town Manager’s
role as the person responsible for hiring and appointing Court Clerks and other Court
personnel pursuant to the approved budget.
The Charter requires Council appointment of one or more judges for the Trophy Club
Municipal Court. The term of office for our current President Judge and Associate
Judges expires on January 3, 2007, so this ordinance is necessary to extend their terms
of service beyond the upcoming expiration date.
RECOMMENDATION:
ACTION BY COUNCIL:
(smd/paa)
Attachments: 1. Ordinance
33
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006 -
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY
CLUB BY REPEALING SECTION 1.05 ENTITLED “APPOINTMENT OF
CLERK” OF ARTICLE I ENTITLED “MUNICIPAL COURT OF RECORD
NO. 1” OF CHAPTER 7 ENTITLED “MUNICIPAL COURT” PROVIDING
FOR COUNCIL APPOINTMENT OF A MUNICIPAL COURT CLERK AND
BY REPEALING SECTION 2.01 ENTITLED “APPOINTMENTS” OF
ARTICLE II, ENTITLED “PRESIDING JUDGE” OF CHAPTER 7
ENTITLED “MUNICIPAL COURT” PROVIDING FOR THE
APPOINTMENT OF A PRESIDING AND ALTERNATE MUNICIPAL
COURT JUDGES WITH TERMS EXPIRING ON JANUARY 3, 2007 BY
ADOPTING A NEW ARTICLE 1, SECTION 1.05 OF CHAPTER 7
ENTITLED “APPOINTMENT OF CLERK” AUTHORIZING TOWN
MANAGER APPOINTMENT OF ALL COURT PERSONNEL OTHER
THAN JUDGES AND BY ADOPTING A NEW ARTICLE II, SECTION
2.01 OF CHAPTER 7 ENTITLED “APPOINTMENTS” APPOINTING A
PRESIDING MUNICIPAL COURT JUDGE AND ALTERNATE JUDGES,
IN ACCORDANCE WITH THE TOWN’S CHARTER AND CODE OF
ORDINANCES FOR A TWO YEAR TERM TO COMMENCE UPON THE
EXPIRATION OF THE CURRENT TERM ON JANUARY 3, 2007 AND TO
EXPIRE ON JANUARY 3, 2009; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town’s Home Rule Charter provides for Council appointment of
Municipal Court Judges and further specifies that the Council shall by ordinance provide
for the appointment of a Clerk of the Town of Trophy Club Municipal Court of Record
and such Deputy Clerks as Council determines appropriate; and
WHEREAS, Currently, Chapter 7, Article I, Section 1.05 of the Code of
Ordinances of the Town sets forth provisions relating to the appointment of Municipal
Court personnel by Council; and
WHEREAS, Chapter 7, Article II, Section 2.01 of the Code of Ordinances
appoints certain individuals to serve in the capacity of Judge, Alternate Judge, Court
Administrator, Court Administrator and Court Clerk with terms of office expiring on
January 3, 2007; and
WHEREAS, Council determines it necessary and appropriate to revise Section
1.05 entitled “Appointment of Clerk” of Article I entitled “Municipal Court of Record No.
1” of Chapter 7 entitled “Municipal Court” in order to be consistent with the Charter by
34
revising Section 1.05 to provide for the appointment of a Clerk and Deputy Clerk rather
than appointing such Clerk and Deputy Clerks; and
WHEREAS, Council determines it necessary and appropriate to revise Section
2.01 Entitled “Appointments’ of Article II entitled “Presiding Judge” of Chapter 7 entitled
“Municipal Court” by extending the current term and appointing a Presiding Judge and
Associate Judges for a term of two (2) years with such terms to expire on January 3,
2009.
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.
AMENDMENTS
2.01 Chapter 7, Article I, Section 1.05. Section 1.05 entitled “Appointment of
Clerk” of Article I entitled “Municipal Court of Record No. 1” of Chapter 7 entitled
“Municipal Court” is hereby amended to be and read as follows in its entirety:
“The Town Council hereby provides for the appointment of a Municipal
Court Clerk for the Trophy Club Municipal Court of Record No. 1, who
shall be an employee of the Town, subject to the supervision of the
Presiding Judge. Further, the Town Council hereby provides for the
appointment of such Deputy Clerks as the Council shall determine
appropriate. All Court personnel, excluding the Presiding Judge and
Alternate Judges, shall be appointed by the Town Manager and shall be
either at-will or contract employees of the Town. Except as specifically
provided herein, the Municipal Court Clerk and all other Court personnel
shall be subject to the supervision, direction and control of the Presiding
Judge. The Municipal Court Clerk shall report to the Town Finance
Director for administrative purposes such as employee benefits and the
scheduling of leave. Upon the direction of the Finance Director and
Presiding Judge, acting through the Town’s Human Resources
Department, the Clerk may hire, direct, supervise or remove the personnel
authorized in the Town’s Annual budget. The Municipal Court Clerk shall
appoint a Court Reporter. The Municipal Court Clerk shall perform all
tasks required for the performance of his/her duties, including but not
limited to those duties required by Chapter 30 of the Texas Government
Code, as amended, and all other applicable laws.”
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2.02 Chapter 7, Article II, Section 2.01. Section 2.01 entitled “Appointments” of
Article II entitled “Presiding Judge” of Chapter 7 entitled “Municipal Court” is hereby
amended to be and read as follows in its entirety:
“The Town Council hereby appoints the following individuals to the Trophy
Club Municipal Court of Record No. 1 to serve in the capacity as set forth
below:
Presiding Judge Mark D. Chambers, Jr.
Alternate Judge Warren A. Bradley
Alternate Judge Eric G. Ranslaben
The appointments set forth herein are made subject to and are governed
by the provisions of this Code of Ordinances establishing and regulating
the Trophy Club Municipal Court of Record No. 1, the Texas Government
Code, as amended, and all other applicable state law. The terms of office
for the Presiding Judge and Alternate Judges shall be for a period of two
(2) years, and shall run for the remainder of their current term of office,
which expires on January 3, 2007, through January 3, 2009.”
SECTION 3.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the appointment of Municipal Court personnel and Judges and shall not repeal
any of the provisions of such Ordinances except as specifically provided herein and 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, Section 1.05 of Article I of Chapter 7 of the
Code of Ordinances of the Town of Trophy Club and Section 2.01 of Article II of Chapter
7 of the Code of Ordinances of the Town of Trophy Club are hereby repealed in their
entirety and new Sections 1.05 and 2.01 are hereby adopted.
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
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declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town and by amending the Code of Ordinances to reflect
the changes adopted herein by Council.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 18th day of December, 2006.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.B.4
Consent Agenda: Discuss and take appropriate action regarding a
Resolution directing publication of notice of intention to issue combination
Tax and Revenue Certificates of Obligation Series 2007 for Harmony Park
reconstruction and improvement loan with the payments being funded by
EDC 4A; and authorizing the execution of all necessary documents.
EXPLANATION:
This item was previously approved by Council on November 6, 2006 however the debt
was not tax free for Income Tax purposes. This Resolution will correct this and drop the
rate from 7.5% per annum to 4.5%. See the December 6th memo from Financial
Analyst, Jim Buxton for further explanation. The Resolution and other necessary
documentation was prepared by Bond Counsel.
RECOMMENDATION:
ACTION BY COUNCIL:
(smd/paa)
Attachments: 1. Resolution
2. Memo from Jim Buxton, Financial Analyst
3. Payment Schedule
4. Notice of Intention to Issue Combination Tax and Revenue
Certificates of Obligation, Series 2007
5. Affidavit of Publication
6. EDC Resolution and Contract
7. Ordinance No. 2006-45
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2006-
A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS,
DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION
SERIES 2007; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of Trophy Club deems it advisable to give notice
of intention to issue Combination Tax and Revenue Certificates of Obligation, in the
amount of $474,000 for paying all or a portion of the Town’s contractual obligations for
the purpose of constructing and improving the Town’s Harmony Park and its
improvements, and for paying legal, fiscal, and engineering fees in connection with such
project; and
WHEREAS, it is hereby officially found and determined that the meeting at which
this Resolution was passed, was open to the public and public notice of the time, place,
and purpose of said meeting was given, all as required by Chapter 551, Texas
Government Code.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That attached hereto is a form of the Notice of Intention to issue
Certificates of Obligation, the form and substance of which is hereby adopted and
approved.
Section 2. That the Town Secretary shall cause said notice to be published in
substantially the form attached hereto, in a newspaper of general circulation in said
Town, and published in said Town, on the same day in each of two consecutive weeks,
the date of the first publication thereof to be at least 14 days prior to the time set for the
issuance of such certificates of obligation as shown in said notice.
Section 3. That, this Resolution shall become effective from and after its date of
passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 18th day of December, 2006.
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
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Lisa Ramsey, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
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NOTICE OF INTENTION TO ISSUE
COMBINATION TAX AND REVENUE CERTIFICATES
OF OBLIGATION, SERIES 2007
The Town of Trophy Club does hereby give notice of intention to issue Combination Tax and
Revenue Certificates of Obligation, Series 2007, in the maximum principal amount not to exceed
$474,000, for paying all or a portion of the Town’s contractual obligations for the purpose of constructing
and improving the Town’s Harmony Park and its improvements, and for paying legal, fiscal, and
engineering fees in connection with such project. The Town proposes to provide for the payment of such
Certificates of Obligation from the levy and collection of ad valorem taxes in the Town as provided by law,
and from a pledge of limited surplus revenues of the Town’s Harmony Park, Splash Park Water Pool,
remaining after payment of all operation and maintenance expenses thereof, and all debt service,
reserve, and other requirements in connection with any of the Town’s revenue bonds or other obligations
(now or hereafter outstanding), which are payable from all or any part of the Net Revenues of the Town’s
Harmony Park, Splash Park Water Pool. The Town Council intends to consider for passage an Ordinance
authorizing the issuance of Town of Trophy Club, Texas Combination Tax and Revenue Certificates of
Obligation, Series 2007, at a Regular Meeting to be held at 7:00 p.m. on January 22, 2007 at the Town
Hall, Town of Trophy club, Texas.
Nick Sanders, Mayor
Town of Trophy Club
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.C.1
Public Hearing: Consider a request for Site Plan approval for an
approximate 1.0582 acre tract of land known as the Golf Maintenance
Facility, located directly to the east of the Wastewater Treatment Plant and
south of the Town's northeastern city limit. Applicant: George H. Ballans,
GHB Enterprises, authorized agent for Beck Properties. (SP-06-007)
(kcf)
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PLANNING & ZONING COMMISSION REPORT
TO: PLANNING & ZONING COMMISSION
FROM: KERIN FLECK
MEETING DATE: 18 DECEMBER 2006
SUBJECT: TROPHY CLUB MAINTENANCE FACILITY
SITE PLAN
PURPOSE:
ZONING: To hold public hearing and consider making a recommendation to the
Town Council regarding the approval of a site plan for the Trophy Club Country
Club Maintenance Facility.
APPLICANT: George H Ballans
GHB Enterprises
5124 White Hills Drive
Fort Worth, Texas 76137
EXISTING CONDITION OF THE PROPERTY: The property is currently undeveloped
ADJACENT ZONING/EXISTING LAND USES:
North: Corp of Engineers
South: CR – Golf Course
East: R-12 – Undeveloped Land
West: GU – Wastewater Treatment Plant
STAFF ANAYLSIS: The subject land was approved for zone change from R-12 to CR
in March, 2006.
Tuesday, 5 December 2006, the applicant went before the Zoning Board of Adjustment
for several variances to the zoning requirements in the CR zoning district. After
consideration of each item, the Board approved the following variances:
Minimum Open Space
Landscape Requirements
Design Requirements (Outdoor Storage, Mechanical and Electrical)
Lighting
Off-Street Parking/Loading
Entry Marker/Signage
Service Areas
Fencing
The Trophy Club Country Club is planning to relocate its maintenance facility. The
facility is currently located within the Waters Edge zoning district, and as development
nears, the site must be moved. Due to the use of the property, a site directly abutting
the Treatment Plant to the east was selected for the new maintenance facility location.
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The applicant is not proposing a use intended for the public; access will be limited to
that of club maintenance personnel and will be generally unnoticeable from current and
future public areas.
PLANNING & ZONING COMMISSION: The Planning & Zoning Commission
unanimously recommended approval of the Site Plan at their 7 December 2006
meeting, as presented. (Commissioner Stamos and Commissioner Ashby were not
present for the meeting)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.D.1
Discuss and take appropriate action relative to a request for Site Plan
approval for an approximate 1.0582 acre tract of land known as the Golf
Maintenance Facility, located directly to the east of the Wastewater
Treatment Plant and south of the Town's northeastern city limit. Applicant:
George H. Ballans, GHB Enterprises, authorized agent for Beck Properties.
(SP-06-007)
(kcf)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.D.2
Discuss and take appropriate action regarding a request for Preliminary
Plat approval for an approximate 449.868 acre tract of land legally
described as R. Allen Survey, Abstract No. 5; T. Allen Survey, Abstract No.
7; T. Allen Survey, Abstract No. 8; R. Allen Survey, Abstract No. 17; T.
Calloway Survey Abstract No. 272; J. Henry Survey, Abstract No. 529 and J.
Michael Survey, Abstract No. 820, known as The Highlands at Trophy Club,
Neighborhoods 1,2,5,6&7. Applicant: Carter & Burgess authorized agent of
831 Trophy, L.P. (PP-06-007)
(kcf)
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STAFF REPORT
TO: PLANNING & ZONING COMMISSION
MEETING DATE: 5 DECEMBER 2006
SUBJECT: PRELIMINARY PLAT – THE HIGHLANDS AT TROPHY CLUB
NEIGHBORHOODS 1,2,5,6&7
PURPOSE:
PLATTING: To review and take action on the proposed Preliminary Plat for The
Highlands at Trophy Club Preliminary Plat, Neighborhoods 1,2,5,6&7.
OWNER/DEVELOPER: Mehrdad Moayedi
831 Trophy, L.P.
3901 W. Airport Freeway, Suite 200
Bedford, Texas 76021
ENGINEER/LAND PLANNER: Carter & Burgess, Inc.
7950 Elmbrook Drive
Dallas, Texas 75247
EXISTING CONDITION OF THE PROPERTY: The subject land was rezoned to PD-27
in May, 2006.
ADJACENT ZONING/EXISTING LAND USES:
North: Outside City Limits (ETJ) / Vacant/undeveloped land (Army Corp of
Engineers property)
South: Trophy Club Country Club.
East: Outside City Limits (ETJ) / Vacant/undeveloped land (Army Corp of
Engineers property)
West: PD-15 and Outside City Limits (Marshall Creek) / Single family
residential dwellings (The Lakes in Trophy Club City Limits)
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STAFF REVIEW:
The initial plat was submitted to staff 9 October 2006. Review comments were
forwarded to Carter & Burgess 3 November 2006. Carter & Burgess addressed
the comments and resubmitted the plat 17 November 2006. Below are staff’s
comments for the second submission.
Staff has reviewed the Preliminary Plat and offers the following comments.
Sheet EX6– MASTER SANITARY SEWER EXHIBIT:
1. Add note to sheet that sanitary sewer mains are 8” minimum.
2. 15” Sanitary Sewer Inverted Siphon. This is not a preferred method due to long term
maintenance. Other options to consider at time of final design would be either a low
grade crossing or lift station. Final decision will be made by the MUD at time of final plat.
Sheet P1 – PRELIMINARY PLAT:
1. Call out right-of-way width of Marshall Creek Road West.
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Sheet P8 – PRELIMINARY PLAT:
1. Identify use for property to the east of Trophy Club Drive and south of Marshall Creek
East
Sheet D1 thru D10– PRELIMINARY DRAINAGE AREA MAP:
1. Acceptance of flumes will be approved on a case by case basis. The preference is to
install curb inlets with storm drain and headwalls. If this option creates other issues not
acceptable to the town, the flume will be considered.
Sheet U1 thru U10 - PRELIMINARY WATER & SEWER PLAN:
1. Place note on plans that all water service lines are 1” minimum and sewer service lines
are 4” minimum.
Planning & Zoning Commission:
The Planning & Zoning Commission unanimously approved the Preliminary Plat at their
7 December 2006 meeting, contingent on the above items to be reviewed by staff and
the Town Engineer prior to the Town Council Meeting.
(Commissioner Stamos and Commissioner Ashby were not present for the meeting)
Staff will provide Council with staff and Town Engineer findings prior to Monday night’s
meeting.
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Neighborhood Plan
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.D.3
Discuss and take appropriate action regarding an Interlocal Memorandum
of Understanding with the Texas Department of Public Safety for the use of
office space at the DPS building; and authorizing the Mayor or his designee
to execute necessary documents.
EXPLANATION:
The Highway Patrol has requested to renew the Interlocal Memorandum of
Understanding with the request to place 4 troopers, a Sergeant and one assistant in
Denton County for highway patrol and accident investigations. In lieu of office space
the Texas Department of Public Safety will provide valuable accident investigation
training to our department and a wealth of knowledge and capability to the Trophy Club
Department of Public Safety. They will need only office space, with no long distance
support, computer support or office furniture or supplies.
A representative from Texas Department of Public Safety will be attending the Council
meeting and available for questions.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
Attachments: 1. Memo of Understanding
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”), is entered into as of the day of ___________, 2006 by and
between the Town of Trophy Club (“Owner”) having an address at 100 Municipal Drive, Trophy Club, TX 76262,
and the Texas Department of Public Safety (“DPS”).
Whereas, the DPS has requested the Town allow it to use a certain portion of a building currently utilized by the
Trophy Club Police Department; and
Whereas, the Town Council finds it to be in the best interest of public safety to cooperate with the Texas
Department of Public Safety; and
Whereas, Town Council of the Town of Trophy Club finds that the use of office space within the Trophy Club
Police Department building will provide added law enforcement visibility within the Town which will be beneficial
to the public and desires to enter into an agreement to authorize such use; and
Whereas, the Town Council has determined that the execution of this MOU serves a valid governmental
purpose and is beneficial to the general health, safety and welfare of the public.
Now Therefore, in consideration of the mutual promises, conditions and covenants passing between the parties
hereto, it is understood and agreed by and between the parties to this MOU as follows:
This MOU authorizes the Texas Department of Public Safety, as well as any other personnel that support
and/or audit the Texas Department of Public Safety, to access and/or use Office Space as designated for such
as by the Chief of Police, located at 100 Municipal Drive, in Trophy Club, Texas, including the rights of ingress
and egress to the office space and the right to use common areas such as bathroom facilities and parking
space, to the extent such common areas are not part of the actual office space (“Office Space”).
1. OWNER’S RESPONSIBILITIES
1.1.1. Providing the Texas Department of Public Safety with the means to access the Office Space,
such as the keys and any access codes necessary to enter the Office Space.
2. TEXAS DEPARTMENT OF PUBLIC SAFETY’S RESPONSIBILITIES
2.1.1. Cleaning the Office Space, excluding any common areas.
2.1.2. Providing the necessary furniture and office equipment for the Office Space, excluding any
common areas. DPS shall provide all office supplies necessary for DPS operations.
3. Consideration:
As consideration for the use the Office Space, DPS will provide valuable training and expertise on the
investigation of motor vehicle accidents to the Trophy Club Police Department.
4. TERMS AND CONDITIONS
4.1. Term -The term of this MOU shall be for a period of one (1) year, commencing on the 1st day of
January 2007, and terminating on the 31 day of December 2007. The parties have the option to
renew this MOU for 5 (five) additional terms of 1 (one) year each. Either party may terminate this
agreement upon at least thirty (30) days written notice.
4.2. Title and Scope of Use: The Texas Department of Public Safety shall have no right, title or
interest in the Office Space, except the right to use as detailed herein. However, this MOU only
authorizes the Texas Department of Public Safety to use the Office Space and only imposes the
responsibilities listed in Section#2 above.
4.3. Venue Exclusive venue for any dispute arising out of this MOU shall be Denton County, Texas.
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4.4. Choice of Law – This MOU shall be construed and governed by the laws of the State of Texas.
4.5. Severability Clause – If one or more provisions of this MOU, or the application of any provision
to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the
remainder of this MOU and the application of the provision to other circumstances shall remain
valid and in full force and effect.
4.6. No liability for employees and officers –Each party to this MOU agrees that it shall have no
liability whatsoever for the actions and/or omissions of the other party’s employees, officers or
agents, regardless of where the individual’s actions and/or omissions occurred. Each party is
solely responsible for the actions and/or omissions of its employees, officers and agents;
however, such responsibility is only to the extent required by Texas law and each party
preserves all defenses and liability limitations legally available to it. Where injury or property
damage result from the joint or concurring acts and/or omissions of the parties, any liability shall
be shared by each party in accordance with the applicable Texas law, subject to all defenses,
including governmental immunity and liability limitations legally available. These provisions are
solely for the benefit of the parties hereto and not for the benefit of any person or entity not a
party hereto; nor shall any provision hereof be deemed a waiver of any defenses available by
law. Notwithstanding the foregoing, each third party law enforcement agency or entity providing
peace officers or personnel to assist the Texas Department of Public Safety remain liable for the
actions of its respective employees. These provisions are solely for the benefit of the parties and
not for the benefit of any person or entity not a party to this MOU; nor shall any provision hereof
be deemed a waiver of any defenses available by law.
4.7. Non-assignment – Neither party may assign or transfer this MOU or any interest in this MOU
without the written consent of the other party.
4.8. Modifications or amendments – No modification or amendment to this MOU shall become
effective unless in writing, signed by both parties, and approved by governing bodies as required
by law.
4.9. Non-incorporation - This MOU embodies the entire agreement between the parties. There are
no oral covenants, agreements, representations, warranties or restrictions between the parties
regarding the Office Space.
4.10. Authority: Any individual signing this MOU on behalf of an entity represents and warrants that
he has full authority to do so.
4.11. Notice/Contact - Any notice required or permitted under this MOU shall be directed to the
respective Parties at the addresses shown below and shall be deemed given: (1) when
delivered in hand and a receipt granted; (2) when received if sent by certified mail, return receipt
requested; or (3) when received if sent by confirmed facsimile:
If to the Texas Department of Public Safety:
Captain Michael Lathan
350 West IH-30
Garland, Texas 75043
Office #: 214.861.2155
If to the Town of Trophy Club:
Scott Kniffen
Police Chief
100 Municipal Drive
Trophy Club, TX 76262
Office # 682.831.4655
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Either of the parties may change its address or designated individual(s) to receive
notices by giving the other party written notice as provided above, specifying the new
address and/or individual and the date upon which it shall become effective.
The undersigned parties bind themselves to the faithful performance of this MOU.
FOR THE TEXAS DEPARTMENT OF PUBLIC SAFETY
____________________________
Authorized Signature
____________________________
Title
____________________________
Date
FOR THE TOWN OF TROPHY CLUB
____________________________
Nick Sanders
____________________________
Mayor
____________________________
Date
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Di
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.D.4
Discuss and take appropriate action regarding a License Agreement with
American Society of Composers, Authors and Publishers ("Society"),
ASCAP.
EXPLANATION:
Anytime that music is played in a public setting, we are supposed to be licensed by
ASCAP. This would include special events such as 4th of July and Christmas. It has
also been expanded to the point that if music is played in the background in a public
setting (radio, cd’s, etc.) a license is supposed to be held.
ASCAP and the International Municipal Lawyers Association jointly developed the
license, designed to cover public performances of ASCAP music by local governments
(such as municipalities, towns and counties). A spirit of goodwill marked the
negotiations, with both parties expressing satisfaction that the agreement provides an
efficient and affordable method for local governments to comply with the law while
recognizing the rights of ASCAP’s composers, lyricists and publishers.
Additional information regarding this license may be found at the IMLA website
(www.imla.org).
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Agreement
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.D.5
Discuss and take appropriate action regarding a Resolution authorizing the
Town Manager to initiate a formal request to the Upper Trinity Regional
Water District to begin discussions regarding a second water supply for
the Town.
EXPLANATION:
The Town of Westlake Board of Aldermen passed this Resolution on December 11,
2006.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
(be)
Attachments: 1. Resolution
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TOWN OF TROPHY CLUB
RESOLUTION NO. 2006-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AUTHORIZING THE TOWN MANAGER TO
INITIATE A FORMAL REQUEST TO THE UPPER TRINITY REGIONAL
WATER DISTRICT TO BEGIN DISCUSSIONS REGARDING A
SECOND WATER SUPPLY FOR THE TOWN OF TROPHY CLUB;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Benjamin Franklin once said, “When the well is dry, we know the
worth of water”; and
WHEREAS, clean water is the lifeblood of our nation, our state and our
community; and
WHEREAS, water is what will support the future quality of life and economic
growth of the Town of Trophy Club; and
WHEREAS, the Town of Trophy Club currently purchases 100 percent of the
Town’s drinking water supply from the City of Fort Worth, and is grateful to be a Fort
Worth wholesale water customer; and
WHEREAS, due to drought, waste, and the deteriorating supply of available
ground water being experienced all over the State of Texas, the reliance on potable
water is growing at an alarming rate; and
WHEREAS, current water supplies in the State of Texas are projected to
decrease about 18 percent, from about 17.9 million acre-feet in 2010 to about 14.6
acre-feet in 2060; and
WHEREAS, the demand for water in Texas is expected to increase by 27
percent, from almost 17 million acre-feet of water in 2010 to 21.6 million acre-feet in
2060; and
WHEREAS, in May of 2006, the Board of Aldermen extended an invitation to the
Town of Trophy Club to participate in an historic study to determine the feasibility of
bringing a second water supply to these communities from the Upper Trinity Regional
Water District; and
WHEREAS, the completed study has produced sufficient evidence to support
moving forward to formally request consideration by the Upper Trinity Regional Water
District Board of Directors to allow the Town of Trophy Club to purchase, transport and
store Upper Trinity water thus resulting in a second supply of safe and adequate
drinking water for the Town of Trophy Club.
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NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1: That the Town Manager is immediately authorized and directed to
initiate formal contact with the Upper Trinity Regional Water District to begin discussions
toward this lofty goal.
Section 2. That the Town Manager is further directed to continue the Town’s
partnership with the Town of Trophy Club to pursue the mutual best interests of both
communities by working closely together in this process.
Section 3. That the Town Manager determines any necessary budget
adjustments to support this process and report back to the Town Council for
consideration and action at the earliest possible date.
Section 4. That this Resolution shall become effective upon its passage as
provided by law.
PASSED AND APPROVED ON THIS 18th DAY OF DECEMBER, 2006.
______________________________
Nick Sanders, Mayor of Trophy Club
ATTEST:
______________________________
Lisa Ramsey, Town Secretary
APPROVED AS TO FORM:
________________________________
Patricia Adams, Town Attorney
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.D.6
Discuss and take appropriate action regarding a Resolution repealing
Resolution No. 2001-01 adopting a Board, Commission and Committees
Handbook and adopting a new Municipality of Trophy Club Handbook for
Elected and Appointed Officials.
EXPLANATION:
The changes approved at the November 6, 2006 meeting have been included and are
highlighted.
Per Council’s direction, the section regarding Ethical Conduct has been revised.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Resolution Repealing Resolution No. 2001-01
2. Handbook for Elected and Appointed Officials
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2006-____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, REPEALING RESOLUTION NO. 2001-01 ADOPTING A
BOARD, COMMISSION AND COMMITTEE HANDBOOK AND ADOPTING A
NEW MUNICIPALITY OF TROPHY CLUB HANDBOOK FOR ELECTED AND
APPOINTED OFFICIALS BY IDENTIFYING BOARDS, COMMISSIONS, AND
CITIZEN ADVISORY GROUPS AND PROVIDING RULES AND
PROCEDURES FOR THOSE GROUPS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town benefits by having its citizens involved in local government
through service on Town Boards, Commissions and Citizen Advisory Groups and has
established several boards, commissions and citizen advisory groups that perform
various functions for the Town; and
WHEREAS, on or about January 1, 2001, the Town Council approved Resolution
No. 2001-01 which adopted the “Boards, Commissions and Committees Handbook”
regulating the conduct of various boards, commissions and committees within the Town;
and
WHEREAS, since enacting Resolution No. 2001-01, the Town has changed and
updated its practices and has also adopted a Citizen Advisory Group system in addition
to various Boards and Commissions; and
WHEREAS, in order to create consistency and to accurately reflect current
practices, the Town Council finds that it is in the Town’s best interest to repeal
Resolution No. 2001-01 regulating boards, commissions and committees and to
establish new guidelines and procedures for boards, commissions and citizen advisory
groups to utilize when conducting meetings and when generally performing their duties;
and
WHEREAS, the guidelines established in the “Municipality of Trophy Club
Handbook for Elected and Appointed Officials” (hereinafter “Handbook”) are in addition
to those requirements imposed by the Texas Open Meetings Act and other applicable
state law; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That it is in the best interest of the Town of Trophy Club, Texas, to
adopt the proposed Handbook.
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Section 2. That the Town of Trophy Club, Texas, authorizes the repeal of
Resolution No. 2001-01 and the adoption of the “Municipality of Trophy Club Handbook
for Elected and Appointed Officials” and that a true and correct copy of the Handbook is
attached hereto and incorporated herein as Exhibit “A”.
Section 3. That this resolution shall become effective from and after its date of
passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 4th day of December, 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
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MUNICIPALITY OF TROPHY CLUB
Handbook for Elected and Appointed Officials
EFFECTIVE DATE: 01/01/2007 REVISION DATE/NO: 01/01/2007 -1
This Handbook is applicable to all paid, non-paid and voluntary positions and seats, to
include; Volunteers assisting with Special Event functions, Citizens Advisory Groups,
Committees, Commissions and Boards.
I acknowledge receiving and agree to comply with the policies set forth in the Handbook
for Elected and Appointed Officials.
__________________________________________ _________
Elected/Appointed Official Signature Date
Return this page to the Town Secretary attached the Texas Open Government Training
Certificates where applicable.
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IInnttrroodduuccttiioonn
In order to achieve its goals, The Town of Trophy Club needs the support of dedicated
citizens who volunteer to serve on boards, commissions and citizen advisory groups.
The Town encourages and appreciates citizens with diversity of ideas and backgrounds
to serve as volunteers.
In accordance of 3.08(e) and 4.16 of the Town Charter, the citizens who serve do so
without compensation, they are appointed to serve after indicating their interest through
the proper application process, and the boards and commissions serve at the discretion
of the Town Council. Citizen advisory groups serve at the discretion of the staff liaison
for that group.
Generally, members of each board, commission or citizen advisory group are charged
with researching pertinent projects and with making recommendations to the Town
Council. Members serve in an advisory capacity. The single exception is the Zoning
Board of Adjustment, which has some quasi-judicial duties. The exact duties and
requirements of each board and commission can be found in the section of this
handbook pertaining to that specific group.
The structure of each board and commission consists of members, a chair/president
and a Town staff liaison and a Town staff liaison for an Advisory Group.
BBooaarrddss aanndd CCoommmmiissssiioonnss
At present, the Town of Trophy Club has six appointed boards: Economic Development
Corporation A, Economic Development Corporation B, Zoning Board of Adjustment,
Tree Board, Park Board and the Planning and Zoning Commission.
Economic Development Corporations
The Town has two economic development corporations. Each of these groups submits
an annual budget to the Council regarding the distribution of funds collected from sales
tax designated by voters to be used for economic development and park improvement.
If economic development corporations want to include a new project not listed on the
approved budget, then the economic development corporation will make
recommendations to the Council for approval.
The economic development corporations cannot take action unless a quorum is
present. A quorum is a majority of the voting members of any group. If a group has six
voting members, then at least four members must be present in order for action to be
taken.
Minutes of all meetings will be taken by the staff liaison.
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The Zoning Board of Adjustment (ZBA)
The ZBA is a body that approves special exceptions to the Comprehensive Zoning
Ordinance (CZO) consistent with the general purpose and intent of the CZO and in
accordance with any state law and applicable rules contained in the Ordinance.
When acting in this capacity the ZBA is quasi-judicial. Appeal of a ZBA decision is to a
district court. The ZBA has five regular members and four alternate members serving
two-year terms. Four of five voting members (regular or alternate) must be present to
conduct business. No agenda item may be approved unless four positive votes are
cast.
Minutes of ZBA meetings will be taken by the group’s staff liaison.
Tree Board
The Tree Board exists to care for the Trees in our beautiful town. The board is a group
of concerned volunteers charged by ordinance with developing and administering a
comprehensive tree management program. The board focuses on trees in public areas
such as parks and medians.
Methodology
• enforcement of tree ordinance
• educational opportunities for citizens
• development of comprehensive tree management program
• Arbor Day to celebrate the importance of trees
Projects
• Arbor day planning and education
• Wildflower planting
• Comprehensive tree care and management program
Tree Brochure to provide recommended species, planting and care tips
• Tree Town USA - qualification and application to be completed annually
The Tree Board meets six to eight times a year, as needed. Announcements will be
posted to the Town calendar.
Park Board
The Board exists to allow residents to play a more active role and to provide direct
citizen input to the Parks and Recreation Director for the development of parks and
recreational facilities with the Town.
Methodology
• advisory capacity to council
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• advisory capacity to parks and recreation director
• study and development of recreation areas
• advise and recommend the development of long-range capital
improvement programs
• cooperate with other governmental agencies, civic organizations and all
citizens of the Town in the advancement of sound parks and recreation
planning and programming
• recommend to Town Council amendments to the Parks and Recreation
Ordinance
• annual reports to Town Council
• review and recommend proposed budget for the parks and recreation
department
• adopt and recommend additional rules to Council as necessary
Projects
• recommend standards for areas, facilities, programs and financial support
• review the master planning guide and become familiar with such plan
• solicit grants
• develop and recommend written policies and procedures to Town Council
Planning and Zoning Commission
The Town currently has one commission; the Planning and Zoning Commission plans
and makes recommendations to the Town Council for the orderly growth, development,
and welfare of the Town.
A commission may not take action unless a quorum is present. A quorum is a majority
of the voting members of any group. If a group has six voting members, then at least
four members must be present in order for action to be taken.
Minutes of all meetings will be taken by the group’s staff liaison.
AApppplliiccaanntt RReeqquuiirreemmeenntt ffoorr BBooaarrddss oorr CCoommmmiissssiioonnss
Applicants for boards or commissions must be a registered voter and a resident for six
months. Boards and Commission members must be a Trophy Club resident for at least
six months as well as a registered voter prior to their appointment. With the exception
of the Planning and Zoning Commission, Zoning Board of Adjustment and the Economic
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Development Boards, based upon good cause shown, Council may waive the voter
registration requirement for a person appointed to a Board, Commission, or Citizen
Advisory Group that does not make recommendations for Council approval. The
technical expertise of applicants may be a consideration in gaining appointment.
VVaaccaannccyy PPoossttiinngg,, AApppplliiccaattiioonn,, IInntteerrvviieeww aanndd AAppppooiinnttmmeenntt
PPrroocceessss
The following is the Vacancy Posting, Application, Interview and Appointment process
for Economic Development Corporation A, Economic Development Corporation B,
Zoning Board of Adjustment, Tree Board, Planning and Zoning Commission and
the Parks and Recreation Board.
Posting Process
The Town Secretary will ensure that annual appointments for Boards & Commissions
are posted in the month of June to:
• Announced in the Town Newsletter, a newspaper published by the Town
• Posted on the marquees on Trophy Club Drive, Trophy Lake Drive and Trophy
Wood Drive)
• Posted on cable’s public information Channel 7
• Posted on the Town’s Web page at: www.ci.trophyclub.tx.us
The Town Secretary will also:
Notify each member whose term is expiring requested that the complete and Request
for Reappointment Form and return by the prescribed time.
Application Process for Annual Appointments
Applications will be accepted each year in July.
Members seeking reappointment must submit their desire in writing to the Town
Secretary and Town residents who are interested in a position may request an
application at the Town office. The completed application shall be submitted to the
Town Secretary to be forwarded to the Board and/or Commission staff liaison.
Interview Process
Interviews will occur each year in August.
Staff liaisons will be responsible for scheduling interviews for each candidate who
submits an application for their respective Board and/or Commission. The Board and/or
Commission Chairman will make their group’s recommendation to Council for
appointment. The recommendation from the Board is advisory, and Council shall make
the final determination regarding appointment. When possible the Board and/or
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Commission’s recommendations will exceed the number of open seats to allow the
Council to make appointments to fill vacancies due to resignations, within that current
year.
Mid-Term Vacancy
When a member of a Board or Commission resigns midterm, the Staff Liaison will
obtain a letter of resignation from the member and will forward to the Town Secretary.
In cases where applications exceeding the number of open seats were received during
the Annual Appointment process, applicants who were not appointed during the annual
appointment process will be considered first.
The Town Secretary will confirm those applicant’s continued interest and then forward
the previously submitted application to the Town Council for review and consideration
for appointment.
In cases where applications did not exceed the number of open seats during the Annual
Appointment process the vacancy will be posted.
The Town Secretary will ensure that the vacancy is posted:
• on the marquees on Trophy Club Drive, Trophy Lake Drive and Trophy Wood
Drive for a period of at least 3 days, or as time allows;
• on cable’s public information Channel 7 for a period of two weeks; and
• on the Town’s Web page at: www.ci.trophyclub.tx.us, for a period of two weeks.
Members appointed to fill vacancies serve out the remainder of a predecessor’s term.
Appointments Process
Appointments will occur each year in September.
Council Appointments will occur each year in September for the new terms to begin in
October.
Term Lengths
Members serve two-year terms on Economic Development Corporation A, Economic
Development Corporation B, Zoning Board of Adjustment, Tree Board and the Planning
and Zoning Commission.
Members serve three-year terms on the Park Board.
Terms are staggered, with the Council making annual appointments to replace
members whose regular terms expire in any given year.
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Maximum number of Appointments
Two appointed Boards and/or Commissions is the maximum number that a person may
serve on at one given time.
Open Government Training
Effective January 1, 2006, elected and appointed public officials are required by a new
state law to receive training in Texas open government laws. The Office of the Attorney
General offers free video training courses, which were developed in compliance with a
mandate from the 79th Texas Legislature. The Attorney General established the formal
training necessary to ensure that all elected and appointed government officials have a
good command of both open records and open meetings laws.
Each elected or appointed official who is a member of a governmental body subject to
the Open Meetings Act or the Public Information Act must attend training. Additionally,
employees who serve as a governmental body's designated public information
coordinator are required to complete the Public Information Act training course.
Officials who are in office before January 1, 2006 have one year until January 1, 2007
to complete the required training. Officials who are elected or appointed after January
1, 2006 have 90 days within which to complete the required training.
Staff Liaison's from the individual groups requiring the training will be responsible to
ensure that all members of their group receive the training. Training CDs are available
in the Town Secretary’s office or may be obtained online at:
http://www.oag.state.tx.us/media/videos/play.php?image=2005openrecords&id=150
Certificates of completion need to be maintained by the member's governmental body
and made available for public inspection upon request. The member will need to
confirm that they have received the training, by completing the appropriate certificate of
completion, witnessed by the staff liaison. Once signed,
please forward the original Certificate to me to be kept in permanent records.
More information on Open Government maybe obtained online at the Texas Attorney
General’s Office. (http://www.oag.state.tx.us)
Nepotism
A Board Commission or Chair/President chair cannot be a relative of the Mayor or a
Council Member, as defined herein. On any given Board and/or Commission, only one
member can be a relative of a Council Member. A person is a relative if he/she is
related in the first degree by consanguinity (blood) or by affinity (marriage).
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Members of the Economic Development Corporation, Zoning Board of adjustment or
Planning and Zoning Commission cannot be related to a Council member.
Guidelines for Members
All members of boards and or commissions have specific duties and responsibilities.
All members of boards and or commissions are expected to participate in formal and
informal training sessions.
Many Boards and commissions deal with technical issues that can require a foundation
of certain knowledge that must be updated from time to time. The Town will provide
reasonable opportunities for members to acquire and keep current in these training
efforts. Members are expected to participate.
Regular attendance
Effectiveness as a member requires regular attendance. Should a member of a Board
and/or Commission fail to attend three consecutive regular meetings without being
excused by the Board and/or Commission, his/her office may be declared forfeited by
that Board and/or Commission. A member who is unable to attend a meeting shall
notify the staff liaison of his/her inability to attend the meeting and shall provide an
explanation of the conflict or other reason that prevents his/her attendance. Notice to
the staff liaison shall be provided as soon as practicable after the member becomes
aware that he/she will be absent.
It is particularly important that all members attend briefing sessions and work sessions
prior to formal meetings so as to promote effective and efficient meetings. If a member
finds difficulty in maintaining regular attendance, it is suggested that the member
consider whether he/she has sufficient time to be an effective member. It is the
responsibility of a member in this position to initiate a discussion with the chair
/president or staff liaison about attendance.
The chairman of the Board and/or Commission is to maintain a charted attendance
record for all members. If attendance becomes an issue, the staff liaison will attempt to
secure a written resignation.
The staff liaison is responsible for submitting periodic reports to the Town Council on
behalf of Board and/or Commission progress and members attendance.
Adequate advance preparation for meetings
Members should study the agenda and all support information provided by the staff prior
to each meeting. When a specific property or facility is to be discussed, individual site
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visits are encouraged. However, it is inappropriate for a member to initiate an
“individual investigation” of an issue such as interviewing an applicant. Each member
deserves equal access to all information pertinent to the issue at hand. As a result, if
additional investigation of an issue is required, it is the responsibility of the staff to
conduct such investigation and report back with the results to the full membership of the
group.
Avoidance of contacts and individual discussions
It is not uncommon for applicants, opponents, or their representatives to approach
individual members to solicit support or disapproval of a pending issue. These
individual contacts should be avoided. It is the policy of the Town that all members of a
board and/or commission deserve equal access to all information and that any
statement relevant to an issue should be made in an open meeting for the benefit of all
the participants.
Requests for sponsorships/donations/agreements with vendors
Members do not have the authority when asking for donations or making agreements
with vendors to give the impression that they are acting as an agent for the Town.
Furthermore, commission and board members are not permitted to obligate any Town
funds or enter any agreements without prior written approval of the Town Manager or
the Manager’s designee.
Defining and Responding to Conflicts of Interest
Members of boards and/or commissions are subject to provisions of Chapter 171 of the
Local Government Code, pertaining to conflicts of interest. A conflict of interest exists if
a person has a substantial interest in a business entity or an interest in real property
affected by an action.
A “substantial interest in a business entity” is defined as 1) ownership of 10 percent or
more of the voting stock or shares of the business entity or owns either 10 percent or
more or $15,000 or more of the fair market value of the business entity, or 2) funds
received by the person from the business entity exceed 10 percent of the person’s
gross income for the previous year.
A person has a “substantial interest in real property” if the interest is an equitable or
legal ownership with a fair market value of $2,500 or more. A local public official is
considered to have a substantial interest if a person related to the official in the first
degree of consanguinity (blood) or affinity (marriage) has a substantial interest as
described above. If a member has a conflict of interest in a matter, that person can
obtain from and file with the Town Secretary an affidavit stating the nature and extent of
the interest and shall abstain from any action or discussion of the matter creating the
conflict. In cases where a conflict of interest is declared, members should physically
leave any meeting while any item causing said conflict is discussed.
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Effective Meetings
All members of boards, commissions and committees should familiarize themselves
with the elements of a successful meeting.
These include:
• Having a purpose for the meeting;
• Giving adequate notice; Public notice when required;
• Preparing for the meeting in advance;
• Preparing an agenda;
• Allowing for appropriate participation from all parties;
• Selecting an appropriate meeting place;
• Determining the outcome or results of the meeting; and
• Keeping an accurate record of all proceedings;
1. Keeping discussion focused on items listed on the agenda.
Members should avoid common mistakes that can make meetings unproductive,
including but not limited to:
• Lack of control at the meeting, appearing unfair, being unable to bring issues to a
vote and wasting people’s time.
• The staff and Chair are responsible for compliance with the Texas Open
Meetings law.
Meetings of all boards, commissions and committees are open to the public.
Prior to initiating a closed or “Executive Session,” the staff liaison and chair shall receive
approval from the Town Manager and Town Attorney.
Prior to any meeting, the chair and staff liaison shall prepare an agenda describing
actions to be taken by the group. The agenda shall be prepared in a format approved by
the Town Attorney and shall be posted on the front glass display area of the Municipal
Utility District Building in accordance with state law at least 72 hours prior to the
meeting.
The prescribed order of a meeting should be:
Approval of minutes from prior meeting; public hearings; recognition of visitors; new
business; old business; and recess and adjournment.
Prior to the meeting, the staff shall prepare and distribute complete and accurate
information pertaining to any action being requested of the board, commission or
committee. Some action items require public hearings, and advance communication
shall be established with the Town staff to ensure that the hearings are properly
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advertised as required by law. Any public notice of a board, commission or committee
meeting that is required by law must be prepared and advertised by Town staff.
The chair or staff liaison shall arrange for an appropriate meeting location. Said location
should include proper lighting, voice, temperature control, adequate facilities and
seating for the anticipated audience participation, and facilities for display of information.
The chair shall allocate sufficient time for both applicants and opponents of an issue to
present their information. Regardless of whether a contemplated issue is listed as a
public hearing item or not, interested parties should be given a reasonable opportunity
to present their information and opinions, unless the group is meeting in a workshop
session. The chair must allocate and manage the time to be allotted and shall use
discretion based upon the agenda and other factors. It is appropriate for the chair to
ask persons to refrain from repeating information.
The chair shall endeavor to see that all persons attending or participating in meetings
are treated with respect and dignity. All members must refrain from prejudicial or
stereotypical comments. All members must refrain from questioning that takes the form
of “badgering” or “debating” with those providing testimony.
All members need to be cautious of publicly representing their positions beyond the
scope of the business at hand. The official position of the Town shall only be
represented by Town staff as established by the Town Council.
Conduct in meetings
Board and/or Commission members should act in a professional manner. If a resident
visits a meeting and presents a complaint to the Board and/or Commission at a meeting
the information should be taken and referred to staff to reply to the resident.
Rules of Decorum
Recognition by Chairman: No person shall address the Board and/or Commission
without first being recognized by the Chairman.
Order: While the Council is in session, the members must preserve order and decorum,
and a member shall neither, by conversation or otherwise, delay or interrupt the
proceedings or the peace of the Town Council nor disturb any member while speaking
or refuse to obey the orders of the Chairman/Mayor. Members of the Town Council
shall not leave their seats during a meeting without first obtaining the permission of the
Chairman/Mayor.
Chairman May Debate and Vote: The Chairman may move only to such limitations of
debate as are the rights and privileges of a member by reason of his acting as the
Chairman. If the Chairman is engaged in debate and is abusing his position as
chairman, at the insistence of any three members, the Chairman member must
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relinquish the chair in accordance with provisions of Robert’s Rules of Order Newly
Revised.
Getting the Floor, Improper References to be Avoided: Every member desiring to speak
shall address the chair, and upon recognition by the Chairman shall confine
himself/herself to the questions under debate, avoiding all personalities and
inappropriate language.
Interruptions: A member, once recognized, shall not be interrupted when speaking
unless it be to call the member to order, or as herein otherwise provided. If a member,
while speaking, is called to order, the member shall cease speaking until the question of
order be determined and, if in order, the member shall be permitted to proceed.
PARLIAMENTARY MOTIONS AND PRECEDENCE
Requires 2nd
Debatable
Amendable
A Majority Vote
of Those Present
1. To adjourn Yes No No Yes
2. To take a recess Yes No Yes Yes
3. To commit, refer, or
recommit to committee
Yes Yes Yes Yes
4. To amend Yes Yes Yes Yes
5. To amend an amendment Yes Yes No Yes
6. To postpone indefinitely Yes Yes No Yes
7. To table Yes No No Yes
8. Calling the question No No No Yes
9. Objecting to consideration
of a question
No No No 2/3
Resignations
When a board and/or commission member resigns, a letter of resignation should be
submitted to the Commission and/or Board Chairman. The chairman will forward the
letter to the staff liaison who will then forward on to the Town Secretary.
Freedom of Expression
All citizens should feel free to express their opinions in an appropriate and professional
manner. Members of commissions, and boards which are required by law to make
judgments and/or render decisions relative to issues that are presented to them must
act fairly and equitably, as well as maintain a perception of fairness and equality and
must refrain from interjecting their own personal bias. Should questions or concerns
relative to fairness and/or personal bias issues arise, the appropriate chair or staff
liaison must implement the necessary steps to settle the issue(s) equitably. If the
chair/president or staff liaison cannot remedy the issue, the Town Manager is consulted
for resolution. In the event that the issue(s) cannot be resolved satisfactorily, the
issue(s) must be presented to the Town Council for final settlement.
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RReessppoonnssiibbiilliittiieess ooff tthhee CChhaaiirr
Each board and/or commission group shall have a chair/president. A Board and/or
Commission at the Council’s discretion may be asked to make a recommendation for a
chair with the final determination left to the Council. The chair should have some
experience as a member of the group. The Planning and Zoning Commission’s chair
will be determined entirely by the Council.
The chair must act as the “leader” and take responsibility for the group’s efficient and
meaningful operation. The chair must ensure that roles are clearly spelled out,
meetings are efficiently conducted and necessary information is readily available, which
helps create a good working environment.
The chair should manage the meeting to ensure that:
• A few members do not monopolize discussion or questions
• Appropriate time is taken for presentation and discussion
• Dialogue and interactions are maintained in a courteous and professional
manner
• Minutes of each Board and Commission meeting are taken and maintained by
the staff liaison
• Staff is treated with respect by members at all times
• Discussion is limited to those items on the agenda, provided however that the
Chair/president or staff liaison may place any such item not posted on a future
agenda for discussion
• All commission and board meetings are to be taped
The chair/president must ensure that effective communication exists between Board
and/or Commission, Council, staff and the public. This requires frequent interaction with
the staff assigned to support the Board and/or Commission. The chair is responsible for
ensuring that that the staff liaison is efficient in providing requested technical assistance
and information to members. This includes helping to develop appropriate rules and
procedures for the group in order to complete its duties. It also requires preparation of
proper meeting notices and agendas, gathering and relaying pertinent information in a
timely fashion to members and providing support at meetings. If the staff liaison is not
effectively operating in this manner, the chair should first discuss the issue with the
appropriate department manager. If satisfactory results are not achieved, the chair
should next contact the Town Manager.
It is the responsibility of the chair to be mindful of the attendance, actions, and activities
of individual members as well as to discuss with these members any deviations from the
rules. The chair or designated representative of the committee is responsible for
making an oral monthly report to the Town Council regarding the activities of his/her
group.
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The chair is responsible for communicating to the staff liaison any requests that need to
be placed on the Town Council agenda for consideration. The staff liaison will submit
an agenda request for the Town Council after being directed to do so by the chair.
The chair, Council liaison and staff liaison will define the scope, objectives and criteria
for completion of any project to be undertaken by the group. This should be done prior
to the initiation of the project.
The chair oversees any required financing of special events planned by the group. Any
group that schedules special events requiring funding must prepare a budget, submit it
to the Director of Finance and complete a recap summary of the actual expenditures. It
is the responsibility of the chair to ensure that this is done. A budget estimate must be
included as part of the Town annual budget. The recap must be submitted no more
than 30 days after the event. When donations for special events are requested from
sponsors, it must be made clear to the sponsor that the donation is being asked for on
the committees’/events’ behalf.
The chair must regulate any communication between members of the Board and/or
Commission and vendors to ensure members of the group in no way obligate the Town
to the expenditure of funds.
Responsibilities of the Staff Liaison
A member of the town staff will be assigned to each commission, board or committee.
The staff member does not assume the responsibility or task of the group. Rather, the
staff member provides information that group members need to perform their
obligations. The staff member also serves as a communication link between members
of the group and the Town staff.
The staff liaison helps promote coordination and understanding by collecting the ideas
and goals of members.
The staff member may also:
• Assist the chair in the formulation of the agenda and ensure that presentations to
the members are timely and adequate;
• Prepare agenda requests for Council meetings;
• Assist members in planning and preparing presentations;
• Assist members in understanding community issues and how those issues may
vary from neighborhood to neighborhood;
• Provide clerical support as needed;
• Develop agenda, take minutes and maintain minutes for public record; and
• Must ensure that all meeting needs, including location, are properly reserved and
provided.
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CCIITTIIZZEENN AADDVVIISSOORRYY GGRROOUUPPSS
Each citizen advisory group has a specific purpose as explained by the group’s mission
statement, and members work on a variety of projects and make recommendations to
the Town Council regarding their group’s specific area
through their staff liaison.
Members of most citizen advisory groups serve one-year terms. The only exceptions
are members of the Utility Franchise Committee and the Ways and Means Committee,
who serve two-year terms.
Consistent with Resolution 2003-43, which passed on November 17, 2003:
• Citizens Advisory Group System will be utilized for those groups identified in the
organizational chart attached hereto and incorporated herein as Exhibit “A”, and
all other commissions and boards shall continue to exist and function under the
current Board and Commission System; and
• Citizens Advisory Group System shall be structured in accordance with Exhibit
“A”, and shall be implemented and conducted in accordance with an
implementation plan developed by Staff and approved by Town Council;
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Advisory Group Implementation
• Current committee members move to the newly established Advisory Groups
• Attrition will be used to reduce the committees to the recommended 5 members
• Staff administrators with guidance of their advisory groups will determine their
regular meeting schedule with at least two publicly scheduled meetings a year.
Other meetings may be held by phone, e-mail, or in person as needed
• Application process will remain the same with inquiries on vacancies going
directly to the Town Secretary for distribution to the appropriate staff
administrator for the interview and selection process.
• Additional criteria will be added to the performance reviews of staff administrators
to ensure the effective utilization of the advisory groups.
• Staff administrator in conjunction with the Advisory Group will give biannual
reports to the Council on the status of operations and programs of the advisory
groups.
After the first year, all the Advisory Group participants will be asked to complete a
survey that evaluates the system including areas such as effectiveness of
communication, accomplishments of the groups and weaknesses of the system. This
information will be used to determine what if any changes need to be made to make the
system more effective.
Member Responsibilities
• Review, Discuss, Analyze and Recommend Items to Staff Administrator for
Town Council Consideration
• Request Item(s) To Be Added to the Group Meeting Agenda
• May Be Requested to Participate in Special Assignments and Projects
• May Be Requested to Assist Other Citizens Advisory Groups
• Participates in Presentations at Workshops, Town Council and Town Hall
Meetings
• Member May Be Appointed Acting Chairperson in the Absence of the Staff
Administrator
Staff Administrator Responsibilities
• Establishes a Citizens Advisory Group Not To Exceed Five (5) Core Members
• Interviews, Selects and Replaces Individuals for the Citizens Advisory Group
• Responsible for Planning, Scheduling and Conducting Meetings on a Consistent
Basis
• Prepares Citizens Advisory Group Meeting Agenda
• Staff administrators will be responsible for publicizing advisory group vacancies
via the website, ListServe, marquees and newsletter
• Provides Appropriate Orientation for Advisory Group Members
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• Presents Items to the Town Council for Action
• Town Council Reviews, Discusses and Votes to Approve or Disapprove
Recommended Items
• Communicates Citizens Advisory Group Activities to the Community
• Schedules, Conducts and Participates in Semi-Annual Town Hall Meetings
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Town of Trophy Club Code of Ethics and Conduct
For Town Elected and Appointed Officials
Statement of Purpose
The Citizens and the businesses of the Town of Trophy Clubare entitled to have fair,
ethical and accountable local government which earns the public’s full confidence for
integrity. The strong desire of the Town to fulfill this expectation therefore requires that
the Town officials, both elected and appointed:
• Comply with both the letter and sprit of the laws and policies affecting the
operations of government;
• Be independent, impartial and fair in their judgment and actions; and
• Use their respective office or position for the public good, not for the personal
gain.
To this end, the Town Council has adopted this Code of Ethics and Conduct for Town
officials in order to assure public confidence in the integrity of local government and its
effective and fair operation.
Definitions
The following words, terms and phrases, when used in this section, shall have the
following meanings subscribed to them:
Business. A corporation, partnership, sole proprietorship, firm, holding company, joint
stock company, receivership, trust or any other for profit or non-profit entity.
Town Council. The legislative and governing body of the town consisting of the mayor
and council members.
Town Official. Any member of the Town Council and any appointed member of a Town
board, commission, committee or citizens advisory group set up by ordinance,
resolution, charter, state law or otherwise, on a temporary or permanent basis.
Employee. Any person employed by the Town, including those individuals on a part-
time basis, including independent contractors hired by the Town for repetitive
performance of services, but no independent contractors engaged for occasional
services.
Nepotism
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Nepotism is showing favoritism toward a relative. The practice of hiring personnel or
awarding contracts which favor a relative is prohibited by the Town. Exclusions to this
prohibition are:
a. Employees who have been continuously employed by the Town for more than
two years prior to the election or appointment of the official.
b. Individuals who are employees of the Town as of the effective date of this policy.
1. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern, Town
officials shall work for the common good of the people of the Town of Trophy Club and
not for any private or personal interest, and they shall assure fair and equal treatment of
all persons, claims and transactions coming before the Town Council, boards,
commissions, committees and advisory groups.
2. Comply with the Law
Town officials shall comply with the laws of the nation, the State of Texas, and the Town
of Trophy Club in the performance of their public duties. These laws include, but are not
limited to: the United States and Texas Constitutions; laws pertaining to conflicts of
interest, election campaigns, financial disclosures, employer responsibilities, and open
processes of government; and Town ordinances, resolutions and policies.
3. Conduct of Town Officials
The professional and personal conduct of Town officials must be above reproach and
avoid even the appearance of impropriety. Town officials shall refrain from abusive
conduct, personal charges or verbal attacks upon the character or motives of other
Town officials and employees, boards, commissions, committee and citizen advisory
group members and the public.
4. Respect for Process
Town officials shall perform their duties in accordance with the processes and rules of
order established by the Town Council and boards, commissions, committees and
citizen advisory groups governing the public deliberation of public policy issues,
meaningful involvement of the public, and implementation of policy decisions of the
Town Council by Town staff.
5. Conduct of Public Meetings
Town officials have an obligation to attend meetings and to be prepared for public
issues; to listen courteously and attentively to all public discussions before the body;
and to focus on the business at hand. They shall refrain from interrupting other
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speakers, making personal comments not germane to the business of the body, or
otherwise interfering with the orderly conduct of meetings.
6. Decisions Base on Merit
It is expected and required that Town officials review material, participate in discussion
and base their decision on the merits and substance of the matter at hand.
7. Communication
Prior to permitting final action on a matter under consideration Town officials shall
publicly share substantive information, which they may have received from sources
outside the public decision-making process, that is relevant to such action by the
Council, boards, commissions, committees or citizens advisory groups.
8. Conflicts of Interest and Disclosure
Town officials shall familiarize themselves and abide by the following conflicts of interest
and disclosure statutes and principles:
a. Chapter 171 of the Local Government Code which requires a member of
the governing body or another office, whether elected, appointed, paid or
unpaid, of any municipality
to file an affidavit disclosing a substantial interest in a business entity or
property that would be beneficially affected by a decision of the governing
body or of any other board or commission upon which the member serves
and thereafter to abstain from participation in discussion and voting on the
matter. Once the disclosure is made the Town official is to remove
themselves from the meeting area to ensure their presence does not
hinder the discussion of the item or influence the vote.
b. Section 176 of the Local Government Code which requires Town Council
members and the Town Manager to file a conflicts disclosure statement
disclosing any business relationship with a person or business doing
business with the Town or being considered by the Town for a business
relationship.
c. Section 176.003(a)(2)(B) of the Local Government Code which requires
the disclosure of gifts of an aggregate value of more than $250.00 in the
twelve (12) month period preceding the date that a local government
officer becomes aware of a transaction described in Section 176, other
than gifts of food, lodging, transportation, or entertainment accepted as a
guest.
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d. Sections 553.001-553.003 of the Government Code which requires the
filing of an affidavit before the date the Town will acquire a property in
which public servants have a legal or equitable interest.
e. In order to assure their independence and impartiality on behalf of the
public good, Town officials are prohibited from using their positions to
influence government decisions in which they have a personal interest.
9. Corruption
Town officials shall familiarize themselves with and abide by the Texas Penal Code
mandates concerning corruption, including without limitation, Section 36.02 prohibiting
receipt of prohibited gifts, Section 39.02 concerning abuse of official capacity and
Section 39.06(a) concerning misuse of official information and all other applicable state
laws regulating or related to public service .
10. Political Advocacy
Town officials shall not utilize the Town’s name or logo for purposes of endorsing any
political candidate or business.
11. Confidential Information
Town officials shall respect the confidentiality of information concerning Town property,
personnel or proceedings of the Town. They shall neither disclose confidential
information without proper legal authorization, nor use such information to advance their
personal interests.
12. Use of Public Resources
Town officials shall not use public resources generally unavailable to the public, such as
Town staff time, equipment, supplies or facilities, for private gain or personal purposes.
13. Representation of Private Interests
In keeping with their role as stewards of the public interest, Town officials shall not
appear on behalf of private interests of third parties before the Council or any board,
commission, committee, or proceeding of the Town.
14. Advocacy
Town officials shall represent the official policies or positions of the Town Council,
board, commission, committee or advisory group to the best of their ability when
designated as delegates for this purpose. When presenting their individual opinions and
positions, Town officials shall explicitly state that they do not represent their body or the
Town of Trophy Club, nor will they allow the inference that they do.
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15. Policy Role of Town Officials
Town officials shall respect and adhere to the Town of Trophy Club governmental
structure as outlined in the Town’s charter, policies and procedures. In this structure,
the Town Council determines the policies of the Town with the advice, information and
analysis provided by the public, boards, commissions, committees, advisory groups and
Town staff. Except as provided by Town ordinance, Town officials therefore shall not
interfere with the administrative functions of the Town or the professional duties of the
Town staff; nor shall they impair the ability to staff to implement Council policy
decisions.
16. Independence of Boards, Commissions, and Committees
Because of the value of the independent advice of boards, commissions, committees
and advisory groups to the public decision-making process, Town officials shall refrain
from using their position to influence unduly the deliberations or outcomes of board,
commission, committee, and advisory group proceedings.
17. Positive Work place Environment
Town officials shall support the maintenance of a positive and constructive work place
environment for Town employees and for citizens and businesses dealing with the
Town. Town officials shall recognize their special role in dealing with Town employees
and refrain from creating the perception of inappropriate direction to staff.
18. Implementation
As an expression of the standards of conduct for the Town officials expected by the
Town, the Trophy Club Code of Ethics and Conduct is intended to be self-enforcing. It
therefore becomes most effective when Town officials are thoroughly familiar with it and
embrace its provisions. Ethical standards shall be included in the regular orientations for
candidates for Town Council, applicants to boards, commissions, committees, and
advisory groups, and newly elected and appointed Town officials. Town officials
entering office, including those appointed to boards, commissions, committees and
advisory groups shall sign a statement affirming they have read and understood the
Town of Trophy Club Code of Ethics and Conduct and agree to be bound by its terms.
In addition, the Code of Ethics and Conduct shall be reviewed periodically by the Town
Council, boards, commissions, committees, and advisory groups, and the Town Council
shall consider recommendations from boards, commissions, committees, advisory
groups, employees, and citizens for revision as it becomes necessary.
19. Compliance and Enforcement
The Town of Trophy Club Code of Ethics and Conduct expresses standards of ethical
conduct expected for Town officials of the Town of Trophy Club Town Council, boards,
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commissions, committees, and advisory groups. Town officials themselves have the
primary responsibility to assure that ethical standards are understood and met, and that
the public can continue to have full confidence in the integrity of government. The chairs
of boards, commissions, and committees and the Mayor have the additional
responsibility to intervene when Town officials’ actions appear to be in violation of the
Code of Ethics and Conduct and are brought to their attention. The Town Council may
impose sanctions, such as reprimand, formal censure, or loss of appointment, on Town
officials whose conduct does not comply with the Town’s ethical standards. The Town
Council also may act to remove members of boards, commissions, and committees
from office in accordance with the procedures and subject to the limitations set forth in
Section 20 if this policy. The Town Council finds and determines that the ethics and
standards of conduct contained in this Handbook are necessary and appropriate in
order to serve the legitimate goal of orderly governance, integrity, and public confidence
in government.
20. Procedure for Enforcement.
Upon good faith belief that a Town official has violated any term or provision of this
Handbook for Elected and Appointed Officials, a party having such good faith belief that
a violation has occurred and wishing to initiate a formal review of the alleged violation
shall file a written complaint with the Town Secretary. The written complaint shall
contain 1) the name of the complaining party (hereinafter “Complainant”); 2) the name
of the party against whom the complaint is being filed (hereinafter “Respondent”); 3) the
specific sections of this Handbook allegedly violated; 4) Specific dates, times, locations
and other facts evidencing the alleged violations; and 5) any documentation evidencing
that a violation of the Handbook occurred.
Upon receipt of a written complaint meeting all of the requirements set forth in the
preceding paragraph, the Town Secretary shall place the complaint on the next
available regular Council meeting agenda for which posting requirements may legally
and procedurally be met. Alternatively, if the complaint does not meet all of the
requirements set forth in the preceding paragraph, then the Town Secretary shall notify
the Complainant in writing of the nature of the deficiency and no further action by the
Town Secretary or Council shall be necessary. Once placed upon the Council agenda,
the scope of the Council review shall be limited to a determination of whether the
complaint on its face presents a violation of this Handbook for which sanctions, such as
reprimand, formal censure, or loss of appointment would be appropriate in order to
serve the legitimate goal of orderly governance, integrity, and public confidence in
government. Upon a majority vote of Council that the complaint merits further review
and investigation, an item shall be placed on the next available regular Council meeting
agenda for which posting requirements may be legally and procedurally met.
Additionally, upon majority vote, the Town Council may specify any and all individual
items of grievance from the Complaint that merit such review and investigation and that
will be considered by the Council at a subsequent hearing on the matter. At least seven
(7) days prior to the hearing date, the Town Secretary shall notify the Respondent in
writing of the date, time and place at which the Council will conduct a hearing on the
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merits of the alleged complaint, and if Council has by majority vote specified individual
items for review and investigation at the hearing, such notice shall advise the
Respondent of the scope of the hearing. Alternatively, if upon review of the complaint
on its face a majority vote of Council determines that further review and investigation is
not warranted, then the Complainant shall be notified in writing of such vote, the written
complaint shall be returned to the Complainant, and no further action shall be required
by the Town Secretary or Town Council.
At the subsequent Council hearing, the Complainant and Respondent may present
testimonial and or documentary evidence regarding the allegations contained within the
Complaint. If Council determines that substantial evidence has been presented to
support the allegation that a violation of the Handbook has occurred and that the
violation is detrimental to orderly governance, integrity, and public confidence in the
Town government, then Council may by majority vote impose sanctions, such as
reprimand, formal censure, or loss of appointment, as determined appropriate to serve
the legitimate goals of this policy.
All procedural rules of the Council shall apply to proceedings conducted pursuant to this
Section. The complaint procedure specified in this Section shall only be applicable to
those Town officials who are appointed and for the conduct of such official that occurs
during the official’s term of office on a Town Board, Commission, Committee or Advisory
Group. Notwithstanding the foregoing, this Section shall not apply to officials who are
appointed to fill vacancies on the Town Council or to Town Council members.
Sanctioning of elected officials shall only be allowed in accordance with Town Charter
and state law.
STATEMENT OF COMMITMENT
As a member of the Town of Trophy Club Town Council or of a Town of Trophy Club
town board, commission or committee, I agree to uphold the Code of Ethics and
Conduct myself by the following model of behavior.
I will:
• Recognize the worth of individual town officials and appreciate their individual
talents, perspectives and contributions;
• Help create an atmosphere of respect and civility where individual town
officials, Town staff and the public are free to express their ideas and work to
their full potential;
• Conduct my personal and public affairs with honesty, integrity, fairness and
respect for others;
• Respect the dignity and privacy of individuals and organizations;
• Keep the common good as my highest purpose and focus on achieving
constructive solutions for public benefit;
• Avoid and discourage conduct which is divisive or harmful to the best
interests of the Town of Trophy Club;
• Treat all people with whom I come in contact in a manner I wish to be treated;
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• Before I speak or act I will ask myself the following questions:
1. Is it the truth?
2. Is it fair to all concerned?
3. Will it build goodwill and better relationships?
4. Will it be beneficial to all concerned?
I affirm that I have read and that I understand, accept and support the Town of Trophy
Club Code of Ethics and Conduct.
_____________________________________________
Elected or Appointed Official Printed Name
_____________________________________________
Position
_____________________________________________
Signature Date
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.D.7
Discuss and take appropriate action regarding a Resolution calling for and
setting the dates, time and place for two Public Hearings for the proposed
annexation of an approximate 21.1346 acres in the M. Medlin Survey, A-832
and directing the publication of public hearings as required by law.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(be)
Attachments: 1. Resolution
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2006 –
A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS, CALLING
FOR AND SETTING THE DATES, TIME AND PLACE FOR TWO
PUBLIC HEARINGS ON A PROPOSED ANNEXATION BY THE TOWN
FOR AN AREA OF LAND LOCATED IN THE TOWN’S
EXTRATERRITORIAL JURISDICTION DESCRIBED GENERALLY AS
APPROXIMATELY 21.1346 ACRES IN THE M. MEDLIN SURVEY, A-
832; PROVIDING AN OPPORTUNITY FOR PERSONS INTERESTED IN
THE ANNEXATION TO BE HEARD; DIRECTING THE TOWN
SECRETARY OR HER DESIGNEE TO CAUSE TO BE PUBLISHED
NOTICE OF SUCH PUBLIC HEARINGS IN A NEWSPAPER OF
GENERAL CIRCULATION AND ON THE TOWN’S WEBSITE AS
PROVIDED BY LAW; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a home rule municipality empowered by
Texas Constitution, State law and Home Rule Charter to fix boundaries of the Town and
to provide for the alteration or the extension of those boundaries, pursuant to any laws
of the State of Texas now or hereinafter enacted, with or without the consent of the
owners or inhabitants of such territory.
WHEREAS, the Town of Trophy Club has expressed an interest in the potential
annexation of an area of land located within the Town’s extraterritorial jurisdiction
described generally as approximately 21.1346 acres in the M. Medlin Survey, A-832;
and
WHEREAS, Section 43.063(a) of the Texas Local Government Code the Town to
schedule and hold two public hearings, scheduled on or after the 40th day, but before
the 20th day, before the date of the institution of the proceedings.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS THAT:
Section 1. The Town Council hereby approves the placement of an item on
the January 22, 2007 Town Council public meeting agenda, such meeting being a
regular Council meeting and on the January 29, 2007 Town Council public meeting
agenda, such meeting being a special called Council meeting to approve the annexation
of approximately 21.1346 acres in the M. Medlin Survey, A-832.
Section 2. The Town Council hereby calls public hearings on the proposed
annexation to be held in the Town Council Chambers in the Svore Municipal Building
located at 100 Municipal Drive, Trophy Club, Texas 76262 on January 22, 2007 at 7:00
p.m. and on January 29, 2007 at 7:00 p.m., such dates being weekdays which are not
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public holidays.
Section 3. At each public hearing, the Town Council will give all interested
persons the right to appear and be heard on the proposed annexation by the Town of
Trophy Club Texas on the property described as an approximate 21.1346 acres in the
M. Medlin Survey, A-832.
Section 4. The Town Secretary or her designee is hereby authorized and
directed to cause notice of such public hearings to be published once in a newspaper
having general circulation within the Town and in the proposed area of annexation no
more than twenty (20) days and no less than ten (10) days prior to the date of each
public hearing. Further, notice shall be posted upon the Town’s internet website no
more than twenty (20) days and no less than ten (10) days before the date of the
hearings and shall remain posted until the date of the hearings.
Section 5. This Resolution shall become effective from and after its date of
passage in accordance with the law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 18th day of December, 2006.
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
Lisa Ramsey, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.D.8
Discuss and take appropriate action regarding an Investment Banking
Agreement with Banc of America Securities to provide underwriting and
related banking services for the Public Improvement District Bonds related
to the Highlands at Trophy Club.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(be)
Attachments: 1. Agreement
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.D.9
Discuss and take appropriate action regarding a proposal by Beck
Properties to resolve disputed park land dedication matters, release of
claims, proposed "charitable dedication" by Beck Properties and matters
related to the parkland dedication dispute and its resolution.
EXPLANATION:
Upon clarification from Scott Beck, the proposal is a release for any and all items
referenced in the October 24, 2005 letter by Roger Unger. (This letter will be available
for your reference at the meeting on Monday.)
The proposal remains unchanged.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: Fulbright & Jaworski, L.L. P. Letter
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.D.10
Discuss and take appropriate action to approve financials dated October
2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
169
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.D.11
Discuss and take appropriate action to approve the financials and variance
report dated November 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.D.12
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1.List
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Items for Future Agendas
• Building Standards Commission for the Town. (1/8/06)
• Ordinance to remove uninsured vehicles from the streets of Trophy Club by impounding the
vehicle until the vehicle is properly insured and inspected. (1/8)
• Ordinance to impound any vehicle that is being driven on the streets of Trophy Club when the
driver does not have a current or valid Drivers License. (1/8)
• Ordinance to designate The Town of Trophy Club a "Smoke Free" Town. (1/8)
• Discuss Property Tax Abatements (1/8)
• Consider authorizing expenditure of EDC 4B funds to enter into contract with the Buxton Group
for psychographic profiling of the Town of Trophy Club. (1/8)
• Discuss and take appropriate action relative to an Ordinance amending Chapter 1 of the Code of
Ordinances of the Town, entitled "Administration", Article VIII, entitled "Schedule of Fees",
amending Section 8.15, entitled "Parks and Recreation."(1/22)
• Discuss and take appropriate action relative to an Ordinance amending Chapter 8 of the Code of
Ordinances of the Town, entitled "Nuisances", to address standing or stagnant water. (2/5)
• Discuss and take appropriate action relative to an Ordinance amending Chapter 8 of the Code of
Ordinances of the Town, entitled "Nuisances", Article III, entitled "Weeds", amending Section
3.01, entitled "Unlawful to Permit Weeds, Grass or any other Plant to Grow Higher than Twelve
Inches."
• Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws.
• Review of the Property Maintenance Ordinance.
• Discuss and take appropriate action regarding an Ordinance amending Chapter 14 entitled
"Design Standards", Figures 1-7, 1-8 and 1-9 of Section 1 entitled "Roadway Design" of the Code
of Ordinances of the Town.
• Discuss and provide input relative to an Ordinance amending the Chapter 3, Article XII Standards
for the Repair, Removal or Demolition of Substandard Buildings
• Discussion about storm water discharge from pools.
• Discuss and appropriate action regarding a policy for accepting gifts.
• Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and
consideration of improvements for area to create a linear park.
• 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.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.D.13
Reports. 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.
(a) Town Manager's Report.
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-18-2006
Subject: Agenda Item No.E.1
Adjourn.