Agenda Packet TC 07/24/2006 - Budget Workshop 1
Town of Trophy Club
Town Council Budge Workshop and Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, July 24, 2006
6:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 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.4 Budget Workshop
Discuss the Fiscal Year 2006-07 Proposed Budget.
B.1 Citizen presentations: this is an opportunity for citizens to address the Council on any
matter whether or not it is posted on the agenda. The Council is not permitted to take
action on or discuss any presentations made to the Council at this time concerning an
item not listed on the agenda. The Council will hear presentations on specific agenda
items prior to the Council addressing those items.
B.2 Town Manager Report and Discussion Regarding Project Updates as Listed Below:
There will be no action taken regarding any individual project posted under this item and
discussion will be limited. If extensive discussion is required, the item may be placed on
a future agenda.
Administration:
· Update
Community Development:
· Update
Finance:
· Update
Information System:
· Software and Systems Update
Parks and Recreation
· Facilities and Programs
Planning & Zoning
· Zoning Submissions
Police and Fire Services
· Police Services Bureau
· Fire Services Bureau
Municipal Utility District:
· Upcoming Projects
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C.1 Public Hearing:
Consider a request for zone change from R-12 Single Family Residential to CR - Commercial
Recreation for an approximate 4.038 acre tract of land located generally to the East and
the South of the Municipal Utility District Wastewater Treatment Plant Facility, and
being part of the Mary Medlin Survey, A-832, Applicant: Beck Properties. (ZCA-06-010)
D.1 Discuss and take appropriate action relative to a request for zone change from R-12
Single Family Residential to CR - Commercial Recreation for an approximate 4.038 acre
tract of land located generally to the East and to the South of the Municipal Utility
District Wastewater Treatment Plant Facility, and being part of the Mary Medlin Survey,
A-832, Applicant: Beck Properties. (ZCA-06-010)
D.2 Discuss and take appropriate action regarding the termination of a service agreement for
medical billing and data services with Texas Medical Data Services and the approval of a
new agreement with Intermedix, Inc. for those services, and authorizing the Mayor to
execute all necessary documents.
D.3 Discuss and take appropriate action regarding approval of a Subdivider's Agreement for
Eagles Ridge Phase II and authorizing the Mayor to execute all necessary documents.
D.4 Discuss and take appropriate action regarding an Ordinance approving the First
Modification to the Communications Site Lease Agreement by and between Nextel
Communications and the Town, and authorizing the Mayor to execute all necessary
documents.
D.5 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 8.03, entitled "Community Development
Department", subsection "C" (1); by amending subsection "C" (2); by amending
subsection "R" by adding (1)(a)(b) and (2); by amending subsection "V" to add radio
antennas; by amending subsection "W" to add banner signs; by amending Section 8.04,
entitled "Planning & Zoning Department", subsection "N" to add special exception; by
amending Section 8.06, entitled "Animal Control", subsection "E"; by amending Section
8.07, entitled "Emergency Medical Services Billing", subsections "A", "B", "C" and "D".
D.6 Items for Future Agenda.
D.7 Informational Only - Additional Information for Council as provided by the Department
of Police and Fire Services.
D.8 Consent agenda: Discuss and take appropriate action to approve financials dated June
2006.
D.9 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, July 10,
2006.
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D.10 Consent Agenda: Discuss and take appropriate action relative to an Ordinance amending
Chapter 10 entitled, "Public Safety", Article II, entitled "Traffic and Vehicles", of the
Code of Ordinances, by amending Sections 2.05 entitled, "Parking", Subsection C,
paragraph (1) and adding paragraph (2)(a) and (b); amending Section 2.07 to adopt a new
Section 2.07, entitled "Private Streets", including Subsections (a)(1-7); and by adding
Section 2.08, entitled "Penalty".
D.11 Consent Agenda: Discuss and take appropriate action relative to an Ordinance amending
Article I, "Animals", Chapter 2 of the Code of Ordinances, entitled “Animal Control”, by
amending Sections 1.01 – 1.27.
F.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-24-2006
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: 7-24-2006
Subject: Agenda Item No.A.2
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-24-2006
Subject: Agenda Item No.A.3
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: 7-24-2006
Subject: Agenda Item No.A.4
Budget Workshop
Discuss the Fiscal Year 2006-07 Proposed Budget.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1.None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-24-2006
Subject: Agenda Item No.B.1
Citizen presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not permitted
to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on
specific agenda items prior to the Council addressing those items.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-24-2006
Subject: Agenda Item No.B.2
Town Manager Report and Discussion Regarding Project Updates as Listed Below:
There will be no action taken regarding any individual project posted under this
item and discussion will be limited. If extensive discussion is required, the item may
be placed on a future agenda.
Administration:
· Update
Community Development:
· Update
Finance:
· Update
Information System:
· Software and Systems Update
Parks and Recreation
· Facilities and Programs
Planning & Zoning
· Zoning Submissions
Police and Fire Services
· Police Services Bureau
· Fire Services Bureau
Municipal Utility District:
· Upcoming Projects
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-24-2006
Subject: Agenda Item No.C.1
Public Hearing:
Consider a request for zone change from R-12 Single Family Residential to CR -
Commercial Recreation for an approximate 4.038 acre tract of land located
generally to the East and the South of the Municipal Utility District Wastewater
Treatment Plant Facility, and being part of the Mary Medlin Survey, A-832,
Applicant: Beck Properties. (ZCA-06-010)
EXPLANATION:
Purpose: To conduct a public hearing relative to a request for zone change of an approximate
4.038-acre tract of land located generally to the South and Southeast of the Southwestern portion
of the Municipal Utility District Wastewater Treatment Plant Facility.
Existing Condition of the Property: The property is currently zoned R-12 Single Family
Residential and abuts the Treatment Plan on the plant’s southern boundary, and abuts the golf
course to the south.
Staff Comments: Beck Properties received a zone change on the 1.751-acre tract of land east of
the Wastewater Treatment Plant back in March of this year. Since that time, they have opted to
add additional acreage so that the entire tract will abut the golf course property.
(kcf)
Attachments: 1. Ordinance
3. Application
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006 – __ P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE
SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND
AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY
CHANGING THE ZONING ON A CERTAIN TRACT OF LAND
DESCRIBED AS A 4.038 ACRE TRACT OF LAND, LOCATED
GENERALLY TO THE EAST AND THE SOUTH OF THE MUNICIPAL
UTILITY DISTRICT WASTEWATER TREATMENT PLANT FACILITY, AND
BEING PART OF THE MARY MEDLIN SURVEY, A-832 WITHIN THE
TOWN AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT “A”
ENTITLED “FIELD NOTES” AND EXHIBIT “B” ENTITLED “4.038
ACRES” A COPY OF WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN, FROM ITS ZONING DESIGNATION OF R-
12 SINGLE FAMILY RESIDENTIAL TO CR – COMMERCIAL
RECREATION; PROVIDING THAT SUCH TRACT OF LAND SHALL
BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE
COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER
APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE
ZONING MAP SHALL REFLECT THE CR ZONING FOR SUCH 4.038
ACRE TRACT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SAVINGS;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”), is
authorized and empowered by law, in accordance with Chapter 212 of the Texas Local
Government Code, to regulate the subdivision of land and property development within the
Town;
WHEREAS, on April 17, 2006, the Town Council adopted Ordinance No. 2006-07
P&Z, changing the zoning on a tract of land (the “Land”), described as a 1.767 acre tract
previously zoned R-12 Single Family Residential, to CR Commercial Recreation, said tract being
located to the generally to the east of the Municipal Utility District Wastewater Treatment Plant
facility and south of the Town’s northeastern city limit; and
WHEREAS, since the adoption of Town Ordinance No. 2006-07 P&Z, the developer
sought to increase the size of the tract of land to 4.038 acres, and filed an application with the
Town Planning & Zoning Commission requesting a change in zoning of the Land into “CR”
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Commercial Recreation, and an amendment to the official Zoning Map of the Town, more
specifically described in Exhibit “A”, attached hereto and incorporated herein; and
WHEREAS, all legal notices, requirements and conditions having been complied with,
the case to rezone the Land came before the Planning and Zoning Commission; and
WHEREAS, after public notices were given in compliance with State law and public
hearings were conducted, and after considering the information submitted at those public
hearings and all other relevant information and materials, the Planning and Zoning Commission
of the Town has recommended to the Town Council the adoption of the amendments to
Comprehensive Zoning Ordinance as set forth in this Ordinance; and
WHEREAS, after complying with all legal notices, requirements, and conditions, a
public hearing was held before Town Council at which the Town Council considered, among
other things, the character of the land and its suitability for particular uses, with a view of
encouraging the most appropriate use of land in the Town, and does hereby find that the rezoning
approved hereby accomplishes such objectives;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
FINDINGS
After due deliberations and consideration of the recommendation of the Planning and
Zoning Commission and the information and other materials received at the public hearing, the
Town Council has concluded that the adoption of this Ordinance is in the best interests of the
Town of Trophy Club, Texas, and of the public health, safety and welfare.
SECTION 3.
REZONING
Ordinance No. 2000-06 P&Z of the Town of Trophy Club, Texas, the same being the
Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and
all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended
but are hereby ratified and affirmed:
A. The zoning on the Land, being a 4.038 acre tract of land described in Exhibit “A”
attached hereto and incorporated herein, heretofore zoned R-12 Single Family
Residential, is hereby changed to “CR” Commercial Recreation, in accordance
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with the requirements of all applicable parts of the Comprehensive Zoning
Ordinance, and all other applicable ordinances, rules and regulations of the Town.
SECTION 4.
ZONING MAP
The Planning and Zoning Coordinator is hereby directed to mark and indicate on the
official Zoning District Map of the Town the zoning change herein made.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 6.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct conflicts
with the provisions of this Ordinance.
SECTION 7.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting regulations governing and
regulating the zoning, platting, and subdivision of land which have secured at the time of the
effective date of this Ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such Ordinances same shall not
be affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 9.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 10.
PUBLICATION
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The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 11.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 12.
EFFECTIVE DATE.
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 24th day of July, 2006.
Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-24-2006
Subject: Agenda Item No.D.1
Discuss and take appropriate action relative to a request for zone change from R-12
Single Family Residential to CR - Commercial Recreation for an approximate 4.038
acre tract of land located generally to the East and to the South of the Municipal
Utility District Wastewater Treatment Plant Facility, and being part of the Mary
Medlin Survey, A-832, Applicant: Beck Properties. (ZCA-06-010)
(kcf)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-24-2006
Subject: Agenda Item No.D.2
Discuss and take appropriate action regarding the termination of a service
agreement for medical billing and data services with Texas Medical Data Services
and the approval of a new agreement with Intermedix, Inc. for those services, and
authorizing the Mayor to execute all necessary documents.
EXPLANATION:
Upon the approval of this agreement with Intermedix, Inc, the Town’s current provider, Texas
Medical Data Services (TMDS), will be given a thirty-day (30)-termination notice as required
by their contract.
Jason Mattern, Vice President Intermedix, will be available for questions.
RECOMMENDATION:
Staff recommends approval of this agreement.
Suggested language for the motion is, ‘move to approve the service agreement with Intermedix,
Inc. and direct staff to proceed with termination notice to Texas Medical Data Services per their
contract.
ACTION BY COUNCIL:
(DLT)
Attachments: 1. Service agreement
2. Back-up information
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-24-2006
Subject: Agenda Item No.D.3
Discuss and take appropriate action regarding approval of a Subdivider's
Agreement for Eagles Ridge Phase II and authorizing the Mayor to execute all
necessary documents.
EXPLANATION:
Starwood Development received approval of the final plat for Phase II of the Eagle’s Ridge
Development in 2005. Town Ordinance requires the execution of a Developer’s Agreement
specifying public improvements and facilities to be constructed and providing for bonding and
insurance for the project prior to the commencement of construction. The Town Council
previously approved a standard Subdivider’s Agreement form. That form has been modified to
reflect the details of this project.
Because the Developer is requesting the Town accept an alternative proposal in satisfaction of
the open space requirements specified in the Parkland Dedication Ordinance, staff requests
Council review of the proposed alternative. If the open space requirements as proposed are
approved by Council, the final approved Agreement will reflect those requirements.
The following are open space requirements as specified by the ordinance that was in effect at the
time of their development submission:
1. Dedication of .74 acres, or
2. $107,300.00, or
3. A combination of land and money in lieu of land
Starwood is proposing that the Town accept the following to meet the open space requirements.
1. Dedication of .963 Acres (2/3 of the land is a flowage easement)
2. $10,000.00
3. Dedicate and convey ownership of the bronze eagle sculpture, “Sovereign
Wings“, the surrounding masonry and infrastructure, and the fee simple title to the
land where the eagle sculpture is located.
Staff recommends that Town Council accept Starwood’s proposal, and that it accept the cash,
land, sculpture and property in full satisfaction of Starwood’s open space requirements.
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(kcf)
Attachments: 1. Agreement
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_______________
SUBDIVIDER'S AGREEMENT
An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred to as
the "TOWN") and Eagle’s Ridge Investors, J.V. acting by and through its duly authorized
representative (hereinafter referred to as the "DEVELOPER"), for the installation of public
improvements and facilities within the TOWN limits of Trophy Club, Texas, for Eagle’s Ridge,
Phase II , more particularly described as a tract of land consisting of approximately 11.002 acres
of land, hereinafter being referred to collectively as the "PROJECT," and such public
improvements being more particularly described in Section II of this AGREEMENT. It is
understood by and between the parties that this AGREEMENT is applicable to the lot(s)
contained within the Final Plat and which have been identified as part of Eagle’s Ridge, Phase II,
and to the offsite improvements necessary to support the PROJECT, more particularly
described in Section II of this AGREEMENT. It is further agreed that this AGREEMENT,
when properly signed and executed, shall satisfy the requirements of the TOWN’S Subdivision
Regulations Ordinance, Chapter 12 of the Town’s Code of Ordinances.
I. GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a registered public surveyor licensed to practice in the State of Texas to
prepare a final plat of the PROJECT.
The Project is planned to be platted for Single-Family Residential together with
allowed incidental and accessory uses. The Project received preliminary plat
approval from the Town on June 20, 2005.
B. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a civil engineer licensed to practice in the State of Texas for the design
and preparation of the plans and specifications for the construction of all public
improvements and facilities described in Section II and covered by this
AGREEMENT. Unless otherwise specified herein, such plans and specifications
shall be in accordance with the TOWN’S "Design Standards for Paving, Drainage
and Utility Improvements" and the North Central Texas Council of Governments’
(NCTCOG) Standard Specifications for Public Works Construction, as presently
adopted.
C. The DEVELOPER will award its own construction contract for the construction
of all PROJECT streets, sanitary sewer, and other drainage public improvements
and facilities for the completion of the Project. The DEVELOPER agrees to
employ a construction contractor(s) who is approved by the TOWN, said
contractor(s) to meet TOWN and statutory requirements for being insured,
licensed and bonded to perform work in public rights-of-way and to be qualified
in all respects to bid on public streets and public projects of a similar nature. The
DEVELOPER agrees to submit contract documents to the TOWN and
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participate in a pre-construction meeting with the TOWN and all Developer
contractors.
D. Prior to the execution of this Agreement, the commencement of construction, the
filing of the Final Plat, or the issuance of any building permits, the
DEVELOPER shall present to the TOWN a performance bond(s), payment
bond(s) and maintenance bond(s), meeting the requirements of Chapter 2253 of
the Texas Government Code. Each bond shall individually guarantee and agree to
pay an amount equal to one hundred percent (100%) of the value of the
construction costs (as determined by the TOWN Engineer) for all public
improvements and facilities to be constructed by or on behalf of the Developer for
the Project. Any surety company through which a bond is written shall be a
surety company duly authorized to do business in the State of Texas, provided
that the TOWN, through the Town Attorney, shall retain the right to reject any
surety company as a surety for any work under this or any other SUBDIVIDER’S
AGREEMENT regardless of such Company’s authorization to do business in
Texas. Approvals by the TOWN shall not be unreasonably withheld or delayed.
1. As an alternative to providing a surety bond for performance and a surety
bond for maintenance as specified hereinabove, Developer may provide
financial assurances for performance and maintenance in the form of a
cash deposit, a certificate of deposit, or irrevocable letter of credit.
Provided however, that such alternative financial assurances shall only be
allowed if each meets all requirements specified in Section 7.2 of the
Town of Trophy Club Subdivision Regulations. All such alternative
financial assurances must be on forms approved by the Town Attorney.
2. As an alternative to the Developer providing a performance bond,
payment bond, and maintenance bond, as specified above, Developer may
provide financial assurances for performance, payment and maintenance
from a single general contractor for the Project, provided that such
assurances meet all other requirements specified hereinabove and the
Town is named as a dual obligee on each such bond. Additionally, such
alternative financial assurances shall only be allowed if each meets all
requirements specified in Section 7.2 of the Town of Trophy Club
Subdivision Regulations. All such alternative financial assurances must
be on forms approved by the Town Attorney.
E. The performance bond(s) shall be submitted in statutory form guaranteeing the
full and faithful completion of the facilities and improvements required under this
Agreement for completion of the PROJECT to the TOWN and provide for
payment to the TOWN of such amounts up to the total remaining amounts
required for the completion of the PROJECT if the work is not completed as
required hereunder.
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F. The payment bond(s) shall be submitted in statutory form guaranteeing payment
of all labor and material costs of the Project and shall be furnished solely for the
protection of all claimants supplying labor and material in the performance of the
work provided for under this AGREEMENT. The maintenance bond(s) shall
guarantee the payment of any and all necessary maintenance of the Project for a
period of two (2) years following acceptance of the public improvements and
facilities by the TOWN, in an amount equal to one hundred (100%) percent of the
value of the construction costs of all the public improvements and facilities to be
constructed under this Agreement in respect to the Project.
G. Any guarantee of performance, maintenance, or payment instrument (e.g.,
performance bond, payment bond, maintenance bond, letters of credit, and/or cash
deposit or the like) (individually a “Guarantee” or collectively the “Guarantees”)
submitted by or through the DEVELOPER on a form other than the one which has
been previously approved by the TOWN as "acceptable" shall be submitted to the
Town Attorney at the DEVELOPER'S expense, and construction of the Project shall
not commence until the Town Attorney has approved such Guarantees. Approval by
the TOWN (and the Town Attorney) shall not be unreasonably withheld or delayed.
All such Guarantees shall be maintained in full force and effect until such time as the
DEVELOPER has fully complied with the terms and conditions of this
AGREEMENT as agreed to in writing by the TOWN, and failure to keep same in
force and effect shall constitute a breach of this AGREEMENT. Failure to maintain
performance and payment Guarantees meeting the requirements of this
AGREEMENT shall result in a stop work order being issued by the Town.
Additionally, all Guarantees furnished hereunder which expire prior to the
completion of construction or applicable warranty periods shall be renewed in
amounts designated by the TOWN and shall be delivered to the TOWN and
approved by the TOWN on or before the tenth (10th) banking day before the date of
expiration of any then existing Guarantee. If the DEVELOPER fails to deliver any
Guarantee to the TOWN within the time prescribed herein, such failure shall
constitute a breach of this AGREEMENT and shall be a basis for the TOWN to draw
on all or any portion of any existing Guarantee in addition to any or all other
remedies available to the TOWN. The DEVELOPER further agrees to release and
forever hold the TOWN harmless from any losses, damages and/or expenses
incurred by the DEVELOPER for any delays due to the TOWN'S review of any
Guarantee which is in a form other than one which has been previously approved by
the TOWN. The TOWN requires the DEVELOPER to have all Guarantee forms
approved prior to the commencement of work and construction of improvements.
H. It is further agreed and understood by the parties hereto that upon acceptance thereof
by the TOWN of all public improvements and facilities as described in Section II of
this Agreement, title to all such improvements and facilities shall be vested in the
TOWN, and the DEVELOPER hereby relinquishes any right, title, or interest in and
to such improvements and facilities or any part thereof. It is further understood and
agreed that until the TOWN accepts such improvements and facilities, the TOWN
shall have no liability or responsibility with respect thereto. Acceptance of the
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improvements and facilities shall occur at such time as the TOWN, through its
TOWN Engineer, provides the DEVELOPER with a written acknowledgment that
all improvements and facilities are complete, have been inspected and approved and
are being accepted by the TOWN.
I. The DEVELOPER’S Engineer has prepared detailed estimates of $486,671.49
and the TOWN Engineer has approved an estimate of $486,671.49 for the cost of
public improvements and facilities for the Project is $486,671.49. The detailed
cost estimates are a part of this AGREEMENT and are attached hereto as
"Attachment A" and incorporated herein. The TOWN shall not accept any
construction improvements outside of the Project and the two (2) year warranty
for such improvements shall not commence until all construction activities are
completed and accepted by the TOWN.
J. Upon TOWN’S approval and acceptance of the final plat and the engineering plans,
the final plat will be recorded with the County Clerk of Denton County. No building
permits will be issued in for any lots on/in the Project until the final plat is filed and
the public improvements and facilities specified herein are completed and accepted
by the TOWN.
K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major
subcontractors) and TOWN, as well as any other third party deemed necessary by
the Town, shall participate in a pre-construction conference prior to the initiation
of any work. At or prior to the pre-construction meeting, Developer shall provide
the TOWN with the following documents:
1. Two (2) copies of all executed construction contracts;
2. List of all contractors/subcontractors and their project assignments;
3. Five (5) sets (and additional sets as necessary for any contractors) of
approved construction plans and specifications.
This list of contractors/subcontractors shall be updated within seven days of any
changes. The DEVELOPER agrees to give the TOWN at least twenty-four (24)
hours prior written notice of his/her intent to commence construction of all public
improvements and facilities, so that the TOWN, if it so desires, may have its
representatives available to inspect the beginning and continuing progress of all
work. Developer shall submit all documentation evidencing that each of the
Guarantees required under this Agreement have been provided and all required
insurance has been obtained prior to the pre-construction meeting.
L. The DEVELOPER agrees to notify all contractors and subcontractors working on
the PROJECT that all their work is subject to inspection by a TOWN Inspector at
any time, and that such inspection may require a certification by the contractors
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and subcontractors of the type, kind, and quality of materials used on the
PROJECT.
M. Should any work or construction of improvements or facilities on the PROJECT
which has not been contemplated in the current construction documents (plans
and specifications), the plat, or this AGREEMENT, become necessary due to site
conditions, then the DEVELOPER shall be required to contact in writing (with a
copy to the TOWN of Trophy Club), with the TOWN Engineer to determine how
such work or construction should progress. The DEVELOPER further agrees to
follow all reasonable recommendations and requirements imposed by the TOWN
Engineer in such instance. (Addresses for points of contact are as follows:)
Town of Trophy Club Teague, Nall & Perkins
Brandon Emmons
Town Manager
Mr. Tom Rutledge,
Town Engineer
100 Municipal Drive 1100 Macon Street
Trophy Club, Texas 76262 Fort Worth, Texas 76102
Phone: 682/831-4600 Phone: 817.336.5773
Fax: 817.490.0705 Fax: 817.336.2813
Email: bemmons@ci.trophyclub.tx.us Email: trutledge@tnp-online.com
N. The DEVELOPER agrees to cause all work and construction of improvements and
facilities to be stopped upon twenty-four (24) hour notification from the TOWN
Engineer of nonconforming improvements, including the materials used and the
methods of installation. The DEVELOPER further agrees to correct all
nonconformities in accordance with the TOWN Engineer’s instructions.
O. The DEVELOPER is encouraged not to convey title of any lots of the PROJECT,
until all construction in respect to the PROJECT required in Section II is complete
and the TOWN has approved and accepted the work and improvements in respect
thereof. The DEVELOPER understands that the TOWN will issue no building
permits for improvements on any lot in the Project until all public improvements and
facilities with respect to the Project are completed in accordance with this
Agreement. Further, DEVELOPER agrees to inform all persons or entities
purchasing the lots or any interest in the lots that TOWN will not issue any building
permits until all public improvements and facilities are completed in accordance with
this Agreement.
P. After completion and prior to acceptance of all work, the DEVELOPER must furnish
to the TOWN an affidavit of all bills paid.
Q. MAINTENANCE RESPONSIBILITY FOR COMMON AREAS.
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II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED
A. PHASE1: The following public improvements and facilities to be constructed as
Phase 1 of the Project shall be completed in accordance with the approved plans and
specifications as described in Attachment “B”:
1. Public Streets
2. Drainage and Storm Sewer
3. Sewer
4. Water Distribution System
5. Landscaping
6. Fences/Walls/Retaining Walls
7. Signs.
8. Driveways and Walkways
9. Parkland
B. OTHER:
1. Bench marks to be located as shown on the approved plans.
2. Upon completion, three (3) sets of as-builts/record drawings and one (1)
set of reproducible (Mylar) drawings shall be submitted to the TOWN
within two (2) months following the acceptance of the public
improvements and facilities.
3. TESTING: The Developer shall provide all geotechnical and materials
tests required by the TOWN Engineer and TOWN Inspector at the
DEVELOPER’S cost in accordance with Section 7.03 of Article 7,
Chapter 12 of the Town’s Code of Ordinances. Such tests shall be
conducted by an independent laboratory acceptable to the Town.
4. PERMITS: The DEVELOPER will pay a Community Facilities
inspection fee in the amount of $24,333.54 (5% of $486,671.49) to cover
the cost of TOWN inspection fees as related to the construction of the
Project. The Developers may be obligated to pay other TOWN fees as set
forth in the TOWN’S Schedule of Fees, as may be amended from time to
time. The DEVELOPER will be responsible for obtaining any other
permits which may be required by other federal, state or local authorities.
5. EAGLE’S RIDGE, PHASE II: Developer shall construct and maintain all
improvements in accordance with the TOWN approved Construction
Plans.
III. GENERAL PROVISIONS
A. The DEVELOPER agrees to furnish and maintain at all times prior to the TOWN’S
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final acceptance of the public improvements and community facilities for the Project,
an owners protective liability insurance policy naming the TOWN as insured for
property damage and bodily injury in the amounts. Coverage shall be on an
“occurrence” basis and shall be issued with a combined bodily injury and property
damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate.
B. Exclusive venue of any action brought hereunder shall be in Denton, Denton County,
Texas.
C. Approval by the TOWN Engineer of any plans, designs or specifications
submitted by the DEVELOPER pursuant to this AGREEMENT shall not
constitute or be deemed to be a release of the responsibility and liability of the
DEVELOPER, his engineer, employees, officers or agents with respect to the
construction of any of the PROJECT’S improvements or facilities, or for the
accuracy and competency of the PROJECT’S improvements and facilities design
and specifications prepared by the DEVELOPER'S consulting engineer, his
officers, agents, servants or employees, it being the intent of the parties that the
approval by the TOWN Engineer signifies the TOWN'S approval on only the
general design concept of the improvements and facilities to be constructed. The
DEVELOPER shall release, indemnify, defend and hold harmless the TOWN, its
officers, agents, servants and employees, from any demands, actions, causes of
action, obligations, loss, damage, liability or expense, including attorneys fees and
expenses, on account of or with respect to damage to property and injuries,
including death, to any and all persons which may arise out of or result from any
defect, deficiency or negligence in the construction of the PROJECT’S public
improvements and facilities or with respect to the DEVELOPER'S Engineer’s
designs and specifications incorporated into any improvements and facilities
constructed in accordance therewith, and the DEVELOPER shall defend at his
own expense any suits or other proceedings brought against the TOWN, its
officers, agents, servants or employees, or any of them, on account thereof, and
pay all expenses and satisfy all judgments which may be incurred or rendered
against them or any of them in connection herewith. All responsibility and
liability for drainage to adjacent and downstream properties from development of
this PROJECT will accrue to the DEVELOPER.
D. LIABILITY FOR CONSTRUCTION: The DEVELOPER, its successors,
permittees, permitted assigns, vendors, grantees and/or trustees do hereby fully
release and agree to indemnify, hold harmless and defend the TOWN, its officers,
agents, servants and employees from all losses, damage liabilities, claims,
obligations, penalties, charges, costs or expenses of any nature whatsoever, for
property damage, personal injury or death, resulting from or in any way connected
with this contract or the construction of the improvements or facilities or the failure
to safeguard construction work, or any other act or omission of the DEVELOPER or
its contractors or subcontractors, their officers, agents, servants or employees related
thereto.
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E. FINAL ACCEPTANCE OF INTRASTRUCTURE: The TOWN will not issue a
Letter of Acceptance until all public facilities and improvements are completely
constructed (Final Completion) to the satisfaction of the TOWN Engineer or his
agent. However, upon Substantial Completion, a “punch list” of outstanding items
shall be presented to the Developer’s contractor(s) indicating those outstanding items
and their deficiencies that need to be addressed for Final Completion of the
Improvements.
F. Neither this Agreement nor any part hereof or any interests, rights, or obligations
herein, shall not be assigned by the DEVELOPER without the express written
consent of the TOWN Council.
G. All work performed under this AGREEMENT shall be completed within eighteen
months from the date hereof. In the event the work is not completed within the
eighteen (18) month period, the TOWN may, at its sole election, draw down or
otherwise exercise it rights under or with respect to any Guarantee provided by
the DEVELOPER and complete such work at DEVELOPER'S expense; provided,
however, that if the construction under this AGREEMENT shall have started
within the eighteen (18) month period, the TOWN may agree to renew the
AGREEMENT with such renewed AGREEMENT to be in writing and in
compliance with the TOWN policies in effect at that time. Notwithstanding the
foregoing, in the event that the performance by either party of any of its’
obligations or undertakings hereunder shall be interrupted or delayed by any
occurrence and not occasioned by the conduct of either party hereto, whether such
occurrence be an act of God or the common enemy or the result of war, riot, civil
commotion, or sovereign conduct, then upon written notice of such occurrence,
such party shall be excused from performance for a period of time as is
reasonably necessary after such occurrence to remedy the effects thereof, and
each party shall bear the cost of any expense it may incur due to the occurrence.
H. This Subdivider's AGREEMENT shall be construed in accordance with the Town
of Trophy Club, Texas Subdivision Regulations and all other applicable
ordinances. Any conflicts between the provisions of this Subdivider’s
AGREEMENT, the TOWN'S Subdivision Regulations, Town Ordinances, and
State and Federal law, shall be construed in favor of the Town’s ordinance(s) as
allowed by law, subject to Chapter 245 of the Local Government Code. To the
extent that any such conflict exists, only that portion of the Subdivider’s
AGREEMENT which is in conflict shall be severable from the other provisions of
the AGREEMENT, and such conflict shall in no manner affect the validity or
enforceability of the remaining provisions.
I. All rights, remedies and privileges permitted or available to the TOWN under this
AGREEMENT or at law or equity shall be cumulative and not alternative, and
election of any such right, remedy or privilege shall not constitute a waiver or
exclusive election of rights, remedies or privileges with respect to any other
permitted or available right, remedy or privilege. Additionally, one instance of
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forbearance by the Town in the enforcement of any such right, remedy or privilege,
shall not constitute a waiver of such right, remedy or privilege by the Town. A
default under this Agreement by the TOWN shall not result in a forfeiture of any
rights, remedies, or privileges under this Agreement by the TOWN.
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER: Eagle’s Ridge Investors, J.V.
By:
Date:
By:
Project Manager
Date:
TOWN OF TROPHY CLUB:
By:
Mayor, TOWN of Trophy Club
ATTEST:
___________________________
Town Secretary, Town of Trophy Club
Date: ______________________
APPROVED AS TO FORM:
____________________________
Town Attorney, Town of Trophy Club
56
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2001- 02
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NOS. 94-01 AND 99-12 RELATING TO THE
DEDICATION OF PARK LAND AND OPEN SPACE; AND ADOPTING
PROVISIONS REQUIRING THE DEDICATION OF PARK LAND PRIOR
TO A SUBDIVISION PLAT APPROVAL BY THE PLANNING AND
ZONING COMMISSION AND THE TOWN COUNCIL; PROVIDING
FOR PAYMENT OF CASH IN LIEU OF RESERVATION OF OPEN
SPACE OR PARK AND RECREATIONAL AREAS; PROVIDING FOR
THE MAINTENANCE OF DEDICATED PARK LAND; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) is
empowered under Texas Local Government Code '54.001 to do all acts and make all regulations
which may be necessary or expedient for the promotion of the public health, safety and general
welfare, and
WHEREAS, the Town Council seeks to require the dedication of park land to be
designated upon any proposed subdivision plat prior to approval of such plat by the Town
Council; and
WHEREAS, the necessary park land dedication must meet certain minimum area and
character requirements; and
WHEREAS, the Town Council desires to allow a developer to pay cash in lieu of land
dedication, subject to Town Council approval and acceptance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREAMBLE
The above and foregoing preamble is incorporated into the body of this Ordinance as if
copied herein in its entirety.
SECTION 2.
PURPOSE
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The requirements for open spaces, park and recreational areas contained in this
Ordinance are intended to ensure that there will be sufficient land dedicated or otherwise set
aside in new residential developments in the Town of Trophy Club to meet the demands and
needs of the future residents of the development for open space and neighborhood parks,
containing passive or active recreational areas that are reasonably attributable to such
development.
A. In determining the size of the parcel, or parcels, that should be set aside and reserved in
the manner set out in this Ordinance, the Town Council has taken as a benchmark the
standards of the National Recreation and Park Association.
B. It is the policy of the Town, that when land is dedicated or otherwise set aside and
reserved for open space and park and recreational areas, such land should be in close
proximity to the residential development it is designed to serve and shall be of such
size, character, and dimensions as is necessary to provide usable open space and park
and recreational areas.
SECTION 3.
CHARACTER AND MINIMUM AREA
A. Land dedicated or otherwise set aside for open space and park and recreational areas
shall be of such size, dimensions, topography, and general character as is reasonably
required for the type of use proposed, e.g., open space buffer, active recreation for team
or individual sports, playground, tot lot, picnic area, etc.
B. Unique natural areas or flood plains which provide an opportunity for linkage parks
may be included in areas dedicated or otherwise set aside or reserved for open space.
C. The minimum amount of open space and park recreational area that shall be dedicated
or otherwise reserved pursuant to this Ordinance shall be ten (10) acres per 1,000 of
total projected Town population. For purposes of determining population, 2.87 people
per dwelling unit shall be used.
D. Any land dedicated to the Town under this Ordinance must be suitable for park and
recreation uses. The following characteristics of a proposed area are generally
unsuitable unless recommended in the Master Plan:
1) Any area primarily located in the 100-year floodway; or
2) Any areas of unusual topography or slope which render the area unusable for park
and recreational activities.
The above characteristics of a park land dedication area may be grounds for refusal of
any preliminary or final plat.
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E. Drainage areas may be accepted as part of a neighborhood park if the channel is
constructed in accordance with Town engineering standards and if no significant area of
the park is cut off from access by such channel. If land is dedicated which is in the
floodway fringe, but not including the floodway, then it counts as one-half (2) of the
required area as set forth in Subsection 3(C).
F. Each park shall have access to a public street.
G. All park land dedication shall be consistent with the standards as set forth in the Master
Plan.
SECTION 4.
MINIMUM SIZE
No land dedicated or otherwise reserved in compliance with this Ordinance shall have
dimensions smaller than one (1) acre. In any development which includes wooded areas, flood
plains, or other natural amenities which are desirable to maintain, the Town Council may grant
an exception from the strict application of these minimum dimensions whenever it determines
that by doing so the protection and preservation of such areas will be promoted.
SECTION 5.
PLATTING REQUIREMENTS
A. Whenever a final plat is filed on record with the County Clerk of Denton County for
development of a residential area in accordance with the Subdivision and Zoning
Ordinance of the Town, such plat shall contain a clear fee simple dedication of an area
of land as designated by this Ordinance. Any proposed plat submitted to the Town for
approval shall show the area proposed to be dedicated.
B. The Planning and Zoning Commission shall have a plat review meeting regarding the
proposed land donation prior to it being submitted to the Town Council. Any land
dedicated or otherwise reserved under this Ordinance for open space or park and
recreational areas shall be shown on a plat submitted for approval by the Planning and
Zoning Commission and Town Council. Upon approval, said plat shall be filed with the
County Clerk of Denton County.
C. The Town Council may, upon application by a developer, or other person or firm with a
legal interest in the land to be developed, allow the open spaces and park and
recreational areas required by this Ordinance to be restricted to the use and enjoyment
of the residents of the particular development or subdivision. The Town Council may
grant such request whenever it finds:
1) That the open space and park and recreational areas required by the Ordinance
cannot be effectively and efficiently integrated into the public park system of the
Town;
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2) That the open space and park and recreational needs of the residents of the
development or subdivision can be supplied by the reservation of private open
spaces and recreational areas at least as adequately as by the dedication of public
park land; and
3) That the developer or subdivider has complied, or will comply, with the
requirements of Section 6 of this Ordinance. Such open space and park and
recreational areas shall be clearly noted on the plat or master development plan as
“Private Open Space” or “Private Recreational Land” at the time of submission to
the Town for action by the Planning and Zoning Commission and Town Council.
SECTION 6.
PAYMENT OF CASH IN LIEU OF RESERVATION OF
OPEN SPACE OR PARK AND RECREATIONAL AREAS
A. A payment of cash in lieu of reservation of open space or park land or recreational land,
that is equal to the fair market value of the land that would be required to be dedicated
or otherwise reserved for open space or park and recreational area pursuant to this
Ordinance, will be required:
1) In any case in which the land required to be dedicated or otherwise reserved by this
Ordinance would be less than one (1) acre, or
2) If it is determined by the Town Council that the park and recreational needs of a
proposed development would be better served by the expansion or improvement of
an existing park, or,
3) A developer or subdivider may, with the consent of the Town Council, as an
alternative to, and in lieu of, dedicating or otherwise reserving land for open space
or park and recreational purposes, pay the aforesaid sum to the Town of Trophy
Club. Said payment shall be made within ten (10) days of the time of final plat
recording.
B. All such payments shall be:
1) Segregated in a separate fund and used only for the acquisition and improvements
of open space and park and recreational areas within the Town of Trophy Club that
will meet the needs of the residents of the development or subdivision in respect
which such payment was made;
2) Expended on the acquisition or improvements of open space or park land that is
within the jurisdiction of the Town of Trophy Club; and
3) If not expended, or unconditionally committed to be expended, within ten (10)
years of receipt, the developer or subdivider shall be entitled to a refund of the
amount paid upon written request by the developer or subdivider. Such request
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must be filed with the Town Secretary within one (1) year after the right to such
refund arises. If such request is not made in writing within the one (1) year period,
then such right shall be barred.
C. Fair Market Value Determined. For purposes of this Ordinance, the fair market value of
land shall be determined by:
1) Taking the fair market value of one (1) acre of land, derived from the average of
three separate undeveloped acre parcels of land within Trophy Club that are
deemed to be comparable to the land being subdivided.
2) Unimproved land shall mean land that has not been platted nor developed.
D. The owner, developer or subdivider of a proposed subdivision shall have the right to
appeal the fair market value determination to the Town Council within ten (10) days
after the date of filing of the preliminary plat with the Town, by filing with the Town
Secretary a written appeal and stating therein the reasons and basis for the appeal. The
Town Council shall act on the appeal within thirty (30) days after the date of approval
or disapproval of the preliminary plat by the Planning and Zoning Commission. The
action of the Town Council shall be final.
SECTION 7.
MAINTENANCE
If the open space and recreational areas required by this Ordinance are to remain
private, such areas shall be maintained by and deeded to a homeowners' association, or to a
trustee.
A. No plat or master development plan containing a reservation of private open space and
recreational areas shall be approved until the applicant shall have filed with the
Planning and Zoning Commission a declaration of the covenants and restrictions that
will govern such association or trustee, and received approval of the same from the
Planning and Zoning Commission and the Town Council.
B. Such instrument shall be approved by the City Attorney as to legal form and effect and
by the Planning and Zoning Commission as to the suitability of the proposed use of the
proposed open space and recreational areas.
C. The covenants and restrictions, when submitted, shall provide for the following:
1) that the homeowner’s association or trust shall be established prior to the sale of
any part of the property;
2) that open space restrictions and maintenance shall be permanent;
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3) that the homeowners are liable for the payment of maintenance fees and capital
assessments;
4) that unpaid homeowner's fees and assessments will be a lien of the property of the
delinquent homeowners;
5) that the association or trustee shall be responsible for liability insurance, taxes and
perpetual maintenance;
6) that membership shall be mandatory for each homeowner and any successive
buyer, and
7) that each homeowner, at the time of purchase, shall be furnished with a copy of the
approved restrictions or conditions.
SECTION 8.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstances is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 9.
REPEALER
Ordinances No. 94-01 and 99-12 of the Town relating to dedication of park land and
open space are hereby repealed and replaced as herein provided. This Ordinance shall govern
and control the park land and open space within the Town from and after its effective date.
SECTION 10.
CUMULATIVE
This Ordinance shall be cumulative of all provisions of Ordinances of the Town of
Trophy Club, Texas, except where the provisions of this Ordinance are in direct conflict with the
provisions of such Ordinances, in which event the conflicting provisions of such Ordinances are
hereby repealed.
SECTION 11.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of
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the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance
records of the Town.
SECTION 12.
PUBLICATION CLAUSE
The Town Secretary of the Town of Trophy Club is hereby directed to publish in the
Official newspaper of the Town of Trophy Club, the Caption, and Effective Date clause of this
Ordinance for two (2) days as required by Section 52.011 of the Texas Local Government Code.
SECTION 13.
EFFECTIVE DATE
This Ordinance shall be become effective from and after its date of passage and
publication in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 19th day of February, 2001.
_______________________________________
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
64
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-24-2006
Subject: Agenda Item No.D.4
Discuss and take appropriate action regarding an Ordinance approving the First
Modification to the Communications Site Lease Agreement by and between Nextel
Communications and the Town, and authorizing the Mayor to execute all necessary
documents.
EXPLANATION:
On August 29, 2005, the Town Council approved a communications site lease agreement with
Nextel in order to locate a communications tower at 901 Trophy Lake Drive. The agreement
requires Nextel to construct an eight foot (8’) screening wall. While in the process of
construction, Nextel determined that a ten foot (10’) wall was necessary in order to properly
screen its equipment. Nextel requested a special exception to the Town’s eight foot (8’) height
limitation for fences. The ZBA granted the special exception; however, that created a conflict
with the terms of the Nextel Communications Site Lease agreement. The Town Charter provides
that an act of Council authorizing the conveyance or lease of lands of the Town be done through
the adoption of an Ordinance. The attached Ordinance modifies the Agreement with Nextel by
revising Exhibit “B” to the existing lease of Town land to Nextel in order to reflect the ten foot
(10’) screening wall requirement.
RECOMMENDATION: Approval.
ACTION BY COUNCIL:
(PAA)
Attachments: 1. Ordinance
2. First Modification to Communications Site Lease Agreement – Nextel
Communications
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006 - ___
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AUTHORIZING AND APPROVING THE
TERMS AND CONDITIONS OF THE FIRST MODIFICATION TO A
COMMUNICATIONS SITE LEASE AGREEMENT BY AND BETWEEN
THE TOWN OF TROPHY CLUB AND NEXTEL OF TEXAS, INC., A
TEXAS CORPORATION, D/B/A NEXTEL COMMUNICATIONS;
AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club is a Home Rule
municipality created under the Constitution of the State of Texas; and
WHEREAS, on our about August 29, 2005, the Town Council approved an Agreement
between the Town of Trophy Club (hereinafter “Town”) and Nextel of Texas, Inc., a Texas
Corporation, d/b/a/ Nextel Communications (hereinafter “Nextel”) authorizing a
Communications Site Lease Agreement by and between the Town and Nextel (hereinafter
“Agreement”) for the location of a stealth antenna facility on the Premises; and
WHEREAS, Nextel requested a special exception from the Town’s Zoning Board of
Adjustment (hereinafter “ZBA”) in order to increase the size of the screening wall from eight
feet to ten feet and the ZBA granted that request; and
WHEREAS, the Town Council has been presented a proposed First Modification to the
Agreement amending Exhibit “B” of the Agreement to reflect the requirement of a ten foot (10’)
screening wall so that the special exception granted by the ZBA is consistent with the terms of
the Agreement; and
WHEREAS, upon full review and consideration of the First Modification to the
Agreement, and all matters attendant and related thereto, the Town Council is of the opinion that
the terms and conditions thereof should be approved through the passage of this Ordinance and
that the Mayor should be authorized to execute it on behalf of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1. All of the above premises are found to be true and correct and are hereby
affirmed and adopted as findings by the Town Council of the Town of Trophy Club.
Section 2. The Town Council hereby approves the terms of this Ordinance adopting
the First Modification to the Communications Site Lease Agreement by and between the Town
of Trophy Club and Nextel of Texas, Inc., a Texas corporation, d/b/a Nextel Communications,
attached hereto and incorporated herein as Exhibit “A”, as if the terms of such First Modification
were written herein word for word.
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Section 3. The Mayor is hereby authorized to execute the First Modification to the
Agreement.
Section 4. This Ordinance is hereby approved and shall become effective
immediately upon its passage.
DULY PASSED AND APPROVED this the 24th day of July, 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
67
EXHIBIT “A” TO ORDINANCE NO. 2006- ____
THE STATE OF TEXAS §
§ First Modification of Agreement for
§ Communications Site Lease
COUNTY OF DENTON §
THIS First Modification of the Agreement for a Communications Site Lease related to the
location of a communications site by and between NEXTEL OF TEXAS, INC., d/b/a NEXTEL
COMMUNICATIONS (hereinafter “Nextel” or “Tenant”) and THE TOWN OF TROPHY CLUB,
TEXAS (hereinafter “Town”), is made and entered into on this the _____ day of
___________________, 2006, by and between Nextel, and Town, a home rule municipal
corporation, acting by and through its Mayor (hereinafter “First Modification”).
W I T N E S S E T H :
WHEREAS, Town and Nextel entered into a Communications Site Lease Agreement to allow
the location of a communications facility upon property owned by the Town on or
about August 29, 2005 (hereinafter “Agreement”); and
WHEREAS, Subsequent to the execution of the Agreement, Nextel petitioned the Town’s
Zoning Board of Adjustment for a special exception to allow a ten foot screening
wall in place of the proposed eight foot screening wall; and
WHEREAS, The Town’s ZBA approved that request for special exception which necessitated
an amendment to the existing Agreement; and
WHEREAS, Town and Nextel desire to modify that Agreement in certain respects to reflect the
special exception as set forth herein in this First Modification;
NOW THEREFORE, IN CONSIDERATION of the foregoing, and for other good and valuable
consideration, the parties hereto agree as follows:
I.
Incorporation of Agreement
The Agreement is incorporated herein as if written word for word. Except as provided
below, all other terms and conditions of the Agreement shall remain unchanged and shall
remain in full force and effect. In the event of any conflict or inconsistency between the
provisions set forth in this First Modification and the Agreement, priority of interpretation shall be
in the following order: First Modification; Agreement.
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II.
Modification of Agreement
Effective as of the day and year first written above, Exhibit “B” of the Agreement entitled
“Description of Premises” is hereby modified to specify the requirement for a “TEN FOOT (10’)
HIGH 25‘ BY 30’ SCREEN WALL AREA (WALL TO MATCH EXISTING SURROUNDING
WALLS)” rather than the requirement of an Eight Foot (8’) wall. A copy of revised Exhibit “B” is
attached hereto and incorporated herein.
IN WITNESS WHEREOF, the parties enter into this First Modification on the date first written
above.
NEXTEL COMMUNICATIONS
Date: ______________ BY: _____________________________
Title:_________________________
TOWN OF TROPHY CLUB, TEXAS
Date: ______________
BY: ______________________________
C. Nick Sanders
Mayor
APPROVED AS TO FORM:
_________________________________
Town Attorney
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-24-2006
Subject: Agenda Item No.D.5
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 8.03, entitled "Community
Development Department", subsection "C" (1); by amending subsection "C" (2); by
amending subsection "R" by adding (1)(a)(b) and (2); by amending subsection "V"
to add radio antennas; by amending subsection "W" to add banner signs; by
amending Section 8.04, entitled "Planning & Zoning Department", subsection "N"
to add special exception; by amending Section 8.06, entitled "Animal Control",
subsection "E"; by amending Section 8.07, entitled "Emergency Medical Services
Billing", subsections "A", "B", "C" and "D".
EXPLANATION:
Building Fees – Adopts the Uniform Building Code (UBC) Building Fees for Commercial
Construction to more closely match the fees charged by Mitchell Planning Group for plan review
and building inspections. The current fee structure does not cover the cost for outside plan
review and building inspections. Mitchell Planning Group’s rate schedule for residential
construction is not based on UBC and therefore does not require amendment.
Dangerous Dog Registration – Increased the fee from $25 to $50 as allowed by state law.
Radio Antenna – Added a fee for radio antennas. We are currently using the Incidental Permit
fee.
RECOMMENDATION:
ACTION BY COUNCIL:
(kcf)
Attachments: 1. Ordinance
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79
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-24-2006
Subject: Agenda Item No.D.6
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1.List
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Items for 8/7 Agenda:
Community Development presentation of street repairs and bonds, including recommendation.
Discuss and take appropriate action regarding a Resolution authorizing the intent to sale the Remaining
Street bonds.
Council to discuss the procedures by which Council will move forward on Vision 2010.
Discuss and provide input regarding an amendment to Chapter 8, entitled "Nuisances" of the Trophy Club
Code of Ordinances, by amending Sections 4.03 to Article IV, entitled "Abandon and Junk Vehicles"
Discuss and take appropriate action regarding an Ordinance on Building Standards.
Discuss and take appropriate action regarding an Ordinance appointing a Records Management Officer.
Discuss and take appropriate action regarding an Electric Franchise Ordinance amendment to require
quarterly payment of franchise fees.
Discuss and take appropriate action regarding a Resolution to approve the placement of a proposal to
adopt a 2006 Tax Rate on September 18, 2006 Town Council Public Meeting Agenda.
Items for Future Agendas
Formal report by the Park Board as to their progress since being created and their plans. (8/7)
Town Council to conduct a Public Hearing regarding the budget and proposed tax rate increase for fiscal
year October 1, 2006 to September 30, 2007. (8/21)
Discuss and take appropriate action regarding a Resolution to approve the placement of a proposal to
adopt a 2006 Tax Rate on September 18, 2006 Town Council Public Meeting Agenda. (8/21)
Accepting a banking RFP on (8-21)
Public Hearing: Town Council to conduct a public hearing regarding the Budget and proposed tax rate
increase for fiscal year October 1, 2005 to September 30, 2006. (During the public hearing, the Mayor
will announce the date, time and place of the vote on tax rate.) (9/11)
Discuss and take appropriate action relative to an Ordinance amending Article VIII , "Schedule of Fees",
Chapter 1 of the Code of Ordinances, entitled “Administration”, by amending Sections 8.03 Y. Storm
Water Drainage Utility
Discuss and take appropriate action regarding a Resolution approving the tax roll of the Denton Central
Appraisal District for 2006. (9/18)
Discuss and take appropriate action regarding an Ordinance adopting and approving the Budget for the
fiscal year beginning October 1, 2006, and ending September 30, 2007. (9/18)
Discuss and take appropriate action regarding an Ordinance fixing and levying Municipal Ad
Valorem Taxes for the fiscal year beginning October 1, 2006, and ending September 30, 2007.
(9/18)
Items for Future Agendas – Dates to be Determined
Long term capital project list, projected fiscal impact and surveys for resident input on potential projects.
Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek.
Status of street repairs and bonds, including recommendation.
Discussion and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of
improvements for area to create a linear park.
Payment Agreements with Master District for municipal annex.
Recognition of the NISD, girl's golf and hockey teams.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-24-2006
Subject: Agenda Item No.D.7
Informational Only - Additional Information for Council as provided by the
Department of Police and Fire Services.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Stats
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Monthly Crime/Patrol Stats
June – 2006
Monthly Crime/Patrol Stats
Jan - June – 2006
TOTAL
TOTAL
209 Traffic Stops 1235 Traffic Stops
66 Traffic Citations (Moving) 368 Traffic Citations (Moving)
63 Traffic Citations (Non - Moving) 360 Traffic Citations (Non - Moving)
154 Warning Citations 556 Warning Citations
5 Parking Citations 555 Parking Citations
1 Parking Warnings 20 Parking Warnings
14 Vehicle Searches 57 Vehicle Searches
2 DWI Investigations 16 DWI Investigations
0 Accidents 18 Accidents
0 Felony Arrests 3 Felony Arrests
9 Misdemeanor Arrests 49 Misdemeanor Arrests
295 Dispatched Calls 1612 Dispatched Calls
30 Number of Written Reports 259 Number of Written Reports
10 Out of City Assistance Calls 67 Out of City Assistance Calls
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-24-2006
Subject: Agenda Item No.D.8
Consent agenda: Discuss and take appropriate action to approve financials dated
June 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-24-2006
Subject: Agenda Item No.D.9
Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
July 10, 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. July 10, 2006 Minutes
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MINUTES OF JOINT BUDGET WORKSHOP BETWEEN THE TOWN
COUNCIL, EDC 4A AND EDC 4B/REGULAR TOWN COUNCIL
MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, July 10, 2006
6:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Joint Budget Workshop between Town Council,
EDC 4A and EDC 4B / Regular Session on Monday, July 10, 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
Gregory Lamont Council Member
Philip Sterling Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Roger Unger Finance Director/Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Beth Ann Gregory Community Development Director
Adam Adams Parks and Recreation Director
Danny Thomas Acting Fire Chief
Mike Pastor IS Manager
Dwight Morrow EDC 4A
Gary Cantrell EDC 4A
J.D. Harvey EDC 4A
Neil Twomey EDC 4A
Mathew Graham EDC 4A
Rebecca Shuman EDC 4B
James Hicks EDC 4B
Bill Devlin arrived at 6:30 EDC 4B
Doyle Nicholson arrived at 6:41 EDC 4B
A.1 Mayor Sanders called the Regular Session to order at 6:07 p.m. noting a quorum was present.
Mayor Sanders advised that since EDC 4B did not have a quorum, Council would move into a Joint Budget
Workshop with Ways and Means.
A.2 Mayor Sanders gave the invocation.
A.3 Council member Lamont led the pledges.
TOWN COUNCIL TO CONVENE INTO WORKSHOP SESSION
WORKSHOP SESSION
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A.4 Joint Budget Workshop - Town/EDCs/Ways (6:00 - 8:00)
Brandon Emmons commented that staff is presenting a balanced budget which includes the 2% COLA’s and 2 – 4%
Merit increases. Emmons suggested restructuring the Merit increase and establishing an administration rate
adjustment fund of $25,000. Theses funds will be distributed based upon a true merit system, which will
decrease the tax rate from 7.10 to 4.10%. Emmons also explained that the Street and Sewer line items were
separated into individual departments.
Council member Edstrom questioned the status on the presentation of street repairs. Beth Ann Gregory responded
that this is scheduled for August 21, 2006. Edstrom’s preference is to move the presentation up to the
August 7, 2006 meeting.
Council directed staff to look at reducing the communications/mobiles/pagers line item through out the entire
budget.
J.D. Harvey called EDC 4A to order at 6:52 p.m. noting a quorum was present.
Jim Hicks called EDC 4B to order at 6:52 p.m. noting a quorum was present.
Roger Unger presented the EDC 4A and 4B budgets and provided a general overview.
Adam Adams spoke to potential projects and advised that the Parks and Recreation Board previously listed the
renovation of Harmony Park as one of the top priorities. Adams also explained the Marshall Creek Grant
that has been proposed to EDC 4B and added that he would be showing a presentation of future Park
development to the EDCs.
Council member Edstrom supports these projects and requested that Adam also show Council this presentation.
Edstrom was concerned about Marshall Creek’s reimbursement to EDC 4B, she feels that we are charging
them to the point where there is nothing left when we need to be building the revenues.
Council member Cates and Mayor Pro Tem Williams agreed and would like to see how EDC 4A plans to spend the
money.
Mayor Sanders concurred with the idea of funding projects for Parks and Rec without expecting reimbursement. In
addition he encouraged EDC4B to find creative ways to entice businesses to Trophy Club.
A.5 EDC 4A and EDC 4B to Adjourn.
Motion made by Bill Devlin, seconded by Rebecca Shuman to adjourn. Motion passed unanimously.
Motion made by Gary Cantrell, seconded by Matthew Graham to adjourn. Motion passed unanimously.
EDC 4A and EDC 4B adjourned at 7:45 p.m.
Brandon Emmons advised that the current staffing of the Fire Department has recently been called into question and
proposed adding 1.5 fire fighters into the budget. A financial analysis was presented that presented the cost
for this proposal with the town paying 100% through a shared arrangement with the MUD’s to where the
MUD’s funded the positions 100%.
Mayor Pro Tem Williams asked about the cost savings of moving the COLA’s from October to April 1 and delaying
the Police and Fire salary increase of $2,500, as he does not support a tax increase to the Town of Trophy
Club.
Brandon Emmons responded that there would be approximately a $4,500 savings to push back the $2,500 salary
increases and approximately $2,220 by pushing back the COLA’s.
Mayor Pro Tem Williams stated that delaying these two six months would balance the budget.
Workshop concluded at 8:00 P.M.
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Mayor Sanders called a 5-10 minute recess.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION AT 8:10 P.M.
*REGULAR SESSION
B.1 Citizen presentations: this is an opportunity for citizens to address the Council on any matter whether or not
it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made
to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations
on specific agenda items prior to the Council addressing those items.
No citizen presentations were made.
B.2 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no
action taken regarding any individual project posted under this item and discussion will be limited. If
extensive discussion is required, the item may be placed on a future agenda.
Administration:
Want to be an involved Citizen?
The Town Council is seeking residents that are willing to spend a few hours a month to serve their
community. There are vacancies on several Boards and Commissions and we need your help.
Applications will be accepted through the month of July for Economic Development Corporation A,
Economic Development Corporation B, Planning and Zoning Commission, Tree Board and Zoning Board
of Adjustment.
This is a wonderful way to get involved in your local government. Applications and required supplements
can be downloaded from our website at: www.ci.trophyclub.tx.us, obtained at the Municipal Utility District
Building located at 100 Municipal Drive, emailed, faxed or mailed to you. Inquiries or questions should be
directed to Lisa Ramsey, Town Secretary at 682-831-4601or lramsey@ci.trophyclub.tx.us.
Water / Wastewater Task Force with MUD's and DR Horton
We had our 2nd meeting to discus the various financing options for the infrastructure for the DR Horton
Subdivision. It was decided that the best option would be for the development to ask for annexation into
MUD 2 and to create a Public Improvement District (PID).
1. Horton would not have to pay an up front price to buy in to the excess capacity in WW Treatment
2. MUD's and citizens would benefit from their investment in capacity
3. MUD 2 citizens would receive lower tax rates as Houses were finished.
4. Bond debt could be paid off faster if houses came into MUD 2 and MUD 2 did not increase its debt
5. MUD's would be able to build the 2nd elevated water storage just by having increased tax base
6. PID would not include public buildings or elevated Water Storage.
7. PID would issue bonds for some of the infrastructure which might range from 13 to 18 million
8. PID assessments would only include infrastructure directly related to houses in PID
Town Rankings
The Town of Trophy Club was recently named the 7th best suburb in the DFW area. This ranking is up
from #15 last year. The rankings were based on factors such as population growth, crime rates, academic
performance, and home values. The Town was also ranked as the #2 Best Deal in the Metroplex.
Community Development:
Streets & Infrastructure
Traffic Calming – We will begin pre-marking Indian Creek for striping the end of this week. The striping
process will take approximately two weeks to complete. Please use extra caution in the areas where
workers are present.
Nextel/Sprint Flag Pole Tower
The construction of the building and flag pole are nearing completion. Construction of the 10 foot wall that
will surround the equipment building is scheduled to begin on July 17th. The concrete wall will have a
cobblestone finish similar in color to the marquees. A combination of perennial landscaping and seasonal
color will then be added around the wall.
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Permitting
The Town has issued 19 new home permits since October 1st with a total value of 10 million dollars
Finance:
Budget Workshop
The next budget workshop with the Town Council will be July 25th prior to the start of the Town Council
meeting.
Parks and Recreation:
4th of July
Thanks to all of the volunteers and workers who helped make the 4th of July Celebration a success.
Planning & Zoning:
Taco Bueno has submitted an application for PD amendment and Site Plan approval. The first set of
staff review comments have been forwarded to the applicant. These items are scheduled to go before the
Planning & Zoning Commission, 3 August 2006.
Value Place has submitted applications for the following: Amend the boundaries of PD-25 to incorporate
0.954 acres of unplatted property; Concept Plan Approval; and a Replat for Lots 4 and 5. The first set of
staff review comments have been forwarded to the applicant. These items are scheduled to go before the
Planning & Zoning Commission, 3 August 2006.
Police and Fire Services:
Police Services
The Police Department has just finalized the Communications Annex of the Town Emergency Plan. In
addition, the Department is reviewing a draft version of the Terrorism Annex and will have
comments completed by the end of the week. The Police and Fire Departments continue to work closely on
the required revision of the overall plan and will have the final copy submitted to the Texas Department of
Emergency Management soon.
As a result of comments from Town Staff and citizens concerning law enforcement at Marshall Creek
Park, the Police Department has provided the Town Manager with cost options (un-funded) of
providing off duty officers to conduct limited patrols of Marshall Creek Park and the Grapevine Lake
"beach" during the remaining warm weather months (approx 15 wks) The report suggests that perhaps the
funding could be provided from Marshall Creek Park revenues. The eight cost options for the limited patrol
range from $21,600.00 (OT/2 officers/3 days/8 hrs per shift) to $4,800.00 (2 reserves/2 days/4 hrs per
shift).
Fire Services
Holt Power Systems set the Emergency generator Saturday and we will be on line by the end of the week.
The roof of the DPS building is well underway and should be finished by the end of next week. 4th of July
was great and no major fires, very few citations or warnings given out.
Spec work on a new fire truck is under way and a recommended purchase will be given to the Master
district in August.
D.1 Discuss and take appropriate action regarding a Resolution providing criteria and policy guidelines for use
in the selection of a depository services provider.
Brandon Emmons introduced the proposed Resolution as policy guidelines for use by the Town’s designated officer
in the consideration and recommendation for selection of one or more depository service providers. State
law specifies that specific criteria be set for banking guidelines and suggested that the Town look for
service issues and liability in our banking services.
Motion made by Council member Edstrom, seconded by Council member Cates to approve a Resolution providing
criteria and policy guidelines for use in the selection of a depository services provider and naming the
Town Manager as the designated officer.
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Council member Lamont questioned if the banks in Trophy Club would receive special consideration.
Brandon Emmons advised that pursuant to Chapter 105 of the Texas Local Government Code the Resolution in Item
D.2 would permit the consideration of applications from banking institutions that do not do business within
the Town of Trophy Club but have a qualified office or branch located within ten miles from Town’s main
office.
Council member Sterling would like to see a requirement that all applicants are members of the FDIC or NUCA, as
the goal is the preservation of the money that the Town puts in.
Cates commented that this is a rating requirement and listed in the Criteria for Evaluation Form.
Motion passed unanimously without further discussion.
D.2 Discuss and take appropriate action regarding a Resolution adopting a written policy authorizing the
consideration of an application to provide depository services to the Town from a qualified financial
institution that is not doing business within the Town.
Brandon Emmons explained that pursuant to Chapter 105 of the Texas Local Government Code, this Resolution
allows Council the option of considering outside financial institutions as a provider of depository services if
those outside entities have a qualified office or branch located within ten miles of the Town Hall.
Motion made by Mayor Pro Tem Williams, seconded by Council member Cates to approve a Resolution adopting a
written policy authorizing the consideration of an application to provide depository services to the Town
from a qualified financial institution that is not doing business within the Town.
Mayor Sanders added that the ten-mile radius covers several banks in our area.
Brandon Emmons commented that considering the current banking business the Town conducts, the ten-mile radius
might be a little excessive,
Council member Lamont hopes the Town looks favorable to the banks in Trophy Club.
Motion passed unanimously without further discussion.
D.3 Discuss and provide input on the implementation of traffic calming.
Brandon Emmons advised that this is an operational issue, but felt that it was appropriate to bring before Council for
their input. Emmons explained the plan for the traffic calming implementation on Indian Creek and the
Diagram of the overall project.
Mayor Pro Tem Williams suggested striping go all the way to Brook Hollow, as it is a two-lane road not a four-lane
road.
Council member Cates agreed that this is a dangerous section.
Patricia Adams answered Council member Edstrom’s question that the specifications designating two and four lanes
are under the thoroughfare plan in the Traffic Ordinance.
Brandon Emmons added that based on the traffic count numbers, the best scenario for this intersection is a two-lane
road which allow easy entrances and exits off this road, with traffic calming starting at Woodlands Court.
Emmons also spoke to the traffic calming at Skyline explaining that since this road narrows, staff proposes
keeping it two lanes on one side of the road and reducing the width of the calming to 1 ½ foot in the narrow
section.
Mayor Pro Tem Williams confirmed the road width would be the same and only the calming width will be reduced.
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Council member Sterling is in favor of striping all the way to Brook Hollow as it helps the traffic flow and stated
that the most dangerous intersection is at Trophy Wood Drive and Indian Creek, suggesting that the traffic
calming be extended and reducing the road to only one turning lane.
Beth Ann Gregory responded that based on the traffic counts at this intersection, reducing the road to one turning
lane would back up traffic well beyond the Woodlands.
Council member Cates feels the traffic calming marked in orange on the diagram would be best pursued as
sidewalks.
Mayor Sanders clarified Council’s consensus to extend traffic calming down to Brook Hollow.
Margi Cantrell 1105 Sunset Drive - Spoke in favor of the traffic calming.
JD Harvey, 5 Sunrise Court - Spoke to the issues on Indian Creek and Trophy Wood Drive requesting that Council
educate the residents about walker safety.
Mayor Sanders clarified that the traffic calming and striping of the streets is not for the purpose of creating a
walking path.
Council member Cates requested staff include walker safety information in the newsletter.
No action taken.
D.4 Discuss and take appropriate action regarding award/rejection of bids received for the Paving
Rehabilitation, Joint and Crack Sealing project.
Brandon Emmons explained that the Town recently went out for bid for the 2006 Pavement Rehabilitation - Joint &
Crack Sealing project and received only one bid. Emmons added that the lack of response is a reason to
consider bringing this service in house. Staff recommends awarding the bid to Concrete Penetrating
Company.
Motion made by Council member Edstrom, seconded by Council member Cates to award the bid to Penetrating
Company for the Paving Rehabilitation, Joint and Crack Sealing project.
Motion passed unanimously without further discussion.
D.5 Discuss and take appropriate action to approve Minutes dated, May 8, 2006.
Motion made by Mayor Pro Tem Williams, seconded by Council member Cates to approve Minutes dated, May 8,
2006.
Motion passed 3:0:2, with Mayor Pro Tem Williams and Council members Cates and Edstrom voting for and
Council members Lamont and Sterling abstaining.
D.6 Discuss and take appropriate action relative to an Ordinance amending Article VIII, "Tree Preservation and
Removal", Chapter 12 of the Code of Ordinances, entitled “ Subdivision Rules & Regulations”, by
amending Sections 8.03 and adding Section 8.12.
Brandon Emmons commented that the amendments are housekeeping in nature. The original language had a clause
that allowed for any development less than one acre be excluded from this ordinance, if the developer finds
this too burdensome the appeal process is still in effect and can be challenged. An exception clause to
other taxing authorities within Trophy Club has also been added. Emmons continued that when working
with the school district on the possibility for a new high school this need was recognized as the mitigation
of the trees on this site is overly cumbersome and this exception would help another agency within the
community.
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Motion made by Council member Edstrom, seconded by Council member Lamont to approve an Ordinance
amending Article VIII, "Tree Preservation and Removal", Chapter 12 of the Code of Ordinances, entitled “
Subdivision Rules & Regulations”, by amending Sections 8.03 and adding Section 8.12.
Mayor Pro Tem Williams questioned what impact the school board would face doing this. Brandon Emmons
responded that the staff would work with the School Board to maintain the Town’s status as a tree city.
Motion passed unanimously without further discussion.
D.7 Discuss and provide input regarding an amendment to Chapter 2, entitled "Public Safety" of the Trophy
Club Code of Ordinances, by amending Sections 2.05 to Article II, entitled "Traffic & Vehicles" to prohibit
parking within 20 feet of crosswalks.
Brandon Emmons advised that these additions to our traffic ordinance would allow clearer view for drivers and
pedestrians around crosswalks. This item is simply for discussion purposes. If staff is directed to proceed,
the amended Ordinance will be placed on the July 24, 2006 Consent Agenda.
Motion made by Mayor Pro Tem Williams, seconded by Council member Edstrom directing staff to proceed with
amendment to Chapter 2, entitled "Public Safety" of the Trophy Club Code of Ordinances, by amending
Sections 2.05 to Article II, entitled "Traffic & Vehicles" to prohibit parking within 20 feet of crosswalks
and bring back to the July 24, 2006 meeting.
Council member Cates feels that the Ordinance conflicts with people parking in front of their own homes and
suggested adding certain time frames for no parking in specified areas.
Beth Ann Gregory responded that crosswalks would not be installed in controlled areas that the intent is for
uncontrolled intersections.
Council member Sterling does not feel that this is that big of an issue. A typical lot front is 70 feet, people would
only loose one third of their parking.
Council member Cates believes the restrictions are unnecessary and are not fair to the residents.
Council member Edstrom explained that only a limited amount will be affected with this amendment and will create
better visibility.
Patria Adams advised that Council could designate by locations, however, as with stop signs, we would be
amending constantly.
Mayor Sanders informed that this item is for discussion and Council input and asked that the motion made earlier be
removed.
Mayor Pro Tem Williams removed his motion, the second agreed. Motion was removed from consideration.
Mayor Pro Tem Williams suggested that staff come back with exact locations of the crosswalks.
Council member Cates questioned if the residents that would be impacted have a say.
Beth Ann Gregory reassured Council that staff would come back with an Ordinance that has minimal impact to the
residents.
No action taken.
D.8 Discuss and provide input regarding an amendment to Chapter 2, entitled "Animal Control" of the Trophy
Club Code of Ordinances.
Brandon Emmons advised this is a general cleanup of the Town’s Animal Ordinance and the recent change in State
Law regarding the vaccination schedule prompted the revisions. The vaccination schedule has been
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changed from one to three years, additional definitions have been added and formatting has been changed
throughout the Ordinance for clarity.
Mayor Sanders confirmed that staff is seeking Council’s input whether the definition for livestock should also
include: chickens, roosters, and other fowl.
Council member Cates thinks that establishing a maximum number of dogs and cats to four of each species or six of
a combination of both over six months of age per residence was a great idea.
Council directed staff is to find the correct wording of foul and livestock.
Mayor Sanders requested that staff make additional revisions and bring back before Council.
D.9 Items for Future Agenda.
Long term capital project list, projected fiscal impact and surveys for resident input on potential projects.
Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek.
Status of street repairs and bonds, including recommendation.
Sale of Remaining Street bonds. (8/21)
Discussion and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of
improvements for area to create a linear park.
Discussion and appropriate action regarding approval of a Development Agreement for Eagles Ridge Phase
II.
Payment Agreements with Master District for municipal annex.
Recognition of the NISD, girl's golf and hockey teams.
Discuss and take appropriate action regarding the creation of a committee to review the Town Charter.
Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance establishing
the Town's Emergency Management System.
Council to discuss the procedures by which Council will move forward on Vision 2010. (8-7)
Discuss and provide input regarding an amendment to Chapter 8, entitled "Nuisances" of the Trophy Club
Code of Ordinances, by amending Sections 4.03 to Article IV, entitled "Abandon and Junk Vehicles"
(8/07)
Accepting a banking RFP on (8-21)
Consideration of enactment of Hotel/Motel Tax
Consideration of request by the Lakes of Trophy Club HOA to extend traffic laws to the private streets
located in the gated community portion of the Lakes.
Discuss and take appropriate action regarding an Ordinance on Building Standards. (8/7)
Discuss and take appropriate action regarding an Ordinance appointing a Records Management Officer.
(8/7)
Discuss and take appropriate action regarding an Electric Franchise Ordinance amendment to require
quarterly payment of franchise fees. (8/7)
Council member Cates mentioned the request received from the Children’s Advocacy Center to make a presentation
to Council and agreed that it should not be included to the list.
Council member Edstrom spoke to the cumbersome nature of the Town Attorney’ review having to review and
prepare Ordinances to present to Council twice before approval.
Council member Lamont suggested that the item to consider Lakes of Trophy Club HOA request extending traffic
laws to the private streets located in the gated community portion of the Lakes, come before Council prior
to school starting. Council and staff agreed to place on the July 24th meeting.
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.
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Motion made by Council member Edstrom, seconded by Council member Cates approving Consent Agenda, Items
D.10 – D.14.
Motion passed unanimously without further discussion.
D.10 Consent Agenda: Discuss and take appropriate action regarding the transfer of funds from the Town GASB
account not to exceed the amount of $1,650.
D.11 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving the Designation of
Grant Officials Change Form on the Grant for the School Resource Officer Program for the 2006-07 fiscal
year.
D.12 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, May 22, 2006.
D.13 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, June 5, 2006.
D.14 Consent Agenda: Discuss and take appropriate action regarding Minutes dated, June 19, 2006.
F.1 Adjourn.
Motion made by Mayor Pro Tem Williams and seconded by Council member Sterling to adjourn. Motion passed
unanimously without any discussion.
Meeting adjourned at 9:25 p.m.
* The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open
Meeting Act, LGC.551.071
________________________________________ _________________________________________
Lisa Ramsey, Town Secretary C. Nick Sanders, Mayor
Town of Trophy Club Town of Trophy Club
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-24-2006
Subject: Agenda Item No.D.10
Consent Agenda: Discuss and take appropriate action relative to an Ordinance
amending Chapter 10 entitled, "Public Safety", Article II, entitled "Traffic and
Vehicles", of the Code of Ordinances, by amending Sections 2.05 entitled,
"Parking", Subsection C, paragraph (1) and adding paragraph (2)(a) and (b);
amending Section 2.07 to adopt a new Section 2.07, entitled "Private Streets",
including Subsections (a)(1-7); and by adding Section 2.08, entitled "Penalty".
EXPLANATION:
At the end of June, the Town received a request to extend state and local traffic laws to private
streets within the Lakes Subdivision from Terri Lane, Vice President of the Lakes of Trophy
Club Homeowners Association. Under state law, private streets are not subject to traffic laws
unless the extension of traffic laws to those streets is specifically requested by either a
percentage of the subject property owners or by the governing body of the entity that maintains
the private streets. The Lakes HOA has requested that all traffic laws, both current and future, be
enforced in the privately gated community of Meadow Ridge. A copy of the letter from the
HOA, correspondence, and a draft ordinance amendment are provided in the backup.
Amendments to this ordinance prohibiting parking within 20 feet of crosswalks were discussed
at the July 10, 2006 meeting to allow clearer view for drivers and pedestrians around crosswalks.
As per Council’s recommendations the new language prohibits parking at two crosswalks on
Village Trail adjacent to the Lakeview Elementary campus and one at 500 Parkview, which
connects the pool and Independence Park. These amendments do not affect parking in front of
any resident’s home. Parking is already prohibited at Beck Elementary between the hours of
7:00 am and 9:00 am and 2:30 am to 4:30 pm on school days.
Aerial views of the recommended locations are included for Council review.
RECOMMENDATION:
Staff recommends approval.
(bg / paa)
Attachments: 1. Memo and Letter requesting extension of traffic rules (Meadow Ridge)
2. Aerial Images of Affected Crosswalks
3. Ordinance
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Village Trail Adjacent to Lakeview Elementary
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500 Parkview Connecting the Pool and Independence Park
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-__
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, BY
AMENDING ARTICLE II, ENTITLED “PUBLIC SAFETY” OF
CHAPTER 10, ENTITLED “PUBLIC SAFETY”, SECTION 2.05,
“PARKING”, SUBSECTION C, PARAGRAPH (1) AND ADDING
PARAGRAPH (2)(a) AND (b) TO: PROVIDE PARKING REGULATIONS
NEAR CROSSWALKS; AMENDING SECTION 2.07 TO ADOPT A NEW
SECTION 2.07, ENTITLED “PRIVATE STREETS”, INCLUDING
SUBSECTIONS (A)(1-7) TO: PROVIDE REGULATIONS FOR PRIVATE
STREETS; AND BY ADDING SECTION 2.08, ENTITLED “PENALTY”
TO: RENUMBER THE PENALTY SECTION; PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE AUTHORIZING UPON
CONVICTION, A FINE OF NOT LESS THAN ONE DOLLAR ($1.00) NOR
MORE THAN TWO THOUSAND DOLLARS ($2,000.00), AS ALLOWED
BY LAW, AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED UPON EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a home rule municipality duly formed under
the Constitution and the laws of the State of Texas; and
WHEREAS, the regulation of traffic is essential to the furtherance of public health,
safety and welfare; and
WHEREAS, Section 542.008 of the Texas Transportation Code authorizes a
municipality to extend traffic regulations to private subdivisions upon the request of the
governing body of the entity that maintains the roads of the private subdivision; and
WHEREAS, the Town has received a request from The Lakes of Trophy Club
Homeowners Association to extend all traffic rules that apply to roads owned by the Town to the
private roads within its privately-gated community of Meadow Ridge; and
WHEREAS, the Lakes of Trophy Club Homeowners Association maintains private
roads within its subdivision and is therefore empowered to make a request of the Town to extend
traffic regulations; and
WHEREAS, having considered public safety and the welfare of those persons traveling
the private roads within Meadow Ridge, the Town Council finds that enacting an ordinance to
extend traffic regulations, both current and future, to private roads within the privately gated
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community of Meadow Ridge serves the best interests of the public and the Town generally and
is a valid governmental function; and
WHEREAS, the Town Council determines that regulating parking in relation to certain
crosswalks within the Town will increase visibility and further the public health, safety and
welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Article II entitled, “Traffic & Vehicles” of Chapter 10, entitled “Public Safety” of the
Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended to modify Section
2.05, entitled “Parking”, subsection C, paragraph (1) and adding paragraph (2)(a) and (b), so that
(C) (1) and (2)(a) and (b) of Section 2.05 are hereby revised as follows:
“C. Parking on Unapproved Surfaces
1. A person commits an offense if he stops, stands or parks a motor vehicle on a lot,
unless the vehicle is on an approved paved surface.
2. It shall be unlawful to park a motor vehicle within twenty feet (20’) of the marked
crosswalks at the following locations.
a. 500 Parkview Lane
b. 100 Village Trail west of Alamosa”
2.02 Article II, entitled “Traffic and Vehicles” of Chapter 10, entitled “Public Safety” of the
Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended to modify Section
2.07 entitled “Penalty” to adopt a new Section 2.07 entitled “Private Streets”, so that Section
2.07 (A)(1-7) read in its entirety as follows:
Section 2.07 Private Streets
“A. All state law and Town Ordinances and rules regulating traffic on public streets within the
Town of Trophy Club, both those existing on the date of the adoption of this Section and
those subsequently enacted, shall apply to the private streets specified below. Such private
roads are deemed to be public highways or streets for the purposes of the application and
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enforcement of the traffic regulations imposed under this Section:
1. Briarwood Court
2. Glen Hurst Court
3. Glenwick Court
4. Meadow Ridge Drive
5. Ridgewood Drive
6. Winsted Court”
2.03 Article II, entitled “Traffic and Vehicles” of Chapter 10, entitled “Public Safety” of the
Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended to add a new
Section 2.08 entitled “Penalty”, so that Section 2.08 reads as follows:
Section 2.08 Penalty
“It shall be unlawful to violate any provision of this Article, and any person violating or failing
to comply with any provision of this Article shall be fined, upon conviction, not less than One
Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), as allowed by law, and a
separate offense shall be deemed committed upon each day during or on which a violation occurs
or continues.”
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town affecting
traffic regulations and shall not repeal any of the provisions of such ordinances except in those
instances where provisions of those ordinances are in direct conflict with the provisions of this
Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the
Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the
provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing,
any complaint, action, cause of action or claim which prior to the effective date of this Ordinance
has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be
deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
the Ordinance, and the Town Council hereby declares it would have passed such remaining of
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the Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this
Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town
Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the
Town.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Two
Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed
upon each day during or on which a violation occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with law, and it
is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this the 24th day of July, 2006.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST: [SEAL]
_________________________________________
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: 7-24-2006
Subject: Agenda Item No.D.11
Consent Agenda: Discuss and take appropriate action relative to an Ordinance
amending Article I, "Animals", Chapter 2 of the Code of Ordinances, entitled
“Animal Control”, by amending Sections 1.01 – 1.27.
EXPLANATION:
This is a general cleanup of the Town’s Animal Ordinance, which was presented to Council for
review and discussion on August 10, 2006. The summary of the major content changes are as
follows:
¾ Local Health Authority replaced throughout the Chapter with Local Rabies Control as
required by state law
¾ Allows for Right of Entry and Search Warrants to capture dangerous animals or an
animal that is being cruelly treated.
¾ Establishes a maximum number of dogs and cats to four of each species or six of a
combination of both over six months of age per residence. Animals registered with the
Town prior to July 31, 2006 would be grandfathered.
¾ Adds Prohibited Actions Against Animals to help ensure their humane treatment
¾ Addition of the ability for the Town to provide for Protective Custody of an animal in the
event of an emergency
¾ Vaccination Schedule changed to match current state law
RECOMMENDATION:
Staff recommends passage.
ACTION BY COUNCIL:
(bg)
Attachments: 1. Ordinance
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, BY
REPEALING SECTION 1.01 THROUGH SECTION 1.27 OF CHAPTER II,
ENTITLED “ANIMAL CONTROL”, OF THE CODE OF ORDINANCES,
AND ADOPTING A NEW CHAPTER II, ENTITLED “ANIMAL
CONTROL”, SECTION 1.01 THROUGH SECTION 1.27 OF THE TOWN
OF TROPHY CLUB TO: ADOPT NEW REGULATIONS GOVERNING
ANIMAL CONTROL; PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”),
recognizes the need for consistency with state law requirements; and
WHEREAS, in an effort to provide its citizenry with efficient and up-to-date regulations,
the Town has determined the need to adopt new regulations governing animal control; and
WHEREAS, the Town has the authority and the power to adopt regulations relating to
the control of the public health of its citizens, the Town Council hereby finds and declares that it
is in the interest of the public health, safety and general welfare to establish the regulations set
forth in this ordinance for the control of animals within the limits of the Town of Trophy Club.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Chapter II, entitled “Animal Control”, Section 1.01 through Section 1.27, is hereby
repealed, so that Section 1.01 through Section 1.27 reads as follows:
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“Section 1.01 Definitions
Abandon: Shall mean to dump, desert, or leave any Animal on public or private property with
the intent of terminating any further responsibility for said Animal; and shall also mean failing to
properly redeem or properly release any animal Impounded or Quarantined by the Town.
Animal: Shall mean any living creature, classified as a member of the animal kingdom including
but not limited to: Dogs, Cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl, and
Livestock, but specifically excluding human beings.
Animal Control Department: Shall mean an establishment that is operated, controlled, or
contracted with by the Town for the confinement, safekeeping, control and/or destruction of
Animals which come into the custody of the Town.
Animal Control Officer: Shall mean any individual employed, contracted with, or appointed by
the Town for the purpose of aiding in the enforcement of this act or any other law or Code
relating to the licensure of Animals, control of Animals, or seizure and Impoundment of Animals
and includes any state or local Law Enforcement Officer or other employee whose duties in
whole or in part include assignments that involve the seizure and Impoundment of any Animal.
Animal Shelter: Shall mean a facility operated by the Town or with which the Town has
contracted for the purpose of Impounding or caring for Animals held under the authority of this
Article or state law.
At Large: Shall mean when an Animal is not confined to the premises of its Owner by fence of
sufficient strength and/or height to prevent the Animal from escaping therefrom, inside the house
or other enclosure, or secured on such premises by a leash of sufficient strength to prevent the
Animal from escaping from the premises, and so arranged that the Animal will remain upon such
premises when the leash is stretched to full length in any direction. An Animal shall not be
considered “At Large” when held and controlled by a Person of adequate strength by means of a
leash, cord, chain, or rope of proper strength and length to control the action of the Animal, or
while confined within a vehicle. An “Invisible Fence” will suffice as sufficient restraint so long
as the Animal is not found outside the premises of the Owner and the Invisible Fence is
registered with the Animal Control Department.
Bite: Shall mean any abrasion, scratch, puncture, tear or piercing of skin caused by an Animal.
Cat: Shall mean all domestic species or varieties of felis catus, male or female, alive or dead.
Certificate of Registration: The Town shall register and issue a Certificate of Registration and a
license to any person living in the Town who files an application meeting the requirements of
this Chapter and owns or possesses a dog or cat requiring vaccination to prevent rabies. Such
Certificate of Registration is for the purpose of owner identification and in cases where the dog
or cat might become impounded, lost or injured.
(a) Application for the Certificate of Registration/License shall be made, by the owner, in
writing or in person, and be accompanied by proof that the dog or cat is currently vaccinated
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against rabies in accordance with the Texas Administrative Code, title 25, part 1, chapter 169.
Zoonosis Control, Rabies Control and Eradication. If there is a change in ownership, the new
owner shall have the identification tag transferred to his name within ten (10) days after taking
possession of the animal.
Dangerous Dog: Shall mean any dog that, according to the records of the appropriate authority;
1. Has aggressively bitten, attacked, or endangered or has inflicted Severe Injury on a
human being on public or private property; or
2. Has more than once severely injured or killed a domestic Animal while off the
Owner’s property; or
3. Has been used primarily or in part for the purpose of Dog fighting or is a Dog trained
for Dog fighting; or
4. Has, without provocation, chased or approached a Person upon the streets, sidewalks,
or any public grounds in a menacing fashion or apparent attitude of attack, provided
that such actions are attested to in a sworn statement by one or more Persons and
dutifully investigated by the appropriate authority.
Dangerous Wild Animal: Shall mean:
1. A lion;
2. A tiger;
3. An ocelot;
4. A cougar;
5. A leopard;
6. A cheetah;
7. A jaguar;
8. A bobcat;
9. A lynx;
10. A serval;
11. A caracal;
12. A hyena;
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13. A bear;
14. A coyote;
15. A jackal;
16. A baboon;
17. A chimpanzee;
18. An orangutan;
19. A gorilla; or
20. Any hybrid of an Animal listed in this section.
Dog: Shall mean all domesticated members of the canis familaris, male and female, alive or
dead.
Euthanasia: Means to humanely cause the death of an Animal by a method which:
1. Rapidly produces unconsciousness and death without visible evidence of pain or
distress; or
2. Utilizes anesthesia produced by an agent which causes painless loss of consciousness
with death following such loss of consciousness.
Harboring of Animals: Shall mean the keeping and caring, including but not limited to feeding
and providing water, for an animal for seventy-two (72) hours or longer.
Impound: Shall mean to seize and hold in the custody of the Local Rabies Control Authority or
other authority such as a Veterinarian.
Invisible Fence: Shall mean any fence which cannot be seen with the human eye but that is
designed to keep an Animal enclosed in a space by means of laser technology or sound
technology. Such Invisible Fence must not be capable of causing pain or discomfort to any
human being that crosses its path.
Law Enforcement Officer: Shall mean those authorized to enforce the provisions of this
Article, namely, the Local Rabies Control Authority, any Animal Control Officer, or any Law
Enforcement Officer.
Livestock: Shall mean generally accepted outdoor farm animals such as horses, mules, donkeys,
cattle, hogs, pigs (other than pot-bellied pigs), barnyard fowl, including but not limited to
chickens of any species and ducks, goats and sheep of any and all kinds, and shall include both
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the male and female species of such animals.
Local Rabies Control Authority: The Animal Control Officer is designated as the Local Rabies
Control Authority and has authority to appoint representatives to enforce the provisions of this
Article, to receive reports of Animal Bites, investigate Animal Bites, insure Quarantine of
possibly rabid Animals and otherwise carry out provisions of the Texas law pertaining to control
and eradication of rabies.
Neuter: Shall mean the surgical removal of the male reproductive organs of an animal to render
the animal unable to reproduce.
Owner: Shall mean a Person who harbors, keeps, possesses, or permits to be harbored, kept, or
possessed, an Animal in his care, on or about his premises, without regard to title, purchase, or
acceptance of Animal as a gift.
Person: Shall mean any individual, firm, association, partnership, or corporation or any other
legal entity.
Police Dog: Shall mean any Dog used by a law enforcement agency or its officers in the
administration of official duties.
Pot-Bellied Pig: The term “Pot-Bellied Pig” shall refer to a variety of swine that is no more than
eighteen inches (18”) in height at shoulder level when full grown, with short erect ears, and a
straight tail. Swine shall not be considered a Pot-Bellied Pig if its weight exceeds sixty (60)
pounds, or unless registered with a licensed breeder.
Prohibited Animals: Shall mean an Animal not normally considered domesticated including,
but not limited to, venomous lizard, poisonous snake, boa, python, raccoon, skunk, fox, bear,
elephant, kangaroo, monkey, chimpanzee, antelope, deer, any protected, threatened, or
endangered species as defined by the Texas Wildlife Commission and the U.S. Fish and Wildlife
Service, or any other Wild Animal capable of, or inflicted to do, serious bodily harm to humans
or other Animals or fowl.
Proper Enclosure of a Dangerous Dog: Shall mean, while on the Owner’s property, a
Dangerous Dog is securely confined indoors or in a securely enclosed and locked pen or
structure, suitable to prevent the entry of young children (nine (9) years of age or younger) and
designed to prevent the animal from escaping. Such pen or structure shall have secure sides and,
where appropriate, a secure top to prevent the Dog from escaping over, under, or through the
structure and shall also provide protection from the elements.
Quarantine: Shall mean strict confinement under restraint by closed cage or padlock or in any
other manner approved in this chapter or state law on the private premises of the Owner or at a
facility approved by the State Board of Health or its designee, or the Local Rabies Control
Authority.
Severe Injury: Shall mean any physical injury which results in broken bones, multiple bites, or
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disfiguring lacerations requiring sutures or reconstructive surgery.
Spay: Shall mean the surgical removal of the female reproductive organs of an animal to render
the animal unable to reproduce.
Town: Town of Trophy Club, Texas
Unprovoked: Shall mean an action by an Animal that is not in response to being tormented,
abused, teased or assaulted by any Person; in response to pain or injury; or in protection for itself
or its food, kennel, immediate territory, or nursing offspring.
Vaccinated: Shall mean properly injected with a rabies vaccine licensed for use in that species
by the United States Department of Agriculture and administered by a Veterinarian licensed to
practice in the State of Texas in an amount sufficient to provide immunity and satisfies the
following criteria:.
1. The animal must have been at least four (4) months of age at the time of vaccination;
2. At least thirty (30) days have elapsed since the initial vaccination; and
3. Not more than twelve (12) months have elapsed since the most recent vaccination, or
if a three (3) year vaccination, then not more than thirty-six (36) months have
elapsed since the most recent vaccination..
Veterinarian: Shall mean one licensed by Texas State Board of Veterinary Medical Examiners,
qualified and authorized to treat diseases and injuries of Animals.
Vicious Animal: Shall mean any individual Animal that has on two previous occasions, without
provocation, attacked or bitten any Person or other Animal, or any individual Animal which the
Local Rabies Control Authority or his representative has reason to believe has a dangerous
disposition likely to be harmful to humans or other Animals.
Wild Animal: Shall include all species of Animals that commonly exist in a natural unconfined
state, usually not domesticated and any species of animal illegal to own under federal, state or
local law. This shall apply regardless of state or duration of captivity. The term shall include but
is not limited to: foxes, panthers, wolves, alligators, crocodiles, apes, elephants, rhinoceroses,
and all forms of poisonous or constricting reptiles, and other like Animals.
Section 1.02 Enforcement
A. Enforcement of this Article shall be the responsibility of the Local Rabies Control
Authority.
B. The Local Rabies Control Authority shall have the authority to issue citations for any
violation of this Article.
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C. If person cited is not present, the Local Rabies Control Authority may send the citation
to the alleged offender by registered or certified mail.
D. It shall be unlawful for any person to interfere with the Local Rabies Control Authority
in the performance of his duties.
E. The Local Rabies Control Authority shall have the authority to humanely euthanize
and/or destroy any animal in accordance with the provisions of this Article.
F. The Local Rabies Control Authority shall have the authority to use a tranquilizer gun
in the lawful discharge of his/her duties.
G. Police Dogs are exempt from the provisions of this Article.
H. Right of Entry; Search Warrants
1. Law Enforcement Officers are hereby authorized to enter upon any fenced or
unfenced lot, tract or parcel of land for the purpose of capturing, impounding
and/or quarantining any animal upon having probable cause to believe the animal
to have bitten, injured or otherwise attacked a human being or other animal or to
have been exposed to rabies or another communicable disease posing a danger to
the public health, safety or welfare; or otherwise pose a clear and present danger
to human beings or other animals. This authorization is granted due to the
emergency created by the potential rabies hazard or danger of injury to persons or
other animals, and in recognition of the likelihood that such animal will otherwise
escape capture. As a matter of policy, Law Enforcement Officers shall not enter
upon private property to capture and/or impound any animal known to belong to
the owner of such property without probable cause to believe the animal poses a
threat or danger to property, human beings or other animals.
2. Furthermore, should the Law Enforcement Officers have probable cause to
believe an animal has been, or is being, cruelly treated or has rabies or another
communicable disease, the Law Enforcement Officers may, pursuant to V.T.C.A.,
Health and Safety Code § 821.022, obtain a search warrant and impound such
animal, even if it is enclosed on private property.
Section 1.03 Humane Care of Animals
A. Animals shall be provided humane care, treated and transported in a humane manner and
not in violation of V.T.C.A., Penal Code § 42.09 and V.T.C.A., Health and Safety Code title
10 or any other provision of law, including federal, state and local laws, ordinances and
rules.
Section 1.04 Maximum Number of Animals
A. The keeping of more than the maximum number of animals permitted by this section shall
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be considered a public nuisance.
B. It shall be unlawful to keep or harbor more than four (4) animals of any one (1) species six
(6) months of age or older or more than a total of six (6) animals on any premises used or
zoned for residential purposes and less than two (2) acres in area.
Exemptions. The provisions of Section B shall not apply to: (i) licensed residential
breeders; or (ii) licensed residential foster owners; or (iii) a person(s) who keeps or harbors
more than four (4) dogs and four (4) cats six (6) months of age or older in violation of
Section B, if the person has obtained Town certificates of registration for each animal on or
before August 31, 2006 and continuously maintains current Town certificates of
registration. Failure to maintain a current license for residential breeders, a current license
for residential foster owners or current registration of each such animal as required in this
section shall result in a forfeiture of this exemption.
Section 1.05 Prohibited Actions Against Animals
A. A person commits an offense if:
1. A person fails to provide an animal under his control and/or ownership with adequate
wholesome food and water, proper shelter and protection from inclement weather, and
veterinary care when needed to prevent suffering;
2. A person having charge or custody of an animal places or confines such animal, or
allows such animal to be placed or confined, in a motor vehicle, trailer or other
enclosure under such conditions, or for such a period of time, as to endanger the health
of the animal due to heat, lack of food or water, or such other circumstances as may
cause injury or death to the animal;
3. A person treats an animal in an inhumane or cruel manner as defined by V.T.C.A.,
Penal Code § 42.09 and V.T.C.A., Health and Safety Code ch. 821;
4. A person knowingly owns, harbors, trains, sells or offers for sale any animal which is
to be used for the purpose of fighting; or to be trained, tormented, badgered or baited
for the purpose of causing or encouraging the animal to attack human beings or
animals when not provoked, except that this section shall not apply to guard dogs;
5. A person mutilates any animal, whether such animal is dead or alive. This subsection
does not apply to medical or veterinary medical research, medical or veterinary
autopsies, or biology class use of animals for educational purposes;
6. A person causes an animal to fight another animal or person;
7. A person other than a licensed veterinarian docks an animal's tail, or crops an animal's
ears; or castrates an animal; provided, however, that this subsection shall not apply to
normal livestock operations occurring within the Town;
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8. A person dyes or colors chicks, ducks, rabbits, reptiles or birds;
9. A person transporting an animal fails to effectively restrain an animal so as to prevent
the animal from leaving or being accidentally thrown from a vehicle during normal
operation of the vehicle; or fails to effectively restrain an animal so as to prevent
infliction of bodily harm to passersby; provided, however, that the provisions of this
subsection shall not prohibit a person from transporting an effectively confined or
tethered dog in the open bed of a pickup truck;
10. A person is in control of a motor vehicle which strikes a domestic animal or livestock
within the corporate limits of the Town and fails to report the accident to the Law
Enforcement Officer as soon as practical; or
11. A person abandons any animal, including the abandonment of an impounded animal at
the Animal Shelter, with the intent to readopt the animal to avoid impoundment fees.
12. A person places any substance or article which has in any manner been treated with
any poisonous substance in any place accessible to human beings, birds, dogs, cats or
other animals with the intent to kill or harm animals or with reckless disregard for the
harm or injury that could reasonably occur. This shall include anti-freeze intentionally
or recklessly left exposed to poison animals. This section, however, does not preclude
the use of commercially sold rodent poisons when applied in accordance with the
manufacturer's directions for such use.
Section 1.06 Animals At Large
A. It shall be unlawful for any Owner to allow a Dog or any other Animal possessed, kept or
harbored by him, other than a Cat, to be at large, as defined in Section 1.01 of this Article.
B. Upon the complaint to a Local Rabies Control Authority that a Cat has caused a nuisance or
hazard to the health or welfare of the human or Animal population, such Cat may be
determined by a Local Rabies Control Authority to be At Large as defined in subsection (A)
of this Section.
C. The Local Rabies Control Authority is authorized to Impound such Animals At Large.
Section 1.07 Impounding of Animals
A. The Local Rabies Control Authority shall take into custody any Animal found At Large in
the Town and shall Impound the Animal into the custody of the police department; the
police department’s designated place of Animal detention, or the Animal Shelter as defined
by Section 1.01 of this Article.
B. Such Impounded Animal shall be held for a period of not more than three (3) days if not
claimed or surrendered before the three (3) day period.
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C. At the end of such period, if the Animal has not been claimed and the fees associated with
the Impoundment have not been paid to the Town, the Animal is deemed the property of the
Town and may be placed up for adoption by the Town or euthanized as determined by the
Local Rabies Control Authority.
D. Prior to adoption or euthanasia, reasonable attempts in accordance with the written Town
Animal Control Policy shall be made to contact the Owner of the registered Animals.
Unregistered Animals will automatically become the property of the Town after the three
(3) day Impound period.
E. Protective Custody Impounds
1. If an animal is impounded as the result of a fire, medical emergency, hospitalization,
custody arrest, or other natural or manmade situation that leaves the owner, harborer or
person otherwise in possession of the animal temporarily incapable of maintaining
control of, or caring for, the animal, an animal control officer may impound the animal
and house it at the Animal Shelter.
2. The owner, harborer or the person that was in possession of the animal will be notified
of the location of the animal, the conditions under which the animal may be released,
and that the animal will be held for a period of seven (7) days. If the owner, or his
designee, has not claimed the animal within seven (7) days, the animal becomes the
property of the Town, to be disposed of by the Animal Control Department through
adoption, transfer to an animal rights organization, or euthanasia.
3. Owners, or their designees, shall fulfill all the requirements for redemption as
prescribed by this article.
Section 1.08 Authority to Impound, Destroy, Kill or Muzzle Certain Animals
A. The Local Rabies Control Authority shall have the authority to Impound an Animal which
is diseased and could endanger the health and welfare of another Animal or Person.
B. The Local Rabies Control Authority or any Law Enforcement Officer shall have the
authority to kill an Animal which, in the sole opinion of the officer, such Animal poses an
imminent danger to a Person or property, and a real or apparent necessity exists for the
destruction of the animal.
C. The Local Rabies Control Authority shall have the authority to muzzle; or order the Owner,
handler, or controller of an animal to muzzle an animal, which, in the sole opinion of the
Local Rabies Control Authority, poses a threat to the safety or welfare of any Person.
D. The Local Rabies Control Authority shall have the authority to Impound any prohibited
Animal, Wild Animal or Livestock possessed in violation of this Article.
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Section 1.09 Dangerous Dogs
A. The provisions of Subchapter D, Chapter 822 of the Texas Health and Safety Code, as
amended, are adopted by and incorporated into this Article.
1. Declaration of Dangerous Dog
a. If the Local Rabies Control Authority has cause to believe that a Dog is a
Dangerous Dog as defined by this Article, he may find and declare such Dog a
Dangerous Dog.
b. Within three (3) days of declaring a Dog dangerous, the Local Rabies Control
Authority will notify the person owning the Dog of its designation as a Dangerous
Dog and provide him with a copy of this Article. The notification to the Owner
will be provided in Person or through certified mail. The Local Rabies Control
Authority shall also notify the Town Manager, fire department, and police
department of the designation of any Dog as a Dangerous Dog. The notification
will describe the Dog and specify any particular requirements or conditions placed
upon the person owning the Dog.
c. The notice shall inform the Owner of the Dog that he may request, in writing, an
appeal of the Dangerous Dog determination within ten (10) days from the receipt
of the certified mail or date of the personal notification of the Dangerous Dog
declaration to contest the finding and designation.
2. Requirements for Owner of Dangerous Dog
a. If the Owner of a Dog that has been determined dangerous by the Local Rabies
Control Authority elects not to appeal that decision pursuant to Section 1.09(C) of
this Article, then within thirty (30) days of the expiration of the ten (10) day time
period for appeal, the Owner shall comply with the requirements listed in this
section. If the Owner of a Dog that has been determined dangerous appeals that
decision to the Municipal Court, then such Owner shall comply with the
requirements of this section within thirty (30) days after such determination by the
Municipal Court. The requirements of this section that must be met are as follows:
i. Register the Dangerous Dog with the Local Rabies Control Authority for the
area in which the Dog is kept; and
ii. Restrain the Dangerous Dog at all times on a leash in the immediate control
of a Person or in a secure enclosure; and
iii. Obtain liability insurance coverage or show financial responsibility in the
amount specified by state law to cover damages resulting from an attack by
the Dangerous Dog causing bodily injury to a Person.
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iv. For purposes of this section, a Person learns that the Person is the Owner of a
Dangerous Dog when:
(a.) The Owner knows of an attack described in the definitions section of
this Article under Section 1.01 of this Article; and
(b.) The Owner is informed by the Animal Control Officer that the Dog is a
Dangerous Dog; or
(c.) A determination is made by the Municipal Court that the Animal is a
Dangerous Dog.
v. Appeal from Dangerous Dog Determination
(a.) Appeals from the Local Rabies Control Authority’s determination that
a Dog is dangerous will be heard by the Municipal Court. Upon notice
of appeal as prescribed in this section, the Municipal Court will hear
the case at the next trial setting after the request for appeal.
(b.) The appeal is a civil proceeding for the purpose of affirming or
reversing the Animal Control Officer’s determination of
dangerousness. If the Dog has been impounded, the municipal court
judge may waive any and all fees associated with the Impoundment and
release the Dog to its Owner upon reversal of the Local Rabies Control
Authority’s determination.
Section 1.10 Fees
A. All fees for licensing, daily handling, Impoundment, disposal, Quarantine, lost or destroyed
tags, and/or transfer to the Animal Shelter are stated on the “Schedule of Fees,” to be
revised from time-to-time by the Local Rabies Control Authority and approved by the Town
Council. The Schedule of Fees is located in Chapter 1, Article 8 of the Town’s Code of
Ordinances. A copy of the Schedule of Fees can be obtained from the Local Rabies Control
Authority or the Town Secretary.
Section 1.11 Release of Unvaccinated Animals
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A. Before releasing any Impounded Animal, an Owner shall provide proof of current rabies
vaccinations for the Impounded animal. Current is defined as having been vaccinated for
rabies within the last year if Animal was given a twelve (12) month vaccine or three (3)
years if given the thirty (36) month vaccine. If Owner cannot provide proof of current
vaccinations, Owner shall be given a written warning notice that the Animal is to be
Vaccinated within five (5) days or face prosecution for possessing an unvaccinated Animal.
All fees associated with the impoundment of the Animal must be paid by the Owner at the
time of release of the Animal. It is an offense under this section for the Owner of the
Animal to fail to provide the proof of Vaccination to the Animal Control Department within
five (5) days from the date of release.
Section 1.12 Adoption
A. A person who desires to Adopt an Animal from the Town shall:
1. Register and license the Animal with the Town;
2. Have the Animal Vaccinated for rabies within five (5) days after Adoption. If Animal
is not of proper age for Vaccination, then the Animal must be vaccinated within
fourteen (14) days of reaching the proper age; and
3. Have the Animal Spayed or Neutered within fourteen (14) days after Adoption,
provided the Animal is of proper age for such procedure. If the animal is not of proper
age for the procedure, then the animal must be Spayed or Neutered within fourteen
(14) days of reaching the proper age.
4. Sign a promise in writing that the Animal will be Vaccinated and Spayed/Neutered
within the time limits prescribed in (2) and (3) of this subsection. The Animal Control
Department shall keep such written promise on file. It is an offense under this section
for the Owner of the Animal to fail to provide proof of Vaccination to the Animal
Control Department within five (5) days from the date of Adoption. It is a separate
offense under this section for the Owner of the Animal to fail to provide proof of
Spaying/Neutering to Animal Control Department within fourteen (14) days from the
date of Adoption or the date when the Animal reaches the proper age. If,
a. An Owner makes a promise to Vaccinate or Spay/Neuter in writing,
b. The animal is thereafter Impounded a second time, and
c. It is determined that the Animal was not Vaccinated and/or Spayed/Neutered in
accordance with the written promise, then the Impoundment fee shall be doubled
as required in the Schedule of Fees adopted by the Town.
5. For any subsequent Impoundment of such Animal that remains unvaccinated and/or
unspayed/unneutered at the time of Impoundment, an additional Impoundment fee as
set forth in the Town’s Schedule of Fees shall be assessed.
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B. The Local Rabies Control Authority shall make the final determination as to whether an
Animal is healthy enough for Adoption. Provided, however, that such a decision by the
Local Rabies Control Authority shall not constitute a warranty, either express or implied, of
the health or age of the Animal.
Section 1.13 Livestock, Wild or Prohibited Animals
A. It shall be unlawful to keep or harbor any Livestock, Wild or Prohibited Animal within the
Town, except at commercial establishments dealing in the sale or handling of such Animals,
having proper zoning for such commercial enterprises and having proper facilities for the
care and restraint of such Animals.
B. The Local Rabies Control Authority may establish conditions under which it would be
permissible to keep or harbor Livestock, Wild or Prohibited Animals in the Town on a
temporary basis.
C. Exceptions: Barnyard fowl that are maintained within the Town on or before July 28, 2006
are excepted from the prohibition contained in §§A of this section provided that the owner
has filed with the Town a written notice identifying the number, type and approximate age
of each barnyard fowl and provided a picture of each barnyard fowl for which an exception
is claimed. Such notice shall be filed no later than August 31, 2006 in order to claim this
exception. Additionally, barnyard fowl that are maintained in a natural habitat within the
Town shall be excluded from the prohibition contained in §§A of this section.
Section 1.14 Confinement Required of Animal Allegedly Involved in Attack
A. When an Animal has bitten, scratched, or otherwise attacked a Person or Animal, anyone
having knowledge of such incident shall immediately notify the Local Rabies Control
Authority. Such Animal shall then be confined in a veterinary hospital or approved Animal
Shelter designated by the Local Rabies Control Authority for a period of ten (10) days. The
cost of such confinement shall be paid by the Owner of the Animal. Such Animal shall,
during such period of confinement, be subject to inspection by the Local Rabies Control
Authority, other Town personnel or a licensed veterinarian. If after the ten (10) day period,
the Owner fails to pick up the Animal, the Local Rabies Control Authority may follow the
procedure for Adoption or disposal of an Impounded Animal.
Section 1.15 Vicious Animals
A. A Vicious Animal, as defined in Section 1.01 of this Article, shall not be allowed in the
Town limits. Any Vicious Animal found in the Town shall be removed immediately by
order of the Municipal Court. If the Owner of the Vicious Animal fails to remove such
animal, the Local Rabies Control Authority may have such Animal Impounded and/or
destroyed.
Section 1.16 Vaccination
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A. State Regulations
1. The Town hereby adopts the Rabies Control Act of 1981 (V.T.C.A., Health and Safety
Code, § 826.001 and Texas Administrative Code, Title 25, Part 1, Chapter 169 et seq.)
and the standards established by the Texas State Board of Health as minimum
standards for rabies control and quarantine provisions within the Town. In addition
thereto, all of the rabies control provisions of this article, which are adopted pursuant to
V.T.C.A., Health and Safety Code §§ 826.015 and 826.033, shall have application
within the Town.
B. The owner or custodian of each Dog or Cat shall have the Animal Vaccinated against
Rabies by four (4) months of age. The Animal must receive a booster within the twelve
(12) month interval following the initial Vaccination. Every Dog or Cat must be
revaccinated against rabies at a minimum of at least once every three (3) years with a rabies
vaccine licensed by the United States Department of Agriculture. The Vaccine must be
administered according to label recommendations and by a legally licensed veterinarian.
Section 1.17 Licenses and Tags
A. License Required
1. The Owner or harborer of each Animal more than three (3) months old in the Town
shall Register the Animal with the Town Manager or the Town Manager’s duly
authorized representative and obtain a license for such animal from the Animal Control
Department. At the time of application for such license, the Owner shall present the
current certificate of Vaccination for each Animal and pay a one-time licensing fee for
each Animal; the amount of which is to be designated on the Schedule of Fees of the
Town.
B. Possession of Unlicensed Dog or Cat Prohibited
1. A person commits an offense if he possesses within the Town an Animal which has not
been licensed according to Section 1.17(A), above. The Owner of an animal shall,
upon request, show to the Law Enforcement Officer enforcing this Article the receipt
for the Animal’s registration. The failure or refusal of an Owner to produce to the Law
Enforcement Officer the receipt for the Animal’s Registration or a current license tag
shall constitute prima facie proof that such animal has not been licensed according to
the requirement contained in Section 1.17(A), above.
C. Issuance of Tags
1. Upon presentation of the Vaccination certificate and payment of the licensing fee, the
Town Manager or the Manager’s duly authorized representative shall issue to the
Owner a license tag. The license tag and vaccination tag shall be affixed to a collar
which shall be attached to the Animal’s neck and worn by such Animal at all times.
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D. Lost of Destroyed Tags
1. In the event a license tag is lost or destroyed, a new tag shall be issued by the Town
Manager or the Manager’s duly authorized representative upon presentation of a
receipt showing the payment of the initial license fee and upon the payment of a
replacement fee, the amount of which is to be designated on the Schedule of Fees. The
replacement license tag shall be valid only for the period of time that remained on the
original license receipt.
E. Failure to Obtain Licensing Tag
1. A person commits an offense, without regard to his mental state, if he owns an animal
without a current licensing tag for the animal.
F. Defenses
1. It is a defense to prosecution that:
a. The animal was younger than three (3) months of age; or
b. The Owner of the animal has resided in the Town less than thirty (30) days.
G. Transferability of Registration or Licensing
1. Town registration or licensing of an animal is not transferable to another animal.
Section 1.18 Special Requirements For Keeping Miniature Pigs and Ferrets
A Pot-Bellied or Miniature Pigs
1. It shall be unlawful for any Person to keep, harbor or raise more than two (2) adult Pot-
Bellied Pigs in any one (1) residence within the Town.
2. It shall be unlawful for any Person to keep a Pot-Bellied Pig outdoors other than those
times necessary for the elimination of waste or for exercise. Pot-bellied pigs are subject
to all applicable sections of this Article, including the prohibitions against Animals At
Large.
3. It shall be unlawful for any Person to keep, harbor, or raise a Pot-Bellied Pig which has
not been altered (Spayed or Neutered), and its tusks removed from its body.
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4. It shall be unlawful for any Person to keep a Pot-Bellied Pig at any location within the
Town unless such Person has first filed with the Local Rabies Control Authority a
Registration application to keep such an Animal and such application has been
approved. The information required in the application shall be determined by the
Animal Control Department. The application shall be accompanied by the necessary
veterinary documents and licensing fee as required on the Schedule of Fees for Pot-
Bellied Pigs.
B. Ferrets
1. It shall be unlawful for any Person to keep, harbor, or raise more than four (4) adult
Ferrets in any one (1) residence within the Town.
2. It shall be unlawful for any Person to keep, harbor, or raise a Ferret which has not
received annual Ferret rabies and distemper Vaccinations and that is not Spayed or
Neutered.
3. Cages used for keeping of Ferrets shall be made to prevent the Animal from escaping
and being large enough to ensure compliance with this Article.
4. It shall be unlawful for any Person to keep, harbor, or raise any Ferret which is not
registered and licensed with the Animal Control Department. The licensing fee for
Ferrets is set out in the Schedule of Fees.
Section 1.19 Exceptions
A. The provisions of Section 1.06 of this Article (relating to Animals At Large) shall not apply
to Cats or to Dogs under the age of four (4) months.
B. With the exception of sanitation requirements, noise prohibition and prohibition on keeping
Vicious Animals, the provisions of this Article shall not apply to Dogs or Cats of non-
residents of the Town who are temporarily visiting in the Town, which Dogs or Cats, while
out of doors are kept securely under control by a leash, rope or trap, or confined in a
vehicle.
Section 1.20 Certificate of Registration For Dangerous Wild Animals
A. A Person may not own, harbor, or have custody or control of a Dangerous Wild Animal for
any purpose unless the Person holds a Certificate Of Registration for that Animal issued by
the Local Rabies Control Authority.
B. An Owner of a commercial establishment dealing in the sale or handling of Dangerous Wild
Animals may not own, harbor, or have custody or control of a Dangerous Wild Animal
within the corporate limits of the Town for any purpose unless the person holds a Certificate
Of Registration for that Animal issued by the Town’s Animal Control Department.
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C. A Certificate Of Registration issued under this Article is not transferable and is valid for one
(1) year after its date of issuance or renewal unless revoked.
D. The fee charged to an applicant shall be in accordance with the Town’s currently adopted
fee schedule; provided however, that the fee may not exceed fifty dollars ($50) for each
Animal registered and may not exceed five-hundred dollars ($500) for each Person
registering such Animals, regardless of the number of Animals owned by the Person. The
fees collected shall be used only to administer and enforce this Article.
Section 1.21 Certificate of Registration Application For Dangerous Wild Animals
A. An applicant for an original or renewal Certificate Of Registration for a Dangerous Wild
Animal shall file an application with the Local Rabies Control Authority on a form provided
by the Local Rabies Control Authority. The application shall include:
1. The name, address, and telephone number of the applicant;
2. A complete identification of each Animal, including species, sex, age, if known, and
any distinguishing marks or coloration that would aid in the identification of the
Animal;
3. The exact location where each Animal is to be kept;
4. A Sworn Statement that:
a. All information in the application is complete and accurate; and
b. The applicant has read this Article and Subchapter E of Chapter 822, Texas
Health and Safety Code, and that all facilities used by the applicant to confine or
enclose the Animal comply with the requirements of that subchapter; and
c. Any other information the Town in its capacity as the Animal Registration agency
may require.
B. An Applicant Shall Include With Each Application:
1. The nonrefundable fee; and
2. Proof, in a form acceptable to the Town, that the applicant has liability insurance as
required by this Article; and
3. A color photograph of each Animal being registered taken not earlier than the thirtieth
(30th) day before the date the application is filed; and
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4. A photograph and a statement of the dimensions of the primary enclosure in which
each Animal is to be kept and a scale diagram of the premises where each Animal will
be kept, including the location of any perimeter fencing and any residence on the
premises; and
5. If an applicant holds a Class “A” or Class “B” dealer’s license or Class “C” exhibitor’s
license issued by the Secretary of Agriculture of the United States under the Animal
Welfare Act (U.S.C. Section 2131 et seq.) and its subsequent amendments, a clear and
legible photocopy of the license.
C. In addition to the items required under subsection (B) of this section, an application for
renewal shall include a statement signed by a Veterinarian licensed to practice in Texas
stating that the Veterinarian:
1. Inspected each Animal being registered not earlier than the thirtieth (30th) day before
the date of the filing of the renewal application; and
2. Finds that the care and treatment of each Animal by the Owner meets or exceeds the
standards prescribed under this Article.
Section 1.22 Denial or Revocation of Certificate of Registration For Dangerous Wild
Animals; Appeal
A. If the Town finds that an application for an original or renewal Certificate Of Registration
under this Article does not meet the requirements specified herein, or after inspection that
an applicant has not complied with this Article or Chapter 822 of the Health and Safety
Code, the Town shall deny the applicant a Certificate Of Registration and give the applicant
written notice of the denial and the reasons of the denial.
B. If the Local Rabies Control Authority finds, after inspection, that a registered Owner
provided false information in or in connection with the application or has not complied with
this chapter, the Local Rabies Control Authority shall revoke the Certificate Of Registration
and give the Owner written notice of the revocation and the reasons for the revocation.
C. A person may appeal the denial of an original or renewal Certificate Of Registration or the
revocation of a Certificate Of Registration to the justice court for the precinct in which the
Animal is located or the municipal court in the Town in which the Animal is located not
later than the fifteenth (15th) day after the date the Certificate Of Registration is denied or
revoked. Either party may appeal the decision of the justice or municipal court to a county
court or county court at law in the county in which the justice or municipal court is located.
The decision of the county court or county court at law may not be appealed.
D. Filing an appeal of the denial or revocation of a Certificate Of Registration under subsection
(B) of this section stays the denial or revocation until the court rules on the appeal.
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Section 1.23 Effective Date For Certificate of Registration For a Dangerous Wild
Animal
A. A Person is not required to obtain a Certificate Of Registration for a Dangerous Wild
Animal obtained under this Chapter before June 1, 2002.
Section 1.24 Inspection Related to Dangerous Wild Animals
A. An Owner of a Dangerous Wild Animal, at all reasonable times, shall allow the Local
Rabies Control Authority or a licensed veterinarian designated by the Local Rabies Control
Authority to enter the premises where the Animal is kept and to inspect the Animal, the
primary enclosure for the Animal, and the Owner's records relating to the Animal to ensure
compliance with this Chapter.
Section 1.25 Relocation or Disposition of A Dangerous Wild Animal
A. An Owner of a Dangerous Wild Animal may not permanently relocate the Animal unless
the Owner first notifies the Local Rabies Control Authority in writing of the exact location
to which the Animal will be relocated and provides the Local Rabies Control Authority,
with respect to the new location, the information required by Section 1.21 of this Article.
B. Within ten (10) days after the death, sale, or other disposition of the Animal, the Owner of
the Animal shall notify the Local Rabies Control Authority in writing of the death, sale, or
other disposition.
Section 1.26 Attack By A Dangerous Wild Animal; Escape of Dangerous Wild Animal;
Liability For Dangerous Wild Animal
A. An Owner of a Dangerous Wild Animal shall notify the Local Rabies Control Authority of
any attack of a human by the Animal within forty-eight (48) hours of the attack.
B. An Owner of a Dangerous Wild Animal shall immediately notify the local health
department and Town Police Department of any escape of the animal.
C. An Owner of a Dangerous Wild Animal that escapes is liable for all costs incurred in
apprehending and confining the animal.
D. The Local Rabies Control Authority is not liable to an Owner of a Dangerous Wild Animal
for damages arising in connection with the escape of a Dangerous Wild Animal, including
liability for damage, injury, or death caused by the Animal during or after the Animal's
escape, or for injury to or death of the Animal as a result of apprehension or confinement of
the Animal after escape.
Section 1.27 Care, Treatment And Transportation of Dangerous Wild Animals
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A. For each Dangerous Wild Animal, the Owner shall comply with all applicable standards of
the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments and
the regulations adopted under that act relating to:
1. Facilities and operations;
2. Animal health and husbandry; and
3. Veterinary care.
B. An Owner of a Dangerous Wild Animal shall maintain a separate written log for each
Dangerous Wild Animal documenting the Animal’s veterinary care and shall make the log
available to the Local Rabies Control Authority on request.
C. The log must:
1. Identify the Animal treated;
2. Provide the date of treatment;
3. Describe the type or nature of treatment; and
4. Provide the name of the attending Veterinarian, if applicable.
D. When transporting a Dangerous Wild Animal, the Owner of the Animal, or a designated
carrier or intermediate handler of the Animal, shall comply with all transportation standards
that apply to that Animal under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and
its subsequent amendments and the regulations adopted under that act.
E. A Person is exempt from the requirements of this section if the Person is caring for, treating,
or transporting an Animal for which the person holds a Class “A” or Class “B” Dealer’s
license or a Class “C” Exhibitor’s license issued by the Secretary of Agriculture of the
United States under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
subsequent amendments.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting
Animal Control and shall not repeal any of the provisions of such Ordinances except in those
instances where provisions of those Ordinances are in direct conflict with the provisions of this
Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the
Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the
provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing,
any complaint, action, cause of action or claim which prior to the effective date of this Ordinance
has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
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be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be
deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
the Ordinance, and the Town Council hereby declares it would have passed such remaining of
the Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the
Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records
of the Town.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be fined, upon
conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00),
and a separate offense shall be deemed committed upon each day during or on which a violation
occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with
law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this the 24th day of July, 2006.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST: [SEAL]
_________________________________________
Town Secretary
Town of Trophy Club, Texas
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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: 7-24-2006
Subject: Agenda Item No.F.1
Adjourn.