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Agenda Packet TC 06/05/2006Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, June 5, 2006 7:00 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 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: · Update Community Development: · Update Finance: · Update Information System: · Software and Systems Update Parks and Recreation · Facilities and Programs Planning & Zoning · Zoning Submissions Police and Fire Services · Police Services Bureau · Fire Services Bureau Municipal Utility District: · Upcoming Projects 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. 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. 1 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 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) 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) 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. D.2 Discuss and take appropriate action regarding an ordinance adopting the Code of Ordinances of the Town of Trophy Club, Texas 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. 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. D.5 Discuss and take appropriate action regarding the holding of the regularly scheduled Council meetings on July 3, 2006 and September 4, 2006. 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. D.7 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. Discussion and appropriate action regarding a policy for accepting gifts. Review of Advisory Groups Committees Policies. 2 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. 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. 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. E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. F.1 Adjourn. 3 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-5-2006 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-5-2006 Subject: Agenda Item No.A.2 Invocation. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-5-2006 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." 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-5-2006 Subject: Agenda Item No.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. Administration: · Update Community Development: · Update Finance: · Update Information System: · Software and Systems Update Parks and Recreation · Facilities and Programs Planning & Zoning · Zoning Submissions Police and Fire Services · Police Services Bureau · Fire Services Bureau Municipal Utility District: · Upcoming Projects Attachments: 1. None 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-5-2006 Subject: Agenda Item No.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. 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-5-2006 Subject: Agenda Item No.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. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1.None 9 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-5-2006 Subject: Agenda Item No.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 EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (Mayor Sanders) Attachments: 1. Ordinance 2006-03 (Council Procedure Manual) 10 TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2006-03 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2001-14, THE SAME BEING AN ORDINANCE ADOPTING A TOWN COUNCIL PROCEDURES POLICY FOR THE TOWN COUNCIL OF TROPHY CLUB; AND ADOPTING NEW PROVISIONS FOR A TOWN COUNCIL PROCEDURES POLICY; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS; PROVIDING ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the July 2, 2001, the Town Council enacted Ordinance No. 2001-12, an Ordinance repealing Ordinance No. 2001-12 in its entirety, and adopting a new Ordinance prescribing standards for Town Council Member attendance procedures, by adding criteria to Section 3.2 of Exhibit “A”, entitled “Rules of Procedure” and by incorporating provisions relating to absences; and WHEREAS, since the passage of Ordinance No. 2001-14, the Town Council has identified the need to adopt a procedural rule relative to Council Member attendance in order to comply with the Town Charter; and WHEREAS, the Town Council has determined it to be in the best interest of the Town of Trophy Club, to repeal Ordinance No. 2001-14 by adopting new provisions setting forth Rules of Procedure for the Town Council and adopt a new Ordinance setting forth Rules of Procedure as specified in Exhibit “A”, a copy of which is attached hereto and incorporated herein. 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. ADOPTION OF PROVISIONS That the Town Council procedures policy attached hereto as Exhibit “A”, entitled “Rules of Procedure”, and incorporated herein for all intents and purposes, has been established and is hereby adopted as the Town Council Rules of Procedure Policy for the Trophy Club Town Council. 11 SECTION 3. CUMULATIVE, REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance; provided however, that Ordinance No. 2001-14 is hereby repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Ordinance No. 2001-14 on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 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. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting Town Council procedures policy, which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 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 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 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. 12 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 6th day of February, 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 13 EXHIBIT “A” RULES OF PROCEDURE 1. AUTHORITY 1.1 Ordinance: As stated in Ordinance number 2006-03 passed and approved on the 6th day of February, 2006. 2. GENERAL RULES 2.1 Meetings to be Public: All official meetings of the Town Council and all sessions of a Committee of the Town Council shall be public. 2.2 Quorum: The governing body of the Town consists of a Mayor and five Council members. Attendance at a Council meeting by a majority of the Council members constitutes a quorum. However, if a meeting is a special called meeting or a meeting to consider the imposition of taxes, a quorum consists of two-thirds of the Council members. For example, three of five Council members constitute a quorum under ordinary circumstances at a regularly scheduled Council meeting, but four of five Council members constitute a quorum at a special called meeting or a meeting to consider the imposition of taxes. 2.3 Attendance: As specified in the Town Charter, should a member of the Town Council fail to attend three consecutive regular meetings without being excused by the Council, his/her office may be declared forfeited by the Council. A member of the Town Council who is unable to attend a Council meeting shall notify the Town Secretary of his/her inability to attend the meeting and shall provide an explanation of the conflict or other reason that prevents his/her attendance. Notice to the Town Secretary shall be provided as soon as practicable after the member becomes aware that he/she will be absent. The Town Secretary shall notify the Council of the absence prior to the beginning of the Council meeting from which the member will be absent. 2.4 Misconduct: The Town Council may punish its own members for misconduct. 2.5 Minutes of Town Council Meetings: An account of all proceedings of the Town Council shall be kept by the Town Secretary and shall be entered into a book constituting the official record of the Town Council. 2.6 Questions to Contain One Subject: All questions submitted for a vote shall contain only one subject. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. 14 2.7 Right to Floor: Any Town Council member desiring to speak shall be recognized by the Chairman/Mayor. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. 2.8 Town Manager: The Town Manager, or Acting Town Manager, shall attend all meetings of the Town Council unless excused. The Town Manager, or Acting Town Manager may make recommendations to the Town Council and shall have the right to take part in all discussions of the Town Council, but shall have no vote. 2.9 Town Attorney: The Town Attorney, or Acting Town Attorney, shall attend all meetings of the Town Council unless excused and shall, upon request, give an opinion, either written or oral, on questions of law. The Town Attorney shall act as the Town Council’s parliamentarian. 2.10 Town Secretary: The Town Secretary, or Acting Town Secretary, shall attend all meetings of the Town Council unless excused, and shall keep the official minutes and perform such other duties as may be requested of him/her by the Town Council. 2.11 Officers and Employees: Any officer or employee of the Town; when requested by the Town Manager, shall attend any meeting of the Town Council. If requested to do so by the Town Manager, they may present information relating to matters before the Town Council. 2.12 Rules of Order: Robert’s Rules of Order Newly Revised shall govern the proceedings of the Town Council. 2.13 Suspension of Rules: Any provision of these rules may be temporarily suspended by a two-thirds vote of all members of the Town Council. The vote on any such suspension shall be taken by a show of hands and entered into the record. 2.14 Amendment to Rules: These rules may be amended, or new rules adopted by a majority vote of all members of the Town Council in attendance, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Town Council meeting. 3. TYPES OF MEETINGS 3.1 Regular Meetings: The Town Council shall meet in the Council/Board Room at the Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas on the first and third Monday of each month to be scheduled for 7:30 p.m. o’clock, unless otherwise officially changed by the Town Council. At 11:00 p.m. 15 a record vote shall be taken to determine if the meeting shall continue past 11:00 p.m. 3.2 Special Meetings: Special meetings may be called by the Mayor or by any three members of the Town Council. The call for a special meeting shall be filed with the Town Secretary in written form, except that announcement of a special meeting, during any regular meeting at which all members are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, and shall list the subject or subjects to be considered. No special meeting shall be held until at least 72 hours after the call is issued. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or as incident thereto. 3.2.1 Emergency Meeting: In case of emergency or urgent public necessity, which shall be expressed in notice of the meeting, an emergency meeting shall be called by the Chairman/Mayor or on the application of three (3) members of the Town Council, and it shall be sufficient if the notice is posted two (2) hours before the meeting is convened. 3.3 Recessed Meetings: Any meeting of the Town Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 3.4 Public Hearings: All meetings shall be held in full compliance with the provisions of state law and ordinances of the Town. Any party in interest may appear in his/her own behalf or be represented by counsel or agent. The Town Secretary shall set public hearing dates for the Town Council as requested, be responsible for timely advertising in the official newspaper, and notify interested parties according to requirements of the Town Council. 4. CHAIRMAN AND DUTIES 4.1 Chairman: The Mayor, if present, shall preside as Chairman at all meetings of the Town Council. In the absence of the Mayor, the Mayor Pro-Tem shall preside. In the absence of both the Mayor and the Mayor Pro-Tem, the Town Council shall elect a chairman. 4.2 Call to Order: The meetings of the Town Council shall be called to order by the Mayor, or in his absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the Mayor Pro-Tem, the meeting shall be called to order by the Town Secretary. 16 4.3 Preservation of Order: The Chairman shall preserve order and decorum, prevent personalities from becoming involved in debate and confine members in debate to the question under discussion. 4.4 Points of Order: All points of order shall be made to the Parliamentarian who shall then advise the Chair accordingly. The Chairman shall make the final determination on all points of order, subject to the right of any member to appeal to the Town Council. If any appeal is taken, the question shall be, “Shall the decision of the Chairman be sustained?” If a majority of the members present vote “no”, the ruling of the chair is overruled; otherwise it is sustained. 4.5 Questions to be Stated: The Chairman shall state all questions submitted for a vote and announce the result. The announcement of the result will include the number of votes for, number of votes against and abstentions, or state if unanimous. 4.6 Substitution of Chairman: The Chairman may call any other member to take his place in the chair, such substitution not to continue beyond adjournment. 5. ORDER OF BUSINESS 5.1 Agenda: The order of business of each meeting shall be as contained in the Agenda prepared by the Mayor. The agenda shall be a listing of topics to be considered by the Town Council and delivered to members of the Town Council each Thursday preceding the Monday meeting to which it pertains. 5.2 Presentations by Members of Town Council: The agenda shall provide a time when the Mayor or any Town Council member may bring before the Town Council any business that the Town Council member believes should be deliberated upon by the Town Council. These matters need not be specifically listed on the agenda, but formal action on such matters shall be deferred until a subsequent Town Council meeting. Immediate action may be taken upon a vote of two-thirds of all members of the Town Council who are present, provided that the requirements of Chapter 551 Texas Government Code have been met. 5.3 Agenda Deadline: Any Town Council member or Committee Chairperson desiring to present a subject for the Town Council’s consideration shall 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 member wishes the subject to be considered. 5.4 Presentations by Citizens: Presentations by citizens, with or without prior notification, shall be limited to a total of six minutes, with three minutes of time allowed prior to Council discussion and three minutes of time allowed subsequent to Council discussion but before the Chair calls for a vote. It is 17 within the discretion of the Chair to reasonably extend those limits. Citizens must turn in a completed “Request to Speak” form to the Town Secretary. Presentations by representative(s) of organized groups, with or without prior notification, shall be limited to a total of six minutes, with three minutes of time allowed prior to Council discussion and three minutes of time allowed subsequent to Council discussion but before the Chair calls for a vote. It is within the discretion of the Chair to reasonably extend those limits. . A “Request to Speak” form must be completed and turned in to the Town Secretary. The foregoing rules and time limitation do not apply to citizens appearing at a public hearing being held by the Town Council pursuant to any official notice thereof. All citizens shall refrain from private conversations in the chamber while the Town Council is in session. Citizens attending Town Council meetings shall observe the same rules of priority, decorum, and good conduct applicable to the administrative staff. Any persons making personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the Town Council or while attending the Town Council meeting, shall be removed from the room if the Chief of Police (or his representative) is so directed by the Mayor/Chairman, and such person shall be barred from further audience before the Town Council during that session of the Town Council. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Mayor/Chairman, who shall direct the Chief of Police to remove such offenders from the room. In case the Chairman shall fail to act, any other of the Town Council may move to require the Chair to enforce the rules, and the affirmative vote of a majority of all members present of the Town Council shall require the presiding officer to act. No placards, banners or signs of any kind shall be permitted in the Council Chamber unless exhibits, displays and visual aids are used in connection with presentations to the Town Council, provided that such exhibits, displays and visuals aids do not disrupt the meeting. 5.5 Oral Presentations by Town Manager: Matters requiring the Council’s attention or action which may have developed since the deadline for delivery of the written communication to the Council may, upon approval of the Council, be presented orally by the Town Manager. 18 5.6 Seating Arrangements: The Town Secretary, Town Attorney, and Chief of Police shall occupy the respective seats in the Council Chamber assigned to them by the Chairman/Mayor, but any two (2) or more of the Town Council may exchange seats. 6. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 6.1 Printed or Typewritten Form: All ordinances and resolutions shall be presented to the Town Council only in printed or typewritten form. 6.2 Town Attorney to Approve: All ordinances and resolutions shall be approved as to form and legality by the Town Attorney. 6.3 Distribution of Ordinances: The Town Secretary shall prepare copies of all proposed ordinances for distribution to all members of the Town Council at the meeting at which the ordinance is introduced, or at such earlier time as is expedient. 6.4 Recording of Votes: The show of hands shall be taken and entered upon the passage of all ordinances and resolutions and entered into the official record of the Council. 6.5 Majority of Vote Required: Approval of every ordinance, resolution, or motion shall require the affirmative vote of a majority of all members of the Town Council in attendance. 6.6 Tie Vote: In the event of a tie in votes on any motion, the Mayor may vote to break the tie. 7. RULES OF DECORUM 7.1 Recognition by Chairman/Mayor: No person shall address the Town Council without first being recognized by the Chairman/Mayor. 7.2 Order: While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Town Council nor disturb any member while speaking or refuse to obey the orders of the Chairman/Mayor. Members of the Town Council shall not leave their seats during a meeting without first obtaining the permission of the Chairman/Mayor. 7.3 Chairman/Mayor May Debate and Vote: The Chairman/Mayor may move only to such limitations of debate as are the rights and privileges of a Town Council member by reason of his acting as the Chairman/Mayor. If the Chairman/Mayor is engaged in debate and is abusing his position as chairman, at the insistence of any three Council members, the Chairman/Mayor member 19 must relinquish the chair in accordance with provisions of Robert’s Rules of Order Newly Revised. 7.4 Getting the Floor, Improper References to be Avoided: Every member desiring to speak shall address the chair, and upon recognition by the Chairman/Mayor shall confine himself/herself to the questions under debate, avoiding all personalities and inappropriate language. 7.5 Interruptions: A member, once recognized, shall not be interrupted when speaking unless it be to call the member to order, or as herein otherwise provided. If a member, while speaking, is called to order, the Town Council member shall cease speaking until the question of order be determined and, if in order, the Town Council member shall be permitted to proceed. 8. PARLIAMENTARY MOTIONS AND PRECEDENCE Requires 2nd Debatable Amendable A Majority Vote of Those Present 1. To adjourn Yes No No Yes 2. To take a recess Yes No Yes Yes 3. To commit, refer, or recommit to committee Yes Yes Yes Yes 4. To amend Yes Yes Yes Yes 5. To amend an amendment Yes Yes No Yes 6. To postpone indefinitely Yes Yes No Yes 7. To table Yes No No Yes 8. Calling the question No No No Yes 9. Objecting to consideration of a question No No No 2/3 8.1 Discussion of Items: Each agenda item shall be considered open for discussion when announced by the Chair; thus, a main motion to consider the item is not necessary as a prerequisite to discussion. If a member wishes to challenge an agenda item on the basis that the item is not a proper topic for Council discussion, such member shall state that he or she “objects to the consideration of the question”. This action does not require a second. When the objection is made, the Chair shall immediately call the question: “Will the assembly consider this question?” If 2/3 of the members vote “no”, the question cannot be introduced. An objection to consideration of a question must be made when the item is first introduced and before it has been debated. A motion for appropriate action shall be made after discussion of an item has been concluded. 20 8.2 Motions: After obtaining the floor a motion can be made before the assembly on the particular subject of discussion. A “Second” to the motion must be made by another Town Council member within a reasonable but brief time period. Without a “second” the motion dies. No main motion can be made when another motion is pending. 8.3 Withdrawal of Motions: A motion may be withdrawn, or modified, by its mover without asking permission until the motion has been stated by the Chairman/Mayor. If the mover modifies his motion, the seconder may withdraw his second. After the question has been stated, the mover shall neither withdraw it nor modify it without the consent of the Council. 8.4 Stating the Question: In principle, the Chairman/Mayor must state the question on a motion immediately after it has been made and seconded, unless the Council member is obligated to rule that the motion is out of order or if the wording is not clear. 8.5 Amendments to Motions: No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. 8.6 Debate: Debate must be limited to the merits of the immediately pending question as stated by the chair and by authority of the Chairman/Mayor. 8.7 Calling for the Questions: The Chairman/Mayor may “call for the question” without a vote if debate appears to have closed and if there are not objections by any Council member. Any Council member may “call for the question” to take the vote on the immediately pending question and such other questions as are specified in the motion. The Chairman/Mayor then shall take a vote of the Council to close debate. 8.8 Point of Order or Parliamentary Inquiry: A member may interrupt debate for immediate consideration of questions relating to rights and privileges of the assembly. The Chairman/Mayor will decide the question or may refer to the Town Attorney for a ruling. The Chairman/Mayor’s decision is subject to appeal to the Town Council. 9. CREATION OF COMMITTEES, BOARDS AND COMMISSIONS 9.1 Council Committees: The Council may, as the need arises, authorize the appointment of “ad hoc” committees. Except where otherwise specifically provided, the Mayor shall appoint the members of the “ad hoc” committees, subject to the approval of the Town Council. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Town Council. 21 9.2 Citizen Boards, Commissions, and Committees: The Town Council may create other Committees, Boards and Commissions to assist in the conduct of the operation of the Town government with such duties as the Council may specify. Memberships and selection of members shall be as provided by the guidelines in Resolution No. 1999-36 to appoint committees. Any committees, boards, or commissions so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Town Council. No committee so appointed shall have powers other than advisory to the Town Council, except as otherwise specified by the laws of the State of Texas. 22 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-5-2006 Subject: Agenda Item No.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) EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (kf) Attachments: 1. None 23 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-5-2006 Subject: Agenda Item No.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) Purpose: To conduct a public hearing 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. Existing Condition of the Property: The property is currently zoned PD-13. The uses designated for this site are Office/Commercial. The site consists of approximately 1.8 acres, and contains a 19,000 square foot office building built in 1996. History: Planned Development No. 13, The Village at Trophy Club, was approved for zoning in November of 1995. At that time, interior illuminated signage was not approved for the retail buildings along State Highway 114, the bank use fronting Trophy Club Drive, or the office building which is the subject of this amendment request. Since the adoption of PD-13, internally illuminated signage has been approved for the retail uses along State Highway 114, as well as the bank use. P&Z Findings: The location of the sign will generally remain in its current location. The height will be three feet, nine inches, and thirteen feet in width. The majority of the tenants will have an individual, removable panel listing their business. The lettering will be vinyl. The request for signage amendment is consistent with the signage on the surrounding properties. The Planning & Zoning Commission unanimously recommended approval of this request at their 18 May 2006 meeting. (kcf) Attachments: 1. Council Memorandum 2. Detail of Proposal 3. Letter of Signage Amendment Request 4. Ordinance 5. Photos 24 DATE: May 30, 2006 TO: Kerin Fleck Trophy Club Planning & Zoning FROM: Marge Carpenter Trophy Club Executive Suites SUBJ: Signage Variance Signs Overall width Overall height Distance from Street 1st Financial Bank 10’6” (126”) 4’0” (48”) 19’2” Methodist Church 12’0” (144”) 8’8” (104”) 20’4” TCES Existing 10’0” (120) 3’9” (45”) 18’0” Proposed new sign: TC Executive Suites 13’0” (156”) 3’9” (45”) 15’ • If the spaces were any smaller the lettering would be too small to read from the street. • If the sign were shorter we would lose 2 spaces for tenant names. • Moving the sign a little closer to the street (placing it at the edge of the berm) would move it past the large tree and enable it to be seen from both directions. • Please see diagram below. 25 26 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2006-__P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 95-20 OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT NO. 13, GENERALLY KNOWN AS THE VILLAGE AT TROPHY CLUB, BY AMENDING EXHIBIT C, DEVELOPMENT STANDARDS, TO ADD SECTION A. 4(f), ENTITLED TRACT 4B SIGNS, AND REGULATING SIGNS LOCATED WITHIN TRACT 4B AS FOLLOWS: PROVIDING REGULATIONS FOR A DIRECTORY SIGN, INSTALLATION AND ADDITIONAL REQUIREMENTS FOR ALL SIGNAGE; PROVIDING FOR WAIVERS OR EXCEPTIONS TO THESE REGULATIONS; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of Tract 4B of PD No. 13, generally known as The Village at Trophy Club and more particularly described as approximately 1.8 acres of land currently zoned PD Planned Development No. 13 for Office/Commercial uses (the “Land”), filed an application with the Town Planning and Zoning Commission requesting a change in zoning, more specifically to allow a change in the terms of Exhibit “C” Development Standards, to add Section A 4 (f); Section A 4 (f) is added to regulate signage within Tract 4B, a portion of the Land located in Planned Development No. 13, and to allow an amendment to the official Zoning District Map of the Town in accordance with Ordinance No. 2000-06 P&Z of the Town (the “Comprehensive Zoning Ordinance”); and WHEREAS, all legal notices, requirements and conditions having been complied with, the amendment to PD No. 13 came before the Planning and Zoning Commission and Town Council; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and 27 WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDING Ordinance No. 95-20 of the Town of Trophy Club, Texas, the same being the Town's PD No. 13, Exhibit “C” Development Standards, Section A, Subsection 4., is hereby amended to add item (f) with the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: (f) Tract 4B Signs: The following sign regulations apply to signs within Tract 4B only and are cumulative of all other general sign regulations herein. In the event of a conflict between these regulations and any other regulations contained in this ordinance, the following regulations shall control signage located within Tract 4B. (1) Directory Sign: One (1) directory sign, double sided, shall be located within the landscaped area as designated on the previously approved site plan, and shown on Exhibit C.7. The sign shall not exceed a maximum of three feet, nine inches (3’9”) in height measured from the bottom of the footing and thirteen feet, (13’) in length, as shown on Exhibit C.8. The sign copy shall not exceed a maximum of three feet, two inches (3’2”) in height and nine feet, six inches (9’6”) in length. The monument sign face shall be made of sign grade acrylic, white in color and 3/16” thick. The can shall be steel frame with aluminum skin. Surface lettering shall be vinyl. (2) Installation: A licensed electrician shall perform all electrical hook-up. (3) Additional Requirements: The following additional standards shall apply to all signage, as applicable: (i) conformance with the 2002 National Electrical Code, as amended; (ii) conformance with UL Standards; and (iii) conformance with Town permitting requirements. 28 (4) Waiver or Exception: Tenants or owners may request a waiver or exception to these provisions as allowed by the ordinances of the Town. SECTION 3. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. SECTION 4. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances affecting the regulation of land and zoning and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. SECTION 5. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting regulations governing and regulating the platting and subdivision of land which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. 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. 29 SECTION 8. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 9. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 10. EFFECTIVE DATE 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 5th day of June, 2006. Mayor Town of Trophy Club, Texas Effective Date: [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: 30 Town Attorney Town of Trophy Club, Texas 31 EXHIBIT C.7 SITE PLAN _____________________________________ Town of Trophy Club, Texas 32 EXHIBIT C.8 DIRECTORY SIGN 33 Area Signs 34 Current Site Signage 35 36 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-5-2006 Subject: Agenda Item No.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. EXPLANATION: The Procurement Policies and Procedures recently adopted by the Town Council allow the Town to utilize cooperative purchasing programs with the approval of Town Council. Purchases made through an approved Cooperative Purchasing Program satisfy state law competitive bid requirements. Attached is a resolution approving participation in those programs specifically listed in the resolution. The following is a list of those programs and a brief description of each program for which staff seeks Council approval: Catalog Information Systems Vendor (CISV) - The purpose of the CISV Purchasing Program is to allow for qualified entities (state agencies and political subdivisions) to purchase automated information systems products and /or services in an efficient, cost effective, and competitive procurement method. Department of Information Resources (DIR) – DIR is an agency of the State of Texas. Among their varied responsibilities, DIR must negotiate volume purchase agreements for quality products and services. All Texas state agencies are eligible to use these agreements. Texas Building and Procurement Commission (TBPC) – TBPC is another state agency whose primary responsibility is to provide goods, services and facilities to the State of Texas. One part of fulfilling this responsibility is to establish term contracts available to all Texas state agencies. Texas Multiple Award Schedules (TXMAS) – TXMAS was established by TBPC- these contracts have been developed from contracts that have been competitively awarded by the federal government or any other governmental entity of any state. Texas Interlocal Purchasing System (TIPS) – TIPS is sponsored by the Region VIII Education Service Center and is available for use by all public and private schools, colleges, universities, cities, counties, and other government entities in the State of Texas. TIPS has competitively bid their contracts, and has followed the HUB guidelines of the State of Texas. 37 The Cooperative Purchasing Network – TCPN is available for use by all public and private schools, colleges, universities, cities, counties, and other government entities in the State of Texas. Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program – through the Texas Interlocal Cooperation Act, local governments, states, state agencies and non profit corporations providing one or more governmental functions and services have access to contracts developed by H-GAC. Western States Contracting Alliance – WSCA is an alliance of 15 states joining forces to get the quality goods and services at cost effective prices. This program focuses on state governments. Although Texas is not one of the original states forming WSCA, we are eligible for WSCA pricing. US Communities – all government entities are eligible to use US Communities contracts, which focus on high use, high volume items. BuyBoard – the BuyBoard was developed by the Texas Association of School Boards (TASB) along with the Texas Association of Counties and the Texas Municipal League. It is open to all local governments, nonprofits, and other political subdivisions of the state of Texas. School districts must be a member of TASB to participate. RECOMMENDATION: ACTION BY COUNCIL: (aa) Attachments: 1. Resolution 38 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2006 - ___ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING PARTICIPATION IN VARIOUS COOPERATIVE PURCHASING PROGRAMS IN ACCORDANCE WITH THE TOWN’S PROCUREMENT POLICIES AND PROCEDURES; IDENTIFYING THOSE COOPERATIVE PURCHASING PROGRAMS APPROVED FOR TOWN PARTICIPATION; APPOINTING THE TOWN MANAGER OR HIS DESIGNEE AS THE PROGRAM COORDINATOR OF COOPERATIVE PURCHASING PROGRAMS; AUTHORIZING EXECUTION OF ANY AND ALL NECESSARY AGREEMENTS FOR PARTICIPATION IN THE COOPERATIVE PROGRAMS BY THE MAYOR OR HIS DESIGNEE AND PAYMENT OF RELATED FEES IN ACCORDANCE WITH THE BUDGET; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 271 of the Texas Local Government Code authorizes a local government to participate in a cooperative purchasing program and provides that purchases made pursuant to an agreement with a local cooperative organization satisfy state laws requiring the local government to seek competitive bids for the purchase of the goods or services; and WHEREAS, the Procurement Policies and Procedures of the Town of Trophy Club authorize purchases from a cooperative purchasing program or other approved state program provided that the Town Council has approved participation; and WHEREAS, Town’s participation in the cooperative purchasing programs and other approved state programs will improve efficiency in the purchasing process by allowing the Town to meet competitive bid requirements, to identify and purchase goods and services from qualified vendors of commodities, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings that such programs provide; and WHEREAS, upon consideration of the cooperative purchasing programs specified in this Resolution, and all matters attendant and related thereto, the Town Council is of the opinion that the Town’s participation in these programs is beneficial and should be approved, and that the Town Manager or his designee is appointed as the Program Coordinator for the Town’s membership in such cooperative programs; and 39 WHEREAS, in the event that participation in any of the cooperative purchasing programs approved by this Resolution requires the execution of an Agreement and / or the payment of a fee, the Mayor or his designee is hereby authorized to execute any necessary Agreements for participation in such program(s) and the Program Coordinator is authorized to approve the payment of applicable fees provided that funds are budgeted and available for such participation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. The foregoing premises, which are hereby found to be true and to be in the best interest of the Town of Trophy Club and its citizens, are hereby adopted. Section 2. The Town’s participation in the following cooperative purchasing programs is hereby authorized and approved in accordance with the terms of this Resolution and of the Town of Trophy Club Procurement Policies and Procedures: a. Catalog Information Systems Vendor (CISV) b. Department of Information Resources (DIR) c. Texas Building and Procurement Commission (TBPC) d. Texas Multiple Award Schedules (TXMAS) e. Texas Interlocal Purchasing System (TIPS) f. The Cooperative Purchasing Network (TCPN) g. Houston-Galveston Area Council Cooperative Purchasing Program (H-GAC) h. Western States Contracting Alliance i. US Communities j. BuyBoard Section3. The Town Manager or his designee is appointed as the Program Coordinator for the Town’s membership in approved cooperative purchasing programs. The Program Coordinator is authorized to approve the payment of applicable fees for approved programs provided that funds are budgeted and available for such participation. Section 4. The Mayor or his designee is hereby authorized to execute any necessary Agreements for participation in such program(s) according to the terms and conditions set forth in this Resolution and the Town’s Procurement Policies and Procedures. Section 5. This Resolution shall become effective immediately upon its passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 5th day of June, 2006. ________________________________ Nick Sanders Mayor, Town of Trophy Club, Texas 40 ATTEST: ___________________________________ Town Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney Town of Trophy Club, Texas 41 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-5-2006 Subject: Agenda Item No.D.2 Discuss and take appropriate action regarding an ordinance adopting the Code of Ordinances of the Town of Trophy Club, Texas EXPLANATION: The proposed Ordinance is required in order to codify the Town’s ordinances. The Codification is an accumulation of the Town’s existing ordinances and is not amending or repealing ordinances, but is incorporating existing Town Ordinances into a Code. The official copy of the Codified Ordinances will be maintained in the Office of the Town Secretary. RECOMMENDATION: ACTION BY COUNCIL: (kf / paa) Attachments: 1. Ordinance 2. Screen Print of Code of Ordinances from Records Website, once approved 3. Supplemental Information – Exhibit “A” – Code of Ordinances (Provided separately) 42 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2006-___ AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, ADOPTING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS, A CODIFICATION OF TOWN CIVIL AND CRIMINAL ORDINANCES; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR EFFECTIVENESS AND REPEAL; SETTING FORTH APPROPRIATE PENALTIES FOR THE VIOLATION OF EACH CODIFIED ORDINANCE AS SPECIFIED FOR EACH SUCH ORDINANCE PROVIDED THAT WHERE A PENALTY OR FINE IS NOT PROVIDED, THERE SHALL BE IMPOSED A MAXIMUM FINE OF $200 FOR VIOLATIONS OF TRAFFIC LAWS AND A MAXIMUM FINE OF $500 FOR VIOLATIONS OF ORDINANCES OR POLICE REGULATIONS, EXCEPT WHERE SUCH VIOLATION IS FOR A RULE, ORDINANCE, OR POLICE REGULATION THAT GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE, AND THEN THE MAXIMUM FINE SHALL BE TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE FOR EACH DAY OR PART OF A DAY; PROVIDING FOR MAINTENANCE OF THE CODE; PROVIDING A REPEALER AND SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, Chapter 53 of the Texas Local Government Code authorizes a municipality to adopt by Ordinance a codification of its civil and criminal Ordinances, together with appropriate penalties for violation of the Ordinances; and WHEREAS, since the Town’s incorporation in 1985, the Town has enacted numerous Ordinances for the benefit of the public health, safety and welfare; and WHEREAS, in an effort to make those Ordinances more accessible to the public, the Town has compiled existing Town ordinances as specified herein into the Code of Ordinances of the Town of Trophy Club Texas (hereinafter referred to as “Code of Ordinances”); and 43 WHEREAS, the Code of Ordinances has the force and effect of an Ordinance regularly adopted in accordance with law, provides a record of the codified Ordinances and establishes the content of those Ordinances; and WHEREAS, through the passage of this Ordinance, the Town Council of the Town of Trophy Club hereby directs the Town Secretary to have printed a copy of the Code of Ordinances that is authenticated and approved by the Mayor’s signature and attested by the Town Secretary; and WHEREAS, the effect of the printed Code of Ordinances is to provide prima facie evidence of the existence and regular enactment of the Ordinance adopting the Code of Ordinances and the printed Code is authorized by state law to be admitted into court without further proof. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. ADOPTION OF CODE OF ORDINANCES The Code of Ordinances, consisting of Chapters 1 through 14 and including Exhibit “A” entitled “Town of Trophy Club, Texas Code of Ordinances” is attached hereto and incorporated herein for all intents and purposes has been established and is hereby adopted by the Town Council. Such Code of Ordinances shall be treated and considered as a new and original comprehensive Ordinance, which shall supersede all other general and permanent Ordinances passed by the Town Council on or before June 5, 2006, to the extent and with the exceptions as more specifically provided in this Ordinance. “Code of Ordinances” or “Code” as used herein shall refer to the Town of Trophy Club Code of Ordinances adopted under the terms and conditions of this Ordinance. SECTION 3. EFFECTIVENESS AND REPEAL 3.01 Effective Date and Repeal. All provisions of the Code of Ordinances shall be in full force and effect from and after the effective date of this Ordinance, and all ordinances of a general and permanent nature of the Town of Trophy Club, Texas, enacted on or before such effective date which are either not included in this Code or which are not specifically recognized and continued in force by reference or description herein, are hereby repealed on the effective date of this Ordinance. Section 3.02 more specifically describes those ordinances which are unaffected by the passage of this Ordinance adopting the Code of Ordinances. 44 3.02 Exceptions to Repeal. That the repeal provided in subsection 3.01 above shall not affect any of the following: (1) Any events or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or occurring before the effective date of this Code. (2) Any Ordinance promising or guaranteeing the payment of money for the Town, or authorizing the issuance of any bonds of the Town, or any evidence of the Town’s indebtedness. (3) Any contract or obligation assumed by the Town. (4) Any franchise granted by the Town and amendments thereto. (5) Any Ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating or affecting the right-of-way of any street or public way in the Town (6) Any Ordinance relating to municipal street maintenance agreements with the State of Texas or Denton or Tarrant County (7) Any appropriation Ordinance or Ordinance providing for the levy of taxes or for the adoption of an annual budget (8) Any Ordinance relating to local improvements and assessments for such improvements. (9) Any Ordinance annexing territory to the Town or accepting territory given to, sold to, or condemned by the Town. (10) Any Ordinance dedicating or accepting any plat or subdivision in the Town. (11) Any Ordinance zoning a planned development district or rezoning a parcel of land to any zoning classification. (12) Any Ordinance pertaining to the calling of municipal or other elections, appointing of election officers, or ratifying the results of an election. (13) Any Ordinance establishing rates to be charged by privately or semi-publicly owned utility companies. (14) Ordinance No. 2006-13 enacting a Water Conservation Plan, except until such time as that Ordinance is amended or repealed. (15) Any Ordinance enacted on or after June 5, 2006. 3.03 No Revival by Repeal. The repeal provided for in Section 3.01 shall not be construed to revive any Ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this Ordinance. 3.04 Future Amendments of Codified Ordinances. Subsequent to the adoption of this Ordinance, amendments to ordinances codified in the Code of Ordinances shall be made by reference to the Article and Section of the Code and reference to this Ordinance shall not be required. Any and all amendments to the Code of Ordinances, when passed in such form as to indicate the intention of the Town Council to make the same a part of the Code of Ordinances, shall be deemed to be incorporated into such Code of Ordinances so that the reference to the “Code of Ordinances of the Town of Trophy Club, Texas” shall be understood and intended to include such additions and amendments. 45 SECTION 4. PENALTY 4.01 Penalty Assessed. Whenever in the Code of Ordinances or any Ordinance of the Town previously adopted by the Town Council, an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such Code or Ordinances the doing of an act is required or prohibited or the failure to do any act is declared to be unlawful or prohibited and no specific penalty is provided therefore, the violation of any such rule, ordinance or police regulation contained in Code or any such Ordinance shall be punished by a maximum fine not exceeding five hundred dollars ($500.00) except that: (a) For violations of a rule, Ordinance, or police regulation that governs fire safety, zoning, or public health and sanitation, including dumping of refuse, the maximum fine shall be two thousand dollars ($2,000.00) for each offense for each day or part of a day; and (b) For violations of traffic laws, whether by ordinance or state law, which are punishable as a Class C misdemeanor, the maximum fine shall not exceed two hundred dollars ($200.00) per offense except as otherwise provided by law. 4.02 Penalty Consistent with State Law. Notwithstanding the foregoing, no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the State of Texas. Each day or part of a day any violation of such Code of Ordinances or any ordinance shall continue shall constitute a separate offense unless otherwise designated. 4.03 Civil Action for Enforcement. In addition to or in lieu of the criminal penalty assessed under any ordinance in the Code, the Town may bring a civil action for the enforcement of any such ordinance for the preservation of public health, safety, or welfare, or as otherwise authorized by law. As used herein “authorized by law” shall mean where such civil action is either expressly or impliedly authorized or not prohibited by law. 4.04 General Penalty Applicable. In the case of amendment of any Article or Section of the Code of Ordinances for which a penalty is not provided, the general penalty as provided in Section 4 of this Ordinance shall apply to the Article or Section as amended, or, in case such amendment contains provisions for which a penalty other than that general penalty set forth in Section 4 is provided, the penalty so provided in the amendment to the Article or Section shall be held to relate only to the Article or Section so amended, unless the penalty is specifically repealed therein. SECTION 5. MAINTENANCE OF CODE 5.01 Official Copy Maintained by Town Secretary. A copy of the Code of Ordinances that is authenticated and approved by the Mayor’s signature and attested by the Town Secretary shall be maintained on file in the office of the Town Secretary in loose-leaf form. It shall be the express duty of the Town Secretary or her designee to insert in the designated places all 46 amendments or Ordinances which indicate the intention of the Town Council to make the same a part of such Code of Ordinances when the same has been printed or reprinted in page form and to extract from such Code all provisions which may be from time to time repealed by the Town Council. Such copy of the Code shall be available for all persons desiring to examine the same at any time during regular business hours. The official copy of the most current Code of Ordinances shall also be maintained in such other format or media as directed by Town Council. 5.02 Penalty for Unauthorized Amendment, Addition or Deletion. It shall be an offense for any person to change or amend, by additions or deletions, any part or portion of this Code of Ordinances, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will or could cause a law of the Town of Trophy Club to be misrepresented thereby. Any violation of this Section shall be a Class C misdemeanor and such penalty or penalties as specified in Section 6 of this Ordinance shall be applicable. SECTION 6. REPEALER AND SAVINGS By the passage of this Ordinance, the following ordinances are hereby repealed: 85-03; 85-04; 85-05; 85-19; 85-23; 85-25; 85-26; 86-02; 86-06; 86-07; 87-05; 87-07; 87-18; 87-26; 88- 05; 90-15; 91-13; 92-03; 92-04A; 92-14; 92-15; 92-21; 92-22; 96-19; 97-13; 1997-07; 97-08; 1998-07; 1998-08; 1998-22; 1998-28; 1998-29; 1999-19; 1999-30; 2000-06; 2000-26; 2001-01; 2001-03; 2001-08; 2001-13; 2001-18; 2001-21; 2001-22; 2001-29; 2002-12; 2002-18; 2002-28; 2002-36; 2002-38; 2002-40; 2003-04; 2003-12; 2003-06; 2003-11; 2003-19; 2003-25; 2003-28; 2003-30; 2004-02; 2004-03; 2004-06; 2004-10; 2004-17; 2004-22; 2004-23; 2004-24; 2004-25; 2004-26; 2004-27; 2004-28; 2005-03; 2005-04; 2005-07; 2005-10; 2005-11; 2005-13; 2005-14; 2005-15; 2005-16; 2005-18; 2005-20; 2005-21; 2005-23; 2005-26; 2005-27; 2005-29; 2006-01; 2006-03; 2006-06; 2006-09; 2006-10. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to any of the foregoing Ordinance(s) or portions thereof on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance(s) and for that purpose the Ordinance(s) shall remain in full force and effect and any and all rights and remedies of the Town of Trophy Club, Texas under such Ordinance(s) are expressly saved as to any and all violations of such Ordinances which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinance(s), the same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. SECTION 7. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. 47 SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by recording the Code in the Town’s Ordinance Record and by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council. SECTION 9. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, this Ordinance adopting the Code of Municipal Ordinances in the official newspaper of the Town or in a newspaper published in the Town or County as provided by law. SECTION 10. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 5th day of June, 2006. Mayor Town of Trophy Club, Texas Effective Date: [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: 48 Town Attorney Town of Trophy Club, Texas 49 50 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-5-2006 Subject: Agenda Item No.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. EXPLANATION: The Metroport Cities Partnership is working with the Dallas Business Journal on an insert for the DFW 114 West Corridor in the September 22, 2006 issue to highlight commercial and residential developments in the area. A similar insert is done annually for Frisco and Las Colinas. This will span several cities and include a variety of developments with the purpose of highlighting the commercial and residential opportunities in our area. The Town has the opportunity to participate by purchasing advertising space. With the purchase of advertising space the Town will be included in the editorial articles and have the ability to place a photo on the cover. The Town’s ad would likely focus on Trophy Club as a great place to call home and the amenities that our residents enjoy. Developers such as Beck Properties, D.R. Horton and Terra Land Development are also being invited to participate with advertising highlighting their developments. The more participation we have from Trophy Club, the more editorial space we will enjoy. Potential funding from this could come from EDC4-B RECOMMENDATION: Staff recommends participation. ACTION BY COUNCIL: (rau) Attachments: 1. None 51 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-5-2006 Subject: Agenda Item No.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. EXPLANATION: Back in 2005, TXU Electric Delivery (“TXU”) entered into a settlement agreement with the Steering Committee of Cities Served by TXU Electric Delivery (“Steering Committee”). While the Town normally participates in Steering Committee projects, the Town did not participate in the action that resulted in the February 2005 settlement. TXU agreed to extend the majority of the terms of the settlement agreements reached with the Steering Committee with non- participating cities. The Town signed the settlement agreement and received payments in addition to the regular franchise fees paid by TXU. The item on this agenda is an extension of that initial settlement agreement with TXU, and the following is a summary of the incentives that would be provided to the Town upon approval and execution of the proposed Extension and Modification of Settlement Agreement (“Agreement”): 1. Payment in Consideration for Non-Participation in Rate Challenge. In consideration for the Town’s agreement not to initiate or intervene in a Show Cause Action or similar action concerning TXU’s rates, TXU will make cash payment of $11,099.68 on March 31, 2007, March 31, 2008, and March 31, 2009. TXU’s obligation to make those payments would terminate on the date that the Town initiates or intervenes in a show cause hearing. Additionally, the right to payment would cease on the date the Steering Committee fails to comply with its obligations under the settlement agreement by which it is bound, or on the date that the tariffs approved in the next state wide rate case at the PUC are effective. 2. Payment for Beneficial Use. TXU will also pay $14,429.72 for “beneficial public use” 45 days after the Town forwards an executed copy of the Agreement to TXU and will make a second payment of $14,429.72 for “beneficial public use” on March 31, 2007. A determination of “beneficial use” is left to the determination of Council but includes energy education for citizens, reductions in rates for city services, investments in community facilities and investments in energy efficiency measures. 52 3. Increase to Franchise Fee Factor. If the Town agrees not to intervene or participate in Show Cause actions, the Town is also eligible to receive a 2% increase in the franchise fee factor effective January 1, 2006. The Town receives its franchise fees prospectively and has already received its fee for this year. Gina Bivens has confirmed that within 5 to 10 days of signing the Agreement, TXU will pay the Town an additional 2% of that fee. TXU also agreed to increase the franchise fee factor by 1% on January 1, 2007, on January 1, 2008, and on January 1, 2009 for a potential increase of 5% above the franchise fee factor in effect on December 31, 2005 (.002976). Roger Unger can respond to questions regarding the amount of this increase at the Council meeting. This provision is also subject to early termination due to show cause or legislation. Additionally, if the PUC denies recovery in TXU’s rates for the fees associated with the increased franchise factor, the payments will cease; however, TXU will not seek a refund from the Town if that occurs. 4. Quarterly Payment of Franchise Fees. By signing the Agreement, the Town will also become eligible to receive its franchise fees on a quarterly basis rather than annually. This would require an amendment to the Town’s existing franchise fee. 5. Deadline. The offer expires on July 1, 2006. RECOMMENDATION: This Agreement contains terms similar to those negotiated by the Steering Committee. Approval is recommended and staff seeks direction on whether the Council would like to amend its franchise fee ordinance to receive franchise fees on a quarterly basis. ACTION BY COUNCIL: (paa) Attachments: 1. Agreement and Attachment 1 2. Enclosure 1 and Enclosure 2 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-5-2006 Subject: Agenda Item No.D.5 Discuss and take appropriate action regarding the holding of the regularly scheduled Council meetings on July 3, 2006 and September 4, 2006. EXPLANATION: The following are the dates of the regular Town Council meetings for the rest of the year: 6/19 7/3, 7/17 8/7, 8/21 9/4 Holiday, Town Office is closed, 9/18 10/2, 10/16 11/6, 11/20 12/4, 12/18 According to Ordinance 2006-03, the TC will meet on the first and third Monday of each month, unless otherwise officially changed by the TC. RECOMMENDATION: Staff would like for the Town Council to discuss and consider rescheduling the 7/3 and 9/4 meeting dates. ACTION BY COUNCIL: (lmr) Attachments: 1. None 77 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-5-2006 Subject: Agenda Item No.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. EXPLANATION: The term lengths for the following will expire on 6/30/06: EDC-A EDC-B P&Z ZBA Tree Board J.D. Harvey Ralph Scoggins Dennis Sheridan Bob Downey Bob Downey Neil Twomey Bill Devlin James Stephens David Henry Uschi Szpak Robert Ashby Darin Davis David Bettis Sherry Gearner Kevin Barry - Alt Doyle Nicholson - Alt David Equitz - Alt Justin Pratt – Alt To Date the following applications have been received: EDC-A EDC-B P&Z ZBA Tree Board J.D. Harvey Dennis Sheridan Bob Downey Bob Downey Neil Twomey James Stephens Robert Ashby RECOMMENDATION: Staff recommends that the term lengths that are due to expire in June, 2006 be extended for a time period determined appropriate by Council in order to allow additional time for interested candidates to apply. Staff also recommends that the term date be changed from the month of June on a permanent basis so that the application process does not interfere with the May Elections. ACTION BY COUNCIL: (lmr) Attachments: 1. Resolution 78 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2006- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING RESOLUTION NOS. 2003-24, 2004-16, 2005-07, 2005-16, 2005-17, 2005-19, 2005-23, 2005-29 AND 2005-33, 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 Nos. 2003-24, 2004-16, 2005-07, 2005-16, 2005-17, 2005-19, 2005-23, 2005-29 and 2005-33, 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, term lengths for alternating members of each Board and Commission were resolved to expire every year in the month of June; and WHEREAS, the June expirations cause conflict with the Town’s General Election, which occurs each May; and WHEREAS, the Town has agreed that there should be more time allotted between the May Election and the appointments to Boards and Commissions; and WHEREAS, the Town Council is of the opinion that appointments to Boards and Commissions will be made every year in the month of _________, and that the terms of current 79 members that expire in June 2006 and June 2007 should be extended to _____, 2006 and _____, 2007 respectively; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That Resolution Nos. 2003-24, 2004-16, 2005-07, 2005-16, 2005-17, 2005- 19, 2005-23, 2005-29 and 2005-33 are repealed in their entirety. Section 2. That the Town Council hereby extends the terms of the following individuals serving on Boards and Commissions whose terms are currently set to expire in June 2006 to an expiration date of ___________, 2006 as specifically provided below, and further extends the terms of the other members of Boards and Commissions whose terms are set to expire in the month of June, 2007 until the month of _______, 2007 so that the terms of all Board and Commission members expire during one (1) designated month annually. 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. David Henry (2007) 5. Sherry Gearner (2007) Alt. Kevin Barry Alt. Doyle Nicholson Alt. David Equitz Alt. Justin Pratt 80 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 5th day of June, 2006. ______________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: ____________________________________ Town Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney Town of Trophy Club, Texas 81 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-5-2006 Subject: Agenda Item No.D.7 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. 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. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 82 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-5-2006 Subject: Agenda Item No.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. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: () Attachments: 1. None 83 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-5-2006 Subject: Agenda Item No.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. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 84 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-5-2006 Subject: Agenda Item No.E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: None 85 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-5-2006 Subject: Agenda Item No.F.1 Adjourn. 86