Agenda Packet TC 06/19/2006 - Budget WorkshopTown of Trophy Club
Budget Workshop and Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, June 19, 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."
B.1 Budget Workshop (6:00 p.m. - 8:00 p.m.)
Information Services
Planning and Zoning
Community Development
*****
Revenues
Administration
Legal
Court
Storm Sewer
Parks and Recreation
Marshall Creek
EDCs
DPS (Police, Fire, EMS)
C.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.
C.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
1
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
C.3 Council to receive an update from Mayor Sanders regarding potential funding for water,
wastewater and other infrastructure for Horton development, and discussion of same.
D.1 Discuss and take appropriate action repealing Resolution 2006-07 and approving a new
Resolution appointing members to serve on EDC A, EDC B, Planning and Zoning
Commission, Tree Board and the Zoning Board of Adjustment.
D.2 Discuss and provide input regarding an amendment to Chapter XIII, Article 5, Section
5.03 of the Town's Zoning Ordinance, to provide 1) hard top pool safety covers, and 2)
pool enclosures as approved permitted accessory structure uses.
D.3 Discuss and take appropriate action regarding an Ordinance denying the request of Atmos
Energy Corp, Mid-Tex Division, for an annual gas reliability infrastructure (GRIP) rate
increase in the Town and approving cooperation with the Atmos Cities Steering
Committee.
D.4 Discuss and take appropriate action regarding an agreement and resolution directing the
Town Manager to enter into an interlocal agreement with the Towns of Westlake and
Roanoke to jointly participate in an engineering study to evaluate the feasibility of
contracting with an additional wholesale water supplier.
D.5 Discuss and take appropriate action relative to an Ordinance repealing Town Ordinance
No. 2006-13 in its entirety, and adopting a new Ordinance amending Chapter 11, entitled
"Public Works" of the Trophy Club Code of Ordinances, by adding Sections 8.01-8.05 to
Article VIII, entitled "Lawn and Landscape Irrigation Conservation".
D.6 Discuss and take appropriate action regarding a Resolution affirming Cities Aggregate
Power Project (CAPP) as authorized agent for the Town's electricity needs as a CAPP
member, authorizing the Chairman of CAPP to negotiate and execute an electric supply
agreement for delivery of electricity beginning January, 2007, and if feasible for 2008,
and expressing the Town's desire to budget funds necessary to pay electricity costs for the
Town's electricity load under the supply agreement.
D.7 Discuss and take appropriate action regarding a Resolution endorsing the efforts of the
Atmos Cities Steering Committee (ACSC) to reduce the rates of Atmos Energy Corp.,
2
Mid-Tex Division, authorizing the Town's participation in appeals through ACSC, and
denying Atmos statement of intent to increase the gas utility rates within the Town.
D.8 Town Council to discuss and provide direction to staff regarding repairs to the DPS
building.
D.9 Discuss and provide direction to staff regarding current policies on agenda deadlines,
delivery of agenda packet to Council, and variance from that schedule by the Town
Manager
D.10 Discuss and take appropriate action to approve financials dated May 2006.
D.11 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.
Discuss and take appropriate action regarding the creation of a Building Standards
Commission.
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.
Agenda deadline and timing of delivery of agenda packet.
Review Ordinance 2002-18 to insure that the pet vaccination requirements are compliant
with State law.
Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an
Ordinance establishing the Town's Emergency Management System.
D.12 Consent Agenda: Discuss and take appropriate action relative to an Ordinance amending
Article XII, Chapter 1 of the Code of Ordinances, entitled "Administration", by repealing
Section 13.01 in its entirety, and adopting a new Section 13.01 of the Code of Ordinances
entitled "Requests for Information" which provides for the release of information
pursuant to the Open Records Act, by facsimile machine and email.
D.13 Consent Agenda: Discuss and take appropriate active relative to an Ordinance amending
Chapter 10, entitled Public Safety, Article II, entitled "Traffic and Vehicles", Section
2.03, entitled "Traffic Control Devices" to provide for the placement of a sign prohibiting
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U-Turns to northbound traffic at the south end of the median of Trophy Club Drive
abutting State Highway 114 service road and west of 99 Trophy Club Drive, and
authorizing the placement of such sign.
D.14 Consent Agenda: Discuss and take appropriate action moving the regularly scheduled
meeting for September 4 to September 11.
D.15 Consent Agenda: Discuss and take appropriate action to approve Minutes dated June 3,
2006.
D.16 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, June 5,
2006.
D.17 Consent Agenda: Additional Information for Council as provided by the Department of
Police and Fire Services.
D.18 Consent Agenda: Additional Information for Council as provided by the Community
Development Department regarding Animal Control and Code Enforcement.
D.19 Discuss and take appropriate action regarding the Town Manager duties, goals and
objectives for the ninety (90) day evaluation.
D.20 Town Manager, Brandon Emmons to designate an Acting Town Manager, as per the
Charter.
F.1 Adjourn.
4
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
5
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.A.2
Invocation.
6
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
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."
7
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.B.1
Budget Workshop (6:00 p.m. - 8:00 p.m.)
Information Services
Planning and Zoning
Community Development
*****
Revenues
Administration
Legal
Court
Storm Sewer
Parks and Recreation
Marshall Creek
EDCs
DPS (Police, Fire, EMS)
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
8
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.C.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.
9
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.C.2
Town Manager Report and Discussion Regarding Project Updates as Listed Below:
There will be no action taken regarding any individual project posted under this
item and discussion will be limited. If extensive discussion is required, the item may
be placed on a future agenda.
Administration:
· Update
Community Development:
· Update
Finance:
· Update
Information System:
· Software and Systems Update
Parks and Recreation
· Facilities and Programs
Planning & Zoning
· Zoning Submissions
Police and Fire Services
· Police Services Bureau
· Fire Services Bureau
Attachments: 1. None
10
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.C.3
Council to receive an update from Mayor Sanders regarding potential funding for
water, wastewater and other infrastructure for Horton development, and discussion
of same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
11
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.D.1
Discuss and take appropriate action repealing Resolution 2006-07 and approving a
new Resolution appointing members to serve on EDC A, EDC B, Planning and
Zoning Commission, Tree Board and the Zoning Board of Adjustment.
EXPLANATION: Since the passage of Resolution 2006-07, two seats on ZBA have been
vacated. There is a request for variance that has been filed with staff. With the reduced
members on ZBA, staff has been unable to secure a quorum for a meeting that had already been
noticed for public hearing. In order to have a quorum, and to process all ZBA applications in a
timely manner, the two seats on ZBA need to be filled. Two applicants have expressed an
interest: Margi Cantrell and Kathleen Wilson.
RECOMMENDATION:
ACTION BY COUNCIL:
(kcf)
Attachments: 1. Applications
2. Resolution
12
13
14
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2006-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, REPEALING RESOLUTION NO. 2006-07, AND
ADOPTING A NEW RESOLUTION APPOINTING CITIZENS TO FIVE
(5) SEATS ON ECONOMIC DEVELOPMENT CORPORATION A,
APPOINTING CITIZENS TO SEVEN (7) SEATS ON ECONOMIC
DEVELOPMENT CORPORATION B, APPOINTING CITIZENS TO
SERVE ON SEVEN (7) SEATS ON THE PLANNING AND ZONING
COMMISSION, APPOINTING CITIZENS TO SERVE ON FIVE (5)
SEATS ON THE TREE BOARD, APPOINTING CITIIZENS TO FIVE (5)
SEATS AND FOUR (4) ALTENATE SEATS ON THE ZONING BOARD
OF ADJUSTMENT; AND ADOPTING A NEW RESOLUTION
EXTENDING THE DESIGNATED TERMS OF SERVICE FOR THOSE
CITIZENS TO A UNIFORM MONTH; AND PROVIDING AN FFECTIVE
DATE.
WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in
local government through service on Commissions; and
WHEREAS, the Trophy Club Town Council is charged with the responsibility of
making appointments to the Boards and Commissions serving the Town; and
WHEREAS, the Town of Trophy Club adopted Resolution No. 2006-06 on June 6, 2006
appointing citizens to five seats on EDC A, appointing citizens to seven (7) seats on EDC B,
appointing citizens to serve on seven (7) seats on the Planning and Zoning Commission,
appointing citizens to serve on five (5) seats on the Tree Board and appointing citizens to serve
on five (5) seats and four (4) alternate seats on the Zoning Board of Adjustment; and
WHEREAS, since the adoption of Resolution No. 2006-06, two seats on the Zoning
Board of Adjustment were vacated; and
WHEREAS, the Town Council realizes the need to fill vacancies in a timely manner;
and
WHERAS, in an effort to keep all Board and Commission appointments in one
Resolution, the Town Council finds it necessary to repeal Resolution No. 2006-07, and adopt a
new Resolution appointing members to EDC A, EDC B, Planning & Zoning Commission, Tree
Board, and the Zoning Board of Adjustment.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
15
Section 1. That Resolution No. 2006-07, is repealed in its entirety.
Section 2. That the Town Council hereby adopts the terms of the following individuals
serving on Boards and Commissions
Economic Development Corporation A
1. J.D. Harvey (2006) 2.Neil Twomey (2006)
3. Gary Cantrell (/2007) 4.T. Dwight Morrow (2007)
5. Matthew Graham (2007)
Economic Development Corporation B
1. Bill Devlin (2006) 2.Doyle Nicholson (2007)
3. James Hicks (2007) 4.Rebecca Shuman (2007)
5. Larry Crosser (2007) 6.Damian Otthoff (/2007)
7. Vacant
Planning and Zoning Commission
1. Dennis Sheridan (2006) 2.James Stephen (2007)
3. Robert Ashby (2006) 4.Clayton Reed 2007)
5. Gene Hill (2007) 6.Steve Stamos (2007)
7. Jim Moss (2007)
Tree Board
1. Bob Downey (2006) 2.Uschi Szpak (2006)
3. Darin Davis (2007) 4.Steven Kohs (2007)
5. Rick Merrill (2007)
Zoning Board of Adjustment
1. David Bettis (2006) 2.Bob Downey (2006)
3. Darin Davis (2007) 4.Sherry Gearner (2007)
5. Margi Cantrell Alt.Kevin Barry
Alt. Doyle Nicholson Alt.David Equitz
Alt. Kathleen Wilson
Section 3. That this Resolution shall become effective from and after its date of passage
in accordance with the law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 19th day of June, 2006.
__________________________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
16
____________________________________
Town Secretary
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
____________________________________
Town Attorney
Town of Trophy Club, Texas
17
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.D.2
Discuss and provide input regarding an amendment to Chapter XIII, Article 5,
Section 5.03 of the Town's Zoning Ordinance, to provide 1) hard top pool safety
covers, and 2) pool enclosures as approved permitted accessory structure uses.
EXPLANATION: Recently, a resident inquired about the possibility of installing a hard top
pool safety cover over his pool. The structure is considered an accessory use, however this type
of use is not currently permitted in the Town’s Zoning Ordinance.
Should the Town Council consider adding this type of use to the Zoning Ordinance, staff
recommends providing regulations such as the following:
Golf Course lots - Maximum 4 feet in height
Non-golf course lots – Maximum 8 feet in height
Side and rear yard building lines would remain the same.
The following is a link to the website: http://www.aquashieldonline.com/
ACTION BY COUNCIL: This item is simply for discussion purposes. If staff is directed to
proceed, the Zoning Ordinance would be amended with an Ordinance that would require review
and action from the Planning & Zoning Commission and the Town Council.
(kcf)
Attachments: 1. None
18
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.D.3
Discuss and take appropriate action regarding an Ordinance denying the request of
Atmos Energy Corp, Mid-Tex Division, for an annual gas reliability infrastructure
(GRIP) rate increase in the Town and approving cooperation with the Atmos Cities
Steering Committee.
EXPLANATION:
This is the third surcharge request filed by Atmos Mid-Tex seeking to add additional surcharges
on top of the 2003 and 2004 GRIP surcharges already approved by the Railroad Commission.
The 2005 surcharges are $0.51 on all residential customers, $1.75 for commercial customers, and
$78.47 for industrial customers. If this third surcharge were to be approved, the total amount of
surcharges resulting from the GRIP statute would be $1.09/month for residential customers,
$3.68/month for commercial customers, and $151.96/month for industrial customers.
The Town took action in May to suspend the effective date of this surcharge and must take final
action on or before July 13, 2006. The proposed ordinance denies the 2005 surcharge request on
the grounds that it does not comply with the law. A detailed staff report from the Steering
Committee is included below.
RECOMMENDATION:
Approval of the proposed Ordinance.
ACTION BY COUNCIL:
(paa)
Attachments: 1. Staff Report
2. Ordinance
19
STAFF REPORT
ON ATMOS MID-TEX GRIP DENIAL ORDINANCE
Purpose of the Ordinance:
Atmos Mid-Tex filed its third surcharge request under the Gas Reliability Infrastructure
Program (“GRIP”) statute, seeking to add additional surcharges on top of the 2003 and 2004
GRIP surcharges already approved by the Railroad Commission. The 2005 surcharges are $0.51
on all residential customers, $1.75 for commercial customers, and $78.47 for industrial
customers. If this third surcharge were to be approved, the total amount of surcharges resulting
from the GRIP statute would be $1.09/month for residential customers, $3.68/month for
commercial customers, and $151.96/month for industrial customers. The ordinance denies the
2005 surcharge request on the grounds that it does not comply with the law and is not reasonable,
and also because it is duplicative of the Company’s Statement of Intent filing for the same period
of time.
What is GRIP:
GRIP is piecemeal ratemaking and would be illegal under traditional ratemaking in the
public interest. Atmos persuaded the legislature in 2003 to make an exception to the prohibition
against piecemeal ratemaking to encourage increased investment in distribution pipe by allowing
prompt recovery despite the possibility that increased revenues and declining costs would more
than offset increased investment.
Observations on the Filing:
The following problems have been identified in this filing: (i) the capital structure and
component costs used by Atmos do not represent Atmos Energy’s costs, but are proxies based on
TXU Gas’ circumstances; (ii) the rate base amounts used show enormous and unexplained
increases over the amounts in both 2003 and 2004 that are not shown to be reasonable; and (iii)
the Statement of Intent filed today with the Commission and the Cities also includes Atmos’
2005 investment, making the 2005 GRIP filing unnecessary and creating the potential for
double-counting and double-recovery for this investment.
Once the GRIP surcharge is in place, it is updated annually until the next general rate
case; however, that next case can be delayed by the Company for more than five years. On
May 31, 2006, the Company filed a Statement of Intent to increase its rates with the Railroad
Commission and the Cities. The test year used for that filing is the calendar year ending
December 31, 2005, which is the same period of time covered by this latest GRIP filing. Thus,
the capital investment made by Atmos during 2005 is the subject of two proceedings – this GRIP
filing and the Statement of Intent. Because the 2005 capital investment will be reviewed in the
Statement of Intent filing, the GRIP filing for 2005 is superfluous, duplicative, and unnecessary.
20
Explanation of “Be It Resolved” Paragraphs:
1. This paragraph sets out the finding that the Company’s request is unreasonable,
duplicative, and unnecessary.
2. This paragraph authorizes participation in a Steering Committee and coordinated
control over legal counsel and consultants.
3. This paragraph notifies the Company that the City expects reimbursement of its
expenses associated with its review of the filing.
4. This paragraph authorizes the City to intervene in the Company’s appeal of the
ordinance to the Railroad Commission and in any related litigation.
5. This paragraph provides for an immediate effective date.
6. This paragraph cites conformance with the Open Meetings Act.
7. This paragraph directs that a copy of the signed ordinance be sent to a
representative of the Company and a representative of the coalition of cities.
21
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006 - __
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, DENYING
THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN
ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP)
RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE
COMPANY’S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM;
APPROVING COOPERATION WITH OTHER CITIES WITHIN THE ATMOS
ENERGY CORP., MID-TEX DIVISION DISTRIBUTION SYSTEM AS PART
OF THE ATMOS CITIES STEERING COMMITTEE (ACSC); AUTHORIZING
ACSC TO HIRE LEGAL AND CONSULTING SERVICES AND TO
NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY
LITIGATION; AUTHORIZING INTERVENTION AS PART OF ACSC IN
ANY APPEAL OF THE CITY’S ACTION TO THE RAILROAD
COMMISSION; PROVIDING A REQUIREMENT FOR A PROMPT
REIMBURSEMENT OF COSTS INCURRED BY THE TOWN; FINDING
THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN
TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE
OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION.
WHEREAS, on or about March 30, 2006, Atmos Energy Corp., Mid-Tex Division,
(the “Company”) filed with the Town a request for an annual gas reliability infrastructure
program (“GRIP”) rate increase for customers on the Company’s statewide gas utility
system to be effective May 30, 2006; and
WHEREAS, the Town has exclusive original jurisdiction to evaluate the Company’s
request as it pertains to the distribution facilities located within the City, pursuant to Texas
Utilities Code §§ 102.001(b) and 103.001; and
WHEREAS, it is reasonable for the Town to cooperate with other cities in a coalition of
cities in opposition to the Company’s filing at the Railroad Commission (“Commission”), said
coalition being known as Atmos Cities Steering Committee (“ACSC”), in any appeal of the
cities’ actions to the Commission; and
WHEREAS, the Gas Utility Regulatory Act (“GURA”) grants local regulatory
authorities the right to intervene in rate proceedings filed at the Railroad Commission; and
WHEREAS, the Texas Utilities Code § 103.022 provides that costs incurred by the
City in ratemaking activities are to be reimbursed by the regulated utility; and
WHEREAS, counsel for ACSC, upon review of the Company’s filing and upon
consultation with various consultants, recommends finding that the Company’s proposal is
unjustified and unreasonable; and
22
WHEREAS, the Company has publicly stated that it will receive substantial profit in
2005 and that its expenses are substantially below those on which the GUD No. 9400 rates it
is charging were based; and
WHEREAS, the Company’s GRIP request fails to account for growth in numbers of
customers, thereby undercounting the revenues it will receive from its proposed GRIP rate
increase; and
WHEREAS, the Company’s GRIP request fails to recognize that GUD No. 9400
rates included profit based on TXU Corporation’s capital structure rather than Atmos
Energy Corp.’s current capital structure, which justifies a lower rate of return; and
WHEREAS, under the provisions of § 104.301 of GURA, the interim rate
adjustment is subject to true-up in a general rate case filed within five years of the effective
date of the interim rate surcharge; and
WHEREAS, the Company has, on May 31, 2006, filed a Statement of Intent to increase
its distribution rates on a system-wide basis, using calendar year ending December 31, 2005, as
its test year; and
WHEREAS, the capital investment made by Atmos during 2005 will be reviewed in the
Statement of Intent filing, making the 2005 GRIP filing superfluous, duplicative, and
unnecessary;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
SECTION 1. That the Company’s GRIP rate increase request is found to be
unreasonable, superfluous, duplicative, and unnecessary, and is therefore denied in all respects.
SECTION 2. That the Town is authorized to cooperate with other Cities within the
Company’s Distribution System that have formed ACSC to hire and direct legal counsel and
consultants, negotiate with the Company, make recommendations to the Town regarding
reasonable rates, and to direct any necessary litigation associated with an appeal of a rate
ordinance and the rate case filed at the Commission.
SECTION 3. That the costs incurred by the Town in reviewing the Company’s GRIP
request shall be promptly reimbursed by the Company.
SECTION 4. That the Town is authorized to intervene in any appeal of the Town’s
action filed at the Commission and any related litigation, and to participate in any such appeal or
litigation as a member of ACSC.
SECTION 5. This Ordinance shall become effective immediately from and after its
passage, as the law and charter in such cases provide.
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SECTION 6. That it is hereby officially found and determined that the meeting at which
this Ordinance is passed is open to the public as required by law and that public notice of the
time, place and purpose of said meeting was given as required.
SECTION 7. A copy of this ordinance, constituting final action on the Company’s
application, be forwarded to the following:
Richard T. Reis
Atmos Energy Corporation
5420 LBJ Freeway, Suite 1800
Dallas, Texas 75240
Lloyd Gosselink Blevins Rochelle & Townsend
c/o Geoffrey Gay
P.O. Box 1725
Austin, Texas 78767-1725.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 19th day of June, 2006.
___________________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_____________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
24
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.D.4
Discuss and take appropriate action regarding an agreement and resolution
directing the Town Manager to enter into an interlocal agreement with the Towns
of Westlake and Roanoke to jointly participate in an engineering study to evaluate
the feasibility of contracting with an additional wholesale water supplier.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(rau)
Attachments: 1. Information Memorandum
2. Agreement
25
Town of Trophy Club
Memo
To: Honorable Mayor and Members of the Town Council
From: Roger Unger, Assistant Town Manager/Finance Director
Subject: Regular Meeting of June 19th, 2006
Date: June 19th, 2006
ITEM
Consider a Resolution authorizing the Town Manager to enter into a contract with Biggs &
Mathews, Inc. to perform a second water source feasibility study for the Town of Trophy
Club.
RECOMMENDATION
Staff recommends approval.
BACKGROUND
In order to assure that Trophy Club’s future will not be limited by a single water supplier,
staff has identified a second potential source of potable water for the Town from an
existing but unused line owned and supplied by the Upper Trinity River Water District.
The scope proposed in the attached contract will not only provide Trophy Club a conceptual plan
to access this water but will also explore the possibilities of other communities participating in
this project in the future to share or reimburse proportionate costs to Trophy Club.
The base cost of the feasibility study is $22,750. The additional cost to include the Town of
Trophy Club will be $8,375 bringing the total cost for a joint Westlake Trophy Club study to
$31,125. This cost will be shared equally, resulting in a cost to Trophy Club of $15,562.50
The Town of Westlake has already contracted with the firm of Biggs & Mathews to perform this
work because of their existing data base of information gained from years of experience working
for UTRWD. This is the firm that designed the 407 line and the entire western loop master plan
for UTRWD. The Town of Trophy Club will execute an agreement with the Town of Westlake
for this firm to increase its scope of services to include Trophy Club’s portion of the study.
FUNDING
26
The feasibility study was not budgeted in the FY 05-06 budget. Staff recommends based on the
timeliness of, and need for this study that the Town fund the cost out of contingency funds.
27
THE STATE OF TEXAS )
)
COUNTY OF DENTON )
INTERLOCAL COOPERATION AGREEMENT
FOR PARTICIPATION IN A WATER SUPPLY SOURCE FEASIBILITY STUDY
THIS AGREEMENT is made and entered into this ____ day of _________, 2006, by and
between the Town of Trophy Club, Texas, a home rule municipality, (hereinafter referred to as
“Trophy Club”) and the Town of Westlake, Texas, a general law municipality, (hereinafter
referred to as “Westlake”).
W I T N E S S E T H :
WHEREAS, the safe and reliable supply of adequate drinking water is among the
most basic of services necessary to support a growing community; and
WHEREAS, the Town of Trophy Club has the responsibility of insuring the provision of
water to the portion of the Town not currently in a Municipal Utility District and the Town is not
currently a customer of the Fort Worth Water Department; and
WHEREAS, the Town of Trophy Club and the Trophy Club Municipal Utility Districts
lie on the northernmost edges of the City of Fort Worth Water System which prohibits multiple
redundant supply lines from Fort Worth, thereby exposing Trophy Club to supply interruption;
and
WHEREAS, efforts to identify an additional water supply source for Trophy Club have
been fruitful and have resulted in a potential new source and supply from the Upper Trinity River
Water District (UTRWD); and
WHEREAS, in order to determine the feasibility of constructing a new water line
to Trophy Club from the nearest UTRWD supply point located near FM 407 and SH 377, a study
must be commissioned to identify routing alternatives, capital cost, future demand and potential
participation by other communities; and
WHEREAS, the Town of Westlake has already contracted with the firm of Biggs &
Mathews to perform a feasibility study with a firm that has designed the 407 line and the entire
western loop master plan for UTRWD.
WHEREAS, the Town of Westlake has contracted with the firm of Biggs & Mathews to
perform a feasibility study to identify the second water source and the feasibility of constructing
a new water line; and
WHEREAS, the Town would receive a cost benefit and expediency by contracting with
Westlake to expand the scope of services with Biggs & Mathews in order to address Trophy
Club’s needs; and
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WHEREAS, in consideration for the payment of an amount not to exceed $15,575.00,
the Town of Westlake has agreed to expand the scope of services of its contract with Biggs &
Mathews to perform a feasibility study for a second water source for Trophy Club; and
WHEREAS, Town Council finds and determines that a valid governmental purpose is
served and that funds paid to Westlake would be due and payable out of current revenues legally
available to the Town of Trophy Club, and that the amount paid under the contract is valid and
fair consideration for the services rendered and the product received;
NOW, THEREFORE, Trophy Club and Westlake, for and in consideration of the
recitals set forth above and terms and conditions below, agree as follows:
I.
Incorporation / Term
1.01 Incorporation of Recitals. The foregoing recitals are agreed upon and incorporated
herein as a part of this Agreement.
1.02 Term. This Agreement shall become effective upon approval by each of the respective
governing bodies of Trophy Club and Westlake and upon execution by their respective
authorized representatives, and shall remain in effect for a term of one (1) year unless
terminated by either party as provided herein.
II.
Obligations and Rights of the Parties
2.01 Obligations and Rights: Trophy Club shall pay Westlake an amount not to
exceed $15,575.00 for its portion of the
A. Feasibility study to identify a second water source for the Town of Trophy Club and the
potential for constructing a new water line to Trophy Club from the nearest UTRWD supply
point located near FM 407 and SH 377, including without limitation a study to identify
routing alternatives, capital cost, future demand and potential participation by other
communities.
B. Westlake agrees to expand the scope of services under its existing contract
with Biggs and Mathews to include Trophy Club. Trophy Club shall be entitled to all
documentation generated and access to services rendered as a result of the study in
the same manner as Westlake is entitled to such documentation and services rendered
under the existing contract between Westlake and Biggs & Mathews.
III.
Consideration
29
The parties agree that sufficient consideration for this Agreement exists and is
found in the cross promises set forth above and other good and valuable consideration.
Westlake agrees to expand the scope of services under its existing contract with Biggs
and Mathews to include the Town of Trophy Club. Trophy Club agrees to pay to
Westlake an amount not to exceed $15,575.00 in order to pay for its inclusion in the
study and to offset the costs incurred by Westlake. Westlake agrees to abide by the
terms and conditions of its agreement with Biggs and Mathews and its obligations under
this Agreement.
IV.
Immunity
The fact Trophy Club and Westlake accept certain responsibilities under this
Agreement as part of their responsibility for serving the public health and welfare makes
it imperative that the performance of these services be recognized as a governmental
function and that the doctrine of governmental immunity shall be, and it is hereby,
invoked to the extent possible under the law. Neither Trophy Club or Westlake waives
any immunity or defense that would otherwise be available to it against claims arising
from the exercise of governmental powers and functions.
VI.
Default / Termination
6.01 In the event that either party hereto breaches any term or condition of this
Agreement, this Agreement may be terminated by the aggrieved party if such default is
not cured within a period of ten (10) days after receipt of written notice of default by the
party allegedly in breach of its obligations hereunder. At the option of the aggrieved
party, if such default is not cured within the ten (10) day period, this agreement shall
immediately terminate without further notice.
6.02 Notwithstanding the foregoing, this agreement may be terminated at any
time without cause by either party giving sixty (60) days advance written notice to the
other party.
VII.
Entire Agreement
This Agreement represents the entire and integrated agreement between Trophy
Club and Westlake and supersedes all prior negotiations, representations and/or
agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both parties.
IX.
Venue
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The laws of the State of Texas shall govern this Agreement and each of its terms
and provisions, including but not limited to the rights and duties of the parties hereto,
and exclusive venue shall be in Denton County, Texas.
X.
Severability
In the event that any portion of this Agreement shall be found to be contrary to
law, it is the intent of the parties hereto that the remaining portions shall remain valid
and in full force and effect to the extent possible.
XI.
Non-Waiver
All rights, remedies and privileges permitted or available to either party 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 forbearance by the either party in the
enforcement of any such right, remedy or privilege against the other party, shall not
constitute a waiver of such right, remedy or privilege by the forbearing party. A default
by either party under this Agreement shall not result in a forfeiture of any rights,
remedies, or privileges under this Agreement by such defaulting party.
XII.
Signature Authority
The undersigned officer and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this agreement on
behalf of the parties hereto and each party hereby certifies to the other that any
necessary resolutions extending such authority have been duly passed and are now in
full force and effect.
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EXECUTED in duplicate originals this the 19th day of June, 2006.
TOWN OF TROPHY CLUB, TEXAS TOWN OF WESTLAKE, TEXAS
By____________________________ By_________________________
Brandon Emmons Trent Petty
Town Manager Town Manager
ATTEST: ATTEST:
______________________________ ___________________________
Town Secretary Town Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
______________________________ ___________________________
Town Attorney Town Attorney
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ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the ___ day of ________________,
2006 by Brandon Emmons, Town Manager, Town of Trophy Club, Texas, on behalf of such
entity.
______________________________
Notary Public in and for the
State of Texas
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the ___ day of __________________,
2006 by Trent Petty, Town Manager of the TOWN OF WESTLAKE, TEXAS, on behalf of
such entity.
________________________________
Notary Public in and for the
State of Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.D.5
Discuss and take appropriate action relative to an Ordinance repealing Town
Ordinance No. 2006-13 in its entirety, and adopting a new Ordinance amending
Chapter 11, entitled "Public Works" of the Trophy Club Code of Ordinances, by
adding Sections 8.01-8.05 to Article VIII, entitled "Lawn and Landscape Irrigation
Conservation".
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(kcf)
Attachments: 1. Ordinance
34
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-__
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NO. 2006-13 IN ITS ENTIRETY; AND
AMENDING CHAPTER 11, ENTITLED “PUBLIC WORKS” OF THE CODE
OF ORDINANCES OF THE TOWN OF TROPHY CLUB BY ADDING
SECTIONS 8.01 – 8.05 TO ARTICLE VIII, ENTITLED “LAWN AND
LANDSCAPE IRRIGATION CONSERVATION”; PROVIDING A SAVINGS
AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING A PUBLICATION CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on April 19, 2005, the Fort Worth City Council adopted a water
conservation plan through the enactment of Resolution No. 3190-04-2005 (“Water Conservation
Plan”); and
WHEREAS, on May 22, 2006, the Town of Trophy Club (“Town”) determined it
necessary and appropriate to adopt the Water Conservation Plan in order to allow enforcement of
the Water Conservation Plan, by adopting Town Ordinance No. 2006-13; and
WHEREAS, Ordinance No. 2006-13 adopting the Town’s Water Conservation Plan was
adopted prior to the Codification of the Town’s Ordinances into the existing Code of Ordinances
of the Town of Trophy Club; and
WHEREAS, as a matter of convenience to the residents of Trophy Club, the Town
Council finds it necessary to repeal Town Ordinance No. 2006-13 in its entirety, and add
Sections 8.01- 8.05 to Article VIII, entitled “Lawn and Landscape Irrigation Conservation”, to
Chapter 11 of the Code of Ordinances of the Town.
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.
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SECTION 2.
AMENDMENT
The Code of Ordinances of the Town of Trophy Club, Texas, is amended by the addition
of a new Article VIII, entitled “Lawn and Landscape Irrigation Conservation” to Chapter 11,
entitled “Public Works” and hereafter such Chapter 11, Article VIII Sections 8.01-8.05 shall read
as follows:
“Section 8.01 Restrictions
A. Except for hand watering and the use of soaker hoses, a person shall not irrigate, water, or
cause or permit the irrigation or watering of any lawn or landscape located on premises
owned, leased, controlled, or managed by that person between the hours of 10:00 a.m. and
6:00 p.m. daily during the period from June 1 through September 30 of any year.
B. A person commits an offense if he knowingly or recklessly irrigates, waters, or causes or
permits the irrigation or watering of a lawn or landscape located on premises owned,
leased, controlled, or managed by the person in a manner that causes:
1. A substantial amount of water to fall upon impervious areas instead of a lawn or
landscape, such that a constant stream of water overflows from the lawn or landscape
onto a street or other drainage area; or
2. An irrigation system or other lawn or landscape watering device to operate during
any form of precipitation.
C. A person commits an offense if, on premises owned, leased, controlled, or managed by that
person, he operates a lawn or landscape irrigation system or device that:
1. Has any broken or missing sprinkler head; or
2. Has not been properly maintained in a manner that prevents the waste of water.
Section 8.02 Rain-Sensing Devices and Freeze Gauges
A. Any commercial or industrial customer class irrigation system installed within the Town
on or after June 1, 2006 must be equipped with rain and freeze sensors.
B. Any commercial or industrial customer class irrigation system installed within the Town
before June 1, 2006 may not be operated after June 1, 2007 without being equipped with
rain and freeze sensors.
C. The potable water supply to lawn irrigation system shall be protected against backflow in
accordance with the Town’s ordinances. All rain and freeze sensors for commercial
customer class lawn irrigation systems shall undergo annual inspection and testing as
required by the Town’s ordinances.
D. Any residential customer class irrigation system installed within the Town on or after June
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1, 2007 must be equipped with rain and freeze sensors.
E. It shall be unlawful for any person to knowingly or recklessly install, operate, or cause or
permit the installation of or the operation of, an irrigation system in violation of this
ordinance or any other ordinance of the Town on premises owned, leased, controlled, or
managed by that person.
Section 8.03 Variance
A. Extreme Hardship
The Director of Community Development may grant variances from the provisions of this
Ordinance to persons demonstrating extreme hardship and need as determined by the
Director and only under the following conditions:
1. The applicant must sign a compliance agreement on forms provided by the Director,
agreeing to irrigate or water a lawn or landscape only in the amount and manner
permitted by the variance.
2. Granting of a variance must not cause an immediate significant reduction in the
Town’s water supply.
3. The extreme hardship or need requiring the variance must relate to the health, safety,
or welfare of the person requesting it.
4. The health, safety or welfare of other persons must not be adversely affected by
granting the variance.
B. Revocation of Variance
The Director may revoke a variance granted when the Director determines that:
1. The conditions of subsection 4.01(a) are not being met or are no longer applicable; or
2. The terms of the compliance agreement are being violated; or
3. The health, safety or welfare of other persons requires revocation.
Section 8.04 Appeals
A. An appeal of a decision of the Director of Community Development denying a variance
request or placing conditions on a variance under this Ordinance may be made by a person
aggrieved by such determination by such person filing a written notice with the Town
within five (5) business days of the issuance of the written decision of the Director. Such
notice shall specifically identify the basis for the appeal from the denial of a variance or
from the conditions placed upon a variance and the reasons that the appellant believes
relief is necessary, including but not limited to providing the specific extreme hardship that
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the appellant claims. Upon timely filing of such written appeal, the Zoning Board of
Adjustment, acting in its capacity as Building Board of Appeals shall hear such appeal
within fifteen (15) business days and shall make a determination regarding the denial of
such variance request or the conditions placed upon a variance. Failure to timely appeal
shall mean that the decision of the Director is final. The decision of the Zoning Board of
Adjustment shall be final.
Section 8.05 Exemptions
A. Property owners who claim an exception to the requirements of this Article shall file a
written notification to the Permitting Department. Such notice shall specify the date and
location of installation and shall be submitted to the Permitting Department within three
(3) days of installation. To qualify for such exception, one or more of the following
criteria is required:
1. Landscaping, including but not limited to turf area and plant materials, installed in
association with construction for which a permit has been issued is exempt from the
water restrictions for a period of 45 days after installation; or
2. Landscaping, including but not limited to turf area or plant materials, installed on
public property is exempt from the water restrictions for a period of 45 days after
installation of such materials.”
SECTION 3.
SAVINGS & REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town
affecting water conservation 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
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.
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SECTION 5.
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 6.
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 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date of this Ordinance as required by State law and
Town Charter.
SECTION 8.
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 19th day of June, 2006.
Mayor
Town of Trophy Club, Texas
Effective Date: _________ 2006
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
39
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
40
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.D.6
Discuss and take appropriate action regarding a Resolution affirming Cities
Aggregate Power Project (CAPP) as authorized agent for the Town's electricity
needs as a CAPP member, authorizing the Chairman of CAPP to negotiate and
execute an electric supply agreement for delivery of electricity beginning January,
2007, and if feasible for 2008, and expressing the Town's desire to budget funds
necessary to pay electricity costs for the Town's electricity load under the supply
agreement.
EXPLANATION:
The Town of Trophy Club is a member of Cities Aggregate Power Project (CAPP), which is a
non-profit political subdivision serving its member cities in an effort to secure electric power for
those cities at a favorable price. The proposed resolution would authorize the CAPP Chairman
to execute a contract on behalf of Trophy Club for a supply of electricity to the Town for the
year 2007. CAPP is able to negotiate a reduced rate for electric power because the electric usage
for all members of CAPP is consolidated as one unit and competitors provide a unit price.
This action will allow Trophy Club to take advantage of potential wholesale contracting
opportunities for 2007 and 2008. One of the primary goals of CAPP is to achieve the
greatest amount of savings in the deregulated market. Since its inception, CAPP members
have saved, on average, more than $70 million off of the Price to Beat (“PTB”) rate. As the
CAPP Board and its advisors gained more experience in the deregulated market, they
evaluated expanding options to increase the savings for CAPP members. While CAPP was
able to capture traditional dips in market price that used to occur in the November time
period, 2005 brought a paradigm shift with Hurricane Katrina. The CAPP Board believes
that it may be necessary to execute a contract for 2007 before we reach the summer
hurricane season if CAPP is to capture the best possible price.
RECOMMENDATION:
Staff recommends approval
ACTION BY COUNCIL:
Attachments: 1. Resolution
41
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION 2006-
A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS,
AUTHORIZING THE CITIES AGGREGATION POWER PROJECT,
INC. TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR
DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2007;
AUTHORIZING CAPP TO ACT AS AN AGENT ON BEHALF OF
THE TOWN TO ENTER INTO A CONTRACT FOR ELECTRICITY;
AUTHORIZING THE CHAIRMAN OF CAPP TO EXECUTE AN
ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF
ELECTRICITY EFFECTIVE JANUARY 1, 2007; AND COMMITTING
TO BUDGET FOR ENERGY PURCHASES IN 2007 AND 2008 AND
TO HONOR THE TOWN OF TROPHY CLUB’S COMMITMENTS TO
PURCHASE POWER FOR ITS ELECTRICAL NEEDS IN 2007 AND
2008 THROUGH CAPP.
WHEREAS, the Town of Trophy Club, Texas is a member of Cities
Aggregation Power Project, Inc. (CAPP), a nonprofit political subdivision
corporation dedicated to securing electric power for its more than 86 members in
the competitive retail market; and
WHEREAS, CAPP has negotiated favorable contract terms and a
reasonable commodity price for delivered electricity since 2002 resulting in
significant savings off of the Price to Beat (PTB) rate for its members; and
WHEREAS, the CAPP Board and CAPP consultants are continuing to
investigate long term contracting options, CAPP members must secure short term
(2007 and 2008) power supplies or revert to high price standard contracts and
independently shop for a power contract; and
WHEREAS, experience gained by the CAPP Board indicates that entering
into a wholesale power contract, as distinct from a retail contract, effective January
1, 2007 may provide for the greatest potential savings for CAPP members and
facilitate an ultimate transition to fixed price long term agreements; and
WHEREAS, potential wholesale power providers desire to execute a
contract with one, and only one, entity rather than have unique contracts for each
CAPP member; and
WHEREAS, CAPP believes that the pricing opportunity window for
favorable 2007 deliveries under either a wholesale or retail agreement will be short-
lived (in the late spring – early summer time period) and that CAPP must be able to
commit contractually to prices within a 24-hour period in order to lock-in favorable
prices; and
42
WHEREAS, experiences in contracting for CAPP load since 2002
demonstrated that Retail Electric Providers demand immediate response to an offer
and may penalize delay with higher prices; and
WHEREAS, CAPP’s current delivered energy prices provide savings when
measured against the PTB rate, and aggregated rates contracted during favorable
pricing periods are likely to be lower than prices obtained by the Town contracting
individually during the same time period; and
WHEREAS, wholesale suppliers demand assurance that CAPP will pay for
all contracted load; and
WHEREAS, the Town of Trophy Club needs to assure CAPP that it will
budget for energy purchases in 2007 and 2008 and honor its commitments to
purchase power for its electrical needs in 2007 and 2008 through CAPP.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the CAPP Board and its consultants and advisors are agents authorized to
negotiate for the City’s electricity needs as a member of CAPP and to evaluate wholesale
power supply contract options for 2007 as compared to a retail electric delivery contract
for 2007 and, if feasible, 2008.
Section 2. That the Chairman of CAPP is hereby authorized to sign an electric power
agreement for the City pursuant to the contract approved and recommended by the CAPP
Board of Directors within 24 hours of said approval and recommendation.
Section 3. That the City will budget and approve funds necessary to pay electricity costs
proportionate to the City’s load under the supply agreement (whether wholesale or retail)
arranged by CAPP and signed by the Chairman of CAPP for the City.
Section 4. That a copy of the resolution shall be sent to Mary Bunkley with the City
Attorney’s office in Arlington and Geoffrey M. Gay, legal counsel to CAPP.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
on this the 19th day of June 2006.
_____________________________________
Nick Sanders
Mayor, Town of Trophy Club, Texas
ATTEST:
43
_______________________________________
Town Secretary,
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
_________________________________________
Town Attorney,
Town of Trophy Club, Texas
44
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.D.7
Discuss and take appropriate action regarding a Resolution endorsing the efforts of
the Atmos Cities Steering Committee (ACSC) to reduce the rates of Atmos Energy
Corp., Mid-Tex Division, authorizing the Town's participation in appeals through
ACSC, and denying Atmos statement of intent to increase the gas utility rates within
the Town.
EXPLANATION:
Passage of this resolution is recommended by the Steering Committee in order to allow a review
of the rates charged by Atmos for gas. Based upon financial statements filed by Atmos, it
appeared that they were earning an excessive and impermissible rate of return. As a result, show
cause actions were filed in order to determine if Atmos was charging excessive rates. Atmos’
response to the show cause actions indicated that its rates should be lower than currently set;
however, Atmos has filed for an increase.
The resolution authorizes the Town to participate with the Atmos Cities Steering Committee in
proceedings before the Railroad Commission and associated litigation. It is the opinion of the
Steering Committee that the information provided thus far by Atmos does not justify an increase
and would in fact require a decrease in the rate charged by Atmos.
RECOMMENDATION:
Approval of the Resolution.
ACTION BY COUNCIL:
(paa)
Attachments: 1. Resolution
45
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2006 -____
A RESOLUTION OF THE TOWN OF TROPHY CLUB,
TEXAS ENDORSING THE EFFORTS OF THE ATMOS
CITIES STEERING COMMITTEE TO REDUCE RATES OF
ATMOS ENERGY CORP., MID-TEX DIVISION; DENYING
ATMOS ENERGY CORP., MID-TEX DIVISION’S
STATEMENT OF INTENT TO INCREASE THE GAS
UTILITY RATES WITHIN THE TOWN; AUTHORIZING
INTERVENTION IN ANY NECESSARY PROCEEDINGS
AFFECTING TOWN’S INTERESTS BEFORE
ADMINISTRATIVE OR JUDICIAL BODIES AND
PARTICIPATION WITH THE ATMOS CITIES STEERING
COMMITTEE; REQUIRING REIMBURSEMENT OF
REASONABLE LEGAL AND CONSULTANT EXPENSES;
FINDING THAT THE MEETING AT WHICH THIS
RESOLUTION IS ADOPTED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; AND REQUIRING DELIVERY OF
THIS RESOLUTION TO THE COMPANY AND LEGAL
COUNSEL.
WHEREAS, the Town of Trophy Club, Texas (“Town”) is a regulatory authority under
the Gas Utility Regulatory Act (“GURA”) and has original jurisdiction over the gas utility rates
of Atmos Energy Corp., Mid-Tex Division (the “Company”); and
WHEREAS, at least 88 Texas municipalities served by the Company required the
Company to file rate filing packages with those cities to show cause regarding the reasonableness
of the Company’s current rates in those cities (the “Show Cause Cities”); and
WHEREAS, at least 53 Show Cause Cities have adopted ordinances reducing the
Company’s rates to be charged to all customers within those cities; and
WHEREAS, the Company has appealed those rate ordinances of the Show Cause Cities
to the Railroad Commission of Texas under the provisions of the Gas Utilities Regulatory Act;
and
46
WHEREAS, the Company filed with the Town on or about May 31, 2006, its Statement
of Intent to increase gas utility rates within the Town effective July 5, 2006; and
WHEREAS, the Town has original jurisdiction to evaluate the Company’s request as it
pertains to customers of the Company served from the distribution facilities located within the
Town, pursuant to GURA §§ 102.001(b) and 103.001;
WHEREAS, the appeal of the Company’s Statement of Intent to increase rates will be
consolidated with the appeals of the Show Cause Cities; and
WHEREAS, GURA § 103.022 provides that costs incurred by the Town in ratemaking
activities are to be reimbursed by the regulated utility;
WHEREAS, the Town wishes to participate with the Atmos Cities Steering Committee
(“ACSC”) and be represented by attorneys and consultants representing ACSC;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the Town endorses the efforts of ACSC to reduce the rates charged
by the Company within the boundaries of member cities.
Section 2. That the Company’s Statement of Intent to increase gas utility rates within
the Town, as part of the Company’s statewide gas utility system, be denied in all respects.
Section 3. That it is in the best interests of the customers of the Company within the
Town for the Town to participate through the ACSC in the appeals filed by the Company to the
Railroad Commission of Texas, and the Town’s intervention in Railroad Commission
proceedings and any litigation associated with the Company’s rates charged in the Town is
hereby authorized.
47
Section 4. That the Company shall promptly reimburse the Town’s reasonable costs
associated with the Town’s participation in ratemaking proceedings and associated litigation.
Section 5. That it is hereby officially found and determined that the meeting at which
this Resolution is adopted is open to the public as required by law and the public notice of the
time, place, and purpose of said meeting was given as required.
Section 6. A copy of this Resolution shall be sent to Atmos Mid-Tex, care of Richard
T. Reis, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and
to Geoffrey Gay, legal counsel to ACSC, at Lloyd Gosselink Blevins Rochelle & Townsend,
P.C., P.O. Box 1725, Austin, Texas 78767-1725.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 19th
day of June, 2006.
___________________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_____________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
48
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.D.8
Town Council to discuss and provide direction to staff regarding repairs to the DPS
building.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(dt)
Attachments: 1. Captain’s Memorandum
2. Bid from Gallagher’s
3. Bid from Paul Walden, R.L. Murphey Commercial Roof Systems, L.P.
4. Bid from Roofco, Inc.
5. Bid from GE Equipment Services Modular Space
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52
53
54
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56
57
58
59
60
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.D.9
Discuss and provide direction to staff regarding current policies on agenda
deadlines, delivery of agenda packet to Council, and variance from that schedule by
the Town Manager
EXPLANATION:
Section 5.3 of the Council policies currently in place require Council members desiring to
present a subject for the Town Council’s consideration to advise the Town Secretary’s office in
writing of that fact not later than 10:00 a.m. on Friday (10 days prior) to the meeting at which the
Town Council will consider the topic.
The current deadline for staff submission of agenda items is Tuesday at 5:00 p.m. the week
before the Council meeting. As a result of that deadline, delivery of the agenda packet to
Council members occurs on either Thursday or Friday evening prior to the Monday Council
meeting.
Some Council members have expressed a desire to receive the agenda packet further in advance
of the meeting to allow additional time for review and preparation for the meeting. Staff
requests input from Council regarding current deadlines, agenda packet delivery schedule, and
contingencies for variance from that schedule as determined necessary and appropriate by the
Town Manager.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
62
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.D.10
Discuss and take appropriate action to approve financials dated May 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
63
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.D.11
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.
Discuss and take appropriate action regarding the creation of a Building Standards Commission.
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.
Agenda deadline and timing of delivery of agenda packet.
Review Ordinance 2002-18 to insure that the pet vaccination requirements are compliant with State law.
Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance establishing
the Town's Emergency Management System.
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.
Discuss and take appropriate action regarding the creation of a Building Standards
Commission.
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.
Agenda deadline and timing of delivery of agenda packet.
64
Review Ordinance 2002-18 to insure that the pet vaccination requirements are compliant
with State law.
Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an
Ordinance establishing the Town's Emergency Management System.
Attachments: 1. None
65
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.D.12
Consent Agenda: Discuss and take appropriate action relative to an Ordinance
amending Article XII, Chapter 1 of the Code of Ordinances, entitled
"Administration", by repealing Section 13.01 in its entirety, and adopting a new
Section 13.01 of the Code of Ordinances entitled "Requests for Information" which
provides for the release of information pursuant to the Open Records Act, by
facsimile machine and email.
EXPLANATION:
Allowing the faxing and emailing of requested information would improve customer service. To
make sure that this service does not put a burden on staff, faxes will be limited to three (3) pages
and emailing will be limited to fifty (50) pages. Fax confirmations and sent emails will serve as
the delivery receipt of the requested records.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
(lr)
Attachments: 1. Ordinance
66
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-__
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS, BY ADOPTING A NEW SECTION 13.01
ENTITLED “REQUESTS FOR INFORMATION”, OF
ARTICLE XIII, “OPEN RECORDS”, OF CHAPTER 1 OF
THE CODE OF ORDINANCES OF THE TOWN OF
TROPHY CLUB TO: PROVIDE INFORMATION
REQUESTED TO BE RELASED, PURSUANT TO THE
OPEN RECORDS ACT, BY FACSIMILE MACHINE NOT
TO EXCEED THREE PAGES OR PROTECTED
DOCUMENT FORMAT NOT TO EXCEED FIFTY PAGES;
PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; A PENALTY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council has identified that the release of information pursuant to
the Texas Open Records Act facilitated by using either facsimile or by using a protected
document format would be more efficient; and
WHEREAS, the Town of Trophy Club finds that Texas law contains no prohibition
against the release of information pursuant to the Texas Open Records Act by using facsimile or
by using a protected document format.
WHEREAS, as a matter of efficiency, the Town Council finds it appropriate to adopt
new regulations pertaining to public requests for information.
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
Section 13.01 entitled “Authorization”, of Article XIII entitled “Open Records”, of
Chapter 1 of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby repealed in
its entirety and a new Section 13.01 entitled “Requests for Information”, as follows is hereby
adopted:
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“Section 13.01 Requests for Information
In addition to the other methods available for providing information to a
Requestor pursuant to the Texas Open Records Act, the Records Management
Officer or his/her designee may provide information requested either (1) by use
of facsimile machines or (2) via email by using a protected document format,
providing that information released by use of facsimile does not exceed three (3)
pages and information released via email by use of a protected document format
does not exceed fifty (50) pages.”
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town affecting
open records requests and shall not repeal any of the provisions of such ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions of
this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of
the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the
provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing,
any complaint, action, cause of action or claim which prior to the effective date of this Ordinance
has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be
deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby declares
it would have passed such remaining of the Ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
`The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the
Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance
records of the Town.
SECTION 6.
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,
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this the 19th day of June, 2006.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Town Attorney
Town of Trophy Club, Texas
69
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.D.13
Consent Agenda: Discuss and take appropriate active relative to an Ordinance
amending Chapter 10, entitled Public Safety, Article II, entitled "Traffic and
Vehicles", Section 2.03, entitled "Traffic Control Devices" to provide for the
placement of a sign prohibiting U-Turns to northbound traffic at the south end of
the median of Trophy Club Drive abutting State Highway 114 service road and west
of 99 Trophy Club Drive, and authorizing the placement of such sign.
EXPLANATION:
This will allow the Town to place a no u-turn sign in the median across from 99 Trophy Club
Drive (the Carpenter Building) to prevent commuters attempting to avoid traffic delays from
turning into Trophy Club and making a u-turn to get back on the service road of Highway 114.
U-turns would still be allowed at the next intersection at 101 Trophy Club Drive in front of the
Methodist Church. However, the line of sight is better at this location and the traffic is
significantly lower at this location during the afternoon commute. This will affect only the north
or in bound traffic.
RECOMMENDATION:
Staff recommends approval.
(bg)
Attachments: 1. Information Memorandum
2. Ordinance
70
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
TROPHY CLUB
DEPARTMENT OF PUBLIC SAFETY
INTER-OFFICE MEMORANDUM
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
TO: Beth Ann Gregory
FROM: Tom Shehan
DATE: June 7, 2006
REF: Trophy Club Drive U-turns
............................................................................................................................................................
Recently you informed me of continued citizen complaints regarding vehicles turning left from the State
Highway 114 Service Road to Trophy Club Drive, immediately making a u-turn and returning to the
service road in order to avoid traffic congestion and a stop light. At your request, the police department
has conducted a second u-turn survey/count at the Trophy Club Drive u-turn problem area. The first
survey/count was conducted at the end of April. The following are the results of the first and second
survey/count.
On May 19th, within a 30-minute period, Officer Norcross observed 9 vehicles make the u-turn and an
additional 7 vehicles that turned and drove through the Executive Suite parking lot to enter the service
road.
On May 31st, between 5:00 and 6:00 PM, Officer Mastropiero observed 268 vehicles make the u-turn.
On June 2nd (same hour), Officer Jones counted 105 u-turns. There were an additional 17 vehicles that
turned into the Executive Suites parking lot and drove directly to the service road thereby avoiding the
stop light.
During the first survey/count conducted at the end of April, there was an average of between 75 and 100
vehicle per hour counted over a 3-day period.
Both survey/counts indicate the need for a “No U-Turn” sign to be erected at the Trophy Club Problem
area location. The sign would help mitigate the traffic problem that currently plagues the area during the
evening rush hour.
Please keep in mind that some of the drivers may proceed an extra block down Trophy Club Drive and
legally make a u-turn at the median break at the Methodist Church Drive Way. In addition, as mentioned
above, some drivers may continue to turn left and drive through the Executive Suites parking lot to avoid
the stop light.
Tom Shehan
71
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006 - ____
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING PARAGRAPH C(2)(a) BY ADDING SUBSECTION (ii), OF
SECTION 2.03, “TRAFFIC CONTROL DEVICES”, OF ARTICLE II,
“TRAFFIC & VEHICLES” OF CHAPTER 10 OF THE CODE OF
ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS TO:
PROVIDE FOR THE PLACEMENT OF A SIGN PROHIBITING U-
TURNS TO NORTHBOUND TRAFFIC AT THE SOUTH END OF THE
MEDIAN OF TROPHY CLUB DRIVE ABUTTING STATE HIGHWAY
114 SERVICE ROAD AND WEST OF 99 TROPHY CLUB DRIVE, AND
AUTHORIZING THE PLACEMENT OF SUCH SIGN; PROVIDING A
SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) AND
A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING
AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Town Council has determined it to be in the best interest of the Town
and its residents to amend the Code of Ordinances by prohibiting U-Turns at to northbound
traffic at the south end of the median of Trophy Club drive abutting State Highway 114 Service
Road and west of 99 Trophy Club Drive, and authorizing the placement of a traffic control sign
prohibiting U-Turns at that location; and
WHEREAS, the Town Council hereby finds that the amendment of paragraph C(2)(a) of
Section 2.03 of Article II, Chapter 10 of the Code of Ordinances as further specified herein
serves the best interests of the health, safety and welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated herein and made
a part hereof for all purposes.
SECTION 2.
AMENDMENT
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 add subsection (ii) of
Section C(2)(a), so that Section C(2)(a)(ii) is hereby revised as follows:
“(ii) The south end of the median of Trophy Club Drive abutting the State Highway
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114 service road and west of 99 Trophy Club Drive. This prohibition applies
only to traffic north bound.”
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town affecting
traffic control and shall not repeal any of the provisions of such ordinances except in those
instances where provisions of those ordinances are in direct conflict with the provisions of this
Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the
Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the
provisions of this Ordinance, shall remain in full force and effect. 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
its application to any person or circumstance is held invalid or unconstitutional by a Court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
Ordinance; and the Town Council hereby declares it would have passed such remaining portions
of the Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 5.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to the Caption,
Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the
Texas Local Government Code.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be fined, upon
conviction, not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00), and
a separate offense shall be deemed committed upon each day during or on which a violation
occurs or continues.
SECTION 7.
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.
73
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and publication
as required by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the 19th day of June, 2006.
____________________________________
Mayor, Town of Trophy Club, Texas
ATTEST:
_________________________________
Town Secretary,
Town of Trophy Club, Texas
APPROVED AS TO FORM:
_________________________________
Town Attorney,
Town of Trophy Club, Texas
74
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.D.14
Consent Agenda: Discuss and take appropriate action moving the regularly
scheduled meeting for September 4 to September 11.
EXPLANATION:
Finance confirmed that moving the Public Hearing scheduled for September 4 to September 11,
still met with the publication deadline requirements.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1.
75
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.D.15
Consent Agenda: Discuss and take appropriate action to approve Minutes dated
June 3, 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. June 3, 2006 Minutes
76
MINUTES OF A BUDGET WORKSHOP FOR TOWN COUNCIL FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Saturday, June 3, 2006
10:00 A.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Budget Workshop on Monday, June 5, 2006. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Pam Cates Mayor Pro Tem
Roger Williams Council Member
Susan Edstrom Council Member
Greg Lamont Council Member
Philip Sterling Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Roger Unger Finance Director
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Beth Ann Gregory Community Development Director
Adam Adams Parks and Recreation Director
Tom Shehan Interim Police Chief
Danny Thomas Fire Captain
Sakura Moten-Dedrick Financial Analyst
Neil Twomey
Gary Cantrell
Pearl Ford
Bob Radder
A.1 Call to order and announce a quorum.
Mayor Sanders called the meeting to order at 10:00.
A.2 Opening comments by the Town Manager.
Town Manager, Brandon Emmons commented that this is his first official meeting and that he would be relying
heavily on staff. Brandon Emmons thanked Roger Unger and Sakura Moten-Dedrick for their preparation
and alterations of the proposed budget that is before Council for review.
Finance Director, Roger Unger spoke to the shortfall and advised that the department heads have made $128,000
cuts thus this point.
TOWN COUNCIL TO RECONVENE INTO WORKSHOP SESSION
*WORKSHOP SESSION
A.3 Budget Workshop 10:00 a.m. – 4:00 p.m.
Revenues
Administration
Legal
Information Services
77
Court
Community Development
Strom Sewer
Planning and Zoning
Parks and Recreation
Marshall Creek
EDCs
DPS
The Town Council and staff discussed the 2006-07 Proposed Budget assumptions for Administration, Parks and
Recreation, Marshall Creek and DPS. Due to time constraints, Community Development, Information
Services and Planning and Zoning was rescheduled for the next workshop.
Workshop recessed from 12:45 to 1:15 for lunch.
F.1 Adjourn.
Meeting stood adjourned at 4:00 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 Nick Sanders, Mayor
Town of Trophy Club Town of Trophy Club
78
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.D.16
Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
June 5, 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. June 5, 2006 Minutes
79
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, June 5, 2006
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, June 5, 2006. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Pam Cates Mayor Pro Tem
Roger Williams Council Member
Susan Edstrom Council Member
Greg 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
Tom Shehan Interim Police Chief
Danny Thomas Fire Captain
Kerin Fleck Planning and Zoning Coordinator
A.1 Call to order and announce a quorum.
Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present.
A.2 Invocation.
Council member Sterling led the 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."
Mayor Sanders led the pledges.
B.1 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.
Brandon appreciates being allowed this opportunity.
Administration:
Meet the New Town Manager
On Friday, June 9th, from 6:30 until 8:30, there will be a reception held at the Trophy Club Country Club.
The purpose of this reception is to allow the residents to meet and interact with the new Town Manager.
80
Water Conservation Ordinance
The watering restrictions imposed on the Town and its residents by the city of Fort Worth went into effect
last Thursday, June 1st. Just as a reminder, with the exception of hand watering and soaker hoses, no
outside watering is allowed to occur between the hours of 10 am and 6 pm. The golf course uses recycled
water therefore; the restrictions don't apply to them. The Town will need to perform maintenance on their
irrigation systems during normal working hours and will place signs on areas where irrigation system
maintenance is occurring. The Town and Municipal Utility Districts thank you for your cooperation with
these restrictions.
Community Development:
Streets & Infrastructure
Inverness Storm Drain Improvements
The project is progressing ahead of schedule. Inverness Drive will continue to be open to through traffic
with intermittent brief closures between 8:00 am and 5:00 pm Monday - Friday for construction.
Traffic Calming
The removal of the buttons along Trophy Club Drive and the application of paint will occur later this
month. The striping of Indian Creek Drive is scheduled for July.
Highway 114 Extension
The Town has been in contact with a number of other cities and organizations including TX DOT to
highlight the need to complete the lanes on Highway 114 beyond Trophy Lake Drive. This project, which
will terminate 0.84 miles west of Trophy Lake Drive and include the Highway 170 interchange, is in the
design phase at TX DOT, however not currently funded. Getting exposure for this project and pursuing
funding from every available source will continue to be a top priority for staff.
Permitting
YTD Building Permits
The Town has issued 18 building permits since October 1, 2005 with at total property value of $9.6 million.
Finance:
Budget Workshop
The next budget workshop with the Town Council will be June 19th prior to the start of the Town Council
meeting.
Parks and Recreation:
Pool
The pool will be closed this Saturday, June 10th, during morning and afternoon hours for the annual
NWISD Swim Meet. The pool will be open from the hours of 5-8pm. The pool has been closed to the
public on the day of the meet for the last two years due to the possibility of weather delays pushing the
meet time back; and that we often require manual chemical adjustments to the water as the number of
swimmers and the level of activity create additional water chemistry changes that need to be addressed
manually. We just received notice already last week that an additional team has registered which requires
us to extend the time one hour. Based on the number of parties that are being booked this year (eight as of
today) we decided to allow a party to book the time following the meet with the understanding that they
would have to delay their start time if for any reason the swim meet did not end on schedule.
The daily average attendance at the pool is running about 25 swimmers per day higher than last summer at
275 people. We also have just under 200 children registered for swim lessons, which is a 30% increase at
this time over last year.
Planning & Zoning:
Medlin Middle School
NISD is planning a ten-classroom expansion. The addition will require an amendment to the Site Plan,
which will go before the Planning & Zoning Commission and Town Council for action. This item should
be on the Council's agenda in late August.
Police and Fire Services:
Complaints
81
The Marshall Creek Park/Grapevine Lake Preservation issue is alive and well. While the water is down
and causes all of the dry land to be driven on, it makes it very difficult to enforce. Police is working with P
& R in an effort to provide more enforcement. In addition, the officers are not certain where the Town
boundaries are located. We are currently looking at options of enforcement.
Council member Edstrom asked about the U turn sign at Trophy Club Drive; Beth Ann Gregory responded that
Community Development is moving forward with the U-turn sign issue and that we will be placing the amendment
to the ordinance to the next agenda.
Council member Edstrom suggested that we forward a letter to the residents so they can utilize the names and
addresses for the legislature regarding the funding from TX DOT regarding the HWY 114 project. Edstrom asked if
we should hold off on the buttons on Trophy Club Drive; Beth Ann Gregory responded that they would be striping
instead, so there should not be much additional cost to the Town. and advised that Community Development will
check into.
Mayor Sanders informed that a meeting with NCTCG has been scheduled to address this issue.
Council member Williams asked about cost to the Town for the swim meet, none per Adam Adams.
B.2 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.
Pearl Ford, 2 Spring Creek Court. Addressed the new Council members and Town Managers encouraging them to
take action on long term objectives and asked that they empower the EDCs to look at another plan.
B.3 Oath of Office to be administered by Municipal Court Judge, Mark Chambers and Presentation of
Certificate of Election to the Incoming Council member, Philip Sterling.
Mayor Sanders commented that Mr. Sterling took his Oath of Office last week so that he could participate in the
June 3 workshop and that tonight is ceremonial only.
Honorable Mark Chambers administered the Oath of Office and Statement of Elected Official to Council Elect,
Philip Sterling. Mr. Sterling was presented with a Certificate of Election.
B.4 Council to discuss and provide input regarding Council Rules of Procedures outlined in Ordinance No.
2006-03 and the paperless agenda system, including email access and usage during Council meetings
Mayor Sanders introduced this item, calling attention to the following from the Council Rules of Procedures; Item
2.3, advising that Council members should notify Lisa Ramey, if they are going to be absent from a
meeting and that missing three meetings in a row could make them ineligible to continue serving on
Council. Item 2.7, Right to the Floor, emotional issues spur the tendency to interrupt, however in order to
maintain decorum, Council members need to wait to be recognized. Council members may be allowed to
speak only once until all other Members have had a chance to speak. Item 5.4, allows citizen presentation
up to six minutes, three minutes before and three minutes after. Mayor Sanders explained that the purpose
of the Paperless Agenda program was to eliminate the use of so much paper, thus notebook computers were
bought for all Council members and the Agenda and Packet are distributed via CD.
Council member Williams advised that section 3.1–needs to be changed, reflecting that the Council meetings start at
7:00, Section 5.4, ‘The foregoing rules and time limitation do not apply to citizens appearing at a public
hearing being held by the Town Council pursuant to any official notice thereof.’ needs revised to include a
time limit. Williams questioned if Section 5.2 is allowable under the Open Meetings Act and suggested we
revise the language as it relates to Items for future Agendas. Williams thinks that the Paperless Agenda is
great, but would prefer to receive the budget in an excel document, which should be added to the cd.
Mayor Sanders asked the Council their opinion about each going to the website and downloading the agenda.
Mayor Pro Tem Cates advised that there are too many viruses going around.
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Council member Sterling believes that a link on website is good idea and if a Council member prefers a cd they can
call and request one.
Mayor Pro Tem Cates mentioned that the agenda and packet are not received in enough time to adequately prepare.
Council member Lamont asked for clarification to 5.3. Mayor Sanders explained that the intent of Items for future
Agendas is to provide information to residents about what Council will be addressing in the meetings to
follow.
Mayor Sanders spoke to the concerned resident who thought that there was deliberation amongst Council members,
due to the use of laptops. Sanders explained that some of the Council member’s make notes online and that
he receives emails from the Town Secretary and Town Attorney. Deliberation via email would be against
the Public Information Act.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING AT 7:37 P.M.
PUBLIC HEARING
C.1 Public Hearing:
Consider: An amendment to Ordinance No. 95-20 by amending the signage requirements for tract 4B of The
Village at Trophy Club, more specifically designated as 99 Trophy Club Drive, the Executive Suites, a
portion of PD-13. (PDAMD-06-021)
Planning and Zoning Coordinator advised that the purpose of the Public Hearing
is relative to a request to amend the signage requirements for tract 4B of The Village at
Trophy Club, more specifically designated as 99 Trophy Club Drive, the Executive
Suites and that the property is currently zoned PD-13. The uses designated for this site
are Office/Commercial and the site consists of approximately 1.8 acres, and contains a
19,000 square foot office building built in 1996. The Planning & Zoning Commission
unanimously recommended approval of this request at their 18 May 2006 meeting.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION AT 7:38 P.M
*REGULAR SESSION
C.2 Discuss and take appropriate action relative to an amendment to Ordinance No. 95-20 by amending the
signage requirements for tract 4B of The Village at Trophy Club, more specifically designated as 99
Trophy Club Drive, the Executive Suites, a portion of PD-13. (PDAMD-06-021)
Council member Edstrom made a motion to approve. Council member Lamont seconded; motion has unanimously.
Mayor Pro Tem Cates noticed that the size of signs in this area are inconsistent and thinks that consistency would
look better
Kerin Fleck mentioned that the P & Z Commission had this concern too, but believed that it was good for the
businesses on the on the inside of center to get some visibility, explaining that this sign will go closer to
Trophy Club Drive, approximately 3 feet and the side closer to the building will remain the same.
Motion passed unanimously.
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D.1 Discuss and take appropriate action regarding a resolution authorizing participation in various cooperative
purchasing programs as provided by the Town's Procurement Policies and Procedures.
Brandon Emmons advised that many cooperative purchasing programs require formal action prior to the Town
participating.
Council member Edstrom made a motion to approve. Council member Williams seconded; motion passed
unanimously.
Council member Sterling questioned if this would satisfy going out for bid.
Brandon Emmons answered each organization will go thru the bid requirements which are mandated by State Law.
Mayor Pro Tem Cates asked if we have the appropriate documentation to show that this process has been followed.
Town Attorney responded that the Town’s Purchasing Policy requires a resolution.
Motion passed unanimously
D.2 Discuss and take appropriate action regarding an ordinance adopting the Code of Ordinances of the Town
of Trophy Club, Texas.
Mayor Sanders thanked Kerin Fleck, Patricia Adams and Shannon DePrater for their work on the codification and
confirmed that codification will be effective on Friday when the Ordinance is published in the paper.
Mayor Sanders suggested that we streamline amendments made to Ordinances as codification will need to be
amended each time.
Council member Williams made a motion to approve. Council member Lamont seconded
Council member Edstrom congratulated staff for a job well done, Council Member Sterling agreed.
Council member Williams asked will this cut down Open Records Request.
Mayor Sanders said that it may, however, we generally try to provide copies of Ordinances without an Open
Records Request.
Motion passed unanimously
D.3 Discuss and provide direction to staff regarding the Town's participation in a DFW 114 West Corridor
section in the Dallas Business Journal and to pursue a request for $6,126 from EDC4-B to fund an
advertisement.
Brandon Emmons explained that this publication allows for several cities to participate and suggested to pursue
funding from EDC 4B.
Mayor Sanders suggested that the Council take action encouraging the Metroport Cities Partnership to work with the
Dallas Business Journal on an insert.
Council member Edstrom made a motion to encourage staff to approach EDC 4B about the funding. Mayor Pro
Tem Cates seconded; motion passed unanimously.
Council member Edstrom thinks that this is a good opportunity to piggy back with Southlake since they are
spearheading.
Roger Unger will place on EDC 4B’s agenda this month.
Mayor Pro Tem Cates requested that if we are going to put forth the money to advertise that a little more be spent to
do a good job representing the Town.
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Mayor Sanders stated that a repetitive ad is more effective.
Roger Unger requested that Council expand their motion and approve tonight as tentatively there is an agreement
pending.
Council member Williams questioned if DR Horton or any other developers have been
spoke to about participating
Mayor Sanders responded that DR Horton, Terra and Beck have been contacted.
Roger Unger added that he has spoke to Larry Stewart.
Council member Lamont believes that EDC4B is the appropriate venue to fund.
Council member Cates advised that EDC could only fund a limited amount in advertising.
Council member Sterling is curious about the target audience and questioned if this is the most affective journal to
advertise in.
Mayor Sanders stated that Dallas County is different than Denton County and that the DBJ focuses on the 114
corridor.
Mayor Pro Tem Cates commented the EDC4 B did spend money in advertisement and then were discouraged from
doing so Cates suggested that the Council stay more consistent in their funding requests of EDC4B.
Council member Edstrom said that the Town would not want to be the only one in the area not participating and that
EDC 4B should understand that this is a new day and a new Council and to move forward.
Roger Unger said that with the tax decrease, EDC 4B is desirous of a meeting with the
Town Council to see what their role is.
Council member Edstrom amended her motion directing staff to participate and asked EDC 4B fund, stipulating that
the Town would fund if EDC does not. Council member Lamont seconded.
Council member Sterling spoke in opposition, stating that it is not a good motivator to say
that the Town will fund if EDC 4B does not.
Mayor Pro Tem Cates agree
Council member Edstrom has faith and will give EDC 4b the benefit of the doubt.
Council member Lamont what would be the delay if TC does not approve tonight.
Motion to approve the amendment passed 3:2, with Council members Williams, Edstrom and Lamont for and Mayor
Pro Tem Cates and Council member Sterling voting against.
The motion as amended passed unanimously.
D.4 Discuss and take appropriate action regarding the Extension and Modification of Settlement between TXU
Electric Delivery and the Steering Committee of Cities Served by TXU Electric Delivery and Agreement to
resolve outstanding Franchise issues.
Patricia Adams stated that this is an extension of that initial settlement agreement with TXU and explained the
incentives that would be provided to the Town upon approval and execution of the proposed Extension and
Modification of Settlement Agreement.
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Council member Sterling moved to approve, amending that the franchise fee ordinance receive franchise fees on a
quarterly basis. Council member Williams seconded; motion passed unanimously.
Council member Williams questioned if the same thing happens for TXU as with Charter Communications and their
fees passed along to residents.
Patricia Adams clarified that it is a pass through.
Brandon Emmons advised that this is an option that the Utility companies use to choose to charge the customers or
not.
Council member Sterling explained that he was originally against this, however, it seems as if TXU is trying to tie
our hands behind our back that if rates rise too dramatically, there is a way out with the show cause
Motion passed unanimously
D.5 Discuss and take appropriate action regarding the holding of the regularly scheduled Council meetings on
July 3, 2006 and September 4, 2006.
Brandon Emmons spoke that the regularly schedule meetings in July and September or either right before or after a
holiday and suggested that Council consider rescheduling 7/3 meeting to 7/10 and the 7/17 to 7/24. Emmons
advised that there were still questions regard September 4th meeting and recommended that Council not take action
to move this meeting yet.
Council member Edstrom made a motion to reschedule the July meetings for July 10 and July 24. Mayor Pro Tem
Cates seconded; motion passed unanimously.
Mayor clarified that staff’s recommendation is to move the July meetings from the first and third Monday to the
second and fourth.
Council member Lamont suggested scheduling on the 5th which Council member Williams was good with.
Motion passed 4:1, with Council member Williams voting against.
D.6 Discuss and take appropriate action regarding a Resolution extending the term lengths for EDC A, EDC B,
Tree Board, Zoning Board of Adjustment and the Planning and Zoning Commission and establishing a new
uniform month for appointment to Boards and Commissions.
Brandon Emmons advised that we have received applications for reappointments to EDC A; P&Z and one re-
appointment to Zoning Board of Adjustments and to the Tree Board, we are still short for some of the Board and
recommended extending the term limits from June to a period set by Council and away from the general election day
in May.
Mayor Sanders suggested the term date of August 31.
Council member Edstrom made a motion to approve the Resolution, extending the term date until September 30.
Council member Lamont seconded; motion passed unanimously.
Council member Edstrom advised that by September 30, most people should be back from summer vacation.
Patricia Adams mentioned that this is only for the boards mentioned in the packet and not the Parks Board as their
term does not expire until December.
Motion passed unanimously.
D.7 Items for Future Agenda.
Long term capital project list, projected fiscal impact and surveys for resident input on potential projects.
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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.
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.
Discuss and take appropriate action regarding the creation of a Building Standards Commission.
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 regarding Police Facility.
Agenda deadline and timing of delivery of agenda packet.
Items requested to be added:
Discuss and take appropriate action regarding the repeal of Ordinance Nos. 2005-26 relating to traffic and
street control standards, and adopting a new Ordinance related to traffic and street control standards, adding
an additional no U-Turns sign on TC Drive. (6-19)
Discuss and take appropriate action regarding the execution of a Water Study with Westlake. (6-19)
Town Council to enter into discussion with the Town Manager regarding his goals and objections that will
be used for that positions 90 day evaluation. (6-19)
Review the Pet Ordinance to verify that the vaccination requirements are compliant with State Law.
Mayor requested that the Council members begin to forward these issues to Brandon Emmons as the Town
Manager.
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.
D.8 Consent Agenda: Discuss and take appropriate action to approve execution of new signature resolutions for
Town Bank Accounts at First Financial Bank and Northwest Bank and Texpool by Brandon Emmons,
Roger Unger, Lisa Ramsey, and Nick Sanders.
Council member Edstrom made a motion to approve. Council member Williams seconded; motion passed
unanimously.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION AT 8:48 P.M.
EXECUTIVE SESSION
E.1 Pursuant to Texas Government Code Annotated, Subchapter 551, Sections 551.074(a)(1) "Personnel
Matters" and Section 551.071 (a) & (b) "Consultation with Attorney", respectively, the Council will enter
into executive session to discuss the following:
A. Personnel Matters (§551.074(a)(1)): The deliberation of the appointment of a public officer:
(1) Appointment of Mayor Pro Tem.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION AT 9:00P.M.
*REGULAR SESSION
E.2 Discuss and take appropriate action relative to Executive Session Item Number E1.
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Council member Sterling nominated Roger Williams for Mayor Pro Tem. Mayor Pro Tem Cates nominated Susan
Edstrom. The vote for Williams passed 3:2 with Council members Lamont, Sterling and Williams voting for and
vote for Edstrom failed 2:3 with Mayor Pro Tem Cates and Council member Edstrom voting for.
F.1 Adjourn.
Council member Williams made a motion to adjourn. Council member Lamont seconded; motion passed
unanimously.
Meeting adjourned at 9:03 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 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: 6-19-2006
Subject: Agenda Item No.D.17
Consent Agenda: 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
May – 2006
Monthly Crime/Patrol Stats
Jan - May – 2006
TOTAL
TOTAL
179 Traffic Stops 1026 Traffic Stops
69 Traffic Citations (Moving) 302 Traffic Citations (Moving)
54 Traffic Citations (Non - Moving) 297 Traffic Citations (Non - Moving)
5 Warning Citations 402 Warning Citations
0 Parking Citations 19 Parking Citations
81 Parking Warnings 550 Parking Warnings
4 Vehicle Searches 43 Vehicle Searches
0 DWI Investigations 14 DWI Investigations
6 Accidents 18 Accidents
1 Felony Arrests 3 Felony Arrests
11 Misdemeanor Arrests 40 Misdemeanor Arrests
289 Dispatched Calls 1317 Dispatched Calls
49 Number of Written Reports 226 Number of Written Reports
21 Out of City Assistance Calls 57 Out of City Assistance Calls
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.D.18
Consent Agenda: Additional Information for Council as provided by the
Community Development Department regarding Animal Control and Code
Enforcement.
EXPLANATION:
The following reports show activity in Animal Control and Code Enforcement for the month of
May.
bg
Attachments: 1. Animal Control Activity Log
2. Code Enforcement Activity Log
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.D.19
Discuss and take appropriate action regarding the Town Manager duties, goals and
objectives for the ninety (90) day evaluation.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.D.20
Town Manager, Brandon Emmons to designate an Acting Town Manager, as per
the Charter.
EXPLANATION:
According to section 4.06 of the Town Charter:
(a) The Town Manager, within thirty (30) days after taking office, shall designate, by letter filed
with the Town Secretary, a qualified administrative officer of the Town to perform the duties of
the Town Manager in his absence or disability. Such designation shall be subject to approval of
the Council. No member of the Council shall serve as Acting Town Manager. Upon resignation
or termination of the Town Manager, the Acting Town Manager shall perform the duties of the
Town Manager until a new Town Manager or Acting Town Manager is appointed by the
Council.
(b) Should the need for an Acting Town Manager occur prior to the Town Manager submitting a
designee or prior to the Council's approval of the Town Manager's designee, the Council shall
appoint an Acting Town Manager.
(c) The Town Manager may select a different Acting Town Manager by repeating the letter of
designation and obtaining the Council's approval for designation of a new Acting Town
Manager.
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Letter of Designation
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-19-2006
Subject: Agenda Item No.F.1
Adjourn.
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