ORD 1999-12 Requiring Dedication of Park Land Prior to Subdivion Plat Approval TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 1999- 12 PivZ
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
REQUIRING THE DEDICATION OF PARK LAND PRIOR TO A
SUBDIVISION PLAT APPROVAL BY THE PLANNING AND ZONING
COMMISSION AND THE TOWN COUNCIL;PROVIDING FOR PAYMENT
OF CASH IN LIEU OF RESERVATION OF OPEN SPACE OR PARK AND
RECREATIONAL AREAS; PROVIDING FOR THE MAINTENANCE OF
DEDICATED PARK LAND; PROVIDING A SEVERABILITY CLAUSE;
REPEALING AND REPLACING ORDINANCE NOS. 86-30 AND 87-09 OF
THE TOWN RELATING TO DEDICATION OF PARK LAND AND OPEN
SPACE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") is
empowered under the Texas Local Government Code §54.001 to do all acts and make all regulations
which may be necessary or expedient for the promotion of the public health, safety and general
welfare, and
WHEREAS,the Town Council seeks to require the dedication of park land to be designated
upon any proposed subdivision plat prior to approval of said plat by the Town Council; and
WHEREAS. the necessary park land dedication place must meet certain minimum area and
character requirements; and
WHEREAS, the Town Council desires to allow a developer to pay cash in lieu of land
dedication, subject to the Town Council approval and acceptance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1
INCORPORATION OF PREAMBLE
The above and foregoing preamble is incorporated into the body of this Ordinance as if
copied herein in its entirety.
SECTION 2
PURPOSE
The requirements for open spaces, park and recreational areas contained in this Ordinance
are intended to ensure that in new residential developments in the Town of Trophy Club there will
be sufficient land dedicated or otherwise set aside to meet the demands and needs of the future
residents of the development for open space and neighborhood parks, containing passive or active
recreational areas that are reasonably attributable to such development.
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A. In determining the size of the parcel, or parcels, that should be set aside and reserved in the
manner set out in this Ordinance,the Town Council has taken as a benchmark the standards
of the National Recreation and Park Association.
B. It is the policy of the Town,that when land is dedicated or otherwise set aside and reserved
for open space and park and recreational areas, such land should be in close proximity to
the residential development it is designed to serve and shall be of such size, character, and
dimensions as is necessary to provide usable open space and park and recreational areas.
SECTION 3
CHARACTER AND MINIMUM AREA
A. Land dedicated or otherwise set aside for open space and park and recreational areas shall
be of such size, dimensions, topography, and general character as is reasonably required
for the type of use proposed, e.g., open space buffer, active recreation for team or
individual sports,playground, tot lot, picnic area, etc.
B. Unique natural areas or flood plains which provide an opportunity for linkage parks may
be included in areas dedicated or otherwise set aside or reserved for open space.
C. The minimum amount of open space and park recreational area that shall be dedicated or
otherwise reserved pursuant to this Ordinance shall be ten (10) acres per 1,000 of total
projected Town population. For purposes of determining population, 2.87 people per
dwelling unit shall be used.
D. Any land dedicated to the Town under this Article must be suitable for park and recreation
uses. The following characteristics of a proposed area are generally unsuitable unless
recommended in the Master Plan:
1) Any area primarily located in the 100-year floodway; or
2) Any areas of unusual topography or slope which render the area unusable for
recreational activities.
The above characteristics of a park land dedication area may be grounds for refusal of any
preliminary or final plat.
E. Drainage areas may be accepted as part of a neighborhood park if the channel is constructed
in accordance with Town engineering standards and if no significant area of the park is cut
off from access by such channel. If land is dedicated which is in the floodway fringe,but
not including the floodway, then it counts as one-half(1/4) of the required area as set forth
in Subsection 3(C).
F. Each park shall have access to a public street.
G. All park land dedication shall be consistent with the standards as set forth in the Master
Plan.
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SECTION 4
MINIMUM SIZE
No land dedicated or otherwise reserved in compliance with this Ordinance shall have
dimensions smaller than one (1) acre. In any development which includes wooded areas, flood
plains, or other natural amenities which it is desirable to maintain, the Town Council may grant an
exception from the strict application of these minimum dimensions whenever it deteiiiiines that by
doing so the protection and preservation of such areas will be promoted.
SECTION 5
PLATTING REQUIREMENTS
A. Whenever a final plat is filed on record with the County Clerk of Denton County for
development of a residential area in accordance with the Subdivision and Zoning Ordinance
of the Town, such plat shall contain a clear fee simple dedication of an area of land as
designated by this Ordinance. Any proposed plat submitted to the Town for approval shall
show the area proposed to be dedicated.
B. The Planning and Zoning Commission shall have a plat review meeting regarding the
proposed land donation prior to it being submitted to the Town Council. Any land
dedicated or otherwise reserved under this Ordinance for open space or park and
recreational areas shall be shown on a plat submitted for approval by the Planning and
Zoning Commission and Town Council. Upon approval, said plat shall be filed with the
County Clerk of Denton County.
C. The Town Council may, upon application by a developer, or other person or firm with a
legal interest in the land to be developed, allow the open spaces and park and recreational
areas required by this Ordinance to be restricted to the use and enjoyment of the residents
of the particular development or subdivision. The Town Council may grant such request
whenever it finds:
1. That the public open space and park and recreational areas required by the Ordinance
cannot be effectively and efficiently integrated into the public park system of the
Town;
2. That the open space and park and recreational needs of the residents of the
development or subdivision can be supplied by the reservation of private open spaces
and recreational areas at least as adequately as by the dedication of public park land;
and
D. That the developer or subdivider has compiled, or will comply, with the requirements of
Section 6 of this Ordinance. Such open space and park and recreational areas shall be
clearly noted on the plat or master development plan as "Private Open Space"or"Private
Recreational Land" at the time of submission to the Town for action by the Planning and
Zoning Commission and Town Council.
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SECTION 6
PAYMENT OF CASH IN LIEU OF RESERVATION OF
OPEN SPACE OR PARK AND RECREATIONAL AREAS
A. A payment of cash in lieu of reservation of open space or park land or recreational land,
that is equal to the fair market value of the land that would be required to be dedicated or
otherwise reserved for open space or park and recreational area pursuant to this Ordinance,
will be required:
1) In any case in which the land required to be dedicated or otherwise reserved by this
Ordinance would be less than one (1) acre, or
2) If it is determined by the Town Council that the park and recreational needs of a
proposed development would be better served by the expansion or improvement of an
existing park, or,
3) A developer or subdivider may, with the consent of the Town Council, as an
alternative to, and in lieu of, dedicating or otherwise reserving land for open space or
park and recreational purposes, pay the aforesaid sum to the Town of Trophy Club.
Said payment shall be made within ten(10) days of the time of final plat recording.
B. All such payments shall be:
1) Segregated in a separate fund and used only for the acquisition and improvements of
open space and park and recreational areas within the Town of Trophy Club that will
meet the needs of the residents of the development or subdivision in respect which
such payment was made;
2) Expended on the acquisition or improvements of open space or park land that is within
the jurisdiction of the Town of Trophy Club; and
3) If not expended or unconditionally committed to be expended within ten(10)years of
receipt, the developer or subdivider shall be entitled to a refund of the amount paid
upon request by the developer or subdivider filed with the Town Secretary within one
(1) year after the right to such refund arises. If said request is not made in writing
within the one (1) year period, then such right shall be barred.
C. Fair Market Value Determined. For purposes of this Ordinance, the fair market value of
land shall be determined by:
1) Taking the fair market value of one(1) acre of land, derived from the average of three
separate undeveloped acre parcels of land within Trophy Club that are deemed to be
comparable to the land being subdivided.
2) Unimproved land shall mean land that has not been platted nor developed.
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D. The owner, developer or subdivider of a proposed subdivision shall have the right to appeal
the fair market value determination to the Town Council within ten(10) days after the date
of filing of the preliminary plat with the Town, by filing with the Town Secretary a written
appeal and stating therein the reasons and basis for the appeal. The Town Council shall act
on the appeal within thirty (30) days after the date of approval or disapproval of the
preliminary plat by the Planning and Zoning Commission. The action of the Town Council
shall be final.
SECTION 7
MAINTENANCE
If the open space and recreational areas required by this Ordinance are to remain private,
such areas shall be maintained by and deeded to a homeowners' association, or to a trustee.
A. No plat or master development plan containing a reservation of private open space and
recreational areas shall be approved until the applicant shall have filed with the Planning
and Zoning Commission a declaration of the covenants and restrictions that will govern
such association or trustee, and received approval of the same from the Planning and
Zoning Commission and the Town Council.
B. Such instrument shall be approved by the City Attorney as to legal form and effect and by
the Planning and Zoning Commission as to the suitability of the proposed use of the
proposed open space and recreational areas.
C. The covenants and restrictions, when submitted, shall provide for the following:
1) that the homeowner's association or trust shall be established prior to the sale of any
part of the property;
2) that open space restrictions and maintenance shall be peunianent;
3) that the homeowners are liable for the payment of maintenance fees and capital
assessments;
4) that unpaid homeowner's fees and assessments will be a lien of the property of the
delinquent homeowners;
5) that the association or trustee shall be responsible for liability insurance, taxes and
perpetual maintenance;
6) that membership shall be mandatory for each homeowner and any successive buyer,
and
7) that each homeowner, at the time of purchase, shall be furnished with a copy of the
approved restrictions or conditions.
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SECTION 8
SEVER ABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstances is held invalid or unconstitutional by a Court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
Ordinance and the Town Council hereby declares it would have passed such remaining portions of
this Ordinance despite such invalidity,which remaining portions shall remain in full force and effect.
SECTION 9
REPEALER
Ordinances No. 86-30 and 87-09 of the Town relating to dedication of park land and open
space is hereby repealed and replaced as herein provided. This Ordinance shall govern and control
the park land and open space within the Town from and after its effective date.
SECTION 10
CUMULATIVE
This Ordinance shall be cumulative of all provisions of Ordinances of the Town of Trophy
Club, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions
of such Ordinances, in which event the conflicting provisions of such Ordinances are hereby
repealed.
SECTION 11
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Publication Clause 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 12
PUBLICATION CLAUSE
The Town Secretary of the Town of Trophy Club is hereby directed to publish in the
Official newspaper of the Town of Trophy Club, the Caption, and Effective Date clause of this
Ordinance for two (2) days as required by Section 52.011 of the Texas Local Government Code.
SECTION 13
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its date of passage and
publication.
AND IT IS SO ORDAINED
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PASSED AND APPROVED by a vote of 5 to 0 , this the 1st
day of June , 1999.
VACAA--4112e
Mayor
Town of Trophy Club, Texas
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
7 11 '74CtoiCH,
Town 6ttoitey
Town of Trophy Club, Texas
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OFF!CIAL COPY 1999
A SUPPLEMENT TO THE
COMPREHENSIVE LAND USE
PLAN
PARK PLAN SECTION
Town of Trophy Club, Texas
May, 1999
DUNKIN SIMS STOFFELS, INC.
Landscape Architects/Planners
Dallas, Texas
PARKS AND OPEN SPACE SUPPLEMENT
Town of Trophy Club, Texas
INTRODUCTION
See page 1 of the Comprehensive Land Use Plan.
GOALS AND OBJECTIVES
The goals and objectives are set forth on page 35 of the Comprehensive Land Use Plan.
PLAN DEVELOPMENT PROCESS AND SERVICE AREA
The Town of Trophy Club decided to make a strong effort to improve the quality of Parks,
open spaces and recreational opportunities available to the Town of Trophy Club. As with any
municipality the development of a Parks and Recreation system is a major undertaking. The
City held a public hearing to review input regarding the needs and desires for the park system
in Trophy Club and prepared a needs analysis based on the participation numbers of
recreational activities in the City. Both of these will be discussed in this plan. The plan will
also identifies the priority listing of recreational elements needed in Trophy Club and the
priority of these needs.
EXISTING FACILITIES
Recreational space and facilities within the Town of Trophy Club are provided in the City Park
System and by private recreation facilities. A complete listing is provided on page 36 of the
Comprehensive Land Use Plan.
PARK CLASSIFICATION SYSTEM
The Trophy Club park system is described on page 39. "STANDARDS AND GUIDELINES FOR
PARK PLANNING."
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NEEDS ASSESSMENT -- IDENTIFICATION OF NEEDS
The recreational facilities the City has to offer its residents should generally be in consonance
with the current and anticipated needs of the community. Anticipated needs can be predicted
based upon generally accepted standards and development guidelines which are related to the
population to be served. Expectation of a community's park and recreational needs is usually
determined through the analysis of material and data furnished by persons actively engaged
in some type of recreational activity. When both are considered and set forth in a logical,
realistic plan and implementation program, a comprehensive park and open space system can
be achieved that will meet long-term active and passive recreational needs of the residents.
This section of the Plan describes and evaluates the needs assessment process used to
determine future park and recreational facilities for the Trophy Club. This assessment and
evaluation process utilizes three approaches for determining park and recreation needs for a
community: (1) public hearings, (2) standard-based and (3) demand-based.
Standard-Based Needs Assessment
This approach is used to assist in the assessment of future recreational needs, and follows
established and recognized standards for assessing the quantity of park land and the number
of facilities that are, or will be, needed to meet the needs of a given population.
Facility-Activity Standard
Two references for facility standards are cited and described below. One source is the
National Recreation and Park Association (NRPA), and the other source is the compilation of
data from various cities within the State. The NRPA has functioned as a source of guidance
for park standards and development for a number of years. The NRPA's standards are
suggested as a guide for partially determining park and open space needs. In various cities
differences will be found in the socioeconomic and cultural characteristics of the population.
Therefore, the range of demands and preferences for recreational activities will also tend to
vary. Obviously, these variances will directly influence a uniform standard for all locations.
NRPA is very specific to point out that their data is to be used only as a partial guide for the
development of local park and open space standards.
Public Hearings
The Town of Trophy Club held a public hearing to receive comments on the park and
recreation needs of the Town. The public hearing was advertised in the local paper and
various civic and athletic organizations were notified. The local baseball, girls softball, and
soccer representatives were present as well as other citizens. The preliminary concern was
the need for boy's baseball and walking trails. This was due to the fact that there are no
public baseball fields in the Town. The Town also has a need for passive walking and
hiking trails.
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The data compiled during preparation of the Plan for various cities within Texas, and the types
of recreational facilities provided by these cities, is shown for comparison purposes. The
listing is not as complete as NRPA standards, but it does show a general representation of an
urbanized area within Texas which can be used by Trophy Club for a general comparison to
NRPA standards. Both sets of data are shown in Table 3.
Table 3
COMPARATIVE DEVELOPMENT STANDARDS
Number of Units per Population
Activity/Facility NRPA Standard Selected Cities
Basketball (outdoor) 1 per 5,000 persons Tennis Court 1 per 2,000 persons Baseball/Softball 1 per 5,000 persons 1 per 4,000 persons
Football 1 per 20,000 persons
Adult Softball 1 per 5,000 persons 1 per 4,000 persons
Soccer 1 per 10,000 persons 1 per 4,350 persons
Volleyball Court 1 per 5,000 persons
Swimming Pool 1 per 20,000 persons 1 per 20,000 persons
Trails
Recreation Center - 1 per 25,000 persons
An important recreational facility that is not listed in Table 3 is the playground structure, one
of which should be provided for each neighborhood park and community park. Many of the
uses cited above would be more appropriate within a large or community park, as opposed to
within a smaller, neighborhood park.
Utilization of the above standard is a valid approach to determine the scope and extent of
recreational activities or facilities that are estimated to be needed for a given population at
some time in the future. Continual analysis of the ratios will be needed to ensure that
adequate facilities are being furnished. The two types of ratios shown in Table 3 (national and
regional) in the following section indicate the need for periodic updating to ensure that the
active parks and recreational needs continue to be met as the City develops.
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Park Area Standard
The types of parks previously discussed identified various park and open space areas which
may be applicable to Trophy Club's future park system. The area standards for each type of
park are helpful in determining the number of acres required for the parks that are selected to
comprise the overall park/open space system. Recommended area standards are summarized
in Table 4, and the respective acreage needed for each type of park are shown for the Town's
current population, which is estimated to be 6,000 persons, and for the Town's projected
population of 15,000.
Table 4
PARK AREA STANDARDS FOR PARK TYPES PER 1,000 PERSONS
Acreage Acreage
Recommended Current for 6,000 for 15,000
Park Type Standard Acreage Persons Persons
Neighborhood 2.5 Acres 0 Acres 15 Acres 37.5 Acres
Active 2.5 Acres 13.6 Acres 15 Acres 37.5 Acres
Regional 3.0 Acres 0 Acres 45 Acres 45.0 Acres
Special Variable 0 Acres
Area Per 1,000
Persons: 8.0 Acres 13.6 Acres 75 Acres 120 Acres
As shown in Table 4, the overall public park acreage is not adequate for community-wide
recreation and leisure purposes. The NRPA now (as of 1995) suggests that park facilities be
based upon level of service (LOS) guidelines rather than strictly upon acreage requirements.
User demand is one of the ways that level of service can be determined in a quantifiable form.
Nevertheless, the acreage requirements shown in Table 4 are helpful in general area planning
and in calculating the overall size (acreage) requirements of the total park/recreation system.
Demand Based Recreational Analysis
The Demand Based Analysis (participation analysis) compares existing participation numbers
in specific recreational programs or activities to specific fields or facilities available. The
participation numbers used for this analysis are from the 1999 spring season. The following
activities were analyzed.
Youth Baseball
Youth Soccer
Youth Softball
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Table 5 evaluates each sport or activity versus the existing field capacity for each sport. In
the evaluation the age of the participant, length of the games, and number of games per week
normally played by a league were taken into consideration.
The horizontal section of the matrix can best be explained by the following:
Games Per Week Per Field Capacity — The number of league games played by each team as
scheduled by the league.
Teams Per Field Per Week — The number of games a single field will support based on length
of game and age of participants.
Existing Teams — The number of teams each league reports to the City for the 1998 season.
Existing Number of League Fields — The number of league fields available in the Town of
Trophy Club inventory.
Field Requirement Per Standard — The number of fields required to serve the number of games
per week based on existing teams (existing teams divided by games per week per field).
Number of Fields Needed to Meet Standard — The number of fields required to meet the fields
requirements.
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Table 5, Recreational Activity Field Capacity Analysis, provides important data which actually
demonstrates the needs for each league and/or activity. However, the matrix does not
account for "rain-out" games, which must be rescheduled, in the formula of games per week
per field depending on climatic conditions within any given year.
Table 5
RECREATIONAL ACTIVITY FIELD CAPACITY ANALYSIS
Games Teams Existing Existing Field Number
Per Per Teams Number Require- Of Fields
Week Field Of ments/ Needed
Per Field Per League Standard To Meet
Capacity Week Fields Standard
Youth 14 14 20 0 2 2
Baseball
Youth
Softball 10 10 7 0 1 1
Soccer 14 14 38 4 3 0
• Youth Baseball includes ages 4-14.
• Capacity fields analysis assumes lighted facilities.
• Youth Softball assumes 3 games per night.
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For comparison purposes, and for analyzing future needs, recreational activities are shown in
Table 6 based upon NRPA demand standards. These do vary from local needs, as is evident
when comparing the two columns: facilities and units for the present population of 6,000
persons and for a projected future population of 15,000.
Table 6
RECREATION DEMAND PER DEVELOPMENT STANDARDS
Recommended Current Units for Units for
Activity/Facility Standard Facilities 6,000 Pop. 1 5,000Pop.
Multi-Purpose Court (outdoor) 1 per 5,000 persons 1 2 3
Tennis Courts 1 per 2,000 persons 2 3 8
Softball 1 per 4,000 persons 1 2 4
Football 1 per 20,000 persons 0 1 1
Adult Softball 1 per 4,000 persons 0 2 4
Soccer 1 per 4,500 persons 4 2 4
Volleyball Court 1 per 7,500 persons 1 2 2
Swimming Pool 1 per 20,000 persons 0 0 1
Trails As many as feasible -- -- --
Recreation Center 1 per 25,000 persons 0 0 1
Playground 1 per 4,000 persons 1 2 4
Baseball 1 per 4,000 persons 0 0 4
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PARK AND OPEN SPACE PLAN RECOMMENDATIONS
As shown in the comparison of Table 4 and Table 5, Trophy Club is deficient in the total
amount of acreage and facilities needed for park use.
The future park plan shows the proposed park system the City should strive to implement
related to the future land use plan. The following is a description of proposed park and open
space system requirements:
Neighborhood Parks
Currently, there is not enough neighborhood park acreage for the Town of Trophy Club. There
will be a need for new neighborhood parks which are strategically located to fulfill the needs
for this type of park facility in the future. Future neighborhood parks should be developed
within the City to provide recreational opportunities for existing and future residents.
Page 41 in the Comprehensive Land Use Plan indicates the location of future neighborhood
park sites. Future neighborhood parks are shown adjacent to the proposed thoroughfare,
wherever possible. Each proposal is shown within a possible growth area for future residential
development. Each of the proposed neighborhood park sites should be approximately seven
to ten acres. Meeting the neighborhood park standard is important, but more important is the
furnishing of adequate neighborhood parks and recreational facilities convenient to the
residents in neighborhood areas.
Regional and Community Parks
The Town is currently evaluating the feasibility of obtaining a long-term lease from the U.S.
Army Corp of Engineers for property adjacent to Lake Grapevine. The ultimate use of this
property would provide passive open space and land for major sports complex. This project
is in the preliminary planning phase.
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PLAN IMPLEMENTATION
The Town of Trophy Club Os approach to implementing the Park & Open Space Master Plan
should be to develop a strategy for securing monies from the annual budget, the approval and
sale of bonds or warrants, and making applications for any applicable grants. Accomplishing
what is needed for upgrading the park system will occur over a period of time. It is
recommended that the Park & Open Space Master Plan be reviewed every five years;
however, a reasonable goal to accomplish a single major project would be the priority listing
would be three to five years. The most effective method to use in developing this strategy
will be a capital improvements program for park land acquisition and development.
A capital improvements program (CIP) identifies projects, establishes their cost, prioritizes each
project by need and year of completion, and identifies the sources of funding. This approach
is designed to allow annual review and reassessment of projects to determine if rescheduling
is needed due to changes in needs or funding. The program does make a statement of intent
to accomplish improvements in an orderly manner as funds are foreseen to be available.
Table 6 is a recommended beginning for a five-year program, ranked in order of priority.
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TYPICAL PRIORITY LISTING
FIVE-YEAR CAPITAL IMPROVEMENTS PROGRAM FOR
PARK, RECREATION AND OPEN SPACE FACILITY DEVELOPMENT
Town of Trophy Club, Texas
Priority Project Year(s) Estimated Cost Source(s) of
Funds
1 . Hike & Bike 1999-2002 $130,000/mile Bond, TP&W
Trails 10' wide Grant
2. Baseball Fields 1999-2002 $200,000 each Bond, TP&W
Grant
3. Soccer Fields 1999-2002 $125,000 each Bond, TP&W
Grant
4. Playgrounds 1999-2002 $50,000 Bond, TP&W
Grant
5. Picnic Tables 1999-2002 $1,750 each Bond, TP&W
Grant
6. Park Benches 1999-2005 $ 1,000 each Bond, TP&W
Grant
7. Picnic Pavilions 1999-2002 $50,000 each Bond, TP&W
Grant
8. Adult Softball 1999-2002 $200,000 each Bond, TP&W
Grant
9. Tennis Courts 1999-2002 $60,000 each Bond, TP&W
Grant
Estimates are based on lighted facilities.
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Town of Trophy Club, Texas
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