Agenda Packet TC 10/02/2006 1
Town of Trophy Club
Town Council Public Hearing/Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, October 2, 2006
6:30 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Work Session:
Discuss and review items posted to the September 18, 2006 Agenda, specifically Items D.1 and D.11.
A.4 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
A.5 Citizen presentations: this is an opportunity for citizens to address the Council on any matter
whether or not it is posted on the agenda. The Council is not permitted to take action on or
discuss any presentations made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior to the Council
addressing those items.
A.6 A Proclamation of the Town Council of the Town of Trophy Club recognizing the month of
October as Relationship Violence Awareness Month.
B.1 Consent Agenda: Discuss and take appropriate action approving court security funds to allow the
doors in the annex building to be badge locked.
C.1 Public Hearing:
Consider an amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25, Trophy Wood
Business Center for Final Detailed Site Plan approval for Tract 5, including a Landscape Plan and
Plant List, Building Elevations, Sight Line Studies, Civil Site Plan, Photometric Plan & Light
Fixtures Illustrations, Sign Criteria, and Development Schedule. Applicant: David Johnston,
Quanah Hospitality Partners, LP, (SP-06-006).
D.1 Discuss and take appropriate action regarding an amendment to Town Ordinance No. 2002-41
P&Z, the same being PD-25, Trophy Wood Business Center for Final Detailed Site Plan approval
for Tract 5, including a Landscape Plan and Plant List, Building Elevations, Sight Line Studies,
Civil Site Plan, Photometric Plan & Light Fixtures Illustrations, Sign Criteria, and Development
Schedule. Applicant: David Johnston, Quanah Hospitality Partners, LP, (SP-06-006).
D.2 Discuss and take appropriate action relative to:
Final Plat for Tract 1, Block 1 of The Trophy Club Country Club, an approximate 289.9 acre tract of land
located in the M. Medlin Survey, A-832, J. Eads Survey, A-392, J. Henry Survey, A-528, C.
Medlin Survey, A-823, J. Michael Survey, A-821, W. Medlin Survey, A-829, J. Michael Survey, A-
820, N. Pea Survey, A-1045. Applicant: Bob Terry, Survcon Inc.
D.3 Discuss and take appropriate action regarding an Interlocal Cooperation Agreement/Payment
Contribution Agreement between Town of Trophy Club and Trophy Club Master District for a
Joint Storage and Maintenance Building adjacent to the Wastewater Treatment Plant.
D.4 Discuss and take appropriate action regarding future allocation of Parkland dedication monies.
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D.5 Discuss and take appropriate action to authorize EDC 4A to expend $60,000, plus fund an annual
payment of $60,000 for 10 years with the proceeds of the note funded by this payment being
utilized for park improvements, and authorizing the Town Manager to seek financing .
D.6 Discuss and take appropriate action to authorize EDC 4B to expend up to $30,000 in matching
funds for the Marshall Creek Park grant.
D.7 Discuss and take appropriate action for utilization of Child Safety Funds.
D.8 Discuss and take appropriate action regarding a Resolution to reimburse the Town for Street
Improvement Expenditures made prior to the issuance of obligations in connection with such
expenditures for the purpose of constructing and improving Town Streets.
D.9 Discuss and take appropriate action relative to an Ordinance amending Chapter 12 of the Code
of Ordinances, entitled “Subdivision Rules and Regulations”, Article VIII, “Tree Preservation and
Removal”, amending Sections 8.01 through 8.13 to clarify the applicability of the Town’s Tree
Preservation Ordinance.
D.10 Discuss and take appropriate action regarding an Ordinance amending Article VIII , "Schedule of
Fees", Chapter 1 of the Code of Ordinances, entitled "Administration", by adding Section 8.03
(AA) "Tree Preservation."
D.11 Discuss and take appropriate action regarding an Ordinance amending Chapter 14 entitled
"Design Standards", Figures 1-7, 1-8 and 1-9 of Section 1 entitled "Roadway Design" of the Code
of Ordinances of the Town.
D.12 Discuss and provide input relative to an Ordinance amending the Chapter 3, Article XII Standards
for the Repair, Removal or Demolition of Substandard Buildings and establishing Building
Standards Commission for the Town.
D.13 Items for Future Agenda.
D.14 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
E.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
4
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.A.2
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.A.3
Work Session:
Discuss and review items posted to the September 18, 2006 Agenda, specifically Items D.1
and D.11.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.A.4
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.A.5
Citizen presentations: this is an opportunity for citizens to address the Council on any
matter whether or not it is posted on the agenda. The Council is not permitted to take
action on or discuss any presentations made to the Council at this time concerning an
item not listed on the agenda. The Council will hear presentations on specific agenda
items prior to the Council addressing those items.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.A.6
A Proclamation of the Town Council of the Town of Trophy Club recognizing the month of
October as Relationship Violence Awareness Month.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Letter from Friends of the Family
2. Proclamation
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TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2006-
PROCLAMATION OF RELATIONSHIP VIOLENCE AWARENESS MONTH
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, ESTABLISHING THE MONTH OF OCTOBER AS RELATIONSHIP VIOLENCE
AWARENESS MONTH. THIS MONTH PROVIDES AN EXCELLENT OPPORTUNITY
FOR THE TOWN TO DEMONSTRATE ITS SUPPORT IN ENDING RELATIONSHIP
VIOLENCE, AND TO SUPPORT THE NUMEROUS VICTIMS AND SURVIVORS WHO
ARE AMONG US. MOREOVER, IT IS A WONDERFUL OPPORTUNITY TO EDUCATE
THE PUBLIC ON THE SIGNIFICANCE AND PREVALENCE OF RELATIONSHIP
VIOLENCE IN DENTON COUNTY.
WHEREAS, relationship violence affects every adult, teen and child in Trophy Club either as a
victim/survivor of relationship violence or as a family member, significant other, friend, neighbor, or co-
worker; and
WHEREAS, many citizens of Denton County are working to provide quality services and
assistance to relationship violence survivors; and hundreds of volunteers help staff 24-hour hotlines,
respond to emergency calls, offer support and advocacy during medical care and criminal justice
proceedings, and offer safe shelter; and
WHEREAS, Friends of the Family volunteers and staff promote relationship violence awareness
and avoidance by offering educational programs to schools, churches and civic organizations, as well as
professional training to medical, mental health, law enforcement and criminal justice personnel regarding
relationship violence issues; and
WHEREAS, Friends of the Family, other relationship violence programs, and other professionals
and advocates of non-violence have joined together with the Texas Council on Family Violence and
National Domestic Violence Hotline to support each other and to provide Trophy Club and the State of
Texas and our citizens with a central source of information on relationship violence; and
WHEREAS, during the month of October Friends of the Family will be intensifying efforts to
reduce relationship violence through public education and changing public attitudes; and
WHEREAS, Friends of the Family will be working also to publicize their services, increase
community support for their agency and increase awareness of the healing potential for survivors;
NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS do hereby designate October 2006 as RELATIONSHIP VIOLENCE
AWARENESS MONTH in Trophy Club, Texas and urge all citizens to observe this month by becoming
aware of the tragedy of domestic violence, supporting those who are working toward its end, and
participating in community efforts.
__________________________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST: [SEAL]
__________________________________________
Town Secretary
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action approving court security funds to
allow the doors in the annex building to be badge locked.
EXPLANATION:
With the move of the Court office to the Administration annex, it has become more urgent to go ahead
and install the badge access system on this building. The Town’s half of the cost to do this will be
approximately $5,000. This is an appropriate expense for the Court Security funds. We currently have
$10,226 available in the Court Security funds account. We have received two quotes on this project and
are waiting on the third prior to proceeding.
RECOMMENDATION: Staff recommends approval of this item.
ACTION BY COUNCIL:
Attachments: None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.C.1
Public Hearing:
Consider an amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25,
Trophy Wood Business Center for Final Detailed Site Plan approval for Tract 5, including a
Landscape Plan and Plant List, Building Elevations, Sight Line Studies, Civil Site Plan,
Photometric Plan & Light Fixtures Illustrations, Sign Criteria, and Development Schedule.
Applicant: David Johnston, Quanah Hospitality Partners, LP, (SP-06-006).
(kcf)
Attachments: 1. Information Memorandum
2. Site Plan Application
3. P&Z Commission Report
4. Ordinance Amendment
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PLANNING & ZONING COMMISSION REPORT
TO: PLANNING & ZONING COMMISSION
MEETING DATE: 2 OCTOBER 2006
SUBJECT: PD AMENDMENT – TROPHY WOOD BUSINESS CENTER
FINAL DETAILED SITE PLAN – TRACT 5
PURPOSE:
ZONING: To hold public hearing and consider making a recommendation to the Town Council
regarding an amendment to Town Ordinance 2002-41 P&Z - PD-25, Tract 5 of the Trophy Wood
Business Center, by adopting a Detailed Final Site Plan, including:
1. building elevations
2. sight line studies
3. civil site plan
4. photometric plan and light fixtures illustrations
5. sign criteria
6. retaining wall and fencing criteria
7. a development schedule
APPLICANT: David Johnston
Quanah Hospitality Partners, LP
16610 Dallas Parkway, Suite 1300
Dallas, Texas 75248
EXISTING CONDITION OF THE PROPERTY: The subject land was rezoned to PD-25 in 2002. The
Planning & Zoning Commission and the Town Council approved a Replat for Tract 5 in August 2006.
Currently, the land is vacant and undeveloped, as are all tracts within this zoning district.
ADJACENT ZONING/EXISTING LAND USES:
North: PD-26, Vacant
South: Outside Town Limits/ SH114 Access Road
East: Outside Town Limits/ TW King Road
West: CG – Vacant
STAFF ANAYLSIS: PD-25 was adopted in December 2002, and consists of tracts 1-9 for the Trophy
Wood Business Center, by Ordinance No. 2002-41 P&Z. Section B(12) of PD-25 requires the final
approval of the seven items listed above.
The applicant was provided staff review comments 6 September 2006. The following is an analysis of the
individual components which require approval prior to the issuance of a building permit.
FINAL SITE PLAN: The applicant has submitted a Final Detailed Site Plan which illustrates the layout of
all proposed structures on the lot, provisions for parking, vehicular circulations within the site, and existing
utilities within or adjacent to the site. The proposed hotel will consist of 121 rooms and will be 42,984
square feet. Required parking for a hotel use per PD-25 is 1 space per room. The following chart depicts
Site Plan requirements and how the applicant has addressed each provision.
Zoning Requirement Applicant’s Proposal
Location of all existing and planned structures
on the subject property and approximate
locations of structures on adjoining property
within 100 feet
Shown
Design of ingress and egress Shown
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Off-street parking and loading facilities, and
calculations showing how the quantities were
obtained
Shown
Proposed Use 4 story hotel use
Maximum building coverage: 60% 35% (Within Required Limit)
Maximum impervious area: 80% 72% (Within Required Limit)
Minimum open space: 20% 28% (Exceeds Requirement)
Front Yard: 30’ 30’+ (Exceeds Requirement)
Rear Yard: 10’ 10+ (Exceeds Requirement)
Side Yard: 10’ 30’+ (Exceeds Requirement)
Height: 65’ or 4 stories Approx 50’/4 stories (Meets)
Parking: Min 1 space for each room 124 (Exceeds Requirement)
LANDSCAPE PLAN & PLANT LIST: A tree removal permit with the required tree survey indicating the
location, species and caliper size of existing trees for four (4) different areas on the site has been
submitted to the Community Development Department, for the purpose of conducting geotechnical
studies. The remainder of the site will be submitted for tree removal permit following favorable action of
the Final Detailed Site Plan by the Town Council. Prior to the issuance of a building permit, a tree
removal permit in accordance with the Subdivision Regulations must be submitted and approved by the
Community Development Director prior to the removal of any additional trees on the site.
A minimum of twenty percent (20%) of the site is required to be landscaped with a minimum of ten
percent (10%) of the interior area to be provided as landscaping. The applicant has provided 30.7% of
the site in landscaping and 10.2% of the interior landscape area with landscape.
Zoning Requirement Applicant’s Proposal
Hedges/berming along street frontages Shown
Irrigation Shown
15’ min landscape strip along SH 114; 10’
along Trophy Wood Dr all common drives
Shown
Interior Landscape Required10% 10.2% (Exceeds)
Total Trees Required 105 107 (Exceeds)
A tree survey meeting the requirements of
the Subdivision Regulation. Shall show
location of all trees to be preserved,
relocated, replanted and/or removed.
Partial survey submitted; applicant Is aware the
remainder of the site must be provided prior to
building permit issuance.
Location of all plants and landscaping
material to be added, including but not
limited to plants, paving, benches,
screens, fountains, statues or other
landscape features shall be shown on
the landscape plan.
Shown
Species of all plant material to be used
shall be identified on the landscape plan;
provided however that as required by the
Sub Regs, trees shall be species as
required by the Sub Regs
Shown (Meets)
Size of all plant material to be used shall
be identified on the landscape plan. Tree
sizes shall meet the requirements of the
Sub Regs
Shown (Meets)
BUILDING ELEVATIONS: Front, rear and side building elevations have been provided and appear to be
in compliance with PD-25. The Ordinance requires that 100% of the total exterior walls, excluding doors,
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windows and porches be constructed of natural or manufactured stone, concrete, brick, stucco, split face
concrete block or other material of equal characteristics; however all buildings are required to have stone
veneer as part of the exterior construction materials. In addition, all buildings must have a dull finish
metal type roof and the Planning & Zoning Commission and the Town Council shall approve the color
selection for roof materials.
The proposed building will be constructed of a combination of stone and stucco and appears to meet the
requirements for building materials. The elevations indicate provision of a standing seam metal roof. The
proposed roof color is Hemlock Green (Dark Shade). The applicant has been asked to provide a color
sample for the Commission at the public hearing.
SIGHT LINE STUDIES: The applicant has provided sight line studies that indicate the view from Trophy
Branch Drive and SH114. The sight line studies appear to be in compliance with PD-25.
CIVIL SITE PLAN: The final site plan submitted contains sufficient information to be considered as the
civil site plan. Previous analysis of the detailed site plan addressed all site plan related issues.
PHOTOMETRIC PLAN & LIGHT FIXTURE ILLUSTRATIONS: A photometric plan illustrating building
lighting, parking area lighting and foot-candle illumination for the entire site has been provided. The
applicant is proposing to construct seven (7) 454 watt light fixtures for parking lot illumination and ten (10)
193 watt light fixtures to be attached to the proposed building.
Zoning Requirement Applicant’s Response
2.5 average foot-candle 1.7 (Exceeds)
8.0 maximum foot-candle 8.0 (Meets)
SIGN CRITERIA: The building elevations indicate the locations of proposed signs and are referenced as
“Federal Heath Sign Detail Drawings”. An overall Federal Heath Sign Company plan has been provided
in accordance with Section (B)(6) of PD-25. The applicant is proposing one (1) monument sign to be
located at the eastern corner of the property adjacent to SH114 and Trophy Branch Drive and three (3)
attached wall signs on the building. All signs will be the typical Value Place signage containing
predominately red, yellow and black coloring. The signage criteria submitted appears to be in compliance
with PD-25.
RETAINING WALL AND FENCE CRITERIA: PD-25 requires a minimum eight foot (8’) fencing/screening
to be constructed adjacent to any residentially zoned property. No portion of this property is adjacent to
residentially zoned property; however, the site plan indicates a proposed screening wall located along the
southeast property line. A detailed retaining wall section and elevation has been provided. The proposed
wall will be constructed of a stone veneer which will match the stone veneer on the building.
DEVELOPMENT SCHEDULE: A development schedule indicating the proposed date for start and end of
construction is required. Construction is scheduled to begin the last week of November 2006 with
completion scheduled for June 2007.
PLANNING & ZONING COMMISSION: The Commission unanimously moved to recommend approval of
the Final Detailed Site Plan, with Town Staff to re-examine to landscaping along the eastern property line.
Motion: Stephens
Second: Sheridan
Ayes: Hill, Reed, Stephens, Sheridan
Nays: None
Abstain: None
Action: 4-0
Motion carried.
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At the Planning & Zoning public hearing, the close proximity of the Live Oak trees in relation to the
retaining wall along the southeast property line was raised. Adam and I have spoken with the applicant
and they are currently looking at an alternative tree type. At the time of this report, the tree type is
unknown, however they will be ready to present to Council Monday night with their alternative. The
applicant’s Landscape Architect will be calling Adam prior to Council to discuss this matter.
ATTACHMENTS:
ATTACHMENT A – ZONING MAP
ATTACHMENT B – AERIAL
ATTACHMENT C- PD-25 ZONING ORDINANCE
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ZONING MAP
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AERIAL MAP
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DEVELOPMENT STANDARDS
TROPHY WOOD CENTER
TROPHY CLUB, TEXAS
The development of the Land described in Exhibit “A” – Legal Description (a copy of which is
attached hereto and incorporated herein) consisting of approximately 16.5 acres of land shall be
in accordance with Exhibit “B” – Concept Plan of the development (a copy of which is attached
hereto and incorporated herein), all other Exhibits attached to or incorporated herein, the
Comprehensive Zoning Ordinance, all other applicable ordinances and regulations of the Town of
Trophy Club, and the following Development Standards, conditions and requirements:
A. Purpose: This Planned Development is designed to accommodate a variety of retail and
commercial uses. For development purposes, the Land is divided into nine tracts (Tracts 1-9 as
shown on Exhibit “B”), and the use and development of each of the tracts shall be in accordance
with the following:
1. Tracts 1-9 (as depicted in Exhibit “B”): The following standards shall apply to Tracts 1-9:
a. Size of Tracts:
Tract 1 shall contain approximately 1.1 acres of land
Tract 2 shall contain approximately 0.9 acres of land
Tract 3 shall contain approximately 1.55 acres of land
Tract 4 shall contain approximately 1.5 acres of land
Tract 5 shall contain approximately 2.0 acres of land
Tract 6 shall contain approximately 1.0 acres of land
Tract 7 shall contain approximately 1.8 acres of land
Tract 8 shall contain approximately 2.2 acres of land
Tract 9 shall contain approximately 2.8 acres of land
Trophy Wood Drive shall contain approximately 1.6 acres of land
b. Uses Generally: In the development and use of Tract 1-9, no land shall be used
and no building or structure shall be installed, erected, or converted to any use
other than the following:
c. Permitted Uses:
(1) Tract 1-5 and 7-9 shall allow all uses indicated in the Use List
(2) Tract 6 shall allow all uses indicated with an asterisk (*).
Use List
*Accounting Office
*Administrative, Executive, Editorial Office
*Architectural, Engineering, Planning Office
Art Studio
Art Supply Store
Arts, Crafts, Hobby Shops
*Attorney's Office
Audio, Video, Stereo Sales (no arcade games or
adult rentals)
Bakery Shop
Bank Building and Drive-Thru
*Barber, Beauty, Styling Shops
Bath Shop
Bicycle Shop
Book Stores
Cameras / Film Processing Store
Car Accessories Sales
Cards and Gift Sales
Children's Wear Shop
China and Glassware Sales
Computer / Software Sales and Service
Confectionary Shop
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Cosmetic / Beauty Supply Shop
Curtain and Drapes Shop
Dairy Food Shop
Dance Studio
Drug Store, Apothecary, Pharmacy
Dry Cleaner, Pick up and Drop Off
Dry Cleaning Plant
Duplication and Mailing Service
Electrical Goods and Fixtures
Fabric and Knitting Shop
Floor Coverings Shops
Florist
Food Service
Formal Wear/Rental Store
Furniture Sales
Grocery Store
Hardware Store
*Health, Athletic Shops
Household Appliance Store
Household Furnishings, Fixtures
Ice Cream Shop
*Insurance Office
Jewelry, Watch Store
Juice Store
Kitchen Store
Lamp Sales
Laundry and Dry Cleaning (on-site dry
cleaning facility limited to Exxon DF-2000 or
equivalent.) This facility shall not provide
equipment or services for another laundry or
dry cleaning location
Luggage and Leather Sales
Mailing and Packaging/Post Office
*Massage Shop
*Medical, Dental, Chiropractic, Optometry, etc.
Men's Wear Shop
Music Store
Nail Salon
Newspaper/Magazine Sales
Office Supplies Store
Party Supplies Store
Pawn Shop
*Personal / Family Counselor
Pharmacy
Photographic Service Studio
*Physician and/ or Dentist
Picture Framing Store
Printing, Publishing, Engraving
*Public Secretary
*Real Estate Office
Restaurant
Restaurant, Drive-In
Restaurant, with Alcoholic Beverage Sales
Shoe Repair Shop
Shoe Store
Sporting Goods Store
Sports Bar
Stationery-School Supplies Sales
Tailor Shop
Telephone Store
Tobacco Sales
Toys Store
*Travel Bureau or Agency
Wallpaper, Paint Store
Wearing Apparel Shop
*Weight Reduction Studio
Women's Ready-To-Wear/Women's Specialty
Shop
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(3) Tracts 5, 7 and 9 shall allow hotel uses, either full-service or limited stay
facilities. Limited stay facilities shall not require facilities for meetings,
conferences or full service dining.
d. Limitation of Uses: Any use not expressly permitted herein or allowed by permit
in the designated zoning district is prohibited.
e. Area Building and Site Regulations:
(1) Maximum Building Coverage: The combined area of all main and
accessory buildings shall not exceed sixty percent (60%) of the total site
area.
(2) Maximum Impervious Area: The combined area occupied by all
buildings, structures, off-street parking and paved areas shall not exceed
eighty percent (80%) of the total site area.
(3) Minimum Open Spaces: All areas (but in any event at least twenty
percent [20%] of the total site area) not devoted to buildings, walkways,
structures or off-street parking area shall be devoted to grass, trees,
gardens, shrubs, or other suitable landscape material.
(4) Depth of Front Yard*: There shall be a front yard having a depth of not
less than thirty feet (30’).
(5) Depth of Rear Yard*: There shall be a rear yard having a depth of not
less than ten feet (10’). Tract 6 shall have a thirty-foot (30’) rear yard
adjacent to residentially zoned land.
(6) Width of Side Yard on each Side: A minimum of a ten foot (10’)
side yard shall be required.
(7) Height: With the exception of hotels, no building or structure shall
exceed forty feet (40’) in height or two (2) stories maximum. Any
structure adjoining or contiguous to a residentially zoned district shall not
exceed twenty-eight feet (28’) or one (1) story in height. Hotels shall not
exceed sixty-five feet (65’) or four (4) stories in height. Building and/or
structure heights shall be measured from the adjacent finished sidewalk
elevation.
*All yards shall comply with Section 37, “Required Yards,” of the
Comprehensive Zoning Ordinance.
f. Parking & Loading Regulations: The minimum number of off-street parking
spaces shall comply with Section 48 of the Comprehensive Zoning Ordinance.
Off-street loading shall be in accordance with Section 49, “Off-Street Loading
Requirements,” of the same. Hotel uses shall provide a minimum of one (1)
parking space for each room. Other uses within the hotel shall provide parking in
compliance with Section 48. Handicapped parking, including van accessible
spaces, shall be provided according to Town standards.
B. Additional Development Standards:
1. Landscaping: Landscaping shall be provided as required by applicable ordinances,
including but not limited to the Comprehensive Zoning Ordinance as amended, Section
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47, Landscaping Regulations, and Article 8 of the Subdivision Regulations, except as
specifically provided below:
a. Hedges and/or berming shall be utilized along street frontages, when possible, to
screen parking from public view.
b. All landscaping areas shall be irrigated.
c. Landscaping shall be maintained by the developer/owner of the land. Any dead
landscaping material shall be removed and replaced within forty-five (45) days.
d. All plant materials must be selected from the mandatory plant list which shall be
in accordance with the Approved Tree Planting List, as outlined in Article 8 of the
Subdivision Regulations. The Landscape Plan & Plant List shall be submitted for
Town approval in the form of an ordinance amendment at a later date.
e. A minimum landscape strip of fifteen feet (15’) shall be provided along State
Highway 114 and fifteen feet (15’) along Trophy Wood Drive and ten feet (10’)
along all common driveways.
f. The initial stage of development, site landscaping shall be installed in the right-of-
way of Trophy Wood Drive.
(1) Landscaping shall consist of live tree planting consisting of three inch
(3”) caliper trees planted a maximum of fifteen feet (15’) on center.
Trees shall include a variety providing rapid growth and dense foliage, as
well as evergreen type trees such as Live Oaks, which bear leaves all
year round.
(2) Maintenance of the median landscaping at this location shall be the
responsibility of the developer/owner for a period of twelve (12) months
from the completion of the planting. The Town of Trophy Club shall
assume and care after twelve (12) months. The irrigation for the off-site
landscaping shall, after the initial installation, be the responsibility of the
Town of Trophy Club.
g. The caliper of a tree is defined as the diameter of the tree trunk as measured at
the point twelve inches (12”) above the finished grade in accordance with
standard nursery practice.
h. Tree preservation shall be in accordance with applicable ordinances, including
but not limited to Section 47 of the Comprehensive Zoning Ordinance and Article
8 of the Subdivision Regulations.
(1) Landscaping adjacent to residentially zoned land shall contain evergreen
shade trees to provide adequate screening year-round.
Detailed Landscape Plans, sealed by a registered landscape architect
shall be provided on each tract at the time of the Final Site Plan
submittal, which shall require Town Council approval upon
recommendation by the Planning & Zoning Commission, following
appropriate publication and notification of affected parties.
2. Hours of Operation of Uses: Hours of operation for the retail and restaurant uses set
forth herein shall be from 6:00 am to 2:00 am. Hotel uses shall operate twenty-four
(24) hours per day. Normal business hours for office uses shall be 7:00 am to 10:00 pm.
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No outside sales of any kind shall be conducted, including but not limited to, truck lot,
pedestrian walkway, tent or other sales.
3. Building Materials: All main and accessory buildings shall be of exterior fire resistant
construction having one hundred percent (100%) of the total exterior walls, excluding
doors, windows and porches, constructed of natural or manufactured stone, concrete,
brick, stucco, split face concrete block or other material of equal characteristics in
accordance with the Town’s Building Codes and Fire Codes. All buildings and structures
shall be veneered with stone and shall have a dull finish metal type roof and EIFS trim.
Alternate materials may be used if approved by the Planning & Zoning Commission.
Color selection for roof material shall be approved by the Town Council upon
recommendation from the Planning and Zoning Commission prior to issuance of building
permits.
4. Lighting: All parking lot lighting shall be located approximately as shown on the Final Site
Plan. Lighting fixtures shall be a maximum total height of twenty-five feet (25’) on twenty-
four inch (24”) concrete bases. Ornamental street lights at the perimeter drive
approaches shall have lighting fixtures mounted on twelve foot (12’) poles or two foot (2’)
concrete bases and shall not exceed a maximum height of fourteen feet (14’). Total
height of lighting fixtures shall be measured from the adjacent ground. All lighting shall
be oriented down and away from all adjacent properties. Building lighting shall be
mounted to the building face or in ground fixtures and shall be oriented as to wash the
building with light. Wall mounted down directional lights will be on the rear of buildings
and perimeter light will be shielded to minimize overspill. Perimeter lighting shall be
designed to reflect away from adjacent residential areas. Foot-candle limitations at
residential property lines and right-of-way lines should not exceed 0.1 foot candle. Foot-
candles on site shall average 2.5 foot-candle and not exceed 8.0 foot-candle. A
photometric plan shall be included with the Final Site Plan.
5. Screening & Fencing: Fencing adjacent to residentially zoned land shall provide brick
veneer columns on eight-foot (8’) high wood panels of sealed cedar or redwood.
6. Signage: Prior to the issuance of a building permit for the Land or any part thereof, an
overall sign plan, accompanying the Final Site Plan for the Land must be approved by the
Town Council upon recommendation from the Planning & Zoning Commission.
Additionally, written signage standards shall be approved by the Town Council upon
recommendation of the Planning & Zoning Commission at a later date, in the form of an
amendment to this Ordinance.
7. Fire Lanes: Fire lanes will be shown on the Final Site Plan. Location and details shall be
provided at the time of the Final Site Plan submittal and shall be approved by the fire
department.
8. Final Site Plan: The Final Site Plan shall be submitted to the Planning & Zoning
Commission and Town Council for approval. Such approval shall be in the form of an
ordinance duly adopted by the Town Council, upon recommendation from the Planning &
Zoning Commission.
Upon approval, the Final Site Plan shall become an amendment to this Ordinance. In the
event of any conflicts between this ordinance and such approved Final Site Plan, the
Ordinance adopting the Approved Final Site Plan shall control.
9. Outdoor Storage: No outdoor storage, except for refuse disposal, shall be permitted on
the land. Dumpster location shall be subject to the prior approval of the Planning &
Zoning Commission. Dumpsters are to be enclosed on all sides with masonry walls and
24
gates of a similar architectural style of the buildings. Minimum height of the enclosures
shall be determined by the height of the dumpster. When possible, landscaping shall
provide additional screening for the enclosure. Operating hours for trash service shall be
in accordance with the Town of Trophy Club standards.
10. Mechanical & Electrical Equipment: Mechanical and electrical equipment, including air
conditioning units, shall be designed, installed, and operated to minimize noise impact on
surrounding property. All such screening shall be screened from public view. Equipment
screening shall not be considered as a part of building height.
11. Amendments to the Site Plan: Amendments to the Site Plan for items that are not
determined to be substantial by the Planning & Zoning Administrator shall be permitted.
The Planning & Zoning Administrator shall determine items as not substantial.
12. Notwithstanding any contrary provision in the Ordinance or any exhibits hereto, the final
approvals listed below must be obtained from the Town prior to the issuance of any
building permits. Such approvals must be made by an Ordinance amending this
Ordinance creating PD Planned Development No. 25:
a. Final Site Plan approval, including but not limited to Landscape Plan and Plat List
b. Building Elevations
c. Sight Line Studies
d. Civil Site Plan
e. Photometric Plan & Light Fixtures Illustrations
f. Sign Criteria
g. Retaining Wall and Fence Criteria; and
h. Development Schedule
25
26
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO 2006-__ P&Z
AND ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ORDINANCE NO. 2002-41 P&Z, KNOWN AS PD PLANNED DEVELOPMENT
DISTRICT NO. 25, TROPHY WOOD BUSINESS CENTER, EXHIBIT “C”,
“DEVELOPMENT STANDARDS”, BY ADDING EXHIBIT “D” ENTITLED “SITE
PLANS”, TO ADOPT A DETAILED FINAL SITE PLAN FOR TRACT 5; PROVIDING
FOR INCORPORATION OF PREMISES; PROVIDING A FINAL DETAILED SITE PLAN;
PROVIDING A LANDSCAPE PLAN AND PLANT LIST; PROVIDING BUILDING
ELEVATIONS; PROVIDING SITE LINE STUDIES; PROVIDING A PHOTOMETRIC
PLAN AND LIGHT FIXTURE ILLUSTRATIONS; PROVIDING SIGN CRITERIA;
PROVIDING RETAINING WALL AND FENCE CRITERIA; PROVIDING A
DEVELOPMENT SCHEDULE; PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”), is authorized and
empowered by law, in accordance with Chapter 212 of the Texas Local Government Code, to regulate
the subdivision of land and property development within the Town;
WHEREAS, on 2 December, 2002, the Town adopted Ordinance No. 2002-41 P&Z, amending
Ordinance No. 2000-06 P&Z of the Town, the same being the Comprehensive Zoning Ordinance, and
amending the official zoning map of the Town by changing the zoning on a certain tract of land described
as a 16.0 acre tract of land located generally to the North of State Highway 114, West of T.W. King Road,
and South of Hanna and Jamie Court, from it’s then current zoning of “CG”, Commercial General, to PD
Planned Development No. 25, Trophy Wood Business Center; and
WHEREAS, the developer of Tract 5 has requested an amendment to PD-25 for the purpose of
seeking approval of a Final Detailed Site Plan, Landscape Plan and Plant List, Building Elevations, Sight
Line Studies, Photometric Plan and Light Fixture Illustrations, Sign Criteria, Retaining Wall & Fence
Criteria, and a Development Schedule, for Tract 5.
WHEREAS, all legal notices, requirements and conditions having been complied with, the case to
rezone the Land came before the Planning and Zoning Commission; and
WHEREAS, after public notices were given in compliance with State law and public hearings
were conducted, and after considering the information submitted at those public hearings and all other
relevant information and materials, the Planning and Zoning Commission of the Town has recommended
to the Town Council the adoption of the amendments to Ordinance No. 2002-41 P&Z as set forth in this
Ordinance; and
WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing
was held before Town Council at which the Town Council considered, among other things, the character
of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of
land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives;
and
WHEREAS, the Town Council has determined that there is a necessity and need for the change
in zoning and that the proposed change is consistent with the Comprehensive Land Use Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB:
27
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
Ordinance No. 2002-41 P&Z of the Town of Trophy Club, Texas, the same being PD Planned
Development No. 25, Trophy Wood Business Center, is hereby amended in the following particulars, and
all other articles, chapter, sections, paragraphs, sentence, phrases and words are not amended by are
hereby ratified and affirmed.
A. Final Detailed Site Plan: A Final Detailed Site Plan for the Land, and all parts therefore, is
attached hereto as Exhibit “5.1”, Final Detailed Site Plan, and incorporated herein as if
copied in its entirety. The Final Detailed Site Plan shall be adhered to in carrying out the
development of the land and compliance with each and every part of such Final Detailed
Site Plan shall constitute as a condition precedent to the issuance of any building permit
for the land in the PD Planned Development District.
B. Landscape Plan & Plant List: The landscape plan and plant list for Tract 5 of this PD
Planned Development are attached hereto as Exhibit “5.2”, “Landscape Plan and Plant
List”, and are incorporated herein as if copied in their entirety.
C. Building Elevations. The building elevations for Tract 5 of this PD Planned Development
are attached hereto as Exhibit “5.3”, “Building Elevations”, and are incorporated herein as
if copied in their entirety.
D. Site Line Studies. The site line studies for Tract 5 of this PD Planned Development are
attached hereto as Exhibit “5.4”, “Site Line Studies”, and are incorporated herein as if
copied in their entirety.
E. Photometric Plan and Light Fixtures. A photometric plan and light fixture requirements
for Tract 5 of this PD Planned Development are set forth in Exhibit “5.5”, “Photometric
Plan and Light Fixtures”, which is attached hereto and incorporated herein as if copied in
its entirety.
F. Sign Criteria. Signage requirements for Tract 5 of this PD Planned Development are set
forth in Exhibit “5.6”, “Sign Criteria”, which is attached and incorporated herein as if
copied in its entirety.
G. Retaining Wall and Fence Criteria. The retaining wall and fence requirements for Tract 5
of this PD Planned Development are set forth in Exhibit “5.7”, “Retaining Wall and Fence
Criteria”, which is attached hereto and incorporated herein as if copied in its entirety.
H. Development Schedule. The development schedule for Tract 5 of this PD Planned
Development is set forth in Exhibit “5.8”, “Development Schedule”, which is attached
hereto and incorporated herein as if copied in its entirety.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the PD-25
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
28
or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect.
Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective
date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s)
shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of the
Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the
Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this
Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of
the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any person
violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less
than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall
be deemed committed upon each day during or on which a violation occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with law, and it
is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 2nd day of
October, 2002.
_____________________________
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
29
Exhibit “5.1”
Final Detailed Site Plan
30
Exhibit “5.2”
Landscape Plan & Plant List
31
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34
Exhibit “5.3”
Building Elevations
35
36
Exhibit “5.4”
Sight Line Studies
37
Exhibit “5.5”
Photometric Plan & Light Fixtures
38
39
Exhibit “5.6”
Sign Criteria
40
41
42
43
Exhibit “5.7”
Retaining Wall & Fence Criteria
44
Exhibit “5.7”
Development Schedule
45
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.D.1
Discuss and take appropriate action regarding an amendment to Town Ordinance No.
2002-41 P&Z, the same being PD-25, Trophy Wood Business Center for Final Detailed Site
Plan approval for Tract 5, including a Landscape Plan and Plant List, Building Elevations,
Sight Line Studies, Civil Site Plan, Photometric Plan & Light Fixtures Illustrations, Sign
Criteria, and Development Schedule. Applicant: David Johnston, Quanah Hospitality
Partners, LP, (SP-06-006).
(kcf)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.D.2
Discuss and take appropriate action relative to:
Final Plat for Tract 1, Block 1 of The Trophy Club Country Club, an approximate 289.9 acre
tract of land located in the M. Medlin Survey, A-832, J. Eads Survey, A-392, J. Henry
Survey, A-528, C. Medlin Survey, A-823, J. Michael Survey, A-821, W. Medlin Survey, A-829,
J. Michael Survey, A-820, N. Pea Survey, A-1045. Applicant: Bob Terry, Survcon Inc.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(kcf)
Attachments: 1. Information Memorandum
2. Final Plat Application and Supporting Documents
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PLANNING & ZONING COMMISSION REPORT
TO: PLANNING & ZONING COMMISSION
MEETING DATE: 2 OCTOBER 2006
SUBJECT: FINAL PLAT – TROPHY CLUB COUNTRY CLUB
PURPOSE: To consider approval of a Preliminary Plat for approximately 289.9 acres.
APPLICANT: Bob Terry
Survcon, Inc.
5757 Woodway, Ste 101W
Houston, Tx 77057
EXISTING CONDITION OF THE PROPERTY: The land is currently zoned CR- Commercial Recreation.
The Preliminary Plat was approved in February 2006.
STAFF FINDINGS: The applicant is requesting a waiver to the requirements of the Subdivision
Regulations. In May 2006, the applicant received a review letter from the Town stating that all easements
be located for public utilities and drainage. The applicant has tried to accomplish this task, however has
been unable to determine the location of certain utilities.
The applicant is therefore seeking permission to create a “blanket easement”. This basically means
wherever there is a utility line, there is an automatic easement. The language they have proposed for the
blanket easement is as follows:
Per this Plat, an easement twenty five feet (25’) in width is hereby created over and across and
centered on any public utility lines that may exist on the property except where said utility lines
are already covered by recorded easements. Any future public utilities constructed across the
property will require the dedication of the new easements to cover said utilities and such new
easements will need to meet the requirements of and be approved by the Town of Trophy Club.
Per Chapter 12, Article VI, Section 6.04 of the Code of Ordinances:
Section 6.04 Waivers to Subdivision Regulations
A. The Town Council of the Town of Trophy Club shall have the ultimate power to grant or reject
waivers to the Subdivision Regulations upon receipt of a recommendation from the Planning and
Zoning Commission. The Town Council may authorize a waiver from these Regulations when, in its
opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the Town
Council shall prescribe only conditions that it deems necessary to or desirable in the public interest,
which will substantially secure the objectives of these Regulations. In making the findings
hereinbelow required, the Town Council shall take into account the nature of the proposed use of the
land involved, existing uses of land in the vicinity, the number of persons who will reside or work in
the proposed subdivision, and the probable effect of such waiver upon traffic conditions and upon the
public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless
the Town Council shall make findings based upon evidence in each specific case that:
1. There are special circumstances or conditions affecting the land involved such that the strict
application of the provisions of these Regulations would deprive the applicant of the
reasonable use of the land; and
2. The conditions upon which the request for variance is based are unique to the property for
which the variance is sought and are not applicable generally to other property; and
3. The waiver is necessary for the preservation and enjoyment of a substantial property right of
48
the applicant; and
4. The granting of the waiver will not be detrimental to the public health, safety or welfare, or
injurious to other property in the area; and
5. The granting of the waiver will not have the effect of preventing the orderly subdivision of other
land in the area in accordance with the adopted Comprehensive Land Use Plan and the
provisions of these Regulations.
B. Such findings of the Planning and Zoning Commission and the Town Council, together with the
specific facts upon which such findings are based, shall be incorporated into the official minutes of
the Town Council meeting at which such waiver is granted or denied. Waivers may be granted only
when in harmony with the general purpose and intent of the adopted Comprehensive Land Use Plan
and these Regulations so that the public health, safety and welfare may be secured and substantial
justice done. Pecuniary hardship standing alone shall not be deemed to constitute undue hardship.
The Town Council determination shall be final.
C. An application for waiver shall be submitted in writing by the applicant at the time when the
preliminary plat or final plat is filed for consideration by the Planning and Zoning Commission. The
application shall state fully the grounds for the application and all of the facts relied upon by the
applicant.
D. The Planning and Zoning Commission shall recommend the grant or denial of a waiver based upon
the considerations outlined in Section 6.04(A).
E. The Planning and Zoning Commission, in their recommendation of a waiver to the Town Council,
shall submit to them a letter containing all the specific facts and pertinent data upon which such a
waiver has been based applying the criteria listed in Section 6.04(A).
STAFF FINDINGS: Given the complexity and unique nature of the utilities situation on the golf course,
that the land has gone unplatted for 25+ years, staff recommends approval of the request.
PLANNING & ZONING COMMISSION: The P&Z Commission moved to approve the Final Plat for the
Trophy Club Country Club.
Motion: Sheridan
Second: Reed
Ayes: Hill, Stephens, Sheridan, Reed
Nays: None
Abstain: None
Action: 4-0
Motion carried.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.D.3
Discuss and take appropriate action regarding an Interlocal Cooperation
Agreement/Payment Contribution Agreement between Town of Trophy Club and Trophy
Club Master District for a Joint Storage and Maintenance Building adjacent to the
Wastewater Treatment Plant.
EXPLANATION:
This is the building located at the wastewater treatment plant. The Town Council accepted the bid on this
project on January 23rd, 2006. The oversight of the construction was performed by the Water and
Wastewater Superintendent for the MUDs. The Town had originally intended to pursue outside financing
to pay its portion of the construction costs on this project. The Master District suggested they be allowed
to fund the entire cost of this project and the Town would then execute a note with them for repayment of
the Town’s portion. Subsequently, the concept was changed to the Town renting space from the Master
District for $7,000 a year for 20 years. The attached agreement reflects this concept.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Interlocal Cooperation Agreement/Payment Contribution Agreement
2. Exhibit “A” – Amortization Schedule
3. Cost Breakdown for Building
64
INTERLOCAL COOPERATION AGREEMENT
PAYMENT CONTRIBUTION AGREEMENT
JOINT STORAGE AND MAINTENANCE BUILDING
THIS AGREEMENT is made and entered into this __________ day of ___________, 2006, by
and between the Town of Trophy Club, a home rule municipal corporation (hereinafter referred to as
“Town”) and Trophy Club Master District, a joint venture of Trophy Club Municipal Utility Districts No. 1
and No. 2 (hereinafter, the “Master District”).
W I T N E S S E T H :
WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter 791, et seq.,
as amended (the “Act”) provides authority for governmental entities of the State of Texas to enter into
Interlocal agreements with each other regarding governmental functions and services as set forth in the
Act;
WHEREAS, both the Town and the Master District are governmental entities entrusted with the
expenditure of public funds and both are interested in efficiently and effectively managing public assets;
and
WHEREAS, pursuant to the terms of a contract with Satterwhite Construction, LLC and an
amendment thereto, the Master District has erected a storage and maintenance building adjacent to the
existing Wastewater Treatment Plant at a total cost of $179,190 (hereinafter “Building”); and
WHEREAS, the Building is being constructed on property located adjacent to the wastewater
treatment plant and belonging to the Master District, a District created pursuant to Section 59, Article XVI,
Texas Constitution and the Texas Water Code, Chapter 54 (hereinafter “Property”); and
WHEREAS, it is the intent of both the Town and Master District to house their respective
equipment utilized in the performance of governmental functions in the Building; and
WHEREAS, in order to finance the construction of the Building, the Master District proposes to
pay in advance the entire cost of the Building; and
WHEREAS, the Town has agreed to pay monthly rent and the Master District and the Town have
agreed to share equally in the operation and maintenance costs of the Building; and
WHEREAS, the parties recognize the efficiencies and cost savings realized by each of them
respectively through this collaborative effort.
NOW THEREFORE, Town and Master District 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 the occurrence of both of the following
events: (1) approval by each of the respective governing bodies of Town and Master District and upon
execution by their respective authorized representatives, provided that the identical version of this
Agreement between the Town and Master District is approved by each of the respective governing bodies
of those entities and executed by their respective authorized representatives and (2) upon completion of
the Building and payment by the Master District of the entire cost of construction as specified herein. This
65
Agreement shall remain in effect for a term of twenty (20) years, unless terminated by either party as
provided herein.
II.
Obligations and Rights of the Parties
2.01 Master District Obligations and Rights:
A. In order to finance the Building, the Master District shall pay in advance the entire cost of the
Building at an amount not to exceed $179,190.
B. Master District shall own one hundred percent (100%) of the Property.
C. The Master District shall be entitled to a fifty percent (50%) interest in the use of the Building.
Any further apportionment of the use of the Building shall be as agreed upon by the Town
Manager and MUD Manager.
D. The Master District shall pay fifty percent (50%) of the annual cost of maintenance, repair and
operation of the Building for the entire term of this Agreement and all renewals thereof.
2.02 Town Obligations and Rights:
A. The Town shall pay to the Master District the sum of $583.33 per month for twenty (20) years
commencing on August 1, 2006, with the final rental payment being made on July 1, 2026, at which
time rental payments will cease and the Town will be entitled to continue occupying the building rent
free.
B. The Town shall be entitled to a fifty percent (50%) interest in the use of the Building. Any further
apportionment of the use of the Building shall be as agreed upon by the Town Manager and MUD
Manager.
C. The Town shall pay fifty percent (50%) of the annual cost of maintenance, repair and operation of
the Building for the entire term of this Agreement and all renewals thereof.
D. In the event that at any time during the rental payment period referred to above, the Town should
wish, in lieu of all future rental payments due hereunder, to pay a lump sum, that amount shall be
determined by reference to the Schedule annexed hereto as Exhibit “A”.
III.
Consideration
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 as specified herein. Town’s
agreement to pay Master District as specified in Paragraph 2.02 above is provided in exchange for
Master District’s agreement to comply with the terms specified in Paragraph 2.01 above. All payments
made hereunder shall be made from current revenues legally available to the paying party. Each party
further agrees that it is fairly compensated for the services or functions performed by it under the terms of
this Agreement.
IV.
Assets
4.01 Ownership. The Property is currently owned by Master District and shall remain under the
exclusive ownership of Master District and no term or provision of this Agreement shall affect Master
District’s right, title or interest to such Property. This Agreement shall not be construed as creating any
right, title or interest to any asset owned individually by either party hereto where such asset was
66
purchased with funds solely provided by such party. This Agreement shall not be deemed to convey to
either party any interest in any equipment or other contents of the Building owned by the other party
hereto. In the event of joint purchases of assets, each party shall own a percentage of such assets based
upon the ratio of the amount of money contributed toward the purchase relative to the total cost of the
item.
V.
Insurance
Master District shall at its expense obtain and maintain insurance sufficient to cover the loss of the
Building and its contents due to fire, wind, storms and all other casualty losses. Town Master District
VI.
Immunity
The fact that Town and Master District accept certain responsibilities relating to the Building, which is the
subject of this Agreement as part of their responsibility for providing governmental services for the public
health and welfare makes it imperative that the performance of their respective obligations 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 Town nor Master District waives any immunity or
defense that would otherwise be available to it against claims arising from the exercise of governmental
powers and functions.
VII.
Default / Termination
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 and the breaching party shall be liable for payment of all
costs as specified in Paragraph II and the costs of collection, including attorneys’ fees.
VIII.
Entire Agreement
This Agreement represents the entire and integrated agreement between Town and Master District 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
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
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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 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.
EXECUTED in duplicate originals this the _____ day of ________________, 2006.
TOWN OF TROPHY CLUB, TEXAS TROPHY CLUB MASTER DISTRICT
By____________________________ By_________________________
Nick Sanders, Mayor Gary Cantrell, Chairman
ATTEST: ATTEST:
______________________________ ___________________________
Town Secretary Master District Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
______________________________ ___________________________
Town Attorney Master District Attorney
68
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the ___ day of ________________, 2006 by
Nick Sanders, Mayor, 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
Gary Cantrell, Chairman of the TROPHY CLUB MASTER DISTRICT, on behalf of such entity.
________________________________
Notary Public in and for the
State of Texas
69
EXHIBIT "A"
Amortization Schedule
Joint Storage & Maintenance Building
Year Interest Principal Remaining Principal
2006 $4,199.32 $2,800.68 $86,801.51
2007 $4,068.05 $2,931.95 $83,869.56
2008 $3,930.63 $3,069.37 $80,800.19
2009 $3,786.77 $3,213.23 $77,586.96
2010 $3,636.16 $3,363.84 $74,223.12
2011 $3,478.50 $3,521.50 $70,701.62
2012 $3,313.45 $3,686.55 $67,015.07
2013 $3,140.56 $3,859.34 $63,155.73
2014 $2,959.77 $4,040.23 $59,115.50
2015 $2,770.41 $4,229.59 $54,885.91
2016 $2,572.17 $4,427.83 $50,458.08
2017 $2,364.63 $4,635.37 $45,822.71
2018 $2,147.37 $4,852.63 $40,970.08
2019 $1,919.93 $5,080.07 $35,890.01
2020 $1,681.83 $5,318.17 $30,571.84
2021 $1,432.56 $5,567.44 $25,004.40
2022 $1,171.62 $5,828.38 $19,176.02
2023 $898.44 $6,101.56 $13,074.46
2024 $612.46 $6,387.54 $6,686.92
2025 $313.08 $6,686.92 $0.00
2026 $50,397.71 $89,602.19
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.D.4
Discuss and take appropriate action regarding future allocation of Parkland dedication
monies.
EXPLANATION: Trophy Club Youth Baseball has requested to use the Park Land Dedication fees for the
funding of shade structures over the bleachers at Independence Park. Town staff has identified the need
for eventually laying an effluent water line to Harmony Park as another possible use for those funds. Staff
is seeking direction for the process Council wishes to use for allocation of these funds.
RECOMMENDATION:
ACTION BY COUNCIL:
(aa)
Attachments: 1. Parkland Dedication Ordinance
2. BuyBoard quote per structure installation
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Shade Structure Quote for Independence
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.D.5
Discuss and take appropriate action to authorize EDC 4A to expend $60,000, plus fund an
annual payment of $60,000 for 10 years with the proceeds of the note funded by this
payment being utilized for park improvements, and authorizing the Town Manager to seek
financing .
EXPLANATION:
EDC-A agreed to front $60,000 plus fund an annual note payment of $60,000 to be used for
improvements in our existing park system. All of these funds would be utilized in Harmony Park.
Attached below is a prioritized list of potential uses provided by the Park Board alternative uses are
shown as well although no pricing has been included. A $60,000 annual payment for 10 years at an
interest rate of 5% will generate a loan amount of approximately $463,000 and with the additional
$60,000 this will total approximately $523,000 in funds available for park rehabilitation and improvement.
If Council authorizes the EDC to expend these funds, staff anticipates bringing a loan agreement to the
Council for the October 16th meeting. Due to the Town’s ability to obtain better financing terms, the note
will be executed by the Town and the EDC will reimburse the Town for the annual payments.
At its September 12, 2006 meeting the Park Board prioritized a list of repairs and upgrades to be made at
Harmony Park, that will address immediate and future needs of that facility. The list is as follows:
1. Restroom renovations $120,000
2. Creation of an additional parking lot $50,000
3. Lighting of that parking lot $25,000
4. Playground shade structure $37,000
5. Shade structures on soccer fields $50,000
6. Field lighting (four fields) $258,000
7. Completion of the fitness stations
8. Eventual improvements to the gravel parking lot
9. Creation of a splash pad
10. Lighting of the gravel parking lot
The majority of the items can be purchased through a cooperative entity, however there will be design
fees for some items as well as costs associated with the removal and relocation of irrigation and
landscape features. Staff will be looking into the possibility of lighting only two fields as opposed to four,
and operational costs for any lighting will be taken into account.
RECOMMENDATION: Staff recommends approval.
ACTION BY COUNCIL:
(aa)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item NodD.6
Discuss and take appropriate action to authorize EDC 4B to expend up to $30,000 in
matching funds for the Marshall Creek Park grant.
EXPLANATION:
EDC-B has agreed to fund up to $30,000 of the necessary matching funds for the Marshall Creek Park
Grant. They are required to hold a public hearing so it will be at least 60 days before any of these funds
can be disbursed.
RECOMMENDATION: Staff recommends approval.
ACTION BY COUNCIL:
Attachments: Grant application
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.D.7
Discuss and take appropriate action for utilization of Child Safety Funds.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Explanation
2. Purpose Proposal
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MEMORANDUM
To: Brandon Emmons – Town Manager Date: September 25, 2006
From: Chief Kniffen RE: SRO vehicle
One of the first issues on which I was briefed by Interim Chief Shehan was the issue of the purchase of a
vehicle for use by the School Resource Officer (SRO). The funding for this vehicle would be available,
upon Council consent, from the Child Safety Fees collected by Denton County and returned to the Town
of Trophy Club.
As you recall, the SRO position was funded by a grant obtained through the Criminal Justice Division of
the Governor’s Office. The grant covers the salary and benefits of the SRO and the “first offender”
program which is a diversionary program permitting youthful first-time offenders to avoid prosecution
through counseling and intervention measures. The current police budget allots $1,000 for the Law
Enforcement Teaching Students (LETS) program supplies.
Additional funding for child safety training programs, equipment, and supplies is increasingly being
supplied through fees added to traffic citation and vehicle registration costs. Denton County has applied
the optional fee for child safety to their vehicle registration fees.
The statute permitting the optional child safety fee allows a wide variety of programs, supplies, training,
and equipment to be purchased with these funds. The department considered many of the alternatives
from supplies such as pens and pencils to multi-thousand dollar robots. After meeting with Officer
Conklin (our SRO), Sgt. Simmons (the SRO supervisor), and Interim Chief Shehan, I concur with the
opinion that the purchase of a vehicle for use by the SRO would be the most productive use of these
funds at this time.
I have been advised that the Northwest ISD has over 10,200 students with over 1,650 of those being
served by schools in Trophy Club. I have also been advised that NISD expects a student population of
over 45,000 by 2020 with around 5,000 attending schools in Trophy Club. Due to the requirements of the
grant, our SRO is serving students in other cities throughout the district. Additionally, the SRO is serving
as the department juvenile investigator. Attached is a document outlining the activities of the SRO
throughout the past 13 months.
Educational programs taught by the SRO include:
L.E.T.S. – Law Enforcement Teaching Students (Replaced the DARE program0
Stranger Danger
Bicycle Safety
Drug Awareness – Red Ribbon Week
Halloween Safety
Internet Safety
Gun Safety – Eddy Eagle Program
Texas Law and You – promotes an understanding of Texas law as it pertains to teens.
These educational programs have put him in contact with over 3,800 children and 325 adults (mostly
parents).
Additionally, the SRO has handled 42 investigations that were assigned to him by Children’s Protective
Service, initiated 43 incident reports, received 101 juvenile cases for investigation, and made 304 juvenile
contacts that did not result in an investigation and did not pertain to the educational aspect of his duties.
Throughout all of these duties, the SRO has used a pool patrol car, most of which have been removed
from the fleet due to excessive mileage and/or maintenance costs. The pool cars are vehicles that are
marked and equipped for police use. In many cases, a marked patrol unit is a hindrance to the duties of
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the SRO. A marked unit can also increase stress for families and individuals involved in already stressful
situations.
The SRO vehicle should be an unmarked vehicle that will not be used in normal police activities. It
should be a small, fuel-efficient vehicle that is utilized, except in a dire emergency, only by the SRO. It
would be used to transport the SRO to his or her assignments each day, carry supplies and equipment,
make home visits as required in CPS investigations, pick up truant students, transport child victims to and
from the Denton County Children’s Advocacy Center, respond to requests from our patrol officers in
juvenile issues, conduct juvenile investigations both in and out of Trophy Club, attend mandated SRO
training classes and meetings, and travel to other campuses in order to comply with the requirements of
the grant.
In my experience, we can expect an average of about 13-15 MPG out of the pool vehicles. A more
appropriate SRO vehicle could average as much as 20-25 MPG, depending on the vehicle. The SRO is
already accomplishing all of the above listed duties in a pool vehicle. Purchasing a more fuel-efficient
vehicle for this use out of funds made available from an outside source would save us fuel, maintenance
costs, and capital outlay funds.
According to the Denton County Auditor, Mr. James Wells, Trophy Club has received $5439.10 this fiscal
year. He estimates that Trophy Club will receive about $8600 in October, 2006. He also estimated that
Trophy Club would receive about 10% more in October of 2007, due to population growth in the county,
or about $9460.
It is likely that an appropriate vehicle could be found on one of the approved contract purchasing sites
that would permit us to fund this vehicle in its entirety in October or November of 2006, saving any
finance costs. This would be a goal. Throughout the remainder of this year we could then fully research
appropriate uses for the funds to be received in October, 2007 and bring Council a full report on the
various programs, equipment, training, or supplies for your consideration.
I respectfully request that Council approve the purchase of a vehicle for use by the SRO.
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Juvenile
Contacts
Adult
Contacts
Educational
Contacts
CPS
Inv.
Incident
Reports Investigations Mileage
Avg.
Investigative
Milage Avg.
September-05 123 49 115 * 7 14 300 200
October-05 31 78 1768 * 6 12 300 200
November-05 10 26 232 * 2 7 300 200
December-05 1 4 534 * 2 8 300 200
January-06 8 48 569 * 3 7 300 200
February-06 10 13 0 * 6 8 300 200
March-06 14 37 67 * 0 3 300 200
April-06 40 10 21 * 3 9 300 200
May-06 10 22 401 * 5 7 300 200
June-06 0 14 0 * 0 5 300 200
July-06 15 1 0 * 2 6 300 200
August-06 19 8 0 * 3 10 300 200
September-06 23 15 129 * 4 5 300 200
304 325 3836 *42 43 101 3900 2600
Total
*
Investigative Mileage: This is an average of miles needed to drive to investigate all juvenile related issues.
Mileage: This is an average month of normal SRO/Juvenile Inv. miles driven. 90% would constitute Trophy Club.
CPS Inv.: Are number of CPS referrals from Austin.
Investigations: Reports assigned to SRO/Juvenile Inv. that need investigating.
Incident Reports: Reports generated by the SRO.
42 is the assigned cases from CPS during this time frame. Cases assigned from different CPS Offices.
Juvenile Contacts: Are persons under 17 years of age who are enrolled in a Northwest School.
Adult Contacts: Are persons over the age of 17. Many are parents of Northwest School children.
Educational Contacts: Formal classes taught to juveniles by the SRO.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.D.8
Discuss and take appropriate action regarding a Resolution to reimburse the Town for
Street Improvement Expenditures made prior to the issuance of obligations in connection
with such expenditures for the purpose of constructing and improving Town Streets.
EXPLANATION:
This will enable staff to begin work on Phase 1 of the road reconstruction project including the
expenditure of engineering funds, and the preparation, publication and acceptance of bids prior to the
March sale of bonds, allowing us to take advantage of the favorable spring and summer weather next
year and complete the project prior to the 2007 holiday season.
ACTION BY COUNCIL:
(bg)
Attachments: 1. Resolution
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2006 -
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, EXPRESSING ITS OFFICIAL INTENT TO
REIMBURSE THE TOWN TREASURY FOR STREET IMPROVEMENT
EXPENDITURES MADE PRIOR TO THE ISSUANCE OF
OBLIGATIONS IN CONNECTION WITH SUCH EXPENDITURES FOR
THE PURPOSE OF CONSTRUCTING AND IMPROVING TOWN OF
TROPHY CLUB STREETS; PROVIDING THAT ALL COSTS
REIMBURSED SHALL BE CAPITAL EXPENDITURES; PROVIDING
TIME FRAMES FOR THE ISSUANCE OF TAX EXEMPT
OBLIGATIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Issuer"), is a municipality
of the State of Texas; and
WHEREAS, the Issuer expects to pay expenditures in connection with, and for the purpose of
constructing and improving the Town's streets (the "Project") prior to the issuance of the Issuer's
obligations; and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for
payment of such street improvement expenditures will be appropriate and consistent with the lawful
objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions
of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it
issues obligations to finance the Project.
THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, THAT:
Section 1. The Issuer reasonably expects to incur debt, as one or more series of
obligations, with an aggregate maximum principal amount not to exceed $3,260,000, for the purpose of
paying the costs of the Project.
Section 2. All costs to be reimbursed pursuant hereto shall be capital expenditures. No tax-
exempt obligations shall be issued by the Issuer in furtherance of this Resolution after a date which is
later than eighteen (18) months after the later of (1) the date the expenditures are paid or (2) the date on
which the property, with respect to which such expenditures were made, is placed in service.
Section 3. That this Resolution shall become effective from and after its date of passage in
accordance with law, and it is so resolved.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 2nd
day of October, 2006.
Mayor
Town of Trophy Club, Texas
ATTEST:
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Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.D.9
Discuss and take appropriate action relative to an Ordinance amending Chapter 12 of the
Code of Ordinances, entitled “Subdivision Rules and Regulations”, Article VIII, “Tree
Preservation and Removal”, amending Sections 8.01 through 8.13 to clarify the
applicability of the Town’s Tree Preservation Ordinance.
EXPLANATION: At the September 18 meeting, Council referred this item requesting that members of the
Tree Board be present to explain the changes.
With pending development, staff performed a thorough review of the tree preservation ordinance and
recommends the following clarification, clean up and changes.
Clarification and General clean up:
Throughout entire ordinance and more specifically, Section 8.01 Definitions and Section 8.05 Protected
Trees, subsection f.
Major changes:
Section 8.03 Tree Preservation,
Section A. - removed last sentence, which was redundant in the intent. It is already included in
Applicability.
Section C., subsection c. - Added a sentence to protect homeowner's rights.
Section 8.05 Protected Trees,
C. Approved Tree List - Added more trees to the Protected Tree List per Parks and Recreation
recommendations
Section 8.06 Specimen Trees and Section 8.07 Majestic or Historic Trees - added a sentence to allow
Town Council to add at the recommendation of the Tree Board to designate a tree as specimen tree
because of its type, size, age or other relevant criteria.
Section 8.08 Tree Removal and Replacement -
Section B - Removed duplicated paragraph and added a sentence on the requirement for a
permit.
Section F and G - Removed all references to "Tree Size" and again added more trees to both the
Approved Tree Planting & Replacement List and the Approved Median and ROW Tree Planting List at the
recommendation of the Parks and Recreation Department.
Section H and I – removed, as those two paragraphs conflicted with Subdivision Regulations
Section 8.09 Tree Protection Measures,
Section A.6 - added clarification at end of paragraph
Section 8.11 Land- Disturbing Activities
Section C 2.a - changed so as not to conflict with stormwater ordinance
Section C 2.c.ii - changed so as not to conflict with stormwater ordinance
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RECOMMENDATION: Staff recommends approval
ACTION BY COUNCIL:
(bg)
Attachments: 1. Ordinance
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.D.10
Discuss and take appropriate action regarding an Ordinance amending Article VIII ,
"Schedule of Fees", Chapter 1 of the Code of Ordinances, entitled "Administration", by
adding Section 8.03 (AA) "Tree Preservation."
EXPLANATION: At the September 18 meeting, Council referred this item requesting Additional
information.
The evaluation method used to determine tree replacement costs in the United States is the CTLA
method which uses the following formula in determining value:
( Basic Replacement Cost + profit ) x ( Species Classification ) x ( Condition ) x ( Location ) = Appraisal
Value of Tree
This can be done on a specific tree-by-tree basis, but the costs involved make it impractical for
development. What almost all cities have done is hire an arborist to come in an take a cross sectional
snapshot of a city, and applying the CTLA formula, derive a per caliper inch replacement price mitigating
protected trees within that city. The $150.00 dollar replacement per inch evaluation is an amount that is
acceptable for cities located in North Texas. The trend in evaluations is rising as nursery costs for trees
are increasing.
Tree Mitigation (per caliper inch)
City Fee
Carrolton $185.00
Flower Mound $150.00
Southlake $200.00
Colleyville $125.00
Keller $100.00
Hurst $100.00
Grapevine $150.00
Allen $200.00
Frisco $175.00
ACTION BY COUNCIL:
Attachments: 1. Explanation on tree evaluation and a comparison to other cities.
2. Ordinance
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TOWN OF TROPHY CLUB, TEXAS
TOWN ORDINANCE NO. 2006-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES,
ENTITLED “ADMINISTRATION”, ARTICLE VIII, ENTITLED
“SCHEDULE OF FEES”, BY AMENDING SUBSECTION “AA” “TREE
REMOVAL”, BY ESTABLISHING THE MITIGATION FEE FOR
REMOVAL OF TREES; PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING FOR AMENDMENT; PROVIDING A
SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND
A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2006-37 was adopted on September 18, 2006 and provided for the
adoption of a new schedule of fees for the Town of Trophy Club (hereinafter referred to as “Town”); and
WHEREAS, due to changes in costs incurred by the Town which require an amendment to
various fees, the Town now finds it necessary and proper to amend Ordinance No. 2006-37 by adding
fees for Tree Mitigation into the Schedule of Fees; and
WHEREAS, the fees adopted hereby are reasonable and reflect reimbursement for administrative
costs incurred by the Town in providing various services to the public; and
WHEREAS, the Town is authorized to require the payment of reasonable fees for services
provided; and
WHEREAS, the Town Council hereby finds that the amendment of Section AA of Section 8.03 of
Article VIII, Chapter 1, of the Code of Ordinances as further specified herein serves the best interests of
the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.03. Article VIII entitled “Schedule of Fees” of Chapter 1, entitled “Administration” of the Code of
Ordinances of the Town is hereby amended to revise Section 8.03, subsection “AA” entitled “Tree
Removal” so that 8.03(AA) is hereby revised to read as follows:
AA. Tree Preservation Tree Removal
Tree Removal Permit $25.00 per tree
Tree Mitigation Fee $100.00 per caliper inch
SECTION 3.
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SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Schedule
of Fees and shall not repeal any of the provisions of such Ordinances except in those instances where
provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such
Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force
and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to
the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed
Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the
Ordinance shall be deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of the
Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the
Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this
Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of
the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any person
violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less
than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall
be deemed committed upon each day during or on which a violation occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with law, and it
is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 2nd
day of October, 2006.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
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_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
_______________________________
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.D.11
Discuss and take appropriate action regarding an Ordinance amending Chapter 14 entitled
"Design Standards", Figures 1-7, 1-8 and 1-9 of Section 1 entitled "Roadway Design" of the
Code of Ordinances of the Town.
EXPLANATION: Water conservation and maintenance issues have caused staff to alter existing
median design to address those issues.
RECOMMENDATION: Staff recommends proposed changes to median standards.
ACTION BY COUNCIL:
Attachments: 1. Ordinance
2. Informational Memo
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-___
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, BY AMENDING
CHAPTER 14, ENTITLED “DESIGN STANDARDS”, FIGURES 1-7, 1-8 AND 1-9 OF
SECTION 1, ENTITLED “ROADWAY DESIGN” OF THE CODE OF ORDINANCES OF
THE TOWN; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING AN
AMENDMENT TO CHAPTER 14, SECTION 1, FIGURE 1-7, 1-8, AND 1-9;
PROVIDING A SAVINGS AND CUMULATIVE REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
AND PROVIDING AN EFFECTIVE DATE UPON ITS PASSAGE.
WHEREAS, the Town is a home rule municipality organized under the Constitution and the laws
of the State of Texas; and
WHEREAS, the Town currently has design standards in place governing Roadway Design; and
WHEREAS, in an effort to reduce operational and maintenance costs for the Town, it has been
determined that the design standards for medians should be altered; and
WHEREAS, staff has reviewed the current Design Standards contained in Chapter 14 of the
Code of Ordinances and the proposed criteria relating to medians d has determined it to be in the best
interests of the Town to amend the Design Standards Ordinance by revising the criteria relating to
medians; and
WHEREAS, the Town Council now deems it necessary for the safe, orderly, and healthful
development of the Town and in the best interest of the Town of Trophy Club, Texas, to adopt this
Ordinance by amending Chapter 14 as further specified herein.
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.
AMENDMENT
Chapter 14, Section 1, Figure 1-7, 1-8, and 1-9 of the Code of Ordinances of the Town of Trophy
Club is hereby amended as provided in Exhibit “A”, a copy of which is attached hereto and incorporated
herein. Exhibit “A” replaces Chapter 14, Section 1, Figure 1-7, 1-8 and 1-9 in their entirety and is hereby
adopted.
SECTION 3.
SAVINGS AND CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting Median
Design Standards and Roadway Design Standards 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
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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, this the 2nd
day of October, 2006.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Town Attorney
Town of Trophy Club, Texas
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Recommended Changes:
FIGURE 1-7
1. Plant list will change, and asian jasmine will be removed as an alternate to
Sod.
2. Shrub planting area will be reduced by approximately thirty percent.
Additional Changes
1. Interlocking stone or natural leveled rock surfaces shall be used in place of sod in
the main body of the median following the mow strip.
2. Trees shall be framed in by such surfaces, allowing for expansion of the tree.
3. Tree wells may be established with plantings in the well.
4. Defined shrub areas shall be irrigated by a drip system
5. Trees shall use bubblers for irrigation.
6. Irrigation specifications shall be clearly delineated.
7. Irrigation systems shall be monitored and operated using wireless systems
compatible with our existing system.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.D.12
Discuss and provide input relative to an Ordinance amending the Chapter 3, Article XII
Standards for the Repair, Removal or Demolition of Substandard Buildings and
establishing Building Standards Commission for the Town.
EXPLANATION:
This ordinance will add a Building Standards Commission to our existing Standards for the Repair,
Removal or Demolition of Substandard Buildings, which will hear appeals with regard to the Town’s
building standards. It also expands the definition of dangerous buildings and provides for additional
minimum standards. If directed by Council, this ordinance will appear on the October 16th agenda for
approval with any requested changes.
Attachments: 1. Suggested Ordinance language
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Article I
Substandard Buildings
Section 1-1 Substandard Buildings; Declared - For the purposes of this article, any building,
regardless of the date of its construction, which has any or all of the conditions or defects
hereinafter described, shall be deemed to be a substandard building:
Any building that is dilapidated, substandard, or unfit for human habitation and a hazard
to the public health, safety and welfare;
Any building that, regardless of its structural condition; is unoccupied by its owners,
lessees or other invitees and is unsecured from unauthorized entry to the extent
that it could be entered or used by vagrants or other uninvited persons as a place
of harborage or, could be entered or used by children;
Any building that is boarded up, fenced or otherwise secured in any manner if:
The building constitutes a danger to the public even though secured from entry, or
The means used to secure the building are inadequate to prevent unauthorized entry or use
of the building in the manner described by subsection (2) of this section;
Section 1-2 Minimum Standards – Use and Occupancy
In the event that one or more of the following conditions exist, the structure shall be deemed in violation of
the minimum standards for continued use and occupancy.
A. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or
size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;
B. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so
warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case
of fire or panic;
C. Whenever the stress in any materials, or members or portion thereof, due to all dead and live loads,
is more than one and one half times the working stress or stresses allowed in the building code for new
buildings of similar structure, purpose or location; Whenever any portion thereof has been damaged by
fire, earthquake, wind flood or by any other cause, to such an extent that the structural strength or stability
thereof is materially less than it was before such catastrophe and is less than the minimum requirements
of the building code for new buildings of similar structure, purpose or location;
D. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or
dislodged, or to collapse and thereby injure persons or damage property;
E. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior
thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as
to be capable of resisting a wind pressure of one half of that specified in the building code for new
buildings of similar structure, purpose or location without exceeding the working stresses permitted in the
building code for such buildings;
F. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or
other structural portions have materially less resistance to winds or earthquakes than is required in the
case of similar new construction;
G. Whenever the building, or any portion thereof is likely to partially or completely collapse because of:
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1. dilapidation, deterioration or decay;
2. faulty construction;
3. the removal, movement or instability of any portion of the ground necessary for the purpose
of supporting such building;
4. the deterioration, decay or inadequacy of its foundation; or
5. any other cause.
H. Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose
for which it is being used;
I. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent
that a plumb line passing through the center of gravity does not fall inside the middle one third of the
base;
J. Whenever the building, exclusive of the foundation, shows thirty-three percent or more damage or
deterioration of its supporting member or members, or fifty or more percent damage or deterioration of its
non-supporting members, enclosing or outside walls or coverings;
K. Whenever the building has been so damaged by fire, wind, earthquake, flood or other causes, or has
become so dilapidated or deteriorated as to become:
1. an attractive nuisance to children; or,
2. a harbor for vagrants or criminals;
L. Whenever any building has been constructed, exists or is maintained in violation of any specific
requirement or prohibition applicable to such building provided by the building regulations of this
jurisdiction, as specified in the building code, or of any law or ordinance of this state or jurisdiction relating
to the condition, location or structure of buildings;
M. Whenever any building which, whether or not erected in accordance with all applicable laws and
ordinances, has in any non-supporting part, member or portion less than fifty percent, or in any supporting
part, member or portion less than sixty-six percent of the:
1. strength,
2. fire-resisting qualities or characteristics, or
3. weather resisting qualities or characteristics required by law in the case of a newly
constructed building of like area, height and occupancy in the same location;
N. Whenever a building, used or intended to be used for dwelling purposes, because of inadequate
maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or
sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human
habitation or in such a condition that is likely to cause sickness, or disease for reasons including, but not
limited to, the following:
1. Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging
house.
2. Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests
in a hotel.
3. Lack of, or improper kitchen sink in a dwelling unit.
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4. Lack of hot and cold running water to plumbing fixtures in a hotel.
5. Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house.
6. Lack of adequate heating facilities.
7. Lack of, or improper operation of, required ventilating equipment.
8. Lack of minimum amounts of natural light and ventilation required by this code.
9. Room and space dimensions less than required by this code or the building code.
10. Lack of required electrical lighting.
11. Dampness of habitable rooms.
12. Infestation of insects, vermin or rodents.
13. General dilapidation or improper maintenance.
14. Lack of connection to required sewage disposal system.
15. Lack of adequate garbage and rubbish storage and removal facilities.
O. Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage,
inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or
heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard;
P. Whenever any building is in such a condition as to make a public nuisance known to the common law
or in equity jurisprudence;
Q. Whenever any portion of a building remains on a site after the demolition or destruction of the
building;
R. Whenever any building is abandoned so as to constitute such building or portion thereof an attractive
nuisance or hazard to the public;
S. Any building constructed and is still existing in violation of any provision of the building code or
Uniform Fire Code of the city to the extent that the life, health or safety of the public or any occupant is
endangered.
Sec. 1-3 Minimum Property Standards
A. Property Standards: An owner shall at all times maintain his property in compliance with the
minimum standards set forth herein and all of the building, plumbing, housing, or fire codes and
shall:
1. Eliminate a hole, excavation, sharp protrusion, and any other object or condition that exists
on the land and is reasonably capable of causing injury to a person;
2. Securely cover or close a well, cesspool or cistern;
3. Provide solid waster receptacles or containers when required by the Town;
4. Provide drainage to prevent standing water and flooding on the land;
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5. Remove dead trees and tree limbs that are reasonably capable of causing injury to a person;
and
6. Keep the doors and windows of a vacant structure portion of a structure securely closed to
prevent unauthorized entry.
A. Structural Standards: An Owner shall:
1. Protect the exterior surfaces of a structure which are subject to decay by application of paint or
other coating;
2. Fill hollow, masonry supporting piers, if used, with concrete and anchor the piers to concrete
footings with a 5/8 inch steel dowel;
3. Provide and maintain railings for stairs, steps, balconies, porches and elsewhere as specified
in the Town’s Building Code.
4. Repair holes, cracks and other defects reasonably capable of causing injury to a person in
stairs, porches, steps and balconies;
5. Maintain a structure intended for human occupancy and its structure used as an accessory to
a structure intended for human occupancy in a weather tight and water tight condition.
6. Maintain floors, walls, ceilings, and all supporting structural members in a sound condition,
capable of bearing imposed safety loads.
7. Provide cross-ventilation as prescribed in the Building Code;
8. Repair or replace chimney flue and attachments that do not function properly;
9. Repair holes, cracks, breaks, and loose surface materials that are health or safety hazards in
or on floors in or on floors, walls and ceilings;
10. Provide and maintain a moisture resistant finish or material for the flooring or sub flooring of
each bathroom, shower room, and toilet room;
11. Provide every habitable room with at least one window or skylight facing directly to the
outdoors;
12. Provide every habitable room with at least one window or skylight which can be easily opened,
or such other device as will adequately ventilate the room;
13. Provide every bathroom with the light and ventilation requirements for habitable rooms except
that no window or skylight shall be required in adequately ventilated bathrooms equipped with an
approved ventilating system;
14. Provide that common hall and inside stairway in every building, other than one-family
dwellings, be adequately lighted at all times with an illumination of at least one (1) foot candle
intensity at the floor in the darkest portion of the normally traveled stairs and passageways;
15. Provide and maintain the building foundation system in a safe manner and capable of
supporting the load which normal use may cause to be placed thereon;
16. Provide that every exterior wall be free of holes, breaks, loose or rotting boards or timbers,
and any other conditions which might admit rain, or dampness to the interior portions of the walls
or to the occupied spaces of the building;
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17. Provide roofs which are structurally sound and maintained in a safe manner and which have
no defects which might admit rain or cause dampness in the walls or interior portion of the
building;
18. Provide and maintain all portions, additions or sections of a roof including but not limited to
fascia, eaves, soffit, sheathing, rafter tails, barge rafter, vent screening, gutters, downspouts, roof
jackets and lead or metal flashing;
19. Provide and maintain every dwelling unit with safe, unobstructed means of egress with a
minimum ceiling height of seven feet (7’) leading to a safe and open space at ground level. Stairs
shall have a minimum head room of six feet (6’), eight inches (8”);
20. Provide and maintain protective railings on any unenclosed structure over thirty inches (30”)
from the ground level or on any steps containing four risers or more;
21. Provide and maintain every window substantially weather-tight, watertight and rodent proof,
and keep in sound working condition and good repair;
22. Provide every exterior door, basement or cellar door and hatchway to be substantially
weather-tight, and rodent proof, and kept in sound working condition and good repair;
23. Provide every exterior door with properly installed hardware that is maintained to insure
reasonable ease of operation to open, close and secure in an open or closed position, as intended
by the manufacturer of the door and the attached hardware;
24. Provide exterior door frames be properly maintained and affixed with weather-stripping and
thresholds as required to be substantially weather-tight, watertight and rodent and insect restrictive
when the door is in a closed position;
25. Provide exterior door jams, stops, headers and moldings securely attached to the structure,
maintained in good condition without splitting or deterioration that would minimize the strength and
security of the door in a closed position;
26. Provide all exterior wood surfaces, other than decay resistant woods, protected from the
elements and decay by painting or other protective covering or treatment;
27. Provide and maintain garages, storage buildings and all other accessory structures in good
repair and sound structural condition;
28. Provide every floor, interior wall and ceiling be substantially rodent proof, kept in sound
condition and good repair and safe to use and capable of supporting the load which normal use
may cause to be placed thereon;
29. Provide every toilet, bathroom and kitchen floor surface constructed and maintained so as to
be substantially impervious to water and so as to permit such floor to be easily kept in a clean and
sanitary condition;
30. Maintain every structural element of the dwelling structurally sound and show no evidence of
deterioration which would render it incapable of carrying normal loads;
31. Provide and maintain interior stairs and stairwells more than four (4) risers high with handrails
located in accordance with the requirements of the Building Code. Handrails or protective railings
shall be capable of bearing normally imposed loads and be maintained in good condition.
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ARTICLE II
BUILDING STANDARDS COMMISSION
Sec. 2-1 Created.
There is hereby created a Building Standards Commission (“the Commission”) in
accordance with the provisions of Subchapter C of Chapter 54 of the Local Government
Code, V.T.C.A., as amended. Any references to the “Building Board of Appeals” in other
ordinances or codes shall mean the Building Standards Commission.
Sec. 2-2 Members.
(a) Number, Appointment. The Commission shall consist of five (5) regular
members each to be appointed by the Town Council. The Town Council may also
appoint up to eight (8) alternate members to the Commission who shall serve in the
absence of one or more regular members when requested to do so by the Town
Manager, or designee. All cases shall be heard by at least four (4) members. Each
member, whether regular or alternate, shall be appointed by majority vote of the Town
Council.
(b) Qualifications. The commission should include a cross section of
individuals in the building and construction field including an architect, engineer, general
contractor, mechanical, electrical or plumbing tradesman as well as a layman based on
the availability of qualified candidates. The alternates should be comprised of a similar
makeup based on availability of qualified candidates.
(c) Terms of Office – Terms of Initial Commission Members. Terms shall
expire on October 1 of each year. Upon initial formation of the Commission, the term for
the five (5) regular members shall be as follows: Two (2) members who serve for a term
of one (1) year and three (3) members who serve for a term of two (2) years. The term
for the eight (8) alternate members shall be as follows: Four (4) members who serve for
a term of (1) year and four (4) members who serve for a term of two (2) years.
Thereafter, each regular and alternate member of the Commission shall be appointed by
the Town Council for a term of two (2) years with staggered appointments so that no
more than three (3) regular members’ terms shall expire in any one year and so that no
more than four (4) alternate members’ terms shall expire in any one year.
(d) Removal, Filling of Vacancies. Any member, whether regular or
alternate, of the Commission may be removed for cause on a written charge. If
requested by the member subject to the removal action, the Town Council must hold a
public hearing on the matter before a decision regarding removal is made. Any and all
vacancies shall be filled by appointment based upon a majority vote of the Town Council
and shall be for the unexpired term of the vacant position.
Sec. 2-3. Meetings.
(a) Meetings of the Commission shall be held at the call of the chairperson
and at other times as determined by the Commission. All meetings of the Commission
shall be open to the public. The concurring vote of a majority of the members of the
Commission shall be required for any action taken by the Commission under state law or
ordinance adopted by the Town. The chairperson, or in the chairperson’s absence the
acting chairperson, may administer oaths and compel the attendance of witnesses.
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(b) The Commission shall keep minutes of its proceedings showing the vote
of each member on each question or the fact that a member is absent or fails to vote.
The Commission shall keep records of its examinations and other official actions. The
minutes and records shall be filed immediately in the Community Development
Department as public records.
(c) The Community Development Director or authorized designee shall
present all cases before the Commission. As used in this Chapter, the term “Community
Development Director” shall mean the Community Development Director for the Town of
Trophy Club or authorized designee.
Sec. 2-4. Authority--Generally.
(a) Ordinances. The Commission shall have the authority granted in this
Chapter and, in addition, shall have authority to hear and determine cases concerning
alleged violations of Town ordinances:
(1) For the preservation of public safety, relating to the materials or methods
used to construct a building or improvement, including the foundation,
structural elements, electrical wiring or apparatus, plumbing and fixtures,
entrances, or exits;
(2) Relating to the fire safety of a building or improvement, including
provisions relating to materials, types of construction or design, warning
devices, sprinklers or other fire suppression devices, availability of water
supply for extinguishing fires, or location, design, or width of entrances or
exits;
(3) Relating to dangerously damaged or deteriorated buildings or
improvements; or
(4) Relating to conditions caused by accumulations of refuse, vegetation, or
other matter that creates breeding and living places for insects and
rodents.
(5) Relating to a Building Code or to the condition, use, or appearance of
property in the Town.
(b) Other Functions. In addition to the authority granted in this Chapter, the
Building Standards Commission, in its capacity as a review board for the Town, shall
have the following duties and powers including, but not limited to:
(1) Studying proposed Code amendments and making recommendations to
the Town Council regarding any proposed amendments to the Building
and Fire Codes.
(2) Hearing from any person requesting a change to the Building and Fire
Codes as adopted by the Town.
(3) Serving as an advisor to the Building Official and/or Fire Chief.
(4) Hearing appeals from decisions of the Building Official or Fire Chief and
make rulings pertaining to:.
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(a) Decisions regarding substandard or dangerous buildings as
further provided in this Article.
(b) Other areas as specified in duly adopted ordinances of the
Town.
(5) Serving as the board to hear appeals from revocation of Town
registration issued to those artisans for whom local registration is
allowed, including but not limited to Electrical Mechanical, Plumbing,
Backflow, Irrigation, and Fire Protection contractors and to hear
revocation cases forwarded at the discretion of the Community
Development Director or designee. The Commission shall also hear
appeals from registration revocation where a written request for appeal is
timely filed by the person or entity whose Town registration has been
revoked. A person or entity seeking an appeal hearing for the revocation
of a Town registration shall file a written notice requesting such appeal
within ten (10) business days of final decision by the Town. Such
request for appeal shall specify the grounds for reinstatement, and the
burden of demonstrating that reinstatement is appropriate shall be on the
appellant. The Commission shall have the authority to summon and take
appropriate action relative to the revocation whether initiated by Town
staff or the person or entity whose registration has been revoked. The
decision of the Commission shall be final. Revocation of Town
registration shall be appropriate where the registrant has violated Town
permitting requirements.
(6) Ordering the repair, within a fixed period, of buildings found to be in
violation of an ordinance.
(7) Declaring a building substandard in accordance with the powers granted
by this Chapter or other local or state law.
(8) Variances. The Building Standards Commission may not grant
variances.
(9) State Statute. In addition to the authority outlined in this Chapter, the
Commission may exercise such other powers and authority conferred upon it by
Subchapter C of Chapter 54 and Subchapter A of Chapter 214 “Dangerous Structures” of
the Texas Local Government Code, as amended, or by other statutes or ordinances.
Sec. 2-5. Authority--Substandard Housing.
The Building Standards Commission may hear cases regarding
a substandard structure if the structure is:
(1) Dilapidated, substandard, or unfit for human habitation and a hazard to
the public health, safety, and welfare; or
(2) Regardless of its structural condition, unoccupied by its owners,
lessees, or other invitees and is unsecured from unauthorized
entry to the extent that it could be entered or used by vagrants or
other uninvited persons as a place of harborage or could be
entered or used by children;
(3) Boarded up, fenced, or otherwise secured in any manner if:
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(a) The building constitutes a danger to the public even though
secured from entry; or
(b) The means used to secure the building are inadequate to
prevent unauthorized entry or use of the building in the manner
described by Subsection (2) above.
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ARTICLE III
PROCEEDINGS OF BUILDING STANDARDS COMMISSION.
Sec. 3-1. Rules governing proceedings.
The Building Standards Commission shall adopt rules to govern its proceedings
provided, however, that such rules are not inconsistent with this Article or laws of the
State of Texas. The rules shall establish procedures for use in hearings, providing ample
opportunity for presentation of evidence and testimony by respondents or persons
opposing charges brought by the Town or its officials relating to alleged violations of
ordinances.
Sec. 3-2. Criteria for Determining Substandard Condition.
A structure shall be considered substandard if:
(1) It is in a condition such that it fails to comply with the minimum standards
set forth in the Town’s ordinances, including but not limited to those
standards set forth in this Chapter specifying Minimum Property
Standards and Minimum Standards – Use and Occupancy, the building,
plumbing, housing, or fire codes; and
(2) Such condition exists to the extent that the life, health, property, or safety
of the public or its occupants are endangered.
Sec. 3-3. Notice.
(a) Notice of all proceedings before the Commission shall be given:
(A) By certified mail, return receipt requested, to the record owners
of the affected property, and each holder of a recorded lien
against the affected property, as shown by the records of the
Office of the County Clerk of the county in which the affected
property is located if the address of the lienholder can be
ascertained from the deed of trust establishing the lien and/or
other applicable instruments on file in the Office of the County
Clerk; and
(B) To all unknown owners, by posting a copy of the notice on the
front door of each improvement situated on the affected property
or as close to the front door as practicable.
(b) The notice shall be mailed and posted on or before the 10th day before
the date of the hearing before the Commission and must state the date, time, and place
of the hearing. The notice shall also include a statement that at the hearing, the owner,
lienholder, or mortgagee will be required to submit proof of the scope of any work that
may be required comply with the ordinance and the time it will take to reasonably perform
the work. In addition, the notice must be published in a newspaper of general circulation
in the Town on one occasion on or before the 10th day before the date fixed for the
hearing.
Sec. 3-4. Action by Commission; Time Frames.
(a) Commission Orders. After notice and hearing and upon finding that a structure is
substandard, the Commission may:
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(1) Order the repair of a substandard structure, within a fixed period
as provided in this Chapter;
(2) Order, in an appropriate case, the immediate removal of persons
or property found on private property, enter on private property to
secure the removal if it is determined that conditions exist on the
property that constitute a violation of an ordinance, and order
action to be taken as necessary to remedy, alleviate, or remove
any substandard building found to exist;
(3) If the structure is not vacated, secured, repaired, removed, or
demolished, or the occupants are not relocated with the time
allotted by the Commission, the Town may vacate, secure,
remove or demolish the building or relocate the occupants at the
Town’s expense. The Town may assess the expenses on and
have a lien against the property on which the structure was
located, unless it is a homestead as protected by the Texas
Constitution;
(4) Issue orders or directives to any peace officer of the state,
including a sheriff or constable or the Chief of Police of the
Town, to enforce and carry out the lawful orders or directives of
the Commission; and
(5) Determine the amount and duration of the civil penalty that may
be recovered by the Town as authorized by Subchapter C of
Chapter 54, Texas Local Government Code, as amended. In
assessing a civil penalty, the Commission shall consider the
severity of violations present, the history of compliance of the
property or the owner, and the efforts taken, if any, to correct the
violations.
(b) Time Frames for Compliance. After making a finding that a building is
substandard, the Commission shall comply with the following time frames:
(1) 30-Day Time Period. Except as otherwise provided in this
Article, the Commission shall require the owner, lienholder, or
mortgagee of a substandard building to within thirty (30) days of
the date of the hearing:
(a) Secure the building from unauthorized entry; or
(b) Repair, remove or demolish the building, unless the
owner or lienholder establishes at the hearing that the
work cannot reasonably be performed within thirty (30)
days.
(2) 30 to 90-Day Time Period. If the Commission allows the owner,
lienholder, or mortgagee more than 30 days to repair, remove, or
demolish the building, the Commission shall establish specific
time schedules for the commencement and performance of the
work and shall require the owner, lienholder or mortgagee to
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secure the property in a reasonable manner from unauthorized
entry while the work is being performed, as determined at the
hearing.
(3) Time Period in Excess of 90 Days. The Commission may only
allow the owner, lienholder or mortgagee more than 90 days to
repair, remove, or demolish the building or fully perform all work
required to comply with the order if the owner, lienholder, or
mortgagee:
1. Submits a detailed plan and time schedule for the work
at the hearing; and
2. Establishes at the hearing that the work cannot
reasonably be completed within 90 days because of the
scope and complexity of the work; and
3. Regularly submits progress reports to the municipality to
demonstrate compliance with the time schedules
established for commencement and performance of the
work.
(4) Bond Requirement: If the Commission allows the owner,
lienholder, or mortgagee more than 90 days to complete any part
of the work required to repair, remove, or demolish the building,
the order of the Commission may require that the owner,
lienholder, mortgagee or his designee to appear and
demonstrate compliance with the time schedules. If the owner,
lienholder or mortgagee owns property, including structures or
improvements on property, within the Town boundaries that
exceeds $100,000 in total value, the Town may require the
owner., lienholder, or mortgagee to post a cash or surety bond in
an amount adequate to cover the cost of repairing, removing, or
demolishing a building under this Article. In lieu of a bond, the
Commission may require the owner, lienholder, or mortgagee to
provide a letter of credit from a financial institution or a guaranty
from a third party approved by the Town. The bond shall be
posted, or the letter of credit or third party guaranty provided not
later than the 30th day after the date the Commission issues the
order.
(c) Burden of Proof. The owner, lienholder, or mortgagee has the burden of
proof to demonstrate the scope of any work that may be required to comply with Town
ordinances and the time it will take to reasonably perform the work.
Sec. 3-5. Fees for Appeals to the Commission.
A fee of ONE HUNDRED AND NO/100 DOLLARS ($100.00) is hereby required
for appeals heard at by the Building Standards Commission. All fees must be paid at the
time an appeal is filed.
Sec. 3-6. Failure to comply with order of the Commission.
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(a) If a building is not vacated, secured, repaired, removed, or demolished,
or the occupants are not relocated within the time period ordered by the Commission, the
Town may vacate, secure, remove, or demolish the building or relocate the occupants at
its own expense.
(b) If the Town incurs expenses under this Section, the Town may assess
the expenses on, and the Town has a lien against, the property on which the building was
located, unless the property is a homestead as protected by the Texas Constitution. The
lien is extinguished if the property owner or another person having an interest in the legal
title to the property reimburses the Town for the expenses. The lien arises and attaches
to the property at the time the notice of the lien is recorded and indexed in the office of
the County Clerk of the county in which the property is located. The notice must contain
the name and address of the owner if that information can be determined with a
reasonable effort, a legal description of the real property on which the building was
located, the amount of expenses incurred by the Town, and the balance due.
Sec. 3-7. Final Decision of the Commission.
(a) A copy of the final decision of the Commission shall be mailed by
certified mail, return receipt requested, to all persons to whom notice is sent under
Subsection 2-3. The copy shall be mailed promptly after the decision of the Commission
becomes final pursuant to this Section 2-7.
(b) Within ten (10) calendar days after the date that the order is issued, the
Commission shall file a copy of the order in the office of the Town Secretary. Within ten
(10) calendar days after the date the final decision of the Commission is mailed, an
abbreviated copy of the final decision shall be published one time in a newspaper of
general circulation in the Town, including the street address or legal description of the
property; the date of the hearing, a brief statement indicating the results of the order, and
instructions stating where a complete copy of the order may be obtained.
(c) If no appeals are taken from the decision of the Commission within the
required period, the decision of the Commission is, in all things, final and binding.
Sec. 3-8. Judicial Review.
(a) Any person(s) jointly or severally aggrieved by any decision of the
Commission may present a petition to a district court, duly verified, setting forth that the
decision is illegal, in whole or in part, and specifying the grounds of the illegality. The
petition must be presented within thirty (30) calendar days after the date a copy of the
final decision of the Commission is personally delivered or mailed by first class mail,
certified return receipt requested, to all persons to whom notice is required to be sent
pursuant to Subsection 2-3.
(b) Proceedings shall not be stayed by an appeal and issuance of a writ of
certiorari and shall only be stayed by the grant of a restraining order or injunction granted
by the district court. The District Court’s review shall be limited to a hearing under the
substantial evidence rule. Costs may not be allowed against the Commission panel. If
the decision of the Commission panel is affirmed or not substantially reversed but only
modified, the District Court shall allow to the Town all attorney’s fees and other costs and
expenses incurred by it and shall enter a judgment for those items, which may be entered
against the property owners as well as all persons found to be in occupation of the
property subject to the proceedings before the Commission panel.
Sec. 3-9. Authority—Penalties.
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(a) Civil Penalty. The Commission may assess a civil penalty against the
property owner for failure to repair, remove, or demolish a substandard structure upon
proof presented by the Town that:
(1) The property owner was notified of the requirements in the
Town’s substandard building ordinance along with notification of
the owner’s need to comply; and
(2) The owner continued to violate the ordinance after receiving
notice.
(b) Amount. A civil penalty imposed pursuant to this Section may not
exceed $1000 per day for each violation, unless the property is shown to be the owner’s
legal homestead, in which case the penalty shall not exceed $10 per day for each
violation.
(c) Criteria For Assessing Civil Penalty. In assessing a civil penalty, the
Commission shall consider the severity of violations present, the history of compliance of
the property or the owner, and the efforts taken, if any, to correct the violations.
(d) Determination Final. A determination made under this Section is final
and binding and constitutes prima facie evidence of the penalty in any court of competent
jurisdiction in a civil suit brought by the Town for final judgment in accordance with the
established penalty.
(e) Enforcement of Civil Penalty. To enforce any civil penalty under this
Section, the Town Secretary must file with the district clerk of the county in which the
Town is located, a certified copy of the order of the Commission stating the amount and
duration of the penalty. No other proof is required for a district court to enter final
judgment on the penalty.
(f) Remedies Cumulative. The remedies authorized under this Article are
inclusive and not exclusive and shall in no way prevent the Town from exercising all other
remedies at law to which it may be entitled, including proceedings under the jurisdiction
of the Municipal Court or injunctive or other civil relief as allowed by law.
179
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.D.13
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. List
10/16/06
Discuss and take appropriate action regarding an Interlocal agreement with Southlake and Roanoke for
animal control.
Discuss and take appropriate action regarding an Ordinance amending "Design Standards", as it relates
to medians of the Code of Ordinances.
Discuss and take appropriate action regarding the amendment to Ordinance 2002-44, extending the
Franchise contract with Charter communications.
Items for Future Agendas – Dates to be Determined
Discussion about storm water discharge from pools.
Review of the Building Standards Ordinance (specifically maintenance of all buildings and the allowance
of metal buildings)
Discuss and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of
improvements for area to create a linear park.
Payment Agreements with Master District for municipal annex.
Discuss and take appropriate action relative to an Ordinance amending Article IV, "Sign Regulations",
Chapter 5 of the Code of Ordinances, entitled "General Land Use", by amending Sections 4.05. (relative
to political signs and quantity per commercial lot.)
Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance establishing
the Town's Emergency Management System.
Consideration of enactment of Hotel/Motel Tax.
180
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.D.14
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
181
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-2-2006
Subject: Agenda Item No.E.1
Adjourn.