Agenda Packet TC 11/10/2015Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMTuesday, November 10, 2015
CALL TO ORDER AND ANNOUNCE A QUORUM
INVOCATION
PLEDGES
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
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. You may speak up to four (4) minutes or the time limit
determined by the Mayor or presiding officer. To speak during this item you must
complete the Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
INTRODUCTION
1.2015-0741-T Introduction of Police Officer Barry Sullivan with Police K-9 Officer Indy.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council
and will be enacted by one motion. There will not be a separate discussion of these
items. If discussion is desired, that item will be removed from the consent agenda and
will be considered separately.
2.2015-0720-T Consider and take appropriate action regarding the Minutes dated October 13, 2015.
Draft TC Minutes October 13, 2015.pdfAttachments:
3.2015-0721-T Consider and take appropriate action regarding an Agreement between the Town of
Trophy Club and Blue Emergency Services Team Emergency Medical Services (BEST
EMS) for Medical Director for operations in Emergency Medical Services; and
authorizing the Mayor or his designee to execute all necessary documents.
Staff Report - Medical Director Agreement.pdf
Fire Department EMS Medical Director Agreement.pdf
Attachments:
Town Council Page 1 of 282 Meeting Date: November 10, 2015
November 10, 2015Town Council Meeting Agenda
4.2015-0740-T Consider and take appropriate action regarding a Resolution to evidence the adoption
of the Town of Trophy Club’s Hazardous Mitigation Action Plan (HMAP); and providing
an effective date.
Staff Report - HMAP Resolution.pdf
RES 2015-35 - Adopting Hazard Mitigation Action Plan.pdf
Attachments:
REGULAR SESSION
5.2015-0722-T Consider and take appropriate action regarding a Resolution adopting a policy
authorizing the Mayor to direct that the United States flag be lowered to half-staff at
designated times; and providing an effective date.
RES 2015-38 - Proposed Flag Lowering Policy.pdfAttachments:
6.2015-0723-T Consider and take appropriate action regarding a Resolution of the Town Council
casting it's twenty-two (22) allocated votes for a person or persons to serve as a
member of the Denton Central Appraisal District Board of Directors; and providing an
effective date.
Denton Central Appraisal District Letter.pdf
RES 2015-36 - DCAD Board Votes.pdf
Attachments:
7.2015-0724-T Consider and take appropriate action regarding a Resolution of the Town Council
casting it's one (1) allocated vote for a person to serve as a member of the Tarrant
Appraisal District Board of Directors; and providing an effective date.
Tarrant Appraisal District Letter.pdf
RES 2015-37 - TAD Board Vote.pdf
Attachments:
8.2015-0727-T Consider and take appropriate action regarding a Non-Exclusive Use Agreement
between the Town and Bobcat Youth Football Organization for the use of portions of
Independence Park for football events; providing terms of usage; and authorizing the
Mayor or his designee to execute all necessary documents.
Staff Report - Bobcat Youth Football Organization Non-Exclusive Use Agreement.pdf
Bobcat Youth Football Organization Non-Exclusive Use Agreement.pdf
Independence East Football Facility Location Map.pdf
Attachments:
9.2015-0730-T Consider and take appropriate action regarding an ordinance of the Town amending
Article 2, “Traffic and Vehicles” of Chapter 10, “Public Safety” of the Code of
Ordinances repealing Section 2.05(E), “Overnight Parking” and adopting a new Section
2.05(E) “Overnight Parking” regulating the parking of vehicles between the hours of
3:00 a.m. and 5:00 a.m. each day; providing a penalty; and providing an effective date.
Staff Report - Amending Overnight Parking.pdf
Current ORD 2011-39.pdf
Draft ORD 2015-40 - Amending Overnight Parking.pdf
Attachments:
Town Council Page 2 of 282 Meeting Date: November 10, 2015
November 10, 2015Town Council Meeting Agenda
10.2015-0732-T Town Manager Seidel's update regarding the following; discussion and provide input
regarding same.
*Joint Police and Town Hall Facility
*Christmas Event
*Police K-9 Officer Badge Pinning Ceremony
*PID Bond Refunding
*Pebble Beach
*Economic Development
11.2015-0733-T Items for Future Agendas to include discussion of Agenda Items for consideration on
the upcoming Regular Session Council Agenda for December 8, 2015 meeting and
discussion of Future Agenda Items, to include discussion of the below item from the
Future Agenda List:
A) Consider and take appropriate action regarding adding a parking lot between the
baseball fields. (Reed 8/11/2015) (1-November 10)
December 8, 2015 Upcoming Agenda.pdf
Items for Future Agendas updated 11-3-2015.pdf
Attachments:
EXECUTIVE SESSION
12.2015-0734-T Pursuant to the following designated sections of the Texas Government Code,
Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into
closed executive session to discuss the following:
Texas Government Code Section 551.071(2) Consultation with Attorney, in order to
consult with its attorney on a matter in which the duty of the attorney to the
Governmental Body under the Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflict with the Open Meetings Act:
A) Legal Advice regarding water rate review request, and Public Utility
Commission of Texas appeal process
RECONVENE INTO REGULAR SESSION
13.2015-0735-T Consider and take appropriate action regarding the Executive Session.
ADJOURN
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
Town Council Page 3 of 282 Meeting Date: November 10, 2015
November 10, 2015Town Council Meeting Agenda
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on November 5, 2015, by 5:30 p.m.
in accordance with Chapter 551, Texas Government Code.
Holly Fimbres
Town Secretary/RMO
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in
advance, and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2015.
________________________________, Title: ___________________________
Town Council Page 4 of 282 Meeting Date: November 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0741-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/3/2015 Town Council
On agenda:Final action:11/10/2015
Title:Introduction of Police Officer Barry Sullivan with Police K-9 Officer Indy.
Attachments:
Action ByDate Action ResultVer.
Introduction of Police Officer Barry Sullivan with Police K-9 Officer Indy.
Town Council Page 5 of 282 Meeting Date: November 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0720-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:10/30/2015 Town Council
On agenda:Final action:11/10/2015
Title:Consider and take appropriate action regarding the Minutes dated October 13, 2015.
Attachments:Draft TC Minutes October 13, 2015.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the Minutes dated October 13, 2015.
Town Council Page 6 of 282 Meeting Date: November 10, 2015
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MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, October 13, 2015 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, October 13, 2015. The
meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders Mayor
Greg Lamont Mayor Pro Tem, Place 5
Jim Parrow Council Member, Place 1
Garrett Reed Council Member, Place 2
Rhylan Rowe Council Member, Place 3
Tim Kurtz Council Member, Place 4
Philip Shoffner Council Member, Place 6
STAFF AND GUEST(S) PRESENT:
Steven Glickman Assistant Town Manager/CFO
Patricia Adams Town Attorney
Holly Fimbres Town Secretary/RMO
Patrick Arata Police Chief
Pat Cooke Development Services Manager
Ron Ruthven Town Planner
John Zagurski Strategic Services Coordinator
Mayor Sanders announced the date of Tuesday, October 13, 2015, called the Town Council to order and
announced a quorum at 7:00 p.m.
The Invocation was offered by Mayor Sanders.
The Pledges were led by Council Member Rowe.
(Town Secretary Note: The agenda items were presented in the following order: Citizen Presentations; Consent
Agenda; Item No. 11; Item No. 12; Item No. 13; Item No. 15; Item No. 16; Item No. 17; Item No. 14; Executive
Session; Item No. 22; Item No. 18; Item No. 19; and Item No. 20)
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. You may speak up to four (4) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the
topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority.
There were no citizen presentations.
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CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one
motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed
from the consent agenda and will be considered separately.
1. Consider and take appropriate action regarding the Minutes dated September 8, 2015. (Town Secretary
Note: Approved as presented at the dais)
2. Consider and take appropriate action regarding an Interlocal Joint Election Agreement between the Town
and the Tarrant County Elections Administrator for administration of the Town’s November 3, 2015 Special
Election; authorizing the payment of fees; and authorizing the Mayor or his designee to execute all
necessary documents.
Attachment A – Interlocal Joint Election Agreement
3. Consider and take appropriate action regarding financial and variance report dated August 2015.
4. Consider and take appropriate action regarding an agreed termination of Service Contract between the
Town and Economic Development Corporation 4B for payment of principal and interest for the construction
of a municipal park and swimming pool.
Attachment B – Partially Executed – Termination of Service Contract
5. Consider and take appropriate action regarding an Interlocal Agreement between the Town and Denton
County for Public Safety Application Support and Maintenance; and authorizing the Mayor or his designee
to execute all necessary documents.
Attachment C – Partially Executed – Public Safety Application Support and Maintenance Agreement
6. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-41 authorizing
participation in various cooperative purchasing programs and adopting a new resolution authorizing
participation in various cooperative purchasing programs in accordance with the Town’s Procurement
Policies and Procedures; authorizing execution of any and all necessary agreements for participation in the
cooperative programs by the Mayor or his designee; approving related contracts and the payment of
related fees in accordance with the budget; and providing an effective date.
Attachment D – Resolution No. 2015-33
7. Consider and take appropriate action regarding a Meritorious Exception for a wall sign proposal located at
800 Trophy Club Drive, the property being located in the NS-Neighborhood Services zoning district.
8. Consider and take appropriate action regarding a Meritorious Exception for a development sign proposal
located at 3000 SH 114, the property being located in the PD 25 zoning district.
9. Consider and take appropriate action regarding a Lease Agreement between the Town and Verizon
Wireless, and authorizing the Mayor or his designee to execute all necessary documents.
Attachment E – Partially Executed – Verizon Land Lease Agreement (Crooked Creek)
10. Consider and take appropriate action regarding a Resolution of the Town Council adopting an investment
policy; and providing an effective date.
Attachment F - Resolution No. 2015-32
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Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve the Consent Agenda
Items 1 through 10.
Motion passed unanimously.
REGULAR SESSION
11. Receive public input regarding the Police and Town Hall facility; discussion of same.
There was no one present that wished to speak regarding the item.
No action was taken on this item.
12. Receive an update from Freese and Nichols regarding the Hazardous Mitigation Action Plan (HMAP);
consider and take appropriate action regarding same; discussion of same.
Attachment G – Freese and Nichols HMAP Presentation
Katie Hogan, Stormwater Engineer with Freese and Nichols, provided a presentation regarding the HMAP, which
included: What is an HMAP; Why; When - Project Timeframe; How – HMAP Development; Public Involvement; Risk
Assessment for 8 Hazards; Example – Tornado Risk Assessment; Mitigation Action Plan; Mitigation Actions –
Tornado; Plan Adoption and Approval; and Plan Maintenance.
Mayor Pro Tem Lamont commented that the list of Steering Committee members is outdated.
Discussion took place that the study was funded through the drainage fund and that having an approved HMAP
allows the ability to apply for various grant programs through Federal Emergency Management Agency (FEMA).
Kelly Dillard, Stormwater Group Manager with Freese and Nichols, commented that the HMAP will have to be
updated every five years. She added that there is an opportunity every year to apply for funding through the grant
assistance program for construction projects that eliminate or prevent flooding within the community.
Motion:
Motion made by Council Member Parrow, seconded by Council Member Rowe, to approve the HMAP as presented
with the appropriate changes to the personnel listed under the Steering Committee members.
Motion passed unanimously.
13. Consider and take appropriate action regarding an Economic Development Agreement between the Town,
Tax Increment Reinvestment Zone No. 1, Economic Development Corporation 4B, and Old Town
Development (OTD) TC, LLC and OTD TC2, LLC, and authorizing the Mayor or his designee to execute all
necessary documents.
Attachment H – OTD Economic Development Agreement
Town Attorney Adams commented that there were some slight differences between the term sheet and
agreement due to amendments that were made by the developer’s lender, as necessary for the financing of the
project.
Motion:
Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to approve the Economic
Development Agreement between the Town, Tax Increment Reinvestment Zone No. 1, Economic Development
Corporation 4B, and Old Town Development (OTD) TC, LLC and OTD TC2, LLC, as presented, and authorize the
Mayor or his designee to execute all necessary documents.
Motion passed unanimously.
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14. Discussion regarding a resident request for a water rate review; and consider and take appropriate action
regarding same.
Attachment I – Bill Rose Winter Averaging - Rate Appeal Presentation
Bill Rose, 219 Inverness Drive, provided an update regarding the request for a water rate review and stated that
the Public Utility Commission of Texas appeal process requires 10 percent of the Trophy Club Municipal Utility
District (TCMUD) No. 1 customers, 429 signatures were obtained, and that the appeal was mailed on October 8,
2015 but is pending a docket number. He commented that the TCMUD No. 1 has funded an amount within their
legal budget for a rate appeal, and that the Texas Office of Public Utility Counsel remarked that the cost of a rate
appeal is approximately $100,000 plus depending upon the duration of a contested case hearing. He added that
he would advocate that the TCMUD No. 1 not be allowed to pass the cost on to the customers. Additionally, he
commented that he will be proposing to the TCMUD No. 1, at their next meeting, to end the rate appeal with a just
and reasonable resolution.
Mayor Sanders commented that several emails have come through from PID residents encouraging the Town to
join the appeal, and he noted that if the Town were to join there would be a cost to hire consultants to manage
the appeal process.
Discussion took place regarding the cost of the appeal and the potential to have those costs passed on to the
TCMUD No. 1 customers.
Council Member Kurtz inquired what the benefit was for the PID residents to participate with the appeal.
Mr. Rose commented that he personally believed that the benefit would be that it would offer them a seat at the
table.
Discussion ensued related to how the Texas Office of Public Utility Counsel is funded, the possibility that the
Counsel may not take the case and if they do not take the case then Mr. Rose would still receive a hearing.
Additional conversation took place that if the PID residents joined the appeal, there would be another $100,000
added to the cost, which could be passed on to both TCMUD No. 1 customers and PID residents.
Mr. Rose displayed charts that he produced regarding possible winter averaging savings.
TCMUD No. 1 Board Director Neil Twomey stated that he does not want his taxpayer dollars used to go towards
this. He commented that the Board reviewed winter averaging and that they did not observe any cost savings. He
added that if the rate formula were changed, there would be a possibility that residents with smaller homes would
end up paying more. Additionally, he stated that he was unable to see any cost savings from any documentation
that Mr. Rose had provided to the Board, and commented that their rates are lower than the surrounding areas.
(Town Secretary Note: Council entered into Executive Session to seek Legal Advice on the item)
15. Consider and take appropriate action regarding a request for a Site Plan for the expansion of the Trophy
Club Municipal Utility District Wastewater Treatment Facility including consideration and action on related
waivers to the Town’s Landscaping, Parking Lot Paving and Fire Lane Requirements on 10.58 acres located in
the Mary Medlin Survey, Abstract 832 on Junction Way; discussion of terms of the October 7, 2015 Right of
Way Encroachment and Joint Use Agreement letter.
Attachment J – TCMUD No. 1 Site Plat Presentation
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Town Planner Ruthven recommended incorporating Exhibit F, revised sheets showing all existing fences, and to
replace the corresponding pages listed in Exhibit B, Site Plan. Additionally, he provided an update regarding the
Planning and Zoning Commission recommendations at their October 1, 2015, meeting.
Mayor Pro Tem Lamont requested that the Council discuss each of the waiver requests and inquired about the fire
lane dimensions.
Fire Chief Thomas commented that the adopted 2009 International Fire Code requires that the fire lane width be
20 feet but that the adopted North Central Texas Council of Governments (NCTCOG) amendments extended the
width to 24 feet.
Development Services Manager Cooke added that the minimum turning radius is 25 feet.
Discussion took place that the new fire truck would be able to make the turn without hitting the building.
Additional discussion took place regarding the closest fire hydrant from the front of the property and from the rear
of the property. There was discussion that it is common to have water lines within right-of-way.
Main Motion:
Motion made by Council Member Rowe, seconded by Council Member Kurtz, to approve the Site Plan with Exhibit
F and Exhibit G, subject to the conditions approved by the P&Z Commission with the exception of the tree
requirement: 1) Show the location of all existing fences on the entire lot including the fence around the Parks barn;
and 2) Recommend approval of all waivers as requested including a full landscape waiver.
Motion to Amend:
Motion to Amend made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to require the
complete removal of the non-conforming large billboard sign on the northeast side of the property.
Mayor Sanders asked if the applicant had any questions and there was no one that wished to speak.
The vote for the Motion to Amend was taken, to require the complete removal of the non-conforming large
billboard sign on the northeast side of the property.
Motion passed unanimously.
Mayor Sanders asked if there was anyone who wished to speak regarding the item and there was no one that
wished to speak.
The vote for the Main Motion as Amended was taken, to approve the Site Plan with Exhibit F and Exhibit G
subject to the conditions approved by the P&Z Commission with the exception of the tree requirement: 1) Show
the location of all existing fences on the entire lot including the fence around the Parks barn; and 2) Recommend
approval of all waivers as requested including a full landscape waiver; and to require the complete removal of the
non-conforming large billboard sign on the northeast side of the property.
Motion passed unanimously.
16. Consider and take appropriate action regarding proposed Town Council meeting dates for November and
December 2015.
Discussion took place to cancel the regularly scheduled Council meetings on November 24, 2015 and December 22,
2015, and to call a Special Council meeting on November 11, 2015, to canvass the election results. Additional
discussion took place that there may be a need to call a Special Council meeting in November in order to take
action on a bond refunding regarding the Public Improvement District (PID) No. 1.
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17. Consider and take appropriate action regarding an Ordinance of the Town repealing Article IV, “Sign
Regulations” of Chapter 5, “General Land Use” of the Code of Ordinances of the Town, and adopting a new
Article IV, “Sign Regulations” of Chapter 5, “General Land Use” in order to regulate signage within the Town,
providing for amendments; providing a penalty for violation not to exceed $500 per day; providing for
publication; and providing an effective date.
Attachment K - Ordinance No. 2015-23
Discussion took place that the requirement for written permission from a property owner, within the ordinance,
would include electronic permission. Additional discussion took place that the drought contingency signs are
allowable as one method for the TCMUD No. 1 to provide public notification, but the signs would have to comply
with the ordinance provisions.
Mayors Sanders commented that he did not believe that citizens had adequate time to review the changes made
to the sign ordinance.
Motion:
Motion made by Council Member Reed, seconded by Council Member Parrow, to approve Ordinance 2015-23,
repealing Article IV, “Sign Regulations” of Chapter 5, “General Land Use” of the Code of Ordinances of the Town,
and adopting a new Article IV, “Sign Regulations” of Chapter 5, “General Land Use” in order to regulate signage
within the Town, providing for amendments; providing a penalty for violation not to exceed $500 per day, as
presented at the dais.
Motion carried 6-1-0 with Mayor Pro Tem Lamont and Council Members Parrow, Reed, Rowe, Kurtz, and Shoffner
voting for, and Mayor Sanders voting against.
18. Town Council Liaison Updates; discussion of same:
*Economic Development Corporation 4B, October 5, 2015
Council Liaison - Council Member Rhylan Rowe
Provided update, no action taken, just discussion.
19. Town Manager Seidel's update regarding the following; discussion and provide input regarding same.
*Early Voting Dates
*Fall Fest
*Community Garage Sale
Assistant Town Manager/CFO Glickman updated the Council and addressed questions, no action taken, update
only.
20. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular
Session Council Agenda for October 27, 2015 meeting and discussion of Future Agenda Items, to include
discussion of the below item from the Future Agenda List:
This item allows Council to request the placement of items on upcoming agendas when the topic of discussion
requires research and review that cannot be accomplished in the time frame between regular Council meetings.
However, a Council Member may request that an item be placed on the next regularly scheduled meeting without
first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter
requirements.
A) Receive an update only regarding the Holiday Inn and have the owner and general contractor present in
order to inform the citizens of their status. (Reed 4/28/15) (1-July 28) (2-October 13)
Mayor Pro Tem Lamont inquired about revising the language of Item A, under the Future Agenda Items, that was
listed on the October 27, 2015, Council agenda.
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Council Member Parrow stated that he agreed to revise the language to state, “Discuss authorizing the Mayor to
issue a proclamation to lower flags to half-staff at times of National tragedy when there is a delay in doing so”.
Mayor Sanders requested to have Item No. 7, Review of ordinance to allow golf carts but not including special
vehicles, and Item No. 9, Review the overnight parking permit and review allowing an extended temporary permit,
from the Town Council Future Agenda List to be presented in the near future.
EXECUTIVE SESSION
21. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act), the Council will convene into closed executive session to discuss the following:
Texas Government Code Section 551.071(2) Consultation with Attorney, in order to consult with its attorney
on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act:
(A) Legal Advice regarding water rate review request, and Public Utility Commission of Texas appeal
process
CONVENED INTO EXECUTIVE SESSION – START TIME – 8:27 P.M.
RECONVENED INTO REGULAR SESSION – START TIME – 9:07 P.M.
RECONVENED INTO REGULAR SESSION
22. Consider and take appropriate action regarding the Executive Session.
Motion:
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to refer the item to the Town
Attorney and Town Manager to seek further legal advice.
Substitute Motion:
Substitute Motion made by Council Member Shoffner, seconded by Council Member Rowe, to refer the item to the
newly formed Town Council Finance Subcommittee for further evaluation.
Council Member Shoffner commented that it was warranted to have the Subcommittee evaluate the options and
review the item further before the Council made a decision.
Council Member Reed and Council Member Rowe spoke in favor of the Substitute Motion.
The vote was taken for the Substitute Motion, to refer the item to the newly formed Town Council Finance
Subcommittee for further evaluation.
Motion passed unanimously.
ADJOURN
Motion made by Council Member Parrow, seconded by Council Member Reed, to adjourn. Motion carried
unanimously. Meeting adjourned at 9:20 p.m.
___________________________________ ___________________________________
Holly Fimbres, Town Secretary/RMO C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
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ATTACHMENT A
Interlocal Joint Election Agreement
Town Council Minutes October 13, 2015 Page 8 of 213Town Council Page 14 of 282 Meeting Date: November 10, 2015
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THE STATE OF TEXAS
COUNTY OF TARRANT
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
THIS CONTRACT for election services is made by and between the Tarrant County Elections Administrator and
the following political subdivisions located entirely or partially inside the boundaries of Tarrant County:
City of Benbrook City of Richland Hills
Town of Flower Mound Town of Trophy Club
City of Grapevine City of White Settlement
City of Haltom City Godley Independent School District
City of Keller Mansfield Independent School District
City of Lake Worth
This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code
Section 11.0581 for a joint November 3, 2015 election to be administered by Frank Phillips, Tarrant County Elections
Administrator, hereinafter referred to as "Elections Administrator."
RECITALS
Each participating authority listed above plans to hold a general and/or special election on November 3, 2015.
Tarrant County plans to hold a special election county -wide for the purpose of voting on proposed constitutional
amendments on November 3, 2015.
The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1),
which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and
is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section
61.012. The contracting political subdivisions desire to use the County's electronic voting system and to compensate the
County for such use and to share in certain other expenses connected with joint elections in accordance with the
applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS
AGREED as follows:
I. ADMINISTRATION
The parties agree to hold a "Joint Election" with Tarrant County and each other in accordance with Chapter 271 of
the Texas Election Code and this agreement. The Tarrant County Elections Administrator shall coordinate, supervise,
and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority
agrees to pay the Tarrant County Elections Administrator for equipment, supplies, services, and administrative costs as
provided in this agreement. The Tarrant County Elections Administrator shall serve as the administrator for the Joint
Election; however, each participating authority shall remain responsible for the decisions and actions of its officers
necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection
with decisions to be made and actions to be taken by the officers of each participating authority as necessary.
It is understood that other political subdivisions may wish to participate in the use of the County's electronic
voting system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for
election services for those purposes on terms and conditions generally similar to those set forth in this contract. In such
cases, costs shall be pro -rated among the participants according to Section XI of this contract.
Page 1 of 9
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At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no
instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the
voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not
overlap.
LEGAL DOCUMENTS
Each participating authority shall be responsible for the preparation, adoption, and publication of all required
election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the
participating authority's governing body, charter, or ordinances, except that the Elections Administrator shall be
responsible for the preparation and publication of all voting system testing notices that are required by the Texas Election
Code.
Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each
participating authority, including translation to languages other than English. Each participating authority shall provide a
copy of their respective election orders and notices to the Tarrant County Elections Administrator.
It is understood by all parties that there will be no preclearance submission to the United States Department of
Justice made by the Elections Administrator related to the joint election.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all election day voting
locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections
conducted by the county, and shall be compliant with the accessibility requirements established by Election Code Section
43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this
agreement. In the event that a voting location is not available or appropriate, the Elections Administrator will arrange for
use of an alternate location with the approval of the affected participating authorities. The Elections Administrator shall
notify the participating authorities of any changes from the locations listed in Attachment A.
If polling places for the November 3, 2015 joint election are different from the polling place(s) used by a
participating authority in its most recent election, the authority agrees to post a notice no later than November 2, 2015 at
the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the
political subdivision's polling place names and addresses in effect for the November 3, 2015 election. This notice shall be
written in both the English and Spanish languages.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Tarrant County shall be responsible for the appointment of the presiding judge and alternate judge for each
polling location. The Elections Administrator shall make emergency appointments of election officials if necessary.
Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling
place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of
1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2010 Census
shall have one or more election official who is fluent in both the English and Spanish languages. If a presiding judge is
not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for
the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating
authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation
services at that polling place.
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The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of
Chapter 32 of the Texas Election Code, and will take the necessary steps to ensure that all election judges appointed for
the Joint Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The
Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election
supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his
appointment, the time and location of training and distribution of election supplies, and the number of election clerks that
the presiding judge may appoint.
Each election judge and clerk will receive compensation at the hourly rate established by Tarrant County pursuant
to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the
election supplies prior to election day and for returning the supplies and equipment to the central counting station after the
polls close.
Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated
at the same hourly rate that they are to be paid on election day.
The Elections Administrator may employ other personnel necessary for the proper administration of the election,
including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during
early voting and on election day, and for the efficient tabulation of ballots at the central counting station. Part-time
personnel working as members of the Early Voting Ballot Board and/or central counting station on election night will be
compensated at the hourly rate set by Tarrant County in accordance with Election Code Sections 87.005, 127.004, and
127.006.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited
to, official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the
election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each
polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance
shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is
ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap.
The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other
information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a
proper election.
Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions
showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official
ballot (including titles and text in each language in which the authority's ballot is to be printed). Each participating
authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority's candidates
and/or propositions.
Early Voting by Personal Appearance shall be conducted exclusively on Tarrant County's eSlate electronic voting
system. On election day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper
ballot that is scanned at the polling place using Tarrant County's eScan voting system. Provisional ballots cast on election
day will be cast only on the eSlate electronic voting system to prevent the possibility of paper provisional ballots from
being immediately counted via the eScan ballot scanner.
The number of paper ballots printed for election day voting shall be, at a minimum, equal to the same election day
turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per
polling place or precinct adjusted upward to end in a number divisible by 50.
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The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment
for the election as required by the Election Code.
The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as
required by Election Code Section 129.051(g).
VI. EARLY VOTING
The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the
Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating
authority agrees to appoint the Elections Administrator's permanent county employees as deputy early voting clerks. The
participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to
assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be
compensated at an hourly rate set by Tarrant County pursuant to Section 83.052 of the Texas Election Code. Deputy
early voting clerks who are permanent employees of the Tarrant County Elections Administrator or any participating
authority shall serve in that capacity without additional compensation.
Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment "B" of this
document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting
locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by
mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted
by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections
Administrator for processing.
The Elections Administrator shall post on the county website each participating authority's early voting report on a
daily basis and a cumulative final early voting report following the close of early voting. In accordance with Section
87.121( g) of the Election Code, the daily reports showing the previous day's early voting activity will be posted to the
county website no later than 8:00 AM each business day.
VII. EARLY VOTING BALLOT BOARD
Tarrant County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint
Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional
members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to
efficiently process the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the central and remote counting
stations to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this
agreement.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas
Election Code, appoint the following central counting station officials:
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Counting Station Manager: Frank Phillips, Tarrant County Elections Administrator
Tabulation Supervisor: Stephen Vickers, Assistant Elections Administrator
Presiding Judge: David Herrington
Alternate Judge: Emma Allen
The counting station manager or his representative shall deliver timely cumulative reports of the election results
as precincts report to the central and remote counting stations and are tabulated. The manager shall be responsible for
releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and
general public by distribution of hard copies at the central counting station and by posting to the Tarrant County web site.
To ensure the accuracy of reported election returns, results printed on the tapes produced by Tarrant County's voting
equipment will not be released to the participating authorities at the remote collection sites or by phone from individual
polling locations.
The Elections Administrator will prepare the unofficial canvass reports that are necessary for compliance with
Election Code Section 67.004 after all precincts have been counted, and will deliver a copy of these unofficial canvass
reports to each participating authority as soon as possible after all returns have been tabulated. Each participating
authority shall be responsible for the official canvass of its respective election(s).
The Elections Administrator will prepare the electronic precinct -by -precinct results reports for uploading to the
Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload
these reports for each participating authority unless requested otherwise.
The Elections Administrator shall be responsible for conducting the post-election manual recount required by
Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies
of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State's Office.
IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE TARRANT COUNTY
The Elections Administrator shall administer only the Tarrant County portion of the election held by the City of
Azle, City of Burleson, City of Crowley, Town of Flower Mound, City of Fort Worth, City of Grand Prairie, City of
Grapevine, City of Haslet, City of Mansfield, City of Newark, City of Reno, City of Roanoke, City of Southlake, Town of
Trophy Club, City of Westlake, Aledo ISD, Azle ISD, Burleson ISD, Crowley ISD, Godley ISD, Grapevine-Colleyville ISD,
Lewisville ISD Mansfield ISD, Northwest ISD and Trophy Club MUD #1.
X. RUNOFF ELECTIONS
Each participating authority shall have the option of extending the terms of this agreement through its runoff
election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless
the participating authority notifies the Elections Administrator in writing within 3 business days of the original election.
Each participating authority shall reserve the right to reduce the number of early voting locations and/or election
day voting locations in a runoff election.
Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the
November 3, 2015 election and to conduct its drawing for ballot positions at or immediately following such meeting in
order to expedite preparations for its runoff election.
Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if
necessary, shall be December 8, 2015 with early voting held November 23, 2015 through December 4, 2015.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
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The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs,
unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the
average cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing
the expenses equally among the total number of polling places. Costs for polling places shared by more than one
participating authority shall be pro -rated equally among the participants utilizing that polling place.
It is agreed that charges for election day judges and clerks and election day polling place rental fees shall be
directly charged to the appropriate participating authority rather than averaging those costs among all participants.
If a participating authority's election is conducted at more than one election day polling place, there shall be no
charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has
fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in
all of the authority's polling places is less than the 50% threshold, the participating authority shall pay a pro -rata share of
the costs associated with the polling place where it has the greatest number of registered voters.
Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with
each early voting site. Each participating authority shall be responsible for a pro -rata portion of the actual costs
associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular
non -temporary) early voting site within their jurisdiction shall pay a pro -rata portion of the nearest regular early voting site.
Costs for Early Voting by Mail shall be allocated according to the actual number of ballots mailed to each
participating authority's voters.
Participating authorities having the majority of their voters in another county, and fewer than 500 registered voters
in Tarrant County, and that do not have an election day polling place or early voting site within their jurisdiction shall pay a
flat fee of $400 for election expenses.
Each participating authority agrees to pay the Tarrant County Elections Administrator an administrative fee equal
to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code.
The Tarrant County Elections Administrator shall deposit all funds payable under this contract into the appropriate
fund(s) within the county treasury in accordance with Election Code Section 31.100.
XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in
accordance with Sections 2.051 - 2.053 of the Texas Election Code. The withdrawing authority is fully liable for any
expenses incurred by the Tarrant County Elections Administrator on behalf of the authority plus an administrative fee of
ten percent (10%) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority
shall be refunded, minus the aforementioned expenses and administrative fee if applicable.
It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the
remaining participating authorities, with the exception of the early voting site located at the Tarrant County Elections
Center, may be dropped from the joint election unless one or more of the remaining participating authorities agree to fully
fund such site(s). In the event that any early voting site is eliminated under this section, an addendum to the contract
shall be provided to the remaining participants within five days after notification of all intents to withdraw have been
received by the Elections Administrator.
XIII. RECORDS OF THE ELECTION
The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint
Election as authorized by Section 271.010 of the Texas Election Code.
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Access to the election records shall be available to each participating authority as well as to the public in
accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election
records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county
records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the
records are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of
the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or
open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment,
whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections
Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed
with the participating authority.
XIV. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the
presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the
Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating
authority's official or employee who performs the duties of a secretary under the Texas Election Code shall serve as
Recount Coordinator.
The Elections Administrator agrees to provide advisory services to each participating authority as necessary to
conduct a proper recount.
XV. MISCELLANEOUS PROVISIONS
1. It is understood that to the extent space is available, other districts and political subdivisions may wish to
participate in the use of the County's election equipment and voting places, and it is agreed that the
Elections Administrator may contract with such other districts or political subdivisions for such purposes
and that in such event there may be an adjustment of the pro -rata share to be paid to the County by the
participating authorities.
2. The Elections Administrator shall file copies of this document with the Tarrant County Judge and the
Tarrant County Auditor in accordance with Section 31.099 of the Texas Election Code.
3. Nothing in this contract prevents any party from taking appropriate legal action against any other party
and/or other election personnel for a breach of this contract or a violation of the Texas Election Code.
4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Tarrant County, Texas.
5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local
governments, and any other entities with local jurisdiction.
7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be
construed as a waiver of any subsequent breach.
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8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto.
XVI. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authority under the terms of this agreement is listed below.
Each participating authority agrees to pay the Tarrant County Elections Administrator a deposit of approximately 75% of
this estimated obligation no later than 15 days after execution of this agreement. The exact amount of each participating
authority's obligation under the terms of this agreement shall be calculated after the November 3, 2015 election (or runoff
election, if applicable), and if the amount of an authority's total obligation exceeds the amount deposited, the authority
shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the
Elections Administrator. However, if the amount of the authority's total obligation is less than the amount deposited, the
Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are
calculated.
The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall
be as follows:
THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK
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Actual # Billed # Estimated Deposit
Political Subdivision Polls Polls Cost Due
City of Benbrook 8 3 12,872.00 9,700.00
Town of Flower Mound 1 0 400.00 400.00
City of Grapevine 10 4 15,650.00 11,800.00
City of Haltom City 12 4 15,623.00 11,800.00
City of Keller 10 3. 5 14,767.00 11,100.00
City of Lake Worth 4 0.5 6,141.00 4,700.00
City of Richland Hills 3 1.5 8,821.00 6,700.00
City of White Settlement 3 1.5 12,524.00 9,400.00
Town of Trophy Club 1 0 400.00 400.00
Godley ISD 2 0. 5 5,723.00 4,300.00
Mansfield ISD 30 11 44,021.00 33,100.00
Tarrant County 358 328.5 1,240,718.00 N/A
TOTALS 358 358 1,377,660.00 103,400.00
THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK
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XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL
IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to -wit:
1) It has on the i G day of ( c+o be r , 2015 been executed by the Tarrant County Elections
Administrator pursuant to the Texas Election Code so authorizing;
2) It has on the day of C t( (- 2015 been executed on behalf of the Town of Trophy
Club pursuant to an action of the Town of Trophy Club Town Council so authorizing;
ACCEPTED AND AGREED TO BY THE TARRANT COUNTY ELECTIONS ADMINISTRATOR:
APPROVED:
FRANK PHILLIPS
ACCEPTED AND AGREED TO BY THE TROPHY CLUB TOWN COUNCIL:
APPROVED:
cl-
G
C. NICK SANDERS, MAYOR
ATTEST:
HOLLY FIM ES, TOWN SECRETARY
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/ 16/15)
Precincts at Site
1001, 1376, 4458, 4494
1005, 1444, 1677, 4006
1008, 1544, 1550
1009
1010
1012
1013
1014, 1237, 1594
1015, 1684
1019, 1476
1021
1023
1024, 1394, 1418, 1431
Election Day Polling Location Entity
Tarrant County Plaza Building
201 Burnett Street
Fort Worth, Texas 76102
Van Zandt-Guinn Elementary School
501 Missouri Avenue
Fort Worth, Texas 76104
Versia L. Williams Elementary School
901 Baurline Street
Fort Worth, Texas 76111
Western Hills High School City of Benbrook
3600 Boston Avenue
Benbrook, Texas 76116
Community Christian Church Education Building
1720 Vickery Boulevard East
Fort Worth, Texas 76104
Handley-Meadowbrook Community Center
6201 Beaty Street
Fort Worth, Texas 76112
Harlean Beal Elementary School
5615 Forest Hill Drive
Fort Worth, Texas 76119
Edge Park United Methodist Church
5616 Crowley Road
Fort Worth, Texas 76134
Texas Academy of Biomedical Sciences
3813 Valentine Street
Fort Worth, Texas 76107
Andrew "Doc" Session Community Center
201 South Sylvania Avenue
Fort Worth, Texas 76111
City of Benbrook Municipal Complex
911 Winscott Road
Benbrook, Texas 76126
St. Matthew's Lutheran Church
5709 Wedgwood Drive
Fort Worth, Texas 76133
First United Methodist Church
509 Peach Street
Crowley, Texas 76036
Precinct One Garage
800 East Rendon Crowley Road
Burleson, Texas 76028
1
City of Benbrook
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/ 15)
Precincts at Site Election Day Polling Location
1025, 1244, 1439, 1578 Jefferson Davis 9th Grade Center
1621 615 Townley Drive
Everman, Texas 76140
1034 Retta Baptist Church
13201 Rendon Road
Burleson, Texas 76028
1056 I. M. Terrell Elementary School
1411 I. M. Terrell Circle
Fort Worth, Texas 76102
1059 Antioch Missionary Baptist Church
1063 East Rosedale Street
Fort Worth, Texas 76104
1061 Greenway Church
1816 Delga Street
Fort Worth, Texas 76102
1062, 1455, 1457, 1608 E. M. Daggett Elementary School
1611, 4077, 4096 958 Page Avenue
Fort Worth, Texas 76110
1066, 1236, 1479, 1617 Christ Cathedral Church
1672 3201 Purington Avenue
Fort Worth, Texas 76103
1074 D. McRae Elementary School
3316 Avenue N
Fort Worth, Texas 76105
1075, 1011 Sycamore Recreation Center
2525 East Rosedale Street
Fort Worth, Texas 76105
1076 Lily B. Clayton Elementary School
2000 Park Place Avenue
Fort Worth, Texas 76110
1079, 1090 Pilgrim Rest Missionary Baptist Church
960 East Baltimore Avenue
Fort Worth, Texas 76104
1080 Greater Harvest Church of God in Christ
2900 Mitchell Boulevard
Fort Worth, Texas 76105
1081, 1095 St. Stephen Presbyterian Church
2700 McPherson Avenue
Fort Worth, Texas 76109
1082, 1198 Riverside Community Center
3700 East Belknap Street
Fort Worth, Texas 76111
2
Entity
Mansfield ISD
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15)
Precincts at Site Election Day Polling Location Entity
1083 Beth Eden Missionary Baptist Church
3309 Wilbarger Street
Fort Worth, Texas 76119
1085 Rosemont Middle School
1501 West Seminary Drive
Fort Worth, Texas 76115
1088, 1415 Sagamore Hill Elementary School
701 South Hughes Avenue
Fort Worth, Texas 76103
1089, 1078, 1619 Morningside Elementary School
2601 Evans Avenue
Fort Worth, Texas 76104
1094, 1472, 1674 Lena Pope Home
3200 Sanguinet Street
Fort Worth, Texas 76107
1098 S. S. Dillow Elementary School
4000 Avenue N
Fort Worth, Texas 76105
1103, 1348 First Baptist Church of Crowley Godley ISD - 1348
400 Eagle Drive South
Crowley, Texas 76036
1104 Bradley Center
2601 Timberline Drive
Fort Worth, Texas 76119
1106 Grace Temple Seventh -day Adventist Church
4200 East Berry Street
Fort Worth, Texas 76105
1108, 1298, 1408, 1434 R. L. Paschal High School
1633 3001 Forest Park Boulevard
Fort Worth, Texas 76110
1109, 1416, 1473 Fort Worth Harvest Baptist Church
620 North Chandler Drive
Fort Worth, Texas 76111
1117 McLean 6th Grade School
3201 South Hills Avenue
Fort Worth, Texas 76109
1119 Westminster Presbyterian Church
7001 Trail Lake Drive
Fort Worth, Texas 76133
1120, 1676 JPS Health Center Viola M. Pitts/Como
4701 Bryant Irvin Road North
Fort Worth, Texas 76107
3
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15)
Precincts at Site Election Day Polling Location
1126 First Jefferson Unitarian Universalist Church
1959 Sandy Lane
Fort Worth, Texas 76112
1127 Martin Luther King Community Center
5565 Truman Drive
Fort Worth, Texas 76112
1132 Griffin -Poly Sub -Courthouse
3212 Miller Avenue
Fort Worth, Texas 76119
1133, 1445 St. Christopher's Episcopal Church
3550 Southwest Loop 820
Fort Worth, Texas 76133
1142 Bruce Shulkey Elementary School
5533 Whitman Avenue
Fort Worth, Texas 76133
1146, 1099, 1407, 1414 Eastern Hills High School
1491 5701 Shelton Street
Fort Worth, Texas 76112
1149, 1184, 2600, 2601 W. M. Green Elementary School
4612 David Strickland Road
Fort Worth, Texas 76119
1150, 1543, 1549, 1559 New Hope Fellowship
6410 South Freeway
Fort Worth, Texas 76134
1153, 1301 City of Forest Hill Civic and Convention Center
6901 Wichita Street
Forest Hill, Texas 76140
1154, 1555, 1576, 1597 Carter Park Elementary School
1652, 4495 1204 East Broadus Avenue
Fort Worth, Texas 76115
1165 South Hills Elementary School
3009 Bilglade Road
Fort Worth, Texas 76133
1170 Victory Temple Worship Center
2001 Oakland Boulevard
Fort Worth, Texas 76103
1175, 1547, 1586, 1589 St. John Missionary Baptist Church
3560, 3653, 3654 3324 House Anderson Road
Euless, Texas 76040
1186 St. Francis Village
4125 St. Francis Village Road
St. Francis Village, Texas 76036
4
Entity
Was Stadium Drive Baptist
Church
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/ 15)
Precincts at Site Election Day Polling Location Entity
1188 Paul Laurence Dunbar High School
5700 Ramey Avenue
Fort Worth, Texas 76112
1189 Edgecliff Village Community Center
1605 Edgecliff Road
Edgecliff Village, Texas 76134
1197, 1064 River Trails Elementary School
8850 Elbe Trail
Fort Worth, Texas 76118
1206 Benbrook Fire Station City of Benbrook
528 Mercedes Street
Benbrook, Texas 76126
1207 Southwest Sub -Courthouse
6551 Granbury Road
Fort Worth, Texas 76133
1208, 1111, 4480 Restoration Family Church City of Benbrook
10201 Jerry Dunn Parkway Godley ISD - 1111
Benbrook, Texas 76126
1211 Sunrise -McMillian Elementary School
3409 Stalcup Road
Fort Worth, Texas 76119
1227, 1437, 1490 Pantego Bible Church
8001 Anderson Boulevard
Fort Worth, Texas 76120
1238 Trinity Cumberland Presbyterian Church
7120 West Cleburne Road
Fort Worth, Texas 76133
1251 Meadowcreek Elementary School
2801 Country Creek Lane
Fort Worth, Texas 76123
1255 Grace Lutheran Church
7900 McCart Avenue
Fort Worth, Texas 76123
1257, 1004, 1167 Fort Worth Education Association
6021 Westcreek Drive
Fort Worth, Texas 76133
1264, 1105 Southwest Community Center
6300 Welch Avenue
Fort Worth, Texas 76133
1265 Genesis United Methodist Church
7635 South Hulen Street
Fort Worth, Texas 76133
5
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15)
Precincts at Site Election Day Polling Location Entity
1270, 2419 Handley United Methodist Church
2929 Forest Avenue
Fort Worth, Texas 76112
1271, 1345, 1627 St. Ann's Catholic Church
100 Southwest Alsbury Boulevard
Burleson, Texas 76028
1273 EI Buen Pastor Baptist Church
4800 Merida Avenue
Fort Worth, Texas 76115
1277, 1151, 1199, 1622 The Potter's House Youth Center City of Haltom City -
1199
4632 1238 Woodhaven Boulevard 1622, 4632
Fort Worth, Texas 76112 City of Richland Hills - 1199
1278 New Life Baptist Deaf Fellowship
6917 Brentwood Stair Road
Fort Worth, Texas 76112
1279 Atwood McDonald Elementary School
1850 Barron Lane
Fort Worth, Texas 76112
1291 Highland Hills Community Center
1600 Glasgow Road
Fort Worth, Texas 76134
1293 Forest Hill United Methodist Church
6401 Hartman Road
Forest Hill, Texas 76119
1294, 1501 Crowley Community Center
900 East Glendale Street
Crowley, Texas 76036
1295, 1084, 1577 Everman City Hall Annex
213 North Race Street
Everman, Texas 76140
1296, 1423 St. Peter's Antiochian Orthodox Church
7601 Bellaire Drive South
Fort Worth, Texas 76132
1297 A. M. Pate Elementary School
ADA Issues
3800 Anglin Drive
Fort Worth, Texas 76119
1300 St. Luke Cumberland Presbyterian Church
1404 Sycamore School Road
Fort Worth, Texas 76134
1311 St. Matthew United Methodist Church
2414 Hitson Lane
Fort Worth, Texas 76112
6
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15)
Precincts at Site Election Day Polling Location Entity
1339 Fort Worth Country Day School City of Benbrook
4200 Country Day Lane
Fort Worth, Texas 76109
1346 Brighter Outlook Center
4910 Dunbar Street
Fort Worth, Texas 76105
1377, 1071 Fort Worth Presbyterian Church
6251 Oakmont Trail
Fort Worth, Texas 76132
1378 Hanmaum International Baptist Church
Precinct 1352 key)
1501 West Everman Parkway
Fort Worth, Texas 76134
1440, 1292 Southwood Baptist Church
2633 Altamesa Boulevard
Fort Worth, Texas 76133
1459 Christ United Methodist Church
3301 Sycamore School Road
Fort Worth, Texas 76123
1460, 1679 East Regional Library
6301 Bridge Street
Fort Worth, Texas 76112
1463, 2281, 2467 Shepherd of Life Lutheran Church Precinct 2281 was at
715 East Lamar Boulevard Roquemore Elementary.
Arlington, Texas 76011
1477, 1482 Glen Park Elementary School
3601 Pecos Street
Fort Worth, Texas 76119
1489, 1518, 1651 Bill J. Elliott Elementary School
2501 Cooks Lane
Fort Worth, Texas 76120
1504, 1352 Hill Top Church Mansfield ISD
Precinct 1352 key)
4909 Rendon Road Was Ponder Elementary
Fort Worth, Texas 76140 12350 Rendon Road
1603 Candlewood Suites Hotel
4200 Reggis Court
Fort Worth, Texas 76155
1639, 1347 Hallmark Baptist Church
4201 West Risinger Drive
Fort Worth, Texas 76123
1641, 1424 North Crowley High School
9100 South Hulen Street
Fort Worth, Texas 76123
7
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/ 16/ 15)
Precincts at Site Election Day Polling Location Entity
1642, 1436 Sidney Poynter Elementary School
521 Ashdale Drive
Fort Worth, Texas 76140
2003, 1605, 2303, 2606 Berta May Pope Elementary School
901 Chestnut Drive
Arlington, Texas 76012
2007, 2505 Southwest Branch Library Mansfield ISD - 2505
3311 Southwest Green Oaks Boulevard
Arlington, Texas 76017
2026, 2670 W. R. Wimbish Elementary School
1601 Wright Street
Arlington, Texas 76012
2027, 2002, 2461, 2675 Atherton Elementary School
2101 Overbrook Drive
Arlington, Texas 76014
2028, 2358, 2506 Truett Boles Junior High School
3900 Southwest Green Oaks Boulevard
Arlington, Texas 76017
2031, 2453, 2613 Timberview High School Mansfield ISD
7700 South Watson Road
Arlington, Texas 76002
2033 Mansfield Sub -Courthouse Mansfield ISD
1100 East Broad Street
Mansfield, Texas 76063
2052 Ruby Ray Swift Elementary School
1101 South Fielder Road
Arlington, Texas 76013
2055, 1380, 1631 Sherrod Elementary School
2626 Lincoln Drive
Arlington, Texas 76006
2100 Meadowbrook Recreation Center
1400 Dugan Street
Arlington, Texas 76010
2112 Pantego Town Hall Council Chambers
1614 South Bowen Road
Pantego, Texas 76013
2143, 2403 Louise Blanton Elementary School
1900 South Collins Street
Arlington, Texas 76010
2145, 2673 Veda Knox Elementary School
2315 Stonegate Street
Arlington, Texas 76010
8
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/ 15)
Precincts at Site Election Day Polling Location
2147, 2401, 2451 Fielder Church Annex
1333 West Pioneer Parkway
Arlington, Texas 76013
2158, 1382, 1404, 2274 Myrtice and Curtis Larson Elementary School
2546, 2561, 2616, 2681 2620 Avenue K
Grand Prairie, Texas 75050
2161 Tarrant County Sub -Courthouse in Arlington
700 East Abram Street
Arlington, Texas 76010
2168, 2513 South Davis Elementary School
2001 South Davis Drive
Arlington, Texas 76013
2169, 2134, 2263, 2569 City of Arlington Senior Center
2015 Craig Hanking Drive
Arlington, Texas 76010
2171, 2310 Woodland West Church of Christ
3101 West Park Row
Arlington, Texas 76013
2174 Key Elementary School
3621 Roosevelt Drive
Arlington, Texas 76016
2180, 2402, 2411, 2680 UAW Local #276
2505 W.E. Roberts Street
Grand Prairie, Texas 75051
2181 Westminster Presbyterian Church
1330 South Fielder Road
Arlington, Texas 76013
2190, 2148, 2655, 2656 John Webb Elementary School
2657 1200 North Cooper Street
Arlington, Texas 76011
2205 Bailey Junior High School
2411 Winewood Lane
Arlington, Texas 76013
2210 Myrtle Thornton Elementary School
2301 East Park Row Drive
Arlington, Texas 76010
2217, 2058 St. Stephen United Methodist Church
1800 West Randol Mill Road
Arlington, Texas 76012
2219 Miller Elementary School
6401 West Pleasant Ridge Road
Arlington, Texas 76016
9
Entity
Precincts 2134, 2263, 2569
were at Hutcheson Jr. High
Town Council Minutes October 13, 2015 Page 26 of 213Town Council Page 32 of 282 Meeting Date: November 10, 2015
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15)
Precincts at Site Election Day Polling Location Entity
2220, 1514 Arlington First Church of the Nazarene
1301 West Green Oaks Boulevard
Arlington, Texas 76013
2221 Roberta Tipps Elementary School Mansfield ISD
3001 North Walnut Creek Drive
Mansfield, Texas 76063
2223 Dalworthington Gardens City Hall
2600 Roosevelt Drive
Dalworthington Gardens, Texas 76016
2224, 1442 Elzie Odom Athletic Center
1601 Northeast Green Oaks Boulevard
Arlington, Texas 76006
2225, 2413, 2428 Beth Anderson Elementary School
1101 Timberlake Drive
Arlington, Texas 76010
2226, 2268, 2269, 2658 Bob Duncan Center
2800 South Center Street
Arlington, Texas 76014
2228, 1420, 1607 Shackelford Junior High School
2000 North Fielder Road
Arlington, Texas 76012
2229 Beatrice Short Elementary School
2000 California Lane
Arlington, Texas 76015
2235, 2659 Ethel Goodman Elementary School
1400 Rebecca Lane
Arlington, Texas 76014
2246 Butler Elementary School
2121 Margaret Drive
Arlington, Texas 76012
2262, 2258 New Hope Baptist Church Mansfield ISD
6765 Dick Price Road
Mansfield, Texas 76063
2267 Foster Elementary School
1025 High Point Road
Arlington, Texas 76015
2280 Interlochen Health and Rehabilitation Center Was Arlington Villa
2645 West Randol Mill Road Retirement Community
Arlington, Texas 76012
2305, 2425 Kennedale High School
901 Wildcat Way
Kennedale, Texas 76060
10
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/ 15)
Precincts at Site Election Day Polling Location Entity
2306, 2521 Cliff Nelson Recreation Center
4600 West Bardin Road
Arlington, Texas 76017
2308 Living Word Outreach
107 North First Avenue
Mansfield, Texas 76063
2309, 2660 Prince of Peace Church
1701 Martin Luther Drive
Arlington, Texas 76010
2313 Jason B. Little Elementary School
3721 Little Road
Arlington, Texas 76016
2314, 2266, 2468 Charles W. Young Junior High School
3200 Woodside Drive
Arlington, Texas 76016
2316, 1441, 1564, 2315 Northeast Branch Library
1905 Brown Boulevard
Arlington, Texas 76006
2317 Lamar High School
1400 Lamar Boulevard West
Arlington, Texas 76012
2318 Gunn Junior High School
3000 South Fielder Road
Arlington, Texas 76015
2319, 2464 Ruth Ditto Elementary School
3001 Quail Lane
Arlington, Texas 76016
2320, 2302, 2393 Mayfield Road Baptist Church
1701 East Mayfield Road
Arlington, Texas 76014
2355 Linda Jobe Middle School
2491 Gertie Barrett Road
Mansfield, Texas 76063
2356, 2304 The Church on Rush Creek
2350 Southwest Green Oaks Boulevard
Arlington, Texas 76017
2357 Donna Shepard Intermediate School
1280 FM Road 1187
Mansfield, Texas 76063
2360 Walnut Ridge Baptist Church
1201 North State Highway 360
Mansfield, Texas 76063
11
Mansfield ISD
Mansfield ISD
Mansfield ISD
Mansfield ISD
Mansfield ISD
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15)
Precincts at Site Election Day Polling Location Entity
2379 Louise Cabaniss Elementary School Mansfield ISD
6080 Mirabella Boulevard
Grand Prairie, Texas 75052
2381, 2484 J. M. Farrell Elementary School
3410 Paladium Drive
Grand Prairie, Texas 75052
2383 New Life Fellowship Mansfield ISD
201 East Sublett Road
Arlington, Texas 76018
2438, 2275, 2466 Cross Point Church of Christ
3020 West Bardin Road
Grand Prairie, Texas 75052
2448, 2353 Southeast Branch Library
900 Southeast Green Oaks Boulevard
Arlington, Texas 76018
2449 St. Andrews United Methodist Church Mansfield ISD
2045 Southeast Green Oaks Boulevard
Arlington, Texas 76018
2450 Alpha International Seventh -day Adventist Church
6000 South Collins Street
Arlington, Texas 76018
2462, 2581 Kenneth Davis Elementary School Mansfield ISD
900 Eden Road
Arlington, Texas 76001
2474, 1427, 1515, 2029 Kennedale Community Center Mansfield ISD - 2029
316 West 3rd Street
Kennedale, Texas 76060
2488, 2299, 2349 West Elementary School Mansfield ISD - 2488
2911 Kingswood Boulevard
Grand Prairie, Texas 75052
2519, 2030 City of Arlington South Service Center Mansfield ISD
1100 Southwest Green Oaks Boulevard
Arlington, Texas 76017
2520 Pleasant Ridge Church of Christ
6102 West Pleasant Ridge Road
Arlington, Texas 76016
2522 R. F. Patterson Elementary School
Mansfield ISD
6621 Kelly Elliott Road
Arlington, Texas 76001
2523, 2354 New York Avenue Church of Christ
5371 New York Avenue
Arlington, Texas 76018
12
Town Council Minutes October 13, 2015 Page 29 of 213Town Council Page 35 of 282 Meeting Date: November 10, 2015
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15)
Precincts at Site Election Day Polling Location Entity
2525 D. P. Morris Elementary School
Mansfield ISD
7900 Tin Cup Drive
Arlington, Texas 76001
2535, 2307 T. A. Howard Middle School Mansfield ISD
7501 Calender Road
Arlington, Texas 76001
2536, 2537, 2571 Dora E. Nichols Junior High School
2201 Ascension Boulevard
Arlington, Texas 76006
2541, 2341, 2405 Odeal Pearcy Elementary School Mansfield ISD — 2341, 2405
601 East Harris Road
Arlington, Texas 76002
2548, 2426, 2524, 2636 Brooks Wester Middle School Mansfield ISD
1520 North Walnut Creek
Mansfield, Texas 76063
2553 Grace Community Church Mansfield ISD
801 West Bardin Road
Arlington, Texas 76017
2556, 1610, 2173, 2609 St. John Cumberland Presbyterian Church
6007 West Pleasant Ridge Road
Arlington, Texas 76016
2557, 2435 Janet Brockett Elementary School Mansfield ISD
810 Dove Meadows Drive
Arlington, Texas 76002
2635 Imogene Gideon Elementary School Mansfield ISD
1201 Mansfield Webb Road Was The Community at
Arlington, Texas 76002 Lake Ridge
2643, 2612, 2614, 2618 Mansfield I.S.D. Sports Complex Mansfield ISD
3700 East Broad Street
Mansfield, Texas 76063
2644 Anna May Daulton Elementary School Mansfield ISD
2607 North Grand Peninsula Drive
Grand Prairie, Texas 75054
2645 Martha Reid Elementary School Mansfield ISD
500 Country Club Drive
Arlington, Texas 76002
3032, 3575, 3661 Hurst Public Library
901 Precinct Line Road
Hurst, Texas 76053
3036 Euless Public Library
201 North Ector Drive
Euless, Texas 76039
13
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15)
Precincts at Site Election Day Polling Location Entity
3037 Shady Brook Elementary School
2601 Shady Brook Drive
Bedford, Texas 76021
3038 Timberline Elementary School City of Grapevine
3220 Timberline Drive
Grapevine, Texas 76051
3039 Lonesome Dove Church City of Grapevine
2380 Lonesome Dove Road
Southlake, Texas 76092
3040, 3671 Keller Church of Christ City of Keller
205 South Elm Street
Keller, Texas 76248
3041 Davis Memorial United Methodist Church
5301 Davis Boulevard
North Richland Hills, Texas 76180
3049, 3209, 3447 Green Valley Elementary School
7900 Smithfield Road
North Richland Hills, Texas 76182
3054, 3072 New Hope Lutheran Church City of Keller
2105 Willis Lane
Keller, Texas 76248
3063, 3367, 3387 North Ridge Elementary School
7331 Holiday Lane
North Richland Hills, Texas 76182
3114 The REC of Grapevine City of Grapevine
1175 Municipal Way
Grapevine, Texas 76051
3131 Richland Middle School City of Richland Hllls
7400 Hovenkamp Avenue
Richland Hills, Texas 76118
3139 Hurst Christian Church
745 Brown Trail
Hurst, Texas 76053
3140 Dan Echols Senior Adult Center
6801 Glenview Drive
North Richland Hills, Texas 76180
3152, 3043, 3185 Haslet Community Center
105 Main Street
Haslet, Texas 76052
3156 First Baptist Church of Hurst
1801 Norwood Drive
Hurst, Texas 76054
14
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/ 15)
Precincts at Site Election Day Polling Location Entity
3157 Stonegate Elementary School
900 Bedford Road East
Bedford, Texas 76022
3160, 1388 South Euless Baptist Church
1000 Simmons Drive
Euless, Texas 76040
3164, 3406, 4620 Richland Hills Community Center City of Haltom City - 4620
3204 Diana Drive City of Richland Hllls
Richland Hills, Texas 76118
3166, 3409, 3590 North Pointe Baptist Church of Hurst -
147 East Hurst Boulevard
Hurst, Texas 76053
3172, 3282, 3664, 3665 St. Andrew Lutheran Church
504 West Bedford Euless Road
Hurst, Texas 76053
3176 Hurst Hills Elementary School
525 Billie Ruth Lane
Hurst, Texas 76053
3177, 3584 Fine Arts Athletic Complex
9200 Mid Cities Boulevard
North Richland Hills, Texas 76180
3183 Calvary Baptist Church
304 Calvary Drive
Euless, Texas 76040
3187, 3398 Northside Church of the Nazarene
6750 Denton Highway
Watauga, Texas 76148
3194, 4191 First Baptist Church of Watauga City of Haltom City - 4191
6124 Plum Street
Watauga, Texas 76148
3196, 3585 Northeast Courthouse Newly constructed site.
645 Grapevine Highway Both precincts voted with
Hurst, Texas 76054 Precinct 3433
3200 Bedford Boys Ranch
2801 Forest Ridge Drive
Bedford, Texas 76021
3212 Central Baptist Church of Bedford
1120 Central Drive
Bedford, Texas 76022
3213 Hurst Recreation Center
700 Mary Drive
Hurst, Texas 76053
15
Town Council Minutes October 13, 2015 Page 32 of 213Town Council Page 38 of 282 Meeting Date: November 10, 2015
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/ 16/15)
Precincts at Site Election Day Polling Location Entity
3214, 3364 Immanuel Lutheran Church
7321 Lola Drive
North Richland Hills, Texas 76180
3215, 4399 St. Paul Presbyterian Church City of Haltom City - 4399
4517 Rufe Snow Drive
North Richland Hills, Texas 76180
3216 Bear Creek Elementary School
401 Bear Creek Drive
Euless, Texas 76039
3247 Central Junior High School
3191 West Pipeline Road
Euless, Texas 76040
3254, 3327, 3517 Pat May Center
1849-B Central Drive
Bedford, Texas 76022
3283, 3260, 3516 Airport Area YMCA
3524 Central Drive
Bedford, Texas 76021
3287 Watauga City Hall
7105 Whitley Road
Watauga, Texas 76148
3289 North Richland Hills Baptist Church
6955 Boulevard 26
North Richland Hills, Texas 76180
3323 Colleyville Municipal Court Building
5201 Riverwalk Drive
Colleyville, Texas 76034
3324 College Hill Church of Christ
7447 North College Circle
North Richland Hills, Texas 76180
3325 Baker Boulevard Church of Christ
7139 Baker Boulevard
Richland Hills, Texas 76118
3326 Ashwood Court
7501 Glenview Drive
North Richland Hills, Texas 76180
3329, 3446 South Euless Elementary School
605 South Main Street
Euless, Texas 76040
3330, 3510 Colleyville Assembly of God Church
4309 Colleyville Boulevard
Colleyville, Texas 76034
16
City of Richland Hllls
Town Council Minutes October 13, 2015 Page 33 of 213Town Council Page 39 of 282 Meeting Date: November 10, 2015
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15)
Precincts at Site Election Day Polling Location Entity
3331
3332, 3667
3333
3334
3335
3336
3359, 3538
3361, 3321
3363, 3192, 3567
3368, 3539, 3562, 3669
3372, 3417
3384
3386
3389
The Church of Jesus Christ of Latter -Day Saints
500 West McDonwell School Road
Colleyville, Texas 76034
Watauga Middle School
6300 Maurie Drive
Watauga, Texas 76148
North Richland Hills Public Library
9015 Grand Avenue
North Richland Hills, Texas 76180
First Baptist Church of Bedford
2045 Bedford Road
Bedford, Texas 76021
Lakewood Elementary School
1600 Donley Drive
Euless, Texas 76039
Metroplex Chapel
601 East Airport Freeway
Euless, Texas 76039
Carroll Senior High School
1501 West Southlake Boulevard
Southlake, Texas 76092
St. Francis Catholic Church
861 Wildwood Lane
Grapevine, Texas 76051
Heritage Baptist Church
1200 FM 156 South
Haslet, Texas 76052
Bedford Junior High School
325 Carolyn Drive
Bedford, Texas 76021
Town of Flower Mound - 3321
City of Grapevine
The Villages of Woodland Springs Amenity Building
12209 Timberland Boulevard
Fort Worth, Texas 76244
Dove Elementary School City of Grapevine
1932 Dove Road
Grapevine, Texas 76051
First United Methodist Church of Keller City of Keller
1025 Johnson Road
Keller, Texas 76248
Life Connection Church
208 Nutmeg Lane
Euless, Texas 76039
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Town Council Minutes October 13, 2015 Page 34 of 213Town Council Page 40 of 282 Meeting Date: November 10, 2015
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/ 16/ 15)
Precincts at Site Election Day Polling Location Entity
3390, 3385, 3530, 3574 Covenant Church City of Grapevine — 3385,
3508 Glade Road 3390, 3530
Colleyville, Texas 76034
3391, 3511 United Memorial Christian Church
1401 North Main Street
Euless, Texas 76039
3396, 3566 Grapevine Elementary School City of Grapevine - 3396
1801 Hall -Johnson Road
Grapevine, Texas 76051
3421, 3193, 3662 First Baptist Church Colleyville
5300 Colleyville Boulevard
Colleyville, Texas 76034
3422 Ridgeview Elementary School City of Keller
1601 Marshall Ridge Parkway
Keller, Texas 76248
3433, 3248, 3582, 3583 W. A. Porter Elementary School
3663 2750 Prestondale Drive
Hurst, Texas 76054
3443, 3249, 3322 Concordia Lutheran Church
3705 Harwood Road
Bedford, Texas 76021
3465, 3647 The Met Church Was Heritage Church of
11301 Old Denton Road Christ
Fort Worth, Texas 76244
3469 Dancing River Assisted Living Center City of Grapevine
3735 Ira E. Woods Avenue
Grapevine, Texas 76051
3471, 3365, 3580 WestWind Church City of Keller
1300 Sarah Brooks Drive Precincts 3365, 3580 were at
Keller, Texas 76248 Hidden Lakes HOA Clubhouse
3486, 3240 Independence Elementary School City of Keller - 3240
11773 Bray Birch Lane
Fort Worth, Texas 76244
3502, 3286, 3500, 3579 Fellowship Church Keller City of Keller - 3502
2525 Florence Road Town of Trophy Club - 3500
Keller, Texas 76262 Was River of Grace Church
3507 North Park Baptist Church
7025 Mid Cities Boulevard
North Richland Hills, Texas 76182
3509 Watauga Community Center
7901 Indian Springs Road
Watauga, Texas 76148
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/ 15)
Precincts at Site Election Day Polling Location Entity
3526, 3470, 3558 Southlake Town Hall City of Grapevine -
3470
1400 Main Street
Southlake, Texas 76092
3527 Wellspring Church
7300 Smithfield Road
North Richland Hills, Texas 76182
3529, 3545 New Day Church
101 East Highland Street
Southlake, Texas 76092
3542, 3035 First Presbyterian Church Grapevine City of Grapevine
1002 Park Boulevard Was Grapevine Church of
Grapevine, Texas 76051 Christ
3552 Northpark YMCA
9100 North Beach Street
Fort Worth, Texas 76244
3554 Bear Creek Bible Church City of Keller
1555 North Tarrant Parkway
Keller, Texas 76248
3570 Lone Star Elementary School
4647 Shiver Road
Fort Worth, Texas 76244
3626, 3392, 3624, 3668 St. Martin in -the -Fields Episcopal Church City of Keller — 3392,3624,3668
223 South Pearson Lane Precincts 3668, 3624 were at
Keller, Texas 76248 Hidden Lakes HOA Clubhouse
3637 Light of the World Church
8750 Old Denton Road
Keller, Texas 76248
3646 John M. Tidwell Middle School
3937 Haslet -Roanoke Road
Fort Worth, Texas 76262
3648 Woodland Springs Elementary School City of Keller
12120 Woodland Springs Drive
Fort Worth, Texas 76244
4016, 4350 South Hi Mount Elementary School
4101 Birchman Avenue
Fort Worth, Texas 76107
4018, 4531, 4666 Saginaw Senior Center Log Cabin -
405 South Belmont Street
Saginaw, Texas 76179
4020 West Freeway Church of Christ City of White Settlement
8000 Western Hills Boulevard
White Settlement, Texas 76108
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15)
Precincts at Site
4042, 4239, 4362
4044, 4371
4046
4047, 4395
4048, 4051
4050
4057, 4492, 4493, 4634
4060
4067
4068, 4685
4069
4070,1241
4086
Election Day Polling Location
Landmark Baptist Church
1909 Thomas Road
Haltom City, Texas 76117
Lakeview Fellowship
9940 Morris Dido Newark Road
Fort Worth, Texas 76179
B. J. Clark Annex
603 Southeast Parkway
Azle, Texas 76020
Azle ISD Instructional Support Center
483 Sandy Beach Road, Suite C
Azle, Texas 76020
M. G. Ellis Early Childhood School
215 Northeast 14th Street
Fort Worth, Texas 76164
Thompson Chapel United Methodist Church
2804 Prospect Avenue
Fort Worth, Texas 76106
Trinity Terrace
1600 Texas Street
Fort Worth, Texas 76102
De Zavala Elementary School
1419 College Avenue
Fort Worth, Texas 76104
Rufino E. Mendoza, Sr. Elementary School
1412 Denver Avenue
Fort Worth, Texas 76164
Entity
City of Haltom City
Was Eagle Mountain Elem.
New site requested by
EMS ISD.
Rosen Heights Baptist Church Family Life Center
2519 Prairie Avenue
Fort Worth, Texas 76164
Lost Creek Golf Course
4101 Lost Creek Boulevard
Aledo, Texas 76008
Southwest YMCA
4750 Barwick Drive
Fort Worth, Texas 76132
Connell Baptist Church
4736 Bryce Avenue
Fort Worth, Texas 76107
4087, 4092 Northside Family Resource Center
2011 Prospect Avenue
Fort Worth, Texas 76164
20
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15)
Precincts at Site Election Day Polling Location Entity
4091 Sheriffs Office North Patrol Division City of Lake Worth
6651 Lake Worth Boulevard
Lake Worth, Texas 76135
4093 Diamond Hill Community Center
1701 Northeast 36th Street
Fort Worth, Texas 76106
4097, 4312, 4475, 4478 George C. Clarke Elementary School
3300 South Henderson Street
Fort Worth, Texas 76110
4101 Knights of Columbus
3809 Yucca Avenue
Fort Worth, Texas 76111
4102, 1430, 1623, 1625 Moose Lodge 1889 Haltom City City of Haltom City — 4102,
4483, 4485 5001 Bernice Street 4483, 4485
Haltom City, Texas 76117
4107, 1412 Worth Heights Community Center
3551 New York Avenue
Fort Worth, Texas 76110
4110, 4563 Northside Community Center
1100 Northwest 18th Street
Fort Worth, Texas 76164
4115 Westover Hills Town Hall
5824 Merrymount Road
Westover Hills, Texas 76107
4116, 4496 North Hi Mount Elementary School
3801 West 7th Street
Fort Worth, Texas 76107
4118 Ridglea Theater Lounge
6031 Camp Bowie Boulevard
Fort Worth, Texas 76116
4121 River Oaks United Methodist Church
4800 Ohio Garden Road
River Oaks, Texas 76114
4122, 4017, 4073, 4397 Azle Avenue Baptist Church
4565, 4568, 4688, 4689 2901 Azle Avenue
Fort Worth, Texas 76106
4123 Decatur Avenue Baptist Church
3715 Decatur Avenue
Fort Worth, Texas 76106
4124, 4573 Calvary Cathedral
1701 Oakhurst Scenic Drive
Fort Worth, Texas 76111
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/ 15)
Precincts at Site Election Day Polling Location Entity
4125, 4512, 4592, 4687 Trinity Baptist Church
620 Churchill Road
Fort Worth, Texas 76114
4128 Hawaiian Falls — Aloha Event Center City of White Settlement
8905 Clifford Street Was Wesley United Methodist
White Settlement, Texas 76108 Church
4130 Congregation Ahavath Sholom
4050 South Hulen Street
Fort Worth, Texas 76109
4135, 1337 Western Hills Church of Christ City of Benbrook - 1337
8800 Chapin Road
Fort Worth, Texas 76116
4136, 4129, 4630 Agape Baptist Church City of Benbrook - 4630
3900 Southwest Boulevard
Fort Worth, Texas 76116
4137 Jo Kelly School
201 North Bailey Avenue
Fort Worth, Texas 76107
4138, 4285, 4400, 4487 Sansom Park City Hall City of Lake Worth - 4285
4593, 4595, 4686, 4690 5705 Azle Avenue
4691, 4692, 4693 Sansom Park, Texas 76114
4141, 4629 Haltom City Public Library City of Haltom City - 4141
4809 Haltom Road
Haltom City, Texas 76117
4144, 4252 Westworth Village City Hall City of White Settlement -
311 Burton Hill Road 4144
Westworth Village, Texas 76114
4155 Grace Fellowship Baptist Church
3801 McCart Avenue
Fort Worth, Texas 76110
4159, 4218, 4602 Haltom City Northeast Center
City of Haltom City —
4159,
3201 Friendly Lane 4218
Haltom City, Texas 76117
4162, 4245, 4596, 4682
4163
Riverside Applied Learning Center
3600 Fossil Drive
Fort Worth, Texas 76111
Southcliff Baptist Church
4100 Southwest Loop 820
Fort Worth, Texas 76109
4178 Brookdale Ridgmar
2151 Green Oaks Road
Fort Worth, Texas 76116
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/ 15)
Precincts at Site Election Day Polling Location Entity
4179 R. D. Evans Community Center
3242 Lackland Road
Fort Worth, Texas 76116
4182 Tanglewood Elementary School
3060 Overton Park Drive West
Fort Worth, Texas 76109
4195 Richard J. Wilson Elementary School
900 West Fogg Street
Fort Worth, Texas 76110
4201 Worth Heights Elementary School
519 East Butler Street
Fort Worth, Texas 76110
4202, 4598 River Oaks Library
4900 River Oaks Boulevard
River Oaks, Texas 76114
4203 Holiday Inn Express
2730 South Cherry Lane
Fort Worth, Texas 76116
4204 White Settlement Public Library City of White Settlement
8215 White Settlement Road
White Settlement, Texas 76108
4222, 4452 L. A. Gilliland Elementary School
701 Waggoman Road
Blue Mound, Texas 76131
4230 Bethel United Methodist Church City of Benbrook
5000 Southwest Boulevard
Fort Worth, Texas 76116
4231 Diamond Hill -Jarvis Branch Library
1300 Northeast 35th Street
Fort Worth, Texas 76106
4232 Creekview Middle School
6716 Bob Hanger Street
Fort Worth, Texas 76179
4233, 4370, 4432 Southside Church of Christ
2101 Hemphill Street
Fort Worth, Texas 76110
4234 Park Glen Elementary School
5100 Glen Canyon Road
Fort Worth, Texas 76137
4242, 4373 Lake Patrol Headquarters City of Lake Worth - 4242
7501 Surfside Drive
Fort Worth, Texas 76135
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15)
Precincts at Site Election Day Polling Location Entity
4243, 4113 Westside Victory Church City of White Settlement -
6154 Meandering Road 4113
Fort Worth, Texas 76114
4250, 4604 American Paint Horse Association Office
2800 Meacham Boulevard
Fort Worth, Texas 76137
4253, 1678, 4572, 4615 Charles E. Nash Elementary School
4640, 4683 401 Samuels Avenue
Fort Worth, Texas 76102
4256, 1351, 1481, 1628 Hubbard Heights Elementary School
1333 West Spurgeon Street
Fort Worth, Texas 76115
4259, 4065 Lakeside Town Hall
9830 Confederate Park Road
Lakeside, Texas 76108
4261, 4528 Bluebonnet Elementary School
7000 Teal Drive
Fort Worth, Texas 76137
4272 Grace Baptist Church
1501 Jim Wright Freeway
Fort Worth, Texas 76108
4276 Redeemer Bible Church
100 Verna Trail North
Fort Worth, Texas 76108
4290 O. H. Stowe Elementary School City of Haltom City
4201 Rita Lane
Haltom City, Texas 76117
4328 W. G. Thomas Coliseum City of Haltom City
6108 Broadway Avenue
Haltom City, Texas 76117
4338 Highland Middle School
1001 East Bailey Boswell Road
Saginaw, Texas 76131
4340, 4284 Good Shepherd Lutheran Church
1313 Southeast Parkway
Azle, Texas 76020
4342 Faith Lutheran Church
4551 Southwest Boulevard
Fort Worth, Texas 76116
4343, 1366 Arborlawn United Methodist Church Annex Building
4917 Briarhaven Road
Fort Worth, Texas 76109
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/ 16/15)
Precincts at Site Election Day Polling Location Entity
4344 Arlington Heights Christian Church
4629 Bryce Avenue
Fort Worth, Texas 76107
4374 Summerglen Branch Library
4205 Basswood Boulevard
Fort Worth, Texas 76137
4375 Lighthouse Fellowship
7200 Robertson Road
Fort Worth, Texas 76135
4410 Glenview Baptist Church City of Haltom City
4805 N.E. Loop 820
Fort Worth, Texas 76137
4454, 4429, 4694 Wayside Middle School
1300 North Old Decatur Road
Saginaw, Texas 76179
4456 Ridglea United Methodist Church
6036 Locke Avenue
Fort Worth, Texas 76116
4497 Birchman Baptist Church
2700 Dale Lane
Fort Worth, Texas 76116
4498 Trinity Episcopal Church
3401 Bellaire Drive South
Fort Worth, Texas 76109
4499 Northbrook Elementary School
2500 Cantrell Sansom Road
Fort Worth, Texas 76131
4503 Springdale Baptist Church
3016 Selma Street
Fort Worth, Texas 76111
4508 Parkview Elementary School
6900 Bayberry Drive
Fort Worth, Texas 76137
4532, 4045 Eagle Mountain Fire Hall 1
9500 Live Oak Lane
Saginaw, Texas 76179
4533 First Baptist Church of Fort Worth City of Haltom City
5001 Northeast Loop 820
Haltom City, Texas 76137
4534, 4369 Chapel Creek Fellowship Was Normandale Baptist
501 Academy Boulevard Church
Fort Worth, Texas 76108
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ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15)
Precincts at Site
4540
4551,4053
4587, 4288
4588
4591
4599, 4638
4649
4650
Election Day Polling Location
Remarkable Health Care
6649 North Riverside Drive
Fort Worth, Texas 76137
Northwest Baptist Church
5500 Boat Club Road
Fort Worth, Texas 76135
Entity
City of Lake Worth - 4053
Macedonia Missionary Baptist Church Ministry Center
2740 South Freeway
Fort Worth, Texas 76104
Hillwood Middle School
8250 Parkwood Hill Boulevard
Fort Worth, Texas 76137
Chisholm Ridge Elementary School
8301 Running River Lane
Fort Worth, Texas 76131
Destiny Center
10200 FM 156
Fort Worth, Texas 76131
Saginaw Church of Christ
201 Western Avenue
Saginaw, Texas 76179
Northwest Branch Library
6228 Crystal Lake Drive
Fort Worth, Texas 76179
3e]
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ATTACHMENT B - TARRANT COUNTY EARLY VOTING
VowON ADELANTADA DEL CONDADO DE TARRANT)
NOVEMBER 3, 2015
3 DE NOVIEMBRE DE 2015)
CONSTITUTIONAL AMENDMENTS AND JOINT ELECTIONS
ELECCIONES SOBRE ENMIENDAS CONSTITUCIONAL Y CONJUNTAS)
This schedule of Early Voting locations, dates and times applies to voters in Tarrant County and the following cities, towns, schools, library and
water districts (Este horario de casetas de votacidn adelantada, sus fechas y tiempos aplican a votantes del Condado de Tarrant y los siguientes
ciudades, pueblos, esco/ares, biblioteca y distritos de agua): Benbrook, Flower Mound, Grapevine, Haltom City, Keller, Lake Worth, Richland Hills,
Trophy Club, White Settlement, Godley ISD, Mansfield ISD, Benbrook Library District and Benbrook Water District.
EARLY VOTING BY PERSONAL APPEARANCE DAYS AND HOURS
DIAS Y HORAS DE VOTACION TEMPRANO POR APARICION PERSONAL)
October (Octubre) 19 — 23 Monday — Friday (tunes — Viernes) 8:00 a.m. — 5:00 p.m.
October (Octubre) 24 Saturday (S6bado) 7:00 a.m. — 7:00 p.m.
October (Octubre) 25 Sunday (Domingo) 11:00 a.m. — 4:00 p.m.
October (Octubre) 26 — 28 Monday— Wednesday (tunes — Miercoles) 8:00 a.m. — 5:00 p.m.
October (Octubre) 29 — 30 Thursday — Friday (Jueves — Viernes) 7:00 a.m. — 7:00 p.m.
Location Address City zip Code
Ubicaci6n) (Direcci6n) (Ciudad) (C6digo
oostal)
1 Bob Duncan Center 2800 S Center Street Arlington 76014
2 Elzie Odom Athletic Center 1601 NE Green Oaks Boulevard Arlington 76006
3 Center for Community Service
Junior League of Arlington
4002 W Pioneer Parkway
Arlington 76013
4 South Service Center 1100 SW Green Oaks Boulevard Arlington 76017
5 Tarrant County Sub -Courthouse in Arlington 700 E Abram Street Arlington 76010
6 Tarrant County College Southeast Campus
EMB - C Portable Building
2100 Southeast Parkway Arlington 76018
7
B J Clark Annex
Room 4 603 Southeast Parkway Azle 76020
8 Bedford Public Library 2424 Forest Ridge Drive Bedford 76021
9 Benbrook Community Center 228 San Angelo Avenue Benbrook 76126
10 Colleyville City Hall 100 Main Street Colleyville 76034
11 Crowley Community Center 900 E Glendale Street Crowley 76036
12 Euless Public Library 201 N Ector Drive Euless 76039
13 Forest Hill Civic and Convention Center 6901 Wichita Street Forest Hill 76140
14 All Saints Catholic Church Parish Hall 200 NW 20`h Street Fort Worth 76164
15 Diamond Hill/Jarvis Library 1300 NE 35`h Street Fort Worth 76106
16 Griffin Sub -Courthouse 3212 Miller Avenue Fort Worth 76119
17 Handley-Meadowbrook Community Center 6201 Beaty Street Fort Worth 76112
18 James Avenue Service Center 5001 James Avenue Fort Worth 76115
19 JPS Health Center Viola M. Pitts/Como
Lower Level —Suite 100
4701 Bryant Irvin Road N
Fort Worth 76107
20 Southside Community Center 959 E Rosedale Street Fort Worth 76104
21 Southwest Sub -Courthouse 6551 Granbury Road Fort Worth 76133
22 Summerglen Branch Library 4205 Basswood Boulevard Fort Worth 76137
23
Tarrant County Election Center
Main Early Voting Site
Principal sitio de votacidn adelantoda)
2700 Premier Street Fort Worth 76111
24 Tarrant County Plaza Building 201 Burnett Street Fort Worth 76102
25 Villages of Woodland Springs
Amenity Center
12209 Timberland Boulevard Fort Worth 76244
26 Worth Heights Community Center 3551 New York Avenue Fort Worth 76110
27 Godley ISD Administration Building 313 N Pearson Street Godley 76004
28 Asia Times Square
2615 W Pioneer Parkway
Corner Pioneer Pkwy and Great
Southwest Pkwy)
Grand Prairie 75051
9117/2015 9:40:27 AM
Town Council Minutes October 13, 2015 Page 44 of 213Town Council Page 50 of 282 Meeting Date: November 10, 2015
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TARRANT COUNTY EARLY VOTING
VOTAC16N ADELANTADA DEL CONDADO DE TARRANT)
NOVEMBER 3, 2015
3 DE NOVIEMBRE DE 2015)
CONSTITUTIONAL AMENDMENTS AND JOINT ELECTIONS
ELECCIONES SOBRE ENMIENDAS CONSTITUCIONAL y CONJUNTAS)
List of Early Voting locations continued
Lista de cosetas de votaci6n adelantoda continu6)
Location Address City Zip Code
Ubicaci6n) (Direcci6n) (Ciudad) (C6digo
postal)
29 Lake Park Operations Center 5610 Lake Ridge Parkway Grand Prairie 75052
30 The REC of Grapevine 1175 Municipal Way Grapevine 76051
31 Haltom City Northeast Center 3201 Friendly Lane Haltom City 76117
32 Hurst Recreation Center 700 Mary Drive Hurst 76053
33 Northeast Courthouse
Community Room 645 Grapevine Highway
Hurst 76054
34 Keller Town Hall 1100 Bear Creek Parkway Keller 76248
35 Kennedale Community Center 316 W 3rd Street Kennedale 76060
36 Sheriff's Office North Patrol Division 6651 Lake Worth Boulevard Lake Worth 76135
37 Mansfield Sub -Courthouse 1100 E Broad Street Mansfield 76063
38 Dan Echols Center 6801 Glenview Drive N Richland Hills 76180
39 Richland Hills Community Center 3204 Diana Drive Richland Hills 76118
40 Eagle Mountain -Saginaw ISD Administration
Building 6—Training Room
1200 Old Decatur Road Saginaw 76179
41 Southlake Town Hall 1400 Main Street Southlake 76092
42 White Settlement Public Library 8215 White Settlement Road White Settlement 76108
Application for a Ballot by Mail may be downloaded from our website: www.tarrantcounty.com/elections
Solicitud para Boleta par Correa se puede descorgar de nuestro sitio web): www.tarrantcounty.com/elections
Information by phone: Tarrant County Elections Administration, 817-831-8683
Informacion por telefono): (Administraci6n de Elecciones del Condado de Tarrant 817-831-8683)
Applications for a Ballot by Mail may be submitted between September 1, 2015 and October 23, 2015 by mail,
fax or email to:
Solicitudes para una Boleto par Correa pueden ser sometidas entre el 1 de Septiembre de 2015 y 23 de Octubre de 2015
par correo, fax o email a):
Early Voting Clerk (Secretario De Votacidn Adelontoda)
PO Box 961011
Fort Worth TX 76161-0011
Fax: 817-831-6118
Email: votebymail@tarrantcounty.com
WIVI IOMMOU/t1SJ
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ATTACHMENT B
Partially Executed – Termination of Service Contract
Town Council Minutes October 13, 2015 Page 46 of 213Town Council Page 52 of 282 Meeting Date: November 10, 2015
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AGREED TERMINATION OF SERVICE CONTRACT
THIS AGREED TERMINATION OF SERVICE CONTRACT is entered into by and
between the Town of Trophy Club , Texas , a home rule municipality located within Denton
and Tarrant Counties (hereinafter "Town ") and Trophy Club Economic Development
Corporation 4B , a corporation formed pursuant to the laws of the State of Texas (hereinafter
"EDC4B ") for the purpose of terminating all contractual obligations between the parties
arising from and pursuant to a "Service Contract" executed by the parties on or about
January 7 , 2013 wherein EDC4B agreed to make debt service payments on a Town bond
issuance , as more fully described below (hereinafter "Contract").
AGREEMENT OF THE PARTIES
Town and EDC4B entered into the Contract wherein EDC4B agreed to make debt
service payments for the 2002 Bond Issuance of $1,400 ,000.00 (hereinafter "Bond Issuance ")
approved by the Town voters for the purpose of constructing and equipping a municipal park
and swimming pool (hereinafter "Project"). Pursuant to Section II of the Contract, the cost
participation of EDC4B was to be seventy-two percent (72%) of the principal and interest for
the Bond Issuance paid in annual installments for a period of sixteen (16) years , unless that
period was extended as provided in the Contract.
As a result of recent economic development activities within the Town , both the Town
and EDC4B have agreed that it serves their mutual best interests for EDC4B to be released
from its obligations under the Contract and to utilize its revenue on new projects to promote
economic development within the Town and for Town to pay the costs of the Bond Issuance
and Project from other municipal revenues legally available to the Town.
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IN WITNESS WHEREOF, the parties hereto agree that it serves their mutual best
interests to terminate the Contract and that the cross promises provided herein are valid
consideration for the execution of this Agreed Termination. Therefore, EDC4B shall have no
further obligations under the Service Contract, and the Contract shall be terminated upon the
approval and execution of this Agreed Termination by both parties hereto.
EDC4B and the Town , acting under authority of their respective governing bodies ,
have caused this Agreed Termination to be approved and duly executed by the respective
parties identified below , and this Agreed Termination shall become effective on the date of
the last signature hereto.
Date : l0/6/15
• I
Date : ------
TOWN OF TROPHY CLUB, TEXAS
e~~-
C. Nick Sanders, Mayor
Town of Trophy Club
TROPHY CLUB ECONOMIC DEVELOPMENT
CORPORATION 4B
Gregory Wilson , President, Board of Directors
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ATTACHMENT C
Partially Executed – Public Safety Application Support and Maintenance Agreement
Town Council Minutes October 13, 2015 Page 49 of 213Town Council Page 55 of 282 Meeting Date: November 10, 2015
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STATE OF TEXAS §
§
COUNIY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT FOR
PUBLIC SAFITY APPLICATION SUPPORT AND MAINTENANCE
This Interlocal Cooperation Agreement for Pub lic Safety Application Support and
Maintenance, hereinafter referred to as "Agreement'', is made by and between Denton County, a
political subdivision of the State of Texas, hereinafter referred to as the "County", and
I Na me o f Age n cy: TQWD Qf Irooby Club . Tuxas
hereinafter referred to as "Agency1'.
WHEREAS, County is a duly organized political subdivision of the State of Texas engaged
in the administration of county government and related services for the benefit of the citizens of
Denton County, Texas; and
WHEREAS, Agency is duly organized and operating under the laws of the State of Texas
engaged in the provision of munic ipal government and/ or related services for the benefit of the
citizens of Agency; and
WHEREAS, County and Agency agree that the uti lization of combined support and
maintenance of public safety systems wi ll be in the best interests of both County and Agency,
WHEREAS, County and Agency desire to maximize the value in the utilized public safety
applications to improve public safety and law enforcement throughout Denton County,
WHEREAS, County and Agency mutuall y desire to be subject to the provisions of the
Interlocal Cooperation Act of the V.T.C.A. Government Code, Chapter 791; and
NOW THEREFORE, Coun ty and Agency, for the mutual consideration hereinafter stated,
agree and understand as follows :
1. PURPOSE. The Denton County Department of Technology Services has the
resources to provide public safety application support service throughout Denton County.
Agency wishes to utilize County's available public safety application support se rvic es
("Services") during the term of this agreement.
2 . TERM OF AGREEMENT . The term of this Agreement shall be for a one year period
beginning October 1, 2015 and ending on September 30, 2016. Agency may select the desired level
of support (either Basic or Enhanced) for each term of Agreement.
3. TERMINATION OF AGREEMENT . Either party may terminate this agreement,
with or without cause, after providing sixty (60) days written notice to the other party.
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4. BASIC SUPPORT. Each Agency that participates in the Denton County Shared
Governance Communications & Dispatch Services System shall be eligible to receive basic
support (as defined in Exhibit "A" -Service Level Agreement) from County at no additional cost.
5. ENHANCED SUPPORT. Each Agency that participates in the Denton County
Shared Governance Communications & Dispatch Services System shall be eligible to select
optional enhanced support (as defined in Exhibit "A" -Service Level Agreement) from County.
5.1 If this Agreement is terminated prior to the expiration of the term of
Agreement, County shall send a pro-rated refund of the optional enhanced
support fees back to Agency based on the amount of time left on the
original agreement term.
5.2 In the initial term of Agreement, Enhanced Support services will begin in
January 2015 and will be pro-rated for 9 months of services. In future
years the Enhanced Support services will begin in October. Before January
201 ?, participating agencies will automatically receive Basic Support
services.
5.3. Agency shall pay to County the Total Amount more fully described on
Exhibit "B".
6. SOITW ARE LICENSES AND MAINI'ENANCE. "Software" shall be defined as
supported applications as described in Exhibit "A" -Service Level Agreement. Each Agency that
participates in the Denton County Shared Governance Communications & Dispatch ~ervices
System shall be responsible for its own Software licenses and maintenance.
6.1. Agency is responsible for purchasing any new Software licenses required
by Agency.
6.2. Agency is responsible for payment of all maintenance fees on Software
currently in use by Agency. Payment may be made either directly to the
software manufacturer or as a reimbursement to County for maintenance
paid on Agency's behalf. Maintenance fees that are paid by County on
behalf of Agency are described in Exhibit "B". County will work with
Agency and software manufacturer to transfer Agency specific
maintenance costs to bill directly to Agency (instead of billing to County
and requiring reimbursement from Agency).
6.3 If this Agreement is terminated prior to the expiration of the term of
Agreement, maintenance fees already paid to the software manufacturer
are not eligible for refund.
7. COUNIY SERVICES AND RESPONSIBILITIES . County agrees to provide the
following services and responsibilities:
7 .1 County shall provide either Basic Support Services or Enhanced Support
Services as more fully described on Exhibit "A" based on Agency's selection.
7 .2 If applicable, County shall provide any mutually agreed Additional Agency
Specific Services as more fully described on Exhibit "A".
7 .3 County shall have the sole discretion as to the method of providing the
Services and shall be the sole judge as to the most expeditious and effective manner of handling
and responding to service requests. County will devote sufficient time to insure the performance
of all duties and obligations· set forth herein.
Interlocal Cooperation Ag r eem ent fo r 2015 -16 Page 2 of 6
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8. AGENCY RESPONSIBILmES. Agency agree s to the fo ll owing responsibilities:
8.1 Furnish County with a current list of key contacts including an IT
coordinator contact on page 1 of Exhibit "A".
8.2 Except as oth erwise specificall y provided by County Services and
Responsibi lities (in section 7 above), Agency is responsible for the costs
and upgrades associated with maintaining all Agency computer
equipment, network equipment, and software.
8 .3 Agency agrees to abide by a ll laws of the United States and the State of
Texas and a ll present or h ereafter approved rules, policies and procedures
of TLETS, NLETS, TCIC, NCIC and any other system now or in the future
associated with TLETS concerning the collection , storage, processing,
retrieval, dissemination and exchange of information for criminal justice
purposes.
8.4 Agency shall select the desired level of support (either Basic or Enhanced)
on the signature page to this Agreement.
8.5 Agency is responsible for sending payments to County (Denton County
Auditor, Attn: Public Safety App lication Support & Maintenance, 401 W.
Hickory St, Ste 423, De n ton, TX 76201) as more fully described in Exhibit
"B" to this Agreement within 3 0 calendar days of approval of Agreement.
9. AGREEMENf. The parties acknowledge they have read and understand and
intend to be bound by the terms and conditions of this Agreement. This Agreement contains the
entire understanding between the parties concerning the subject matter hereof. No prior
understandings , whether verbal or written, between the parties or their agents are enforceable
unless included in writing in this agreement. This Agreement may be amended only by written
insh'ument signed by both parties.
10. AGREEMENf LIASONS. Each party to this agreement shall designate a Liaison to
insure the performance of all duties and obligations of the parties. The Liaison for each party
shall devote sufficient time and attention to the execution of said duties on behalf of the Party to
ensure full compliance with the terms and conditions of this Agreement.
11 . ASSIGNMENf. Neither party shall assign, transfer, or sub -contract any of its rights,
burdens, duties, or obligations under this Agreement without the prior written permission of the
othe r party to this Agreement.
12. AGENCY LIABILITY. Agency understands and agrees that Agency, its employees ,
servants, agents , and representatives shall at no time represent themselves to be employees,
servants, agents, or representatives of County. Agency shall not be required to indemnify nor
defend County for any liability arising out of the wrongful acts of employees or agents of County
to the extent allowed by Texas law.
13 . COUNfY LIABILITY. County understands and agrees that County, its employees ,
servants, agents , and representatives shall at no time represent themselves to be employees ,
servants, agents, or representatives of Agency. County shall not be required to indemnify nor
defend Agency for any liability arising out of the wrongful acts of employees or agents of Ag ency
to the extent allowed by Texas law.
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14. DISPlITES/RECOURSE. County and Agency agree that any disputes or
disagreements that may arise w h ich are not reso lved at th e staff leve l by the parties should be
referred to the Appointed Liai sons for each entity. Any further disputes arising from the failure
of either Agency or County to perform sh a ll be submitted to mediation, with the parties splitting
the mediation fees equall y. It is further agreed and understood that the scope of matters to be
submitted to dispute med iation as referenced above is limited to disputes concerning sufficiency
of performance and duty to pay or entitlement, if any, to any reduced fee or compensation. Any
other disputes or conflicts involving damages or claimed remedies outside the scope of
sufficiency of performance and compensation adjustment shall be referred to a court of
competent jurisdiction in Denton County, Texas.
15. EXHIBITS. Attached hereto, and referred to elsewhere in this Agreement are the
following Exhibits, which are hereby incorporated by reference.
Exhibit A
ExhibitB Cost Schedule for Maintenance and Enhanced Su rt
16. MULTIPLE ORIGINAfS. It is understood and agreed that this Agreement may be
executed in a number of identical counterparts, each of which shall be deemed an original for
all purposes.
1 7 . NOTICES. All notices, demands or other writings may be delivered by either party
by U.S. First Class Mail or by other reliable courier to the parties at the following addresses:
County: 1 Denton County Judge
Denton County Commissioners Court
110 West Hickory , Room #207
Denton, Texas 76201
2 Chief Information Officer (CIO)
Denton County Technology Services
701 Kimberly Drive, Suite 285
Denton, Texas 76208
3 Assistant District Attorney
Denton County Criminal District Attorney's Office
14 50 E. McKinney Street, 3rct Floor
PO Box 2344
Denton, Texas 76202
Name of Agency: Town of Trophy Club
Contact Person Stephen Seidel Town Manaqer
Address 100 Municipal Drive
City, State, Zip Trophy Club , TX 76262
Telephone 682-831 -4600
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18. SEVERABILTIY. The validity of this Agreement and any of its terms or provisions,
as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of
Texas. Further, this Agreement shall be performed and all compensation payable in Denton
County, Texas. 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.
19. TIURD PARTY. This Agreement is made for the express purpose of providing
public safety application support and maintenance services, which both parties recognize to be
a governmental function. Except as provided in this Agreement, neither party assumes any
liability beyond that provided by law. This Agreement is not intended to create any liability for
the benefit of third parties.
20. VENUE. This agreement will be governed and construed according to the laws of
the State of Texas. This agreement shall be performed in Denton County, Texas.
21. WAIVER. The failure of County or Agency to insist upon the performance of any
term or provision of this Agreement or to exercise or enforce any right herein conferred, or the
waiver of a breach of any provision of this Agreement by either party, shall not be construed as
a waiver or relinquishment to any extent of either party's right to assert or rely upon any such
term or right, or future breach of such provision, on any future occasion.
22. AUTIIORIZED OmCIALS. Each party has the full power and authority to enter
into and perform this Agreement. The persons executing this Agreement represent they have
been properly authorized to sign on behalf of their governmental entity.
23. CURRENf FUNDS. All payments made by Agency to County pursuant to this
Agreement shall be from current revenues available to Agency.
Interlocal Coop er a tion Agreement for 2015 -16 Page 5of 6
Public Sa fety Appli cation Support and M a inten a n ce Town Council Minutes October 13, 2015 Page 54 of 213Town Council Page 60 of 282 Meeting Date: November 10, 2015
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DENTON COUNIY, TEXAS
Mary Horn, County Judge
Denton County Commissioners Court
110 West Hickory, Room #207
Denton, Texas 76201
(940)349 -2820
EXECUT.ED duplicate originals on this
Date:. __________ _
Approved as to form:
Assistant District Attorney
Denton County Criminal District
Attorney's Office
lnterlocal Cooper a tion Ag r eem ent for
Public Safety Appli cation Support a nd Mainten a nce
AGENCY
Please select the desired support level:
Basic Support
-or-
l><] Enhanced Support
~~
Sig nature
C. Nick Sanders , Mayor
Town of Trophy Club
100 Municipal Drive
Trophy Club, TX 76262
682 -831 -4608
EXECUTED duplicate originals on this
Date: ID / 15 / 15
Approved as to form:
W,u~
Attorney for Agency
2015-16 Page 6of 6
Town Council Minutes October 13, 2015 Page 55 of 213Town Council Page 61 of 282 Meeting Date: November 10, 2015
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DENroN CouNTY-DEPARThENTOFTEctN:x..ooY SERvlces
SERVICE LEVEL AGREBv1ENT-~ St>J:ET'f f.GN::Es
Version
Version Date Revision I Description
1.0 10/1/2014 Initial Version
Name of "Agency "
I Town of Trophy Club. TX
Agency Locations
Agency Contacts
Title Name Email
Agreement Liason Patrick Arata parata@trophyclub .org
IT Coordinator Mike Pastor m pastor@trop hycl u b. org
Additional Agency Specific Services
Exhibit A -Service Level Agreement vi .0 -Public Safety Agencies
Exl-erA
Phone
682-831-4650
682-831-4604
Page l of 11 Town Council Minutes October 13, 2015 Page 56 of 213Town Council Page 62 of 282 Meeting Date: November 10, 2015
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DENroNCouNTY-0EPART111ENTOFTEcl-to..oGYSeRvlces
SERVICE 1..E\113.. AGREEMENT -F\e..c $A.FETY /lraas
County Contacts
Title Name Email
Agreement Liason & Isaac White Isaac. Wh ite @ dentoncounty .com
Aoolication Support Manager
Application Support Administrator Cathy Stanley Cathy. Stan ley @ dentoncounty .com
Chief Information Officer Kevin Carr Kevin . Carr@ dentoncounty.com
Deputy Chief Information Officer Brian King Brian. King@ dentoncounty .com
Technical Services Manager Damian Van Zile Damian.VanZile@ dentoncounty.com
Desktop Operations Manager Shawn Buchanan Shawn. B uchanan @dentoncounty.com
Server Operations Manager Ray Rose Ray . Rose @ dentoncounty.com
Network Operations Manager Don Click Don . Click@ dentoncounty .com
HELP DESK HelpDesk@ dentoncounty .com
Exhibit A -Service Leve l Agreement vi .0 -Pub lic Safety Agencies
Exl-mA
Phone
940-349-4357
940-349-4357
940-349-4500
940-349-4500
940-349-4357
940-349-4357
940-349-4357
940-349-4357
940-349-4357
Page 2 of I I Town Council Minutes October 13, 2015 Page 57 of 213Town Council Page 63 of 282 Meeting Date: November 10, 2015
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0ENroN COUNTY-DEPAR111ENTOFTEcl-Nx.oGY5ERvlc::Es
SERVICE LEVEL AGREEMENT-F\B..c ScffTy /lrao=s
Table of Contents
B<ttiTA
1. Service Overview ................................................................................................................................................................... 4
2. Service Description ................................................................................................................................................................ 4
2.1 Assumptions ...................................................................................................................................................................... 4
2.2 Supported Applications ...................................................................................................................................................... 4
2.3 Available Services ............................................................................................................................................................... 5
3.1 County Responsibility ......................................................................................................................................................... 5
3.2 Agency Responsibility ......................................................................................................................................................... 6
4. Service Support ...................................................................................................................................................................... 7
4.1 Requesting Service ............................................................................................................................................................. 7
4.2 Hours of Coverage .............................................................................................................................................................. 7
4.3 Incident and Request Response and Prioritization .............................................................................................................. 7
4.4 Resolution .......................................................................................................................................................................... 7
4.5 Service Escalation ............................................................................................................................................................... 7
4.6 Priority Levels .................................................................................................................................................................... 8
4.7 Priority level Determination ............................................................................................................................................... 9
4.8 Service Level Measurements .............................................................................................................................................. 9
4.9 Scheduled Maintenance ..................................................................................................................................................... 9
4.10 Unscheduled Maintenance ................................................................................................................................................. 9
5. Customer Service Survey ...................................................................................................................................................... 10
Exhi b it A -Serv ice Leve l Agreeme nt v 1.0 -Publi c Safety Age ncies Page 3of 11 Town Council Minutes October 13, 2015 Page 58 of 213Town Council Page 64 of 282 Meeting Date: November 10, 2015
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DeNroNCOUNTY-DEPARTlllENTOFTEaflol.oGY SeR\«:es
SERVICE LEVEL AGREEMENT-A..w; $6J:Ery Preas
1. Service Overview
This is a Service Level Agreement ("SLA ") between the Agency and the Denton County Department of
Technology Services ("DTS") to document:
• the technical services provided to the Agency;
• the general levels of response , availability, and maintenance associated with these services;
8G-erA
• the responsibilities of DTS as a provider of these services and of Agency users receiving services ; and
• processes for requesting services.
2. Service Description
2.1 Assumptions
• An "Incident" is defined as any interruption in the normal functioning of a supported service or
system. Incidents that cannot be legitimately resolved within the timeframe of th is SLA or tha t
do not have an available workaround, will become part of a Problem Management process .
• A "Request " is defined as any new service, a change to an existing service, or removal of an
existing service .
• An "Inquiry" is defined as a request for information.
• Services will be provided in adherence to any related policies, processes and procedures.
2.2 Supported Applications
The following software applications will be supported :
• SunGard MCT/MFR
• ONESolution RMS
• OpCenter
• Police2Police, Police2Citizen
• Any additional SunGard applications purchased under the Denton County contra ct and made
available to other agencies.
• FIREHOUSE Software
Exhibit A -Service Leve l Agreement v l .0 -Pu b lic Safety Agencies Page 4of11 Town Council Minutes October 13, 2015 Page 59 of 213Town Council Page 65 of 282 Meeting Date: November 10, 2015
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DENroNCouNTY-DEPARTIVENTOFTEaH>L.ooY 5ERW:ES
SERVICE LEVEL AGRE8v1ENT -Pt.e..r; SAfETy PaN:F, Exl-erA
2.3 Available Services .
Basic Support Services: Agencies that choose the Basic Support option will be provided the following
services:
• Client support services will be provided through the software vendor.
• Remote access to county hosted systems for supported applications .
• Password resets during normal business hours.
• Software update notifications for supported applications.
• Maintenance and support of Site -to-Site connections for County owned equipment only.
• Participation in the Denton County Law Enforcement Portal (p2c .dentoncounty.com).
• Access to the OpCenter web site .
Enhanced Support Services: Agencies that choose the Enhanced Support option will be provided the
following services :
• All services provided under Basic Support Services .
• Access to Help Desk after-hours support for critical business issues .
• Software update assistance for supported applications.
• Maintenance and support of the Site -to-Site connection for both County and Agency
equipment.
• Access to Training classes for the supported applications provided by DTS as well as other DTS
training services.
Additional Services: Agencies may negotiate additional services specific to their own agency .
Additional agency specific services are included on the first page of this SLA in the "Additional Agency
Specific Services" section .
'
3. Roles and Responsibilities
3.1 County Responsibility
County responsibilities and/or requirements in support of this Agreement include:
• Making best efforts to resolve problems (or find workarounds) within the expected completion
times based on the priority for all incidents and requests . Completion times depend on a
number of factors including complexity, the availability of the user, access to external resources
such as software fixes, and the existence of a solution.
• Providing assistance with basic installation of software relating to the listed applications.
• Acting as the liaison with vendors or external resources for supported services .
• Maintaining and updating all county owned software and hardware required to provide Services
for the Supported Applications.
• Generating annual reports on service level performance.
• Notifying agencies of all scheduled and unscheduled maintenance via e-mail notifications from
the DTS Help Desk .
• The County is responsible for the costs and maintenance of all County computer equipment,
network equipment, and software .
• Ensuring the security of the County computer systems and network.
Exhibit A -Service Leve l Agreement vi .0 -Public Safety Agenc ies Page 5of11 Town Council Minutes October 13, 2015 Page 60 of 213Town Council Page 66 of 282 Meeting Date: November 10, 2015
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DENroNCouNTY-DEPARTIIENTOFTEctNx.ooY 5ERvK:Es
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• Preventing unauthorized access to Agency information .
• Maintaining regular backups of files and data stored on county owned equipment.
3.2 Agency Responsibility
Agency responsibilities and/or requirements in support of this Agreement include:
• Payment of all maintenance fees on software currently in use by the Agency.
• Payment of all support services selected by the Agency .
• Notifying the County of personnel changes in a timely manner.
E»erA
• Making best effort for availability of user(s) when resolving a service related incident or request.
• Submitting requests for service to the Denton County Help Desk .
• Communicating plans, changes of needs, and problems to the County in a timely manner.
• Except as otherwise specifically provided by this SLA, the Agency is responsible for the costs and
maintenance of all Agency computer equipment, network equipment, and software.
• Ensuring all Agency owned systems meet minimum requirements for the Supported
Applications .
• Ensuring the security of the Agency computer systems and network.
• Preventing unauthorized access to County information.
• Maintaining regular backups of files and data stored on agency owned equipment.
• Designating an "Information Technology (IT) Coordinator" to ensure that these responsibilities
are carried out and to serve as the primary contact person between the agency and DTS. For
Agencies who use the SunGard RMS and/or have a Site-to -Site connection, the IT Coordinator
will also be responsible for resetting user passwords for their agency utilizing the SMS
application. Because agencies have different needs, IT resources , and levels of internal
expertise, the needs and resources of a given agency may not require the IT Coordinator to have
an extensive technical background .
Exhibit A -Service Level Agreement v 1.0 -Public Safety Agencies Page 6of11 Town Council Minutes October 13, 2015 Page 61 of 213Town Council Page 67 of 282 Meeting Date: November 10, 2015
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DENroNColMY-DEPARTillENTOFTEafloloGYSERw::e.s
SERVICE LEVEL AGREEMENT -A.ru:: &J:£TY IGN:J:s
4. Service Support
4.1 Requesting Service
ExttirA
• Contact the Denton County Help Desk by one of the options below. In order to ensure the
fastest possible service, please do not send requests to a specific County employee. Except for
emergencies, drop-ins should be scheduled through the Help Desk.
• Phone -Call 940 -349-HELP (4357)
Phone service is available during normal hours of operation . Messages left outside of normal
hours will be processed the next business day . An on-call technician will be available outside of
normal hours for emergency calls only.
• Email -Helpdesk@dentoncounty.com
E-mail requests will be processed during regular business hours. Email requests can be sent 24
hours a day, 7 days a week.
• Information Technology (IT) Coordinator
Please contact your IT Coordinator for services not listed .
4.2 Hours of Coverage
Service is available during standard operating hours of 8:00am -S:OOpm Monday-Friday, except on
County holidays.
4.3 Incident and Request Response and Prioritization
• Incoming Service Requests will fall into priority levels of 'Critical', 'Urgent', 'High', 'Medium',
'Normal' and 'Low'. These levels will be identified by type (incident, request for service or
inquiry), urgency and impact of the Service Request . If the incident cannot be resolved during
the initial call, a DTS technician will be contacted to further research the issue . For responses to
Service Requests, the goal for DTS is to respond in a timely manner.
4.4 Resolution
• DTS will use reasonable efforts to resolve Service Requests that are within the control of DTS
responsibilities. Circumstances beyond DTS control (waiting for parts, response from user, or
third party involvement) will constitute a temporary suspension of the SLA clock until
appropriate response, replacement parts or services have been received .
4.5 Service Escalation
• If you are not satisfied with the level of service on a request, contact your IT Coordinator or the
Technical Services Manager of DTS . They will respond to you with the action taken or to develop
a solution that meets your needs .
Exhibit A -Service Level Agreement vi .0 -Public Safety Agencies Page 7of11 Town Council Minutes October 13, 2015 Page 62 of 213Town Council Page 68 of 282 Meeting Date: November 10, 2015
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OENroNCol.MTY-DEPARTNENTOFTEct-Nx..ooVSER\nces
SERVICE LEVELAGREEMENT-R..ac Stffrv /laJ.as E»erA
4.6 Priority Levels
• DTS provides service based on the following Priority Levels.
Priority Level Characteristics
Priority Level Expected Completion Time Description
I ncident Le v els (Standard Business Hou rs Sam -Spm, Monday through Friday)
Critical 8 hours • An incident where systems are down or seriously
80% of the time.
impacted and/or products/services are unavailable . (Continued repair until '
-operational) • Normally a global issue or a large number of Agency
users are being affected .
• There is no acceptable workaround to the problem (i.e .,
the job cannot be performed in any other way).
The commitment of incident management resources is
critical.
Urgent 1 business day • Issues affecting a large number of users
80% of the time . • Requests that require immediate attention
High 2 business days • The issue causes any Agency user to be unable to work
80% of the time. or perform some significant portion of their job.
• Incidents where systems are degraded/unreliable;
performance and/or legal agreements are at risk.
• There is an acceptable and implemented workaround to
the problem (i.e., the job can be performed in some
other way).
The commitment of incident management resources is
high .
Medium 3 business days • An incident where performance and/or legal agreements
80% of the time . may be degraded . The actual and potential business
impact is low in terms of the user. (a few or less users
are affected)
• The issue causes a Agency user to be unable to perform
some small portion of their job, but they are still able to
complete most other tasks . May also include questions
and requests for information .
Exhibit A -Service Leve l Agreeme nt v 1.0 -Public Safety Agenc ies Page 8of 11 Town Council Minutes October 13, 2015 Page 63 of 213Town Council Page 69 of 282 Meeting Date: November 10, 2015
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• A temporary workaround, alternative, or circumvention
is available.
There is no commitment of incident management
resources outside of business as usual.
'
No rma l 5 business days • An incident where performance and/or legal agreements
Low
80% of the time . are not at risk . The actual and potential business impact
is minimal in terms of the user.
10 days • The cust o mer has requested a new service or
80% of the time . information pertaining to a feature, system or service.
4. 7 Pr iority lev e l Determination
• Priority levels will be automatically determined by:
• Service Request Type (incident, request for service or inquiry).
• Impact {Sing le user, 2 -9 users or 10 or more users).
• Urgency {Hig h -User(s) is unable to work, Mediu m -User's work is impacted, Low -A
workaround can be implemented or a user's ability to work is not greatly impacted.)
Priority Levels (Incidents)
Single User 2-9 users 10+ Users
High High High Urgent
Medium Medium High High
Low Normal Medium Medium
4.8 Service Level Measurements
• Service levels will be measured based on the overall service level targets for each agency
broken out by Priority Levels {Critical, Urgent, High, Medium, Normal, Low). These targets are
based on each priority's expected completion times . Service level reports will be run on a
yearly basis and reviewed by DTS and Agencies at that time. The minimum number of total
Service Requests required to meet the SLA percentage for a given Priority Level will be 12 or
more. If an agency has less than 12 SR's in any given priority level then the overall weighted
percentage will apply to that priority.
4.9 Scheduled Maintenance
• DTS plans scheduled maintenance windows each week (usually on Thursday evenings, starting
at 7 p .m. until 7a.m ., the next day) to maintain and increase the security, availability, and
performance of the network and supported applications. DTS works to minimize or avoid any
disruption to public safety agencies during the maintenance windows . Agencies will be notified
if we are aware of an anticipated interruption to public safety systems. A notification reminder
will be sent out the morning of the scheduled maintenance day with information about the
maintenance being performed .
4.10 Unschedu led Maintenance
Exhi b it A -Serv ice Leve l Agreeme nt v 1.0 -P ubl ic Safety Agencies Page 9of 11 Town Council Minutes October 13, 2015 Page 64 of 213Town Council Page 70 of 282 Meeting Date: November 10, 2015
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• Occasionally DTS may be required to interrupt services to Agency users due to unpredictable
maintenance requirements that had not been previously planned but require prompt attention
and must have action taken to allow for system restoration and protection of county resources.
When possible, email notification will be sent 24 hours, or more, prior to maintenance
specifying the work to be performed .
5. Customer Service Survey
5.1 Survey Form
• Upon closure of a Service Request, Agency employees will receive a link to the Customer
Satisfaction Survey. These surveys are important in gauging work quality within DTS and help
improve customer service .
5.2 Customer Satisfaction Survey Ratings-Detailed Definitions
Technician went beyond what was required
• Quality of work is exceptional ; performance far exceeds the needed requirement to fulfill the
request.
• Quick to respond . Receptive to needs and was able to understand the request with informative
questioning.
• The resolution was much faster than expected .
• Communication was frequent throughout the entire process and updates during the progress
and upon finding a solution were completely understandable .
• Actions were taken quickly and an optimal solution was found .
• Technician showed an ability to quickly understand the request and utilized their skills to the
fullest.
• Technician went out of their way in providing support.
Excellent
• Quality of work is excellent and an extra effort was taken in fulfilling the request .
• Quick response in initial contact. Receptive and willing to help .
• The resolution was faster than expected.
• Technician made sure to communicate status as well as inform user of solution.
• Technician went out of their way to properly resolve the issue .
• Technician came up with a solution to allow minimal interruption to the user .
• Technician took a complete interest in helping .
Satisfied
• Quality of work is acceptable .
• Initial contact was cordial and responsive to my needs .
• Has demonstrated the ability to handle the Service Request within an appropr iate timeframe .
• Communicated the status as well as resolution.
• Solution met the requirement needed to resolve the issue.
• Performed the task with the proper technical skills and expertise.
• Technician was thorough in taking care of the Service Request .
Needs Improvement
• Quality of work is poor.
Exhibit A -Service Leve l Agreement v 1.0 -Public Safety Agen cies Page 10of11 Town Council Minutes October 13, 2015 Page 65 of 213Town Council Page 71 of 282 Meeting Date: November 10, 2015
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• Access to help was time consuming .
8<1-eTA
• Technician did not demonstrate the ability to handle issue within an appropriate timeframe .
• Poor communication. Issues were not explained or understood.
• Questionable resolution . ·
• Technician seemed unconfident with ability.
• Lack of interest, only helpful enough to get the task completed.
Dissatisfied
• Failed to meet expectations.
• Little or no response to requests.
• Issue persists .
• Little or no communication during work being done .
• No progress was made in response to corrective action .
• There is a definite lack of ability and/or willingness .
• Technician was rude .
Not Applicable
• Question being asked does not pertain to the request.
Exhibit A -Service Leve l Agreement v 1.0 -Pub lic Safety Agencies Page 11 of 11 Town Council Minutes October 13, 2015 Page 66 of 213Town Council Page 72 of 282 Meeting Date: November 10, 2015
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EXHIBIT B
FY 2016 Cost Schedule for Maintenance and Optional Enhanced Support
Police Department
Application Maint Amt Qty Total
OSSI MCT Client for Digital Dispatch $ 113 .64 10 $ 1,136.00
OSSI Mobile Client Maps I $ 22 .90 I 10 $ 229 .00
OSSI Client AVL Mobile License $ 17.13 6 $ 103 .00
OSSI -MFR Client -Racial Profiling I $ 22 .90 I 10 $ 229.00
OSSI -MFR Client-Base Incident/Offense $ 113.64 10 $ 1,136 .00
OSSI Mob ile Arrest Module I $ 45 .45 I 10 $ 455.00
OSSI Accident Wizard Workstation License Client $ 26 .22 6 $ 157 .00
OSSI -MFR Client Citation I $ 75 .69 I 8 $ 606 .00
OSSI -MFR Client -Accident Reporting $ 75.69 6 $ 454 .00
I I
OSSI Client Base Records Management System $ 1,116.77 1 $ 1, 117 .00
Upgrade to Site License I $ 1,690.39 I 1 $ 1,690.00
OSSI -Link Analysis Module $ 305.96 1 $ 306 .00
OSSI RMS Map Display and Pin Mapping License -Site
1 $ 174.84 1 License 1 $ 175.00
OSSI Multi-Jurisdictional RMS Option $ 48.08 1 $ 48.00
OSSI Notification Module [$ 196 .69 I 1 $ 197.00
OSSI Racial Profiling Module-Site $ 43.71 1 $ 44 .00
OSSI Sex Offender Module I $ 131 .13 I 1 $ 131 .00
OSSI Crime Analysis Module -Site License $ 109 .27 1 $ 109 .00
OSSI Base Mobile Server Software Client I $ 477.96 I 1 $ 478.00
OSSI AVL Server Host License $ 344.21 1 $ 344 .00
OSSI Residential Security Watch Module I $ 21 .22 I 1 $ 21 .00
OSSI Review Module for Field Reporting $ 353.61 1 $ 354 .00
OSSl's Integrated Messaging Switch Software I $ 196 .69 I 1 $ 197 .00
Total Maintenance Fees to be reimbursed to County 1 $ 9 ,716 .00
Optional Enhanced Support Fees I $ 3 ,886.00
Total Maintenance + Optional Enhanced Support [ I $13 ,602 .00
Page 1 of 1
Town Council Minutes October 13, 2015 Page 67 of 213Town Council Page 73 of 282 Meeting Date: November 10, 2015
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ATTACHMENT D
Resolution No. 2015-33
Town Council Minutes October 13, 2015 Page 68 of 213Town Council Page 74 of 282 Meeting Date: November 10, 2015
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2015-33
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, REPEALING RESOLUTION NO. 2014-41
AUTHORIZING PARTICIPATION IN VARIOUS COOPERATIVE
PURCHASING PROGRAMS AND ADOPTING A NEW RESOLUTION
AUTHORIZING PARTICIPATION IN VARIOUS COOPERATIVE
PURCHASING PROGRAMS IN ACCORDANCE WITH THE TOWN'S
PROCUREMENT POLICIES AND PROCEDURES; IDENTIFYING
THOSE COOPERATIVE PURCHASING PROGRAMS APPROVED FOR
TOWN PARTICIPATION; APPOINTING THE TOWN MANAGER OR HIS
DESIGNEE AS THE PROGRAM COORDINATOR OF COOPERATIVE
PURCHASING PROGRAMS; AUTHORIZING EXECUTION OF ANY
AND ALL NECESSARY AGREEMENTS FOR PARTICIPATION IN THE
COOPERATIVE PROGRAMS BY THE MAYOR OR HIS DESIGNEE
AND APPROVING RELATED CONTRACTS AND THE PAYMENT OF
RELATED FEES IN ACCORDANCE WITH THE BUDGET; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 271 of the Texas Local Government Code authorizes a
local government to participate in a cooperative purchasing program and provides that
purchases made pursuant to an agreement with a local cooperative organization satisfy
state laws requiring the local government to seek competitive bids for the purchase of
the goods or services; and
WHEREAS, the Procurement Policies and Procedures of the Town of Trophy
Club authorize purchases from a cooperative purchasing program or other approved
state program provided that the Town Council has approved participation; and
WHEREAS, Town's participation in the cooperative purchasing programs and
other approved state programs will improve efficiency in the purchasing process by
allowing the Town to meet competitive bid requirements, to identify and purchase goods
and services from qualified vendors, to relieve the burdens of the governmental
purchasing function,
and to realize the various potential economies, including
administrative cost savings that such programs provide; and
WHEREAS, upon consideration of the cooperative purchasing programs
specified in this Resolution, and all matters attendant and related thereto, the Town
Council is of the opinion that the Town's participation in these programs is beneficial
and should be approved, that Resolution No. 2014-41 should be repealed in its entirety,
that this Resolution be adopted, and that the Town Manager or his designee is
appointed as the Program Coordinator for the Town's membership in such cooperative
programs; and
Town Council Minutes October 13, 2015 Page 69 of 213Town Council Page 75 of 282 Meeting Date: November 10, 2015
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WHEREAS, in the event that participation in any of the cooperative purchasing
programs approved by this Resolution requires the execution of an Agreement and / or
the payment of a fee, such Agreement and fee are hereby approved and the Mayor or
his designee is hereby authorized
to execute any necessary Agreements for
participation in such program(s) and the Program Coordinator is authorized to approve
the payment of applicable fees provided that funds are budgeted and available for such
participation.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1. The foregoing premises, which are hereby found to be true and to
be in the best interest of the Town of Trophy Club and its citizens, are hereby adopted.
Section 2. The Town's participation in the following cooperative purchasing
programs is hereby authorized and approved in accordance with the terms of this
Resolution and of the Town of Trophy Club Procurement Policies and Procedures:
BuyBoard
Choice Partners
City of Frisco
Denton County
Department of Information Resources (DIR)
Houston -Galveston Area Council Cooperative Purchasing Program (H -GAC)
National Cooperative Purchasing Alliance (NCPA)
National Joint Powers Alliance (NJPA)
North Central Texas Council of Government Cooperative Purchasing Program ( NCTCOG)
Tarrant County
Texas Building and Procurement Commission (TBPC)
Texas Interlocal Purchasing System (TIPS)
Texas Multiple Award Schedules (TXMAS)
Texas Procurement and Support Services (TPASS)
The Cooperative Purchasing Network (TCPN)
Trusted Purchasing Alliance (TPA)
US Communities
US General Services Administration (GSA)
Western States Contracting Alliance
Section 3. The Town Manager or his designee is appointed as the Program
Coordinator for the Town's membership in approved cooperative purchasing programs.
The Program Coordinator is authorized to approve the payment of applicable fees for
approved programs provided that funds are budgeted and available for such
participation.
RES 2015-33 Page 2 of 3
Town Council Minutes October 13, 2015 Page 70 of 213Town Council Page 76 of 282 Meeting Date: November 10, 2015
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Section 4. The Mayor or his designee is hereby authorized to execute anynecessaryAgreementsforparticipationinsuch program(s) according to the terms andconditionsset forth in this Resolution and the Town's Procurement Policies andProcedures.
Section 5. This Resolution shall become effective immediately
upon itspassage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 13th day of October, 2015.
ATTEST:
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
rl
Holly Fimbr s, Town Secretary cu;
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
SEAL]
RES 2015-33
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ATTACHMENT E
Partially Executed – Verizon Land Lease Agreement (Crooked Creek)
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/
CROOKED CREEK/291885
BJM/01 .16.2015
LAND LEASE AGREEMENT
This Land Lease Agreement ("Agreement"), made this __ day of
_______ , 20_ between TOWN OF TROPHY CLUB , a Texas home rule
municipality, with an address of 100 Municipal Drive, Trophy Club, Texas 76262,
hereinafter designated LESSOR and DALLAS MTA, LP. d/b/a Verizon Wireless, with
its principal offices at One Verizon Way, Mail Stop 4AW100 , Basking Ridge , New Jersey
07920 (telephone number 866-862-4404), hereinafter designated LESSEE. LESSOR
and LESSEE are at times collectively referred to hereinafter as the "Parties" or
individually as the "Party ".
1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain
parcel of property (the entirety of LESSOR 's property is referred to hereinafter as the
Property), located off of State Highway 114 , Trophy Club , Denton County, Texas , and
being described as a 240 square foot parcel (the "Land Space "), together with the air
space rights for the placement of antennas on the existing electric transmission tower
("Antenna Space "), together with a ten feet (1 O') wide non-exclusive utility easement for a
duct bank trench running from the Land Space to the existing power tower (the "Duct
Bank Trench "), together with the non-exclusive right (the "Rights of Way") for ingress and
egress, seven (7) days a week twenty-four (24) hours a day, on foot or motor vehicle ,
including trucks over or along a twenty foot (20') wide right-of-way extending from the
nearest public right-of-way , State Highway 114 , to the Land Space and Duct Bank
Trench , and for the installation and maintenance of utility wires, poles, cables, conduits ,
and pipes over, under, or along one or more rights of way from the Land Space , said
Land Space, Antenna Space , Duct Bank Trench and Rights of Way (hereinafter
collectively referred to as the "Premises ") being substantially as described herein in
Exhibit "A" attached hereto and made a part hereof. The Property is also shown on the
Tax Map of Denton County as tax identification number 563761, and is further described
in Deed Book 5163 at Page 478 as recorded in the Office of the Clerk of Denton County ,
Texas.
In the event LESSEE is unable to use the Rights of Way , the LESSOR hereby
agrees to grant an additional right-of-way either to the LESSEE at no cost to the
LESSEE.
2 . SURVEY. LESSOR also hereby grants to LESSEE the right to survey
the Property and the Premises , and said survey shall then become Exhibit "B" which
shall be attached hereto and made a part hereof, and shall control in the event of
boundary and access discrepancies between it and Exhibit "A". Cost for such work shall
be borne by the LESSEE .
3. TERM; RENTAL.
a . This Agreement shall be effective as of the date of execution by
both Parties, provided , however, the initial term shall be for five (5) years and shall
commence on the Commencement Date (as hereinafter defined) at which time rental
payments shall commence and be due at a total annual rental of $12,000 .00, to be paid
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in equal monthly installments on the first day of the month , in advance , to LESSOR , or
to such other person , firm or place as LESSOR may , from time to time , designate in
writing at least thirty (30) days in advance of any rental payment date by notice given in
accordance with Paragraph 23 below. The Agreement shall commence based upon the
date LESSEE commences installation of the equipment on the Premises . In the event
the date LESSEE commences installation of the equipment on the Premises falls
between the 1st and 15th of the month , the Agreement shall commence on the 1st of that
month and if the date installation commences falls between the 15th and 31st of the
month , then the Agreement shall commence on the 1st day of the following month
(either the "Commencement Date "). LESSOR and LESSEE agree that they shall
acknowledge in writing the Commencement Date. LESSOR and LESSEE
acknowledge and agree that initial rental payment(s) shall not actually be sent by
LESSEE until thirty (30) days after a written acknowledgement confirming the
Commencement Date. By way of illustration of the preceding sentence, if the
Commencement Date is January 1 and the written acknowledgement confirming
the Commencement Date is dated January 14, LESSEE shall send to the LESSOR
the rental payments for January 1 and February 1 by February 13.
Upon agreement of the Parties , LESSEE may pay rent by electronic funds
transfer and in such event, LESSOR agrees to provide to LESSEE bank routing
information for such purpose upon request of LESSEE .
b . LESSOR hereby agrees to provide to LESSEE certain
documentation (the "Rental Documentation") evidencing LESSOR 's interest in, and right
to receive payments under, this Agreement, including without limitation : (i)
documentation , acceptable to LESSEE in LESSEE's reasonable discretion, evidencing
LESSOR 's good and sufficient title to and/or interest in the Property and right to receive
rental payments and other benefits hereunder; (ii) a complete and fully executed
Internal Revenue Service Form W-9 , or equivalent, in a form acceptable to LESSEE , for
any party to whom rental payments are to be made pursuant to this Agreement ; and (iii)
other documentation requested by LESSEE in LESSEE 's reasonable discretion .
LESSOR agrees to provide updated Rental Documentation in a form reasonably
acceptable to LESSEE. The Rental Documentation shall be provided to LESSEE in
accordance with the provisions of and at the address given in Paragraph 23 . Delivery of
Rental Documentation to LESSEE shall be a prerequisite for the payment of any rent by
LESSEE and notwithstanding anything to the contrary herein , LESSEE shall have no
obligation to make any rental payments until Rental Documentation has been supplied
to LESSEE as provided herein .
Within fifteen (15) days of obtaining an interest in the Property or this Agreement ,
any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall provide
to LESSEE Rental Documentation in the manner set forth in the preceding paragraph.
From time to time during the Term of this Agreement and within thirty (30) days of a
written request from LESSEE, any assignee(s) or transferee(s) of LESSOR agrees to
provide updated Rental Documentation in a form reasonably acceptable to LESSEE .
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Delivery of Rental Documentation to LESSEE by any assignee(s), transferee(s) or other
successor(s) in interest of LESSOR shall be a prerequisite for the payment of any rent
by LESSEE to such party and notwithstanding anything to the contrary herein, LESSEE
shall have no obligation to make any rental payments to any assignee(s), transferee(s)
or other successor(s) in interest of LESSOR until Rental Documentation has been
supplied to LESSEE as provided herein .
4. EXTENSIONS . This Agreement shall automatically be extended for four (4)
additional five (5) year terms unless LESSEE terminates it at the end of the then current
term by giving LESSOR written notice of the intent to terminate at least six (6) months
prior to the end of the then current term .
5 . EXTENSION RENTALS . Commencing on the first annual anniversary of the
Commencement Date and on each annual anniversary thereafter during the term of this
Agreement (including all extension terms), annual rent shall increase by an amount
equal to three percent (3%) of the annual rent due for the immediately preceding lease
year.
6. ADDITIONAL EXTENSIONS . If at the end of the fourth (4th) five (5) year
extension term this Agreement has not been terminated by either Party by giving to the
other written notice of an intention to terminate it at least three (3) months prior to the end
of such term , this Agreement shall continue in force upon the same covenants , terms and
conditions for a further term of five (5) years and for five (5) year extension terms
thereafter until terminated by either Party by giving to the other written notice of its
intention to so terminate at least three (3) months prior to the end of such term . Annual
rental for each such additional five (5) year term shall be equal to the annual rental
payable with respect to the immediately preceding five (5) year Term. The initial term and
all extensions shall be collectively referred to herein as the "Term".
7. TAXES . LESSEE shall have the responsibility to pay any personal
property , real estate taxes , assessments , or charges owed on the Property which is the
result of LESSEE's use of the Premises and/or the installation , maintenance , and
operation of the LESSEE 's improvements , and any sales tax imposed on the rent
(except to the extent that LESSEE is or may become exempt from the payment of sales
tax in the jurisdiction in which the Property is located), including any increase in real
estate taxes at the Property which arises from the LESSEE 's improvements and/or
LESSEE 's use of the Premises . LESSOR is a tax exempt entity ; LESSEE shall each be
responsible for the payment of any taxes , levies , assessments and other charges
imposed including franchise and similar taxes imposed upon the business conducted by
LESSOR or LESSEE at the Property . Notwithstanding the foregoing , LESSEE shall not
have the obligation to pay any tax , assessment, or charge that LESSEE is disputing in
good faith in appropriate proceedings prior to a final determination that such tax is
properly assessed provided that no lien attaches to the Property. Nothing in this
Paragraph shall be construed as making LESSEE liable for any portion of LESSOR 's
income taxes in connection with any Property or otherwise. Except as set forth in this
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Paragraph , LESSOR shall have the responsibility to pay any persona l property , real
estate taxes , assessments , or charges owed on the Property and shall do so prior to the
imposition of any lien on the Property .
LESSEE shall have the right , at its sole option and at its sole cost and expense ,
to appeal , challenge or seek modification of any tax assessment or billing for which
LESSEE is wholly or partly responsible for payment. In the event that as a result of any
appeal or challenge by LESSEE , there is a reduction , credit or repayment received by
the LESSOR for any taxes previously paid by LESSEE , LESSOR agrees to promptly
reimburse to LESSEE the amount of said reduction , credit or repayment.
8 . USE; GOVERNMENTAL APPROVALS . LESSEE shall use the Premises for
the purpose of constructing , maintaining , repairing and operating a communications
facility and uses incidental thereto . A security fence meeting the requirements of
Ordinance No. 2015-36 , any subsequent amendments to Ordinance No . 2015-36 , and
other applicable Town ordinances shall be placed around the perimeter of the Premises
(not including the access easement). All improvements , equipment, antennas and
conduits shall be at LESSEE's expense and their installation shall be at the discretion and
option of LESSEE . LESSEE shall have the right to replace , repair , add or otherwise
modify its utilities , equipment, antennas and/or conduits or any portion thereof and the
frequencies over which the equipment operates , whether the equipment, antennas ,
conduits or frequencies are specified or not on any exhibit attached hereto , during the
Term. It is understood and agreed that LESSEE's ability to use the Premises is contingent
upon its obtaining after the execution date of this Agreement all of the certificates , permits
and other approvals (collectively the "Governmental Approvals") that may be required by
any Federal , State or Local authorities as well as satisfactory soil boring tests which will
permit LESSEE use of the Premises as set forth above . LESSOR shall cooperate with
LESSEE in its effort to obtain such approvals and shall take no action which would
adversely affect the status of the Property with respect to the proposed use thereof by
LESSEE . In the event that (i) any of such applications for such Governmental
Approvals should be finally rejected ; (ii) any Governmental Approval issued to LESSEE
is canceled , expires , lapses , or is otherwise withdrawn or terminated by governmental
authority ; (iii) LESSEE determines that such Governmental Approvals may not be
obtained in a timely manner; (iv) LESSEE determines that any soil boring tests are
unsatisfactory ; (v) LESSEE determines that the Premises is no longer technically
compatible for its use , or (vi) LESSEE , in its sole discretion , determines that the use of
the Premises is obsolete or unnecessary , LESSEE shall have the right to terminate this
Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to
LESSOR in writing by certified mail , return receipt requested , and shall be effective the
date as designated by LESSEE in the notice . All rentals paid to said termination date
shall be retained by LESSOR Upon such termination , this Agreement shall be of no
further force or effect except to the extent of the representations , warranties and
indemnities made by each Party to the other hereunder. Otherwise , the LESSEE shall
have no further obligations for the payment of rent to LESSOR In addition , LESSEE
shall have the right to terminate this Agreement without penalty at any time and for any
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reason prior to the date LESSEE commences installation of the equipment on the
Premises , effect ive upon the date as designated by LESSEE in such notice .
Notwithstanding the foregoing or any other provision in this Agreement, LESSEE shall
comply with all requirements of Ordinance No . 2015-36 .
9. INDEMNIFICATION. Subject to Paragraph 10 below, LESSEE shall
indemnify and hold LESSOR harmless against any claim of liability or loss from
personal injury or property damage resulting from or arising out of the negligence or
willful misconduct of the LESSEE , its employees , contractors or agents , except to the
extent such claims or damages may be due to or caused by the negligence or willful
misconduct of the LESSEE , or its employees , contractors or agents .
10. INSURANCE .
a. LESSEE hereby waives and releases any and all rights of action for
negligence against LESSOR may hereafter arise on account of damage to the Premises
or to the Property , resulting from any fire , or other casualty of the kind covered by
standard fire insurance policies with extended coverage , regardless of whether or not ,
o r in what amounts , such insurance is now or hereafter carried by the Parties , or either
of them. LESSEE 'S waivers and releases shall apply between the Parties and they shall
also apply to any claims under or through either Party as a result of any asserted right
of subrogation or third party claim. All such policies of insurance obtained by LESSEE
concerning the Premises or the Property shall waive the insurer's right of subrogation
against the LESSOR.
b. LESSEE shall maintain at its own cost ;
i. Commercial General Liability insurance with limits not less
than $1 ,000 ,000 for injury to or death of one or more
persons in any one occurrence and $500 ,000 for damage or
destruction to property in any one occurrence
ii. Commercial Auto Liability insurance on all owned , non-
owned and hired automobiles with a minimum combined limit
of not less than one million ($1 ,000 ,000) per occurrence
iii . Workers Compensation insurance providing the statutory
benefits and not less than one million ($1 ,000 ,000) of
Employers Liability coverage.
LESSEE shall include the LESSOR as an additional insured on the Commercial
General Liability and Auto Liabil ity policies .
11 . LIMITATION OF LIABILITY. Neither Party shall be liable to the other , or any
of their respective agents , representatives , employees for any lost revenue , lost profits ,
loss of technology , rights or services , incidental , punitive , indirect , special or
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consequential damages , loss of data , or interruption or loss of use of service , even if
advised of the possibility of such damages , whether under theory of contract , tort
(including negligence), strict liability or otherwise .
12 . ANNUAL TERMINATION . Notwithstanding anything to the contrary
contained herein , provided LESSEE is not in default hereunder beyond applicable
notice and cure periods , either Party shall have the right to terminate this Agreement
upon the annual anniversary of the Commencement Date provided that three (3)
months prior notice is given to the other Party .
13 . INTERFERENCE . LESSEE agrees to install equipment of the type and
frequency which will not cause harmful interference which is measurable in accordance
with then existing industry standards to any equipment of LESSOR or other licensed
wireless communications providers of the Property which existed on the Property prior
to the date this Agreement is executed by the Parties. In the event any after-installed
LESSEE's equipment causes such interference , and after LESSOR has notified
LESSEE in writing of such interference , LESSEE will take all commercially reasonable
steps necessary to correct and eliminate the interference , including but not limited to , at
LESSEE 's option, powering down such equipment and later powering up such
equipment for intermittent testing . In no event will LESSOR be entitled to terminate th is
Agreement or relocate the equipment as long as LESSEE is making a good faith effort
to remedy the interference issue . LESSOR agrees that LESSOR and/or any other
tenants , occupants , or users of the Property who currently have or in the future take
possession of, all or a part of, the Property will be permitted to install only such
equipment that is of the type and frequency which will not cause harmful interference
which is measurable in accordance with then existing industry standards to the then
existing equipment of LESSEE. The Parties acknowledge that there will not be an
adequate remedy at law for noncompliance with the provisions, of this Paragraph and
therefore , either Party shall have the right to equitable remedies , such as , without
limitation , injunctive relief and specific performance .
14. REMOVAL AT END OF TERM . LESSEE shall , upon expiration of the Term ,
or within ninety (90) days after any earlier termination of the Agreement , remove its
building(s), antenna structure(s) (except footings), equipment, conduits , fixtures and all
personal property and restore the Premises to its original condit ion , reasonable wear
and tear and casualty damage excepted . LESSOR agrees and acknowledges that all of
the equipment , conduits, and personal property of LESSEE shall remain the personal
property of LESSEE and LESSEE shall have the right to remove the same at any time
during the Term , (as defined in Paragraph 33 below). If such time for removal causes
LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall
pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if
based upon a longer payment term , until such time as the removal of the building ,
antenna structure , fixtures and all personal property are completed.
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15. HOLDOVER. LESSEE has no right to retain possession of the Premises or
any part thereof beyond the expiration of that removal period set forth in Paragraph 14
herein, unless the Parties are negotiating a new lease or lease extension in good faith .
In the event that the Parties are not in the process of negotiating a new lease or lease
extension in good faith , LESSEE holds over in violation of Paragraph 14 and this
Paragraph 15 , then the rent then in effect payable from and after the time of the
expiration or earlier removal period set forth in Paragraph 14 shall equal to the rent
applicable during the month immediately preceding such expiration or earlier
termination .
16. RIGHT OF FIRST REFUSAL. If LESSOR elects , during the Term to grant to
a third party by easement or other legal instrument an interest in and to that portion of
the Property occupied by LESSEE , or a larger portion thereof, for the purpose of
operating and maintaining communications facilities or the management thereof, with or
without an assignment of this Agreement to such third party, LESSEE shall have the
right of first refusal to meet any bona fide offer of easement on the same terms and
conditions of such offer. If LESSEE fails to meet such bona fide offer within thirty (30)
days after written notice thereof from LESSOR , LESSOR may grant the easement or
interest in the Property or portion thereof to such third person in accordance with the
terms and conditions of such third party offer.
17. RIGHTS UPON SALE. Should LESSOR , at any time during the Term
decide (i) to sell or transfer all or any part of the Property to a purchaser other than
LESSEE , or (ii) to grant to a third party by easement or other legal instrument an
interest in and to that portion of the Property occupied by LESSEE, or a larger portion
thereof, for the purpose of operating and maintaining communications facilities or the
management thereof, such sale or grant of an easement or interest therein shall be
under and subject to this Agreement and any such purchaser or transferee shall
recognize LESSEE's rights hereunder under the terms of this Agreement. To the extent
that LESSOR grants to a third party by easement or other legal instrument an interest in
and to that portion of the Property occupied by LESSEE for the purpose of operating
and maintaining communications facilities or the management thereof and in
conjunction therewith , assigns this Agreement to said third party , LESSOR shall not be
released from its obligations to LESSEE under this Agreement, and LESSEE shall have
the right to look to LESSOR and the third party for the full performance of this
Agreement.
18. QUIET ENJOYMENT . LESSOR covenants that LESSEE , on paying the
rent and performing the covenants herein , shall peaceably and quietly have , hold and
enjoy the Premises .
19 . TITLE. LESSOR represents and warrants to LESSEE as of the execution
date of this Agreement , and covenants during the Term that LESSOR is seized of good
and sufficient title and interest to the Property and has full authority to enter into and
execute this Agreement. LESSOR further covenants during the Term that there are no
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liens , judgments or impediments of title on the Property , or affecting LESSOR's title to
the same and that there are no covenants , easements or restrictions which prevent or
adversely affect the use or occupancy of the Premises by LESSEE as set forth above.
20. INTEGRATION . It is agreed and understood that this Agreement contains
all agreements , promises and understandings between LESSOR and LESSEE and that
no verbal or oral agreements , promises or understandings shall be binding upon either
LESSOR or LESSEE in any dispute , controversy or proceeding at law, and any
addition , variation or modification to this Agreement shall be void and ineffective unless
made in writing signed by the Parties or in a written acknowledgment in the case
provided in Paragraph 3 . In the event any provision of the Agreement is found to be
invalid or unenforceable , such finding shall not affect the validity and enforceability of
the remaining provisions of this Agreement. The failure of either Party to insist upon
strict performance of any of the terms or conditions of this Agreement or to exercise any
of its rights under the Agreement shall not waive such rights and such Party shall have
the right to enforce such rights at any time and take such action as may be lawful and
authorized under this Agreement, in law or in equity . Notwithstanding the foregoing ,
LESSEE shall comply with all applicable Ordinances of the Town , including without
limitation Ordinance No. 2015-36 , and in the event of conflict between this Agreement
and Town Ordinance , Town Ordinance provisions shall have priority .
21. GOVERNING LAW . This Agreement and the performance thereof shall be
governed , interpreted , construed and regulated by the Laws of the State in which the
Property is located . Exclusive venue shall lie in Denton County , Texas.
22 . ASSIGNMENT . This Agreement may be sold , assigned or transferred by
the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal ,
affiliates , subsidiaries of its principal or to any entity which acquires all or substantially
all of LESSEE's assets in the market defined by the Federal Communications
Commission in which the Property is located by reason of a merger, acquisition or other
business reorganization . As to other parties , this Agreement may not be sold , assigned
or transferred without the prior written consent of the LESSOR , which such consent will
not be unreasonably withheld , delayed or conditioned . No change of stock ownership ,
partnership interest or control of LESSEE or transfer upon partnership or corporate
dissolution of LESSEE shall constitute an assignment hereunder. LESSEE may sublet
the Premises within its sole discretion , upon notice to LESSOR. Any sublease that is
entered into by LESSEE shall be subject to the provisions of this Agreement and shall
be binding upon the successors , assigns , heirs and legal representatives of the
respective Parties hereto.
STEVEN QUESTION: Will they sublease space? Does the Town want to be paid for
additional antennas?
23. NOTICES. All notices hereunder must be in writing and shall be deemed
validly given if sent by certified mail , return receipt requested or by commercial courier,
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provided the cour ier's regular business is delivery service and provided further that it
guarantees delivery to the addressee by the end of the next business day following the
courier's receipt from the sender, addressed as follows (or any other address that the
Party to be notified may have designated to the sender by like notice):
LESSOR: Town of Trophy Club
100 Municipal Drive
Trophy Club , Texas 76262
LESSEE : Dallas MTA, L.P .
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention : Network Real Estate
Notice shall be effective upon actual receipt or refusal as shown on the receipt
obtained pursuant to the foregoing.
24. SUCCESSORS . This Agreement shall extend to and bind the he irs ,
personal representative , successors and assigns of the Parties hereto .
25 . SUBORDINATION AND NON-DISTURBANCE. LESSOR shall obtain a
Non-Disturbance Agreement, as defined below, from its existing mortgagee(s), ground
lessors and master lessors , if any , of the Property . At LESSOR's option , this
Agreement shall be subordinate to any future master lease , ground lease , mortgage ,
deed of trust or other security interest (a "Mortgage ") by LESSOR which from time to
time may encumber all or part of the Property or right-of-way ; provided , however, as a
condition precedent to LESSEE being required to subordinate its interest in this
Agreement to any future Mortgage covering the Property , LESSOR shall obtain for
LESSEE's benefit a non-disturbance and attornment agreement for LESSEE's benefit in
the form reasonably satisfactory to LESSEE , and containing the terms described below
(the "Non-Disturbance Agreement"), and shall recognize LESSEE's right to remain in
occupancy of and have access to the Premises as long as LESSEE is not in default of
this Agreement beyond applicable notice and cure periods . The Non-Disturbance
Agreement shall include the encumbering party 's ("Lender's") agreement that , if Lender
or its successor-in-interest or any purchaser of Lender's or its successor's interest (a
"Purchaser") acquires an ownership interest in the Property , Lender or such
successor-in-interest or Purchaser will (1) honor all of the terms of the Agreement , (2)
fulfill LESSOR's obligations under the Agreement, and (3) promptly cure all of the
then-existing LESSOR defaults under the Agreement. Such Non-Disturbance
Agreement must be binding on all of Lender's participants in the subject loan (if any)
and on all successors and assigns of Lender and/or its participants and on all
Purchasers. In return for such Non-Disturbance Agreement , LESSEE will execute an
agreement for Lender's benefit in which LESSEE (1) confirms that the Agreement is
subordinate to the Mortgage or other real property interest in favor of Lender, (2) agrees
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to attorn to Lender if Lender becomes the owner of the Property and (3) agrees to
accept a cure by Lender of any of LESSOR's defaults , provided such cure is completed
within the deadline applicable to LESSOR. In the event LESSOR defaults in the
payment and/or other performance of any mortgage or other real property interest
encumbering the Property , LESSEE , may , at its sole option and without obligation , cure
or correct LESSOR's default and upon doing so , LESSEE shall be subrogated to any
and all rights , titles , liens and equities of the holders of such mortgage or other real
property interest and LESSEE shall be entitled to deduct and setoff against all rents that
may otherwise become due under this Agreement the sums paid by LESSEE to cure or
correct such defaults.
26 . RECORDING. LESSOR agrees to execute a Memorandum of this
Agreement which LESSEE may record with the appropriate recording officer. The date
set forth in the Memorandum of Lease is for recording purposes only and bears no
reference to commencement of either the Term or rent payments .
27 . DEFAULT.
a . In the event there is a breach by LESSEE with respect to any of the
provisions of this Agreement or its obligations under it , including the payment of rent ,
LESSOR shall give LESSEE written notice of such breach . After receipt of such wr itten
notice , LESSEE shall have fifteen (15) days in which to cure any monetary breach and
thirty (30) days in which to cure any non -monetary breach , provided LESSEE shall have
such extended period , approved by LESSOR , as may be reasonably required beyond
the th irty (30) days if the nature of the cure is such that it reasonably requires more than
thirty (30) days and LESSEE commences the cure within the thirty (30) day period and
thereafter continuously and diligently pursues the cure to completion. LESSOR may not
maintain any action or effect any remedies for default against LESSEE unless and until
LESSEE has failed to cure the breach within the time periods provided in this
Paragraph .
b. In the event there is a breach by LESSOR with respect to any of
the provis ions of this Agreement or its obligations under it , LESSEE shall give LESSOR
written notice of such breach. After receipt of such written notice , LESSOR shall have
thirty (30) days in which to cure any such breach , provided LESSOR shall have such
extended period as may be required beyond the thirty (30) days if the nature of the cure
is such that it reasonably requires more than thirty (30) days and LESSOR commences
the cure within the thirty (30) day period and thereafter continuously and diligently
pursues the cure to completion . LESSEE may not maintain any action or effect any
remedies for default against LESSOR unless and until LESSOR has failed to cure the
breach within the time periods provided in this Paragraph . Notwithstanding the
foregoing to the contrary , it shall be a default under this Agreement if LESSOR fails ,
within five (5) days after receipt of written notice of such breach , to perform an
obligation required to be performed by LESSOR if the failure to perform such an
obligation interferes with LESSEE 's ability to conduct its business on the Property ;
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provided , however, that if the nature of LESSOR 's obligation is such that more than five
(5) days after such notice is reasonably required for its performance , then it shall not be
a default under this Agreement if performance is commenced within such five (5) day
period and thereafter diligently pursued to completion.
28 . REMEDIES. Upon a default, the non-defaulting Party may at its option (but
without obligation to do so), perform the defaulting Party 's duty or obligation on the
defaulting Party 's behalf, including but not limited to the obtaining of reasonably
requ ired insurance policies . The costs and expenses of any such performance by the
non-defaulting Party shall be due and payable by the defaulting Party upon invoice
therefor. In the event of a default by either Party with respect to a material provision of
this Agreement , without limiting the non-defaulting Party in the exercise of any right or
remedy which the non-defaulting Party may have by reason of such default, the non-
defaulting Party may terminate the Agreement and/or pursue any remedy now or
hereafter available to the non-defaulting Party under the Laws or judicial decisions of
the state in which the Premises are located ; provided , however, LESSOR shall use
reasonable efforts to mitigate its damages in connection with a default by LESSEE. If
LESSOR does not pay LESSEE the full undisputed amount within thirty (30) days of its
receipt of an invoice setting forth the amount due from LESSOR , LESSEE may offset
the full undisputed amount, due against all fees due and owing to LESSOR until the full
undisputed amount, is fully reimbursed to LESSEE .
29. ENVIRONMENTAL.
a . LESSOR shall be responsible for all obligations of compliance with
any and all environmental and industrial hygiene laws , including any regulations ,
guidelines , standards , or policies of any governmental authorities regulating or imposing
standards of liability or standards of conduct with regard to any environmental or
industrial hygiene conditions or concerns as may now or at any time hereafter be in
effect, that are or were in any way related to activity that has been or is currently being
now conducted in , on , or in any way related to the Property , except to the extent such
conditions or concerns are caused by the activities of LESSEE in the Premises .
LESSOR agrees to sign any necessary waste manifest associated with the removal ,
transportation and/or disposal of soils excavated at the Property during construction of
LESSEE 's facility.
b. To the extent allowed by law , LESSOR shall hold LESSEE
harmless and indemnify LESSEE from and assume all duties , responsibility and liability
at LESSOR's sole cost and expense , for all duties , responsibilities , and liability (for
payment of penalties , sanctions , forfeitures , losses , costs , or damages) and for
responding to any action , notice , claim , order , summons , citation , directive , litigation ,
investigation or proceeding which is in any way related to: a) failure to comply with any
environmental or industrial hygiene law , including without limitation any regulations ,
guidelines , standards , or policies of any governmental authorities regulating or imposing
standards of liability or standards of conduct with regard to any environmental or
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industrial hygiene concerns or conditions as may now or at any time in the past or
hereafter be in effect, except to the extent such non-compliance results from conditions
or concerns caused by LESSEE ; and b) any environmental or industrial hygiene
conditions or concerns arising out of or in any way related to the condition of the
Property or activities conducted thereon , except to the extent such environmental
conditions are caused by LESSEE .
30. CASUAL TY . In the event of damage by fire or other casualty to the
Premises that cannot reasonably be expected to be repaired within forty -five (45) days
following same or, if the Property is damaged by fire or other casualty so that such
damage may reasonably be expected to disrupt LESSEE's operations at the Premises
for more than forty-five (45) days , then LESSEE may , at any time following such fire or
other casualty , provided LESSOR has not completed the restoration required to permit
LESSEE to resume its operation at the Premises , terminate this Agreement upon fifteen
(15) days prior written notice to LESSOR. Any such notice of termination shall cause
this Agreement to expire with the same force and effect as though the date set forth in
such notice were the date originally set as the expiration date of this Agreement and the
Parties shall make an appropriate adjustment , as of such termination date , with respect
to payments due to the other under this Agreement. Notwithstanding the foregoing , the
rent shall abate during the period of repair following such fire or other casualty in
proportion to the degree to which LESSEE 's use of the Premises is impaired.
31 . CONDEMNATION . In the event of any condemnation of all or any portion of
the Property , this Agreement shall terminate as to the part so taken as of the date the
condemning authority takes title or possession , whichever occurs first. If as a result of a
partial condemnation of the Premises or Property , LESSEE , in LESSEE 's sole
discretion , is unable to use the Premises for the purposes intended hereunder, or if
such condemnation may reasonably be expected to disrupt LESSEE's operations at the
Premises for more than forty-five (45) days , LESSEE may , at LESSEE 's option , to be
exercised in writing within fifteen (15) days after LESSOR shall have given LESSEE
written notice of such taking (or in the absence of such notice , within fifteen (15) days
after the condemning authority shall have taken possession) terminate this Agreement
as of the date the condemning authority takes such possession. LESSEE may on its
own behalf make a claim in any condemnation proceeding involving the Premises for
losses related to the equipment , conduits, fixtures, its relocation costs and its damages
and losses (but not for the loss of its leasehold interest). Any such notice of termination
shall cause this Agreement to expire with the same force and effect as though the date
set forth in such notice were the date originally set as the expiration date of this
Agreement and the Parties shall make an appropriate adjustment as of such termination
date with respect to payments due to the other under this Agreement. If LESSEE does
not terminate this Agreement in accordance with the foregoing , this Agreement shall
remain in full force and effect as to the portion of the Premises remaining , except that
the rent shall be reduced to the amount agreed upon by the Parties . In the event that
this Agreement is not terminated by reason of such condemnation , LESSOR shall
promptly repair any damage to the Premises caused by such condemning authority.
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LESSOR shall be entitled to funds from all damages and proceeds paid as a result of
the partial or whole condemnation of the LESSOR 'S leasehold interest.
32 . SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY/AUTHORITY . The
submission of this Agreement for examination does not constitute an offer to lease the
Premises and this Agreement becomes effective only upon the full execution of this
Agreement by the Parties. If any provision herein is invalid , it shall be considered
deleted from this Agreement and shall not invalidate the remaining provisions of this
Agreement. Each of the Parties hereto warrants to the other that the person or persons
executing this Agreement on behalf of such Party has the full right , power and authority
to enter into and execute this Agreement on such Party's behalf and that no consent
from any other person or entity is necessary as a condition precedent to the legal effect
of this Agreement.
33 . APPLICABLE LAWS. During the Term , LESSOR shall maintain the
Property in compliance with all applicable laws , rules , regulations , ordinances ,
directives , covenants , easements , zoning and land use regulations , and restrictions of
record , permits , building codes , and the requirements of any applicable fire insurance
underwriter or rating bureau , now in effect or which may hereafter come into effect
(including , without limitation , the Americans with Disabilities Act and laws regulating
hazardous substances) (collectively "Laws "). LESSEE shall , in respect to the condition
of the Premises and at LESSEE 's sole cost and expense , comply with (a) all Laws
relating solely to LESSEE 's specific and unique nature of use of the Premises (other
than general office use); and (b) all building codes requiring modifications to the
Premises due to the improvements being made by LESSEE in the Premises .
34. SURVIVAL . The provisions of the Agreement relating to indemnification
from one Party to the other Party shall survive any termination or expiration of this
Agreement. Additionally , any provisions of this Agreement which require performance
subsequent to the termination or expiration of this Agreement shall also survive such
termination or expiration .
35 . CAPTIONS. The captions contained in this Agreement are inserted for
convenience only and are not intended to be part of the Agreement. They shall not
affect or be utilized in the construction or interpretation of the Agreement.
[SIGNATURE PAGE IMMEDIATELY FOLLOWING]
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IN WITNESS WHEREOF , the Parties hereto have set their hands and affixed
their respective seals the day and year first above written .
Witness
LESSOR:
TOWN OF TROPHY CLUB,
A Texas home rule municipality
By 6~~
Print Name : C . bhcJL Exu'")cl e.Gl
6i!I~: ~J~5
LESSEE:
DALLAS MTA, L.P. D/B/A VERIZON
WIRELESS
By: Verizon Wireless Texas, LLC,
Its: General Partner
By: _____________ _
Print Name : Aparna Khurjekar
Title: Area Vice President Network
Date:
------------~
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Exhibit "A"
A tract of land lying in and being a part of The Trophy Club Section Eight, Tract C, an Addition
to the Town of Trophy Club, Denton County, Texas as recorded in Volume 15, Page 12 , Plat
records of Denton County, Texas ; Said tract being more particularly described as follows:
Commencing at a % inch iron rod found for the Southeast corner of Lot 587 of the Trophy Club
Section Eight Addition, as recorded in Volume 15 , Page 12 , Plat Records of Denton County ,
Texas ;
Thence N 54°47'04" Won the South line of said Lot 587, a distance of 38.11 feet to a point on
said South line;
Thence S 35°12'56" W perpendicular to said South line, a distance of 39.71 feet to a 1/2 inch
iron rod with cap set for the Northwest corner , said corner being the Point of Beginning;
Thence S 68°17'17" Ea distance of 20 .00 feet to a% inch iron rod with cap set for the
Northeast corner;
Thence S 21°42'33" W a distance of 12 .00 feet to a% inch iron rod with cap set for the
Southeast corner;
Thence N 68°17'17" W a distance of 20.00 feet to a% inch iron rod with cap set for the
Southwest corner ;
Thence N 21°42 '33" Ea distance of 12 .00 feet to the point of Beginning, containing 240 .00
square feet or 0 .006 acres , more or less.
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1A
1tion r;:::--:--:~--..J
AP.0.8. · ccess/Utilit ~sement ;:y
Exhibit "B"
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ATTACHMENT F
Resolution No. 2015-32
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TOWN OF TROPHY CLUB
RESOLUTION NO. 2015-32
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS REPEALING RESOLUTION NO. 2014-11 AND
APPROVING A NEW RESOLUTION ADOPTING AN INVESTMENT
POLICY FOR FUNDS FOR THE TOWN OF TROPHY CLUB, A COPY
OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN
AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 21, 2014 by passage of Resolution 2014-11, the Town
Council adopted an Investment Policy; and
WHEREAS, by passage of this Resolution, the Town Council hereby repeals
Resolution No. 2014-11 in its entirety and adopts this Resolution adopting a new
Investment Policy; and
WHEREAS, the Town Council has reviewed the Investment Policy attached
hereto as Exhibit A, for compliance with the Public Funds Investment Act, Texas
Government Code Chapter 2256. et seq.; and
WHEREAS, upon consideration, the Town Council finds and determines it to be
in the best interests of the Town to adopt Exhibit "A" as the Town's Investment Policy.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB:
Section 1. That Resolution No. 2014-11 is hereby repealed in its entirety.
Section 2. That the Town Council has reviewed the attached Investment Policy,
which contains investment strategies and policies that the Council has determined to be
beneficial to the Town and hereby adopts the attached Investment Policy set forth in
Exhibit "A', a copy of which is attached hereto and incorporated herein in its entirety.
Section 3. That the Assistant Town Manager/CFO is hereby designated as the
Town's primary investment officer to perform the functions required by the attached
policy, and the investment officer is hereby authorized to perform the functions required
under the Investment Policy and Chapter 2256 of the Texas Government Code.
Section 4. That this Resolution shall take effect immediately upon its passage
and approval.
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PASSED AND APPROVED this 13th day of October, 2015.
ATTEST:
1:
C. Nick Sanders, Wyor
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams, own Attorney
Town of Trophy Club, Texas
RES 2015-32 Page 2 of 3
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EXHIBIT A
RES 2015-32 Page 3 of 3
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TOWN OF TROPHY CLUB
INVESTMENT POLICY
I. POLICY
It is the policy of the Town of Trophy Club that after allowing for the anticipated cash flow requirements of
the Town of Trophy Club and giving due consideration to the safety and risk of investment, all available
funds shall be invested in conformance with these legal and administrative guidelines, seeking to optimize
interest earnings to the maximum extent possible.
Effective cash management is recognized as essential to good fiscal management. Investment interest is
a source of revenue to Trophy Club funds. Trophy Club's investment portfolio shall be designed and
managed in a manner designed to maximize this revenue source, to be responsive to public trust, and to
be in compliance with legal requirements and limitations.
Investments shall be made with the primary objectives of:
Safety and preservation of principal
Maintenance of sufficient liquidity to meet operating needs
Public trust from prudent investment activities
Optimization of interest earnings on the portfolio
II. PURPOSE
The purpose of this investment policy is to comply with Chapter 2256 of the Government Code ("Public
Funds Investment Act"), which requires the Town of Trophy Club to adopt a written investment policy
regarding the investment of its funds and funds under its control. The Investment Policy addresses the
methods, procedures and practices that must be exercised to ensure effective and judicious fiscal
management of Trophy Club's funds.
III. SCOPE
This Investment Policy shall govern the investment of all financial assets of the Town of Trophy Club.
These funds are accounted for in the Town of Trophy Club's Comprehensive Annual Financial Report
CAFR) and include:
General Fund
Special Revenue Funds
Capital Projects Funds
Proprietary Funds
Debt Service Funds, including reserves and sinking funds, to the extent not required by law or
existing contract to be kept segregated and managed separately
Any new fund created by the Town of Trophy Club, unless specifically exempted from this Policy by
the Town Council or by law.
The Town of Trophy Club consolidates fund cash balances to maximize investment earnings. Investment
income will be allocated to the various funds based on their respective participation and in accordance
with generally accepted accounting principles.
This Investment Policy shall apply to all transactions involving the financial assets and related activity for
all the foregoing funds. However, this policy does not apply to the assets administered for the benefit of
the Town of Trophy Club by outside agencies under deferred compensation programs.
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IV. INVESTMENT OBJECTIVES
The Town of Trophy Club shall manage and invest its cash with four primary objectives, listed in order of
priority: safety, liquidity, public trust, and yield, expressed as optimization of interest earnings. The safety
of the principal invested always remains the primary objective. All investments shall be designed and
managed in a manner responsive to the public trust and consistent with state and local law.
The Town of Trophy Club shall maintain a comprehensive cash management program, which includes
collection of accounts receivable, vendor payments in accordance with the Town's purchasing policies,
and prudent investment of available cash. Cash management is defined as the process of managing
monies in order to insure maximum cash availability and maximum earnings on short-term investment of
idle cash.
Safety rPFIA 2256.005(b)(2)1
Safety of principal is the foremost objective of the investment program. Investments shall be undertaken
in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be
to mitigate credit and interest rate risk.
Credit Risk and Concentration of Credit Risk — The Town of Trophy Club will minimize credit risk, the
risk of loss due to the failure of the issuer or backer of the investment, and concentration of credit risk,
the risk of loss attributed to the magnitude of investment in a single issuer, by:
Limiting investments to the safest types of investments
Pre -qualifying the financial institutions and broker/dealers with which the Town of Trophy Club will
do business
Diversifying the investment portfolio so that potential losses on individual issuers will be
minimized.
Interest Rate Risk — the Town of Trophy Club will manage the risk that the interest earnings and the
market value of investments in the portfolio will fall due to changes in general interest rates by limiting
the maximum weighted average maturity of the investment portfolio to 365 days. The Town of Trophy
Club will, in addition,:
Structure the investment portfolio so that investments mature to meet cash requirements for
ongoing operations, thereby avoiding the need to liquidate investments prior to maturity.
Invest operating funds primarily in certificates of deposit, shorter -term securities, money market
mutual funds, or local government investment pools functioning as money market mutual funds.
Diversify maturities and staggering purchase dates to minimize the impact of market movements
over time.
Liquidity fPFIA 2256.005(b)(2)1
The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be
reasonably anticipated. This is accomplished by structuring the portfolio so that investments mature
concurrent with cash needs to meet anticipated demands. Because all possible cash demands cannot be
anticipated, a portion of the portfolio will be invested in shares of money market mutual funds or local
government investment pools that offer same-day liquidity. In addition, a portion of the portfolio will
consist of securities with active secondary or resale markets.
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Public Trust
All participants in the Town of Trophy Club's investment process shall seek to act responsibly as
custodians of the public trust. The investment officer shall avoid any transaction that might impair public
confidence in the Town of Trophy Club's ability to govern effectively.
Yield (Optimization of Interest Earninas) rPFIA 2256.005(b)(3
The investment portfolio shall be designed with the objective of attaining a market rate of return
throughout budgetary and economic cycles, taking into account the investment risk constraints and
liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity
objectives described above.
V. INVESTMENT STRATEGY STATEMENTS
The Town of Trophy Club portfolio will be structured to benefit from anticipated market conditions and to
achieve a reasonable return. Relative value among asset groups shall be analyzed and pursued as part
of the investment program within the restrictions set forth by the investment policy.
The Town of Trophy Club maintains portfolios which utilize four specific investment strategy
considerations designed to address the unique characteristics of the fund groups represented in the
portfolios.
Operating Funds
Suitability - All investments authorized in the Investment Policy are suitable for Operating Funds
Preservation and Safety of Principal - All investments shall be high quality securities with no perceived
default risk.
Liquidity - Investment strategies for the pooled operating funds have as their primary objective to assure
that anticipated cash flows are matched with adequate investment liquidity. The dollar -weighted average
maturity of operating funds, based on the stated final maturity date of each security, will be calculated and
limited to one year or less. Constant $1 net asset value investment pools and money market mutual
funds shall be an integral component in maintaining daily liquidity. Investments for these funds shall not
exceed an 18 -month period from date of purchase.
Marketability - Securities with active and efficient secondary markets will be purchased in the event of an
unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on
anticipated needs. Investment risks will be reduced through diversification among authorized
investments.
Yield - The Town's objective is to attain a competitive market yield for comparable securities and portfolio
constraints. The benchmark for Operating Funds shall be the 91 day Treasury bill.
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Reserve and Deposit Funds
Suitability - All investments authorized in the Investment Policy are suitable for Reserve and Deposit
Funds.
Preservation and Safety of Principal - All investments shall be high quality securities with no perceived
default risk.
Liquidity - Investment strategies for reserve and deposit funds shall have as the primary objective the
ability to generate a dependable revenue stream to the appropriate reserve fund from investments with a
low degree of volatility. Except as may be required by the bond ordinance specific to an individual issue,
investments should be of high quality, with short -to -intermediate-term maturities. The dollar -weighted
average maturity of reserve and deposit funds, based on the stated final maturity date of each security,
will be calculated and limited to two years or less.
Marketability - Securities with active and efficient secondary markets will be purchased in the event of an
unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on
anticipated needs. Investment risks will be reduced through diversification among authorized
investments.
Yield - The Town's objective is to attain a competitive market yield for comparable securities and portfolio
constraints. The benchmark for Reserve and Deposit Funds shall be the 91 day Treasury bill.
Bond and Certificate Capital Proiect Funds and Special Purpose Funds
Suitability - All investments authorized in the Investment Policy are suitable for Bond and Certificate
Capital Project Funds and Special Purpose Funds.
Preservation and Safety of Principal - All investments shall be high quality securities with no perceived
default risk.
Liquidity - Investment strategies for bond and certificate capital project funds, special projects and special
purpose funds portfolios will have as their primary objective to assure that anticipated cash flows are
matched with adequate investment liquidity. The stated final maturity dates of investments held should
not exceed the estimated project completion date or a maturity of no greater than three years. The dollar -
weighted average maturity of bond and certificate capital project funds and special purpose funds, based
on the stated final maturity date of each security, will be calculated and limited to two years or less.
Marketability - Securities with active and efficient secondary markets will be purchased in the event of an
unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on
anticipated needs. Investment risks will be reduced through diversification among authorized
investments.
Yield - The Town's objective is to attain a competitive market yield for comparable securities and portfolio
constraints. The benchmark for Bond and Certificate Capital Project Funds and Special Purpose Funds
shall be the 91 day Treasury bill. A secondary objective of these funds is to achieve a yield equal to or
greater than the arbitrage yield of the applicable bond or certificate.
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Debt Service Funds
Suitability - All investments authorized in the Investment Policy are suitable for Debt Service Funds
Preservation and Safety of Principal - All investments shall be high quality securities with no perceived
default risk.
Liquidity - Investment strategies for debt service funds shall have as the primary objective the assurance
of investment liquidity adequate to cover the debt service obligation on the required payment date.
Securities purchased shall not have a stated final maturity date which exceeds the debt service payment
date. The dollar -weighted average maturity of debt service funds, based on the stated final maturity date
of each security, will be calculated and limited to one year or less.
Marketability - Securities with active and efficient secondary markets will be purchased in the event of an
unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on
anticipated needs. Investment risks will be reduced through diversification among authorized
investments.
Yield - The Town's objective is to attain a competitive market yield for comparable securities and portfolio
constraints. The benchmark for Debt Service Funds shall be the 91 day Treasury bill.
VI. RESPONSIBILITY AND CONTROL
Delegation of Authority WF1A 2256.005(1)1
In accordance with the Town of Trophy Club and the Public Funds Investment Act, the Town Council
designates the Assistant Town Manager/CFO as the Town of Trophy Club's Investment Officer. The
Investment Officer is authorized to execute investment transactions on behalf of the Town of Trophy Club
and may designate a secondary investment officer to act in his/her absence. No other person may
engage in an investment transaction or the management of the Town of Trophy Club funds except as
provided under the terms of this Investment Policy. The investment authority granted to the investing
officer is effective until rescinded.
Quality and Capability of Investment Management I•PFIA 2256.005(b)(3)1
The Town of Trophy Club shall provide periodic training in investments for the designated investment
officers and other investment personnel through courses and seminars offered by professional
organizations, associations, and other independent sources in order to insure the quality and capability of
investment management in compliance with the Public Funds Investment Act.
Training Requirement fPF1A 2256.008 — Local Governmentsl
In accordance with the Town of Trophy Club and the Public Funds Investment Act, designated Investment
Officers shall attend an investment training session no less often than once every two years and shall
receive not less than 8 hours of instruction relating to investment responsibilities. A newly appointed
Investment Officer must attend a training session of at least 10 hours of instruction within twelve months
of the date the officer took office or assumed the officer's duties. The investment training session shall be
provided by an independent source. For purposes of this policy, an "independent source" from which
investment training shall be obtained shall include a professional organization, an institution of higher
education or any other sponsor other than a business organization with whom the Town of Trophy Club
may engage in an investment transaction.
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Internal Controls (Best Practice
The Investment Officer is responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the Town of Trophy Club are protected from loss, theft, or misuse.
The internal control structure shall be designed to provide reasonable assurance that these objectives are
met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed
the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and
judgments by management.
Accordingly, the Investment Officer shall establish a process for annual independent review by an
external auditor to assure compliance with policies and procedures. The internal controls shall address
the following points.
Control of collusion.
Separation of transactions authority from accounting and record keeping.
Custodial safekeeping.
Avoidance of physical delivery securities.
Clear delegation of authority to subordinate staff members.
Written confirmation for telephone (voice) transactions for investments and wire transfers.
Development of a wire transfer agreement with the depository bank or third party custodian.
Investment Policy Certification rPFIA 2256.005(k-I)l
A qualified representative, as defined by PFIA section 2256.002(l 0), of all investment providers, including
financial institutions, banks, money market mutual funds, and local government investment pools, must
sign a certification acknowledging that the organization has received and reviewed the Town of Trophy
Club's investment policy and that reasonable procedures and controls have been implemented to
preclude investment transactions that are not authorized by the Town of Trophy Club's policy.
Prudence rPFIA 2256.0061
The standard of prudence to be applied by the Investment Officer shall be the "prudent investor" rule.
This rule states that "Investments shall be made with judgment and care, under circumstances then
prevailing, which persons of prudence, discretion and intelligence exercise in the management of their
own affairs, not for speculation, but for investment, considering the probable safety of their capital as well
as the probable income to be derived." In determining whether an Investment Officer has exercised
prudence with respect to an investment decision, the determination shall be made taking into
consideration:
The investment of all funds, or funds under the Town of Trophy Club's control, over which the officer
had responsibility rather than a consideration as to the prudence of a single investment.
Whether the investment decision was consistent with the written approved investment policy of the
Town of Trophy Club.
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Indemnification
The Investment Officer, acting in accordance with written procedures and exercising due diligence, shall
not be held personally responsible for a specific investment's credit risk or market price changes,
provided that these deviations are reported immediately and the appropriate action is taken to control
adverse developments.
Ethics and Conflicts of Interest WFIA 2256.005(ill
Officers and employees involved in the investment process shall refrain from personal business activity
that would conflict with the proper execution and management of the investment program, or that would
impair their ability to make impartial decisions. Employees and Investment Committee (see Section XIII)
members shall disclose any material interests in financial institutions with which they conduct business.
They shall further disclose any personal financial/investment positions that could be related to the
performance of the investment portfolio. Employees and Investment Committee members shall refrain
from undertaking personal investment transactions with the same individual with which business is
conducted on behalf of the Town of Trophy Club.
An Investment Committee member of the Town of Trophy Club who has a personal business relationship
with an organization seeking to sell an investment to the Town of Trophy Club shall file a statement
disclosing that personal business interest. An Investment Committee member who is related within the
second degree by affinity or consanguinity to an individual seeking to sell an investment to the Town of
Trophy Club shall file a statement disclosing that relationship. A statement required under this subsection
must be filed with the Texas Ethics Commission and the Town Council.
VII. SUITABLE AND AUTHORIZED INVESTMENTS
Portfolio Management
The Town of Trophy Club currently has a "buy and hold" portfolio strategy. Maturity dates are matched
with cash flow requirements and investments are purchased with the intent to be held until maturity.
However, investments may be liquidated prior to maturity for the following reasons:
An investment with declining credit may be liquidated early to minimize loss of principal.
Cash flow needs of the Town of Trophy Club require that the investment be liquidated.
Investments WFIA 2256.005(b)(4)(A)l
Trophy Club funds governed by this policy may be invested in the instruments described below, all of
which are authorized by Chapter 2256 of the Government Code (Public Funds Investment Act).
Investment of Town of Trophy Club funds in any instrument or security not authorized for investment
under the Act is prohibited. The Town of Trophy Club will not be required to liquidate an investment that
becomes unauthorized subsequent to its purchase.
I. Authorized
1. Obligations of the United States of America, its agencies and instrumentalities.
2. Certificates of Deposit issued by a depository institution that has its main office or a branch office
in Texas. The certificate of deposit must be guaranteed or insured by the Federal Deposit
Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its
successor and secured by obligations in a manner and amount as provided by law. In addition,
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certificates of deposit obtained through a depository institution that has its main office or a branch
office in Texas and that contractually agrees to place the funds in federally insured depository
institutions in accordance with the conditions prescribed in Section 2256.010(b) of the Public
Funds Investment Act are authorized investments. Additionally, funds invested by the Town
through a broker that has a main office or branch office in Texas and is selected from a list
approved by the Town as required by section 2656.025of the Public Funds Investment Act or a
depository institution that has a main office or branch office in Texas and is selected by the Town
are authorized investments if the following conditions are met:
a. the broker or depository institution selected by the Town as specified above arranges
for the deposit of the funds in certificates of deposit in one or more federally insured
depository institutions, wherever located, for the account of the Town;
b. the full amount of the principal and accrued interest of each of the certificates of
deposit is insured by the United States or an instrumentality of the United States; and
c. the Town appoints a depository bank or a clearing broker registered with the
Securities and Exchange Commission Rule 15c-3 (17CFR, Section 240 15c3-3) as
custodian for the Town with respect to the certificates of deposit issued for account to
the Town.
Fully collateralized direct repurchase agreements with a defined termination date secured by
obligations of the United States or its agencies and instrumentalities. These shall be pledged to
the Town of Trophy Club, held in the Town of Trophy Club's name, and deposited at the time the
investment is made with the Town of Trophy Club or with a third party selected and approved by
the Town of Trophy Club. Repurchase agreements must be purchased through a primary
government securities dealer, as defined by the Federal Reserve, or a financial institution doing
business in Texas. A Master Repurchase Agreement must be signed by the bank/dealer prior to
investment in a repurchase agreement. All repurchase agreement transactions will be on a
delivery vs. payment basis. Securities received for repurchase agreements must have a market
value greater than or equal to 102 percent at the time funds are disbursed. (Sweep Accounts
and/or Bond Proceeds)
4. No -Load Money Market Mutual funds that: 1) are registered and regulated by the Securities and
Exchange Commission and provide a prospectus and other information required by the Securities
and Exchange Act of 1934 (15 U.S.C. Section 78a) or the Investment Company Act of 1940 (15
U.S.C. Section 80a-1), 2) have a dollar weighted average stated maturity of 90 days or less, 3)
seek to maintain a net asset value of $1.00 per share, and 4) invest in securities authorized by
this investment policy.
5. Local government investment pools, which 1) meet the requirements of Chapter 2256.016 of the
Public Funds Investment Act, 2) are rated no lower than AAA or an equivalent rating by at least
one nationally recognized rating service, and 3) are authorized by resolution or ordinance by the
Town Council. In addition, a local government investment pool created to function as a money
market mutual fund must mark its portfolio to the market daily and, to the extent reasonably
possible, stabilize at $1.00 net asset value.
If an Investment in the Town's portfolio becomes an unauthorized investment due to changes in the
Investment Policy or the Public Funds Investment Act, or an authorized investment is rated in a way that
causes it to become an unauthorized investment the investment committee of the Town shall review the
investment and determine whether it would be more prudent to hold the investment until its maturity, or to
redeem the investment. The investment committee shall consider the time remaining until maturity of the
investment, the quality of the investment, and the quality and amounts of any collateral which may be
securing the investment in determining the appropriate steps to take. (PFIA 2256.021) Additionally,
Trophy Club is not required to liquidate investments that were authorized at the time of purchase. (PFIA
2256.017)
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II. Not Authorized (PFIA 2256.009(b)(1-4)1
Investments including interest -only or principal -only strips of obligations with underlying mortgage-backed
security collateral, collateralized mortgage obligations with an inverse floating interest rate or a maturity
date of over 10 years are strictly prohibited.
VIII. INVESTMENT PARAMETERS
Maximum Maturities (PFIA 2256.005(b)(4)(B
The longer the maturity of investments, the greater their price volatility. Therefore, it is the Town of
Trophy Club's policy to concentrate its investment portfolio in shorter -term securities in order to limit
principal risk caused by changes in interest rates.
The Town of Trophy Club attempts to match its investments with anticipated cash flow requirements. The
Town of Trophy Club will not directly invest in securities maturing more than two years from the date of
purchase; however, the above described obligations, certificates, or agreements may be collateralized
using longer dated investments.
Because no secondary market exists for repurchase agreements, the maximum maturity shall be 120
days except in the case of a flexible repurchase agreement for bond proceeds. The maximum maturity
for such an investment shall be determined in accordance with project cash flow projections and the
requirements of the governing bond ordinance.
The composite portfolio will have a weighted average maturity of 365 days or less. This dollar -weighted
average maturity will be calculated using the stated final maturity dates of each security. [PFIA
2256.005(b)(4)(C)]
Diversification (PFIA 2256.005(b)(3)1
The Town of Trophy Club recognizes that investment risks can result from issuer defaults, market price
changes or various technical complications leading to temporary illiquidity. Risk is managed through
portfolio diversification that shall be achieved by the following general guidelines:
Limiting investments to avoid overconcentration in investments from a specific issuer or business
sector (excluding U.S. Treasury securities and certificates of deposit that are fully insured and
collateralized in accordance with state and federal law),
Limiting investment in investments that have higher credit,
Investing in investments with varying maturities, and
Continuously investing a portion of the portfolio in readily available funds such as local government
investment pools ( LGIPs), money market funds or overnight repurchase agreements to ensure that
appropriate liquidity is maintained in order to meet ongoing obligations.
IX. SELECTION OF BANKS AND DEALERS
Depository
At least every five years a Depository shall be selected through the Town of Trophy Club's banking
services procurement process, which shall include a formal request for proposal (RFP). The selection of
a depository will be determined by competitive bid and evaluation of bids will be based on the following
selection criteria:
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The ability to qualify as a depository for public funds in accordance with state law.
The ability to provide requested information or financial statements for the periods specified.
The ability to meet all requirements in the banking RFP.
Complete response to all required items on the bid form
Lowest net banking service cost, consistent with the ability to provide an appropriate level of service.
The credit worthiness and financial stability of the bank.
Authorized Brokers/Dealers rPFIA 2256.02
The Town of Trophy Club Investment Committee (see Section XIII) shall, at least annually, review, revise,
and approve a list of qualified broker/dealers and financial institutions authorized to engage in securities
transactions with the Town of Trophy Club. Those firms that request to become qualified bidders for
securities transactions will be required to provide a completed broker/dealer questionnaire that provides
information regarding creditworthiness, experience and reputation, and 2) a certification stating the firm
has received, read and understood the Town of Trophy Club's investment policy and agree to comply with
the policy. Authorized firms may include primary dealers or regional dealers that qualify under Securities
Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule), and qualified depositories. All
investment providers, including financial institutions, banks, money market mutual funds, and local
government investment pools, must sign a certification acknowledging that the organization has received
and reviewed the Town of Trophy Club's investment policy and that reasonable procedures and controls
have been implemented to preclude investment transactions that are not authorized by the Town of
Trophy Club's policy. [PF/A 2256.005(k -n]
Competitive Bids
It is the policy of the Town of Trophy Club to require a minimum of two (2) quotes for all individual security
purchases and sales except for: a) transactions with no-load money market mutual funds and local
government investment pools and b) treasury and agency securities purchased at issue through an
approved broker/dealer or financial institution. The investment officer shall develop and maintain
procedures for ensuring competition in the investment of the Town of Trophy Club's funds.
Delivery vs. Payment rPFIA 2256.005(b)(4)(E)l
Securities shall be purchased using the delivery vs. payment method with the exception of investment
pools and mutual funds. Funds will be released after notification that the purchased security has been
received.
X. CUSTODIAL CREDIT RISK MANAGEMENT
Safekeeping and Custodial Agreements
The Town of Trophy Club shall contract with a bank or banks for the safekeeping of securities either
owned by the Town of Trophy Club as part of its investment portfolio or held as collateral to secure
demand or time deposits. Securities owned by the Town of Trophy Club shall be held in the Town of
Trophy Club's name as evidenced by safekeeping receipts of the institution holding the securities.
Collateral for deposits will be held by a third party custodian designated by the Town of Trophy Club and
pledged to the Town of Trophy Club as evidenced by safekeeping receipts of the institution with which the
collateral is deposited. Original safekeeping receipts shall be obtained. Collateral may be held by the
depository bank's trust department, a Federal Reserve Bank or branch of a Federal Reserve Bank, a
Federal Home Loan Bank, or a third party bank approved by the Town of Trophy Club.
Collateral Policy rPFCA 2257.0231
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Consistent with the requirements of the Public Funds Collateral Act, it is the policy of the Town of Trophy
Club to require full collateralization of all Town of Trophy Club funds on deposit with a depository bank,
other than investments. In order to anticipate market changes and provide a level of security for all funds,
the collateralization level will be 102% of market value of principal and accrued interest on the deposits or
investments less an amount insured by the FDIC. At its discretion, the Town of Trophy Club may require a
higher level of collateralization for certain investment securities. Securities pledged as collateral shall be
held by an independent third party with whom the Town of Trophy Club has a current custodial
agreement. The Investment Officer is responsible for entering into collateralization agreements with third
party custodians in compliance with this Policy. The agreements are to specify the acceptable investment
securities for collateral, including provisions relating to possession of the collateral, the substitution or
release of investment securities, ownership of securities, and the method of valuation of securities. A
clearly marked evidence of ownership (safekeeping receipt) must be supplied to the Town of Trophy Club
and retained. Collateral shall be reviewed at least monthly to assure that the market value of the pledged
securities is adequate.
Collateral Defined
The Town of Trophy Club shall accept only the following types of collateral:
Obligations of the United States or its agencies and instrumentalities
Direct obligations of the state of Texas or its agencies and instrumentalities
Collateralized mortgage obligations directly issued by a federal agency or instrumentality of the
United States, the underlying security for which is guaranteed by an agency or instrumentality of the
United States
Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as
to investment quality by a nationally recognized rating firm not less than A or its equivalent with a
remaining maturity of ten (10) years or less
A surety bond issued by an insurance company rated as to investment quality by a nationally
recognized rating firm not less than A
A letter of credit issued to the Town of Trophy Club by the Federal Home Loan Bank
Subject to Audit
All collateral shall be subject to inspection and audit by the Investment Officer or his/her designee,
including the Town of Trophy Club's independent auditors.
XI. PERFORMANCE
Performance Standards
The Town of Trophy Club's investment portfolio will be managed in accordance with the parameters
specified within this policy. The portfolio shall be designed with the objective of obtaining a rate of return
through budgetary and economic cycles, commensurate with the investment risk constraints and the cash
flow requirements of the Town of Trophy Club.
Performance Benchmark
It is the policy of the Town of Trophy Club to purchase investments with maturity dates coinciding with
cash flow needs. Through this strategy, the Town of Trophy Club shall seek to optimize interest earnings
utilizing allowable investments available on the market at that time. Market value will be calculated on a
quarterly basis on all securities owned and compared to current book value. The Town of Trophy Club's
portfolio shall be designed with the objective of regularly meeting or exceeding the average rate of return
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on U.S. Treasury Bills at a maturity level comparable to the Town of Trophy Club's weighted average
maturity in days.
XII. REPORTING ( PFIA 2256.023)
Methods
The Investment Officer shall prepare an investment report on a quarterly basis that summarizes
investment strategies employed in the most recent quarter and describes the portfolio in terms of
investment securities, maturities, and shall explain the total investment return for the quarter.
The quarterly investment report shall include a summary statement of investment activity prepared in
compliance with generally accepted accounting principles. This summary will be prepared in a manner
that will allow the Town of Trophy Club to ascertain whether investment activities during the reporting
period have conformed to the Investment Policy. The report will be provided to the Town Council. The
report will include the following:
A listing of individual securities held at the end of the reporting period.
Unrealized gains or losses resulting from appreciation or depreciation by listing the beginning and
ending book and market value of securities for the period.
Additions and changes to the market value during the period.
Average weighted yield to maturity of portfolio as compared to applicable benchmark.
Listing of investments by maturity date.
Fully accrued interest for the reporting period
The percentage of the total portfolio that each type of investment represents.
Statement of compliance of the Town of Trophy Club's investment portfolio with state law and the
investment strategy and policy approved by the Town Council.
An independent auditor will perform a formal annual review of the quarterly reports with the results
reported to the governing body [PFIA 2256.023(4)].
Monitoring Market Value (PFIA 2256.005(b)(4)(D)l
Market value of all securities in the portfolio will be determined on a quarterly basis. These values will be
obtained from a reputable and independent source and disclosed to the governing body quarterly in a
written report.
XIII. INVESTMENT COMMITTEE
Members
An Investment Committee, consisting of the Town Manager, the Investment Officer, and the Secondary
Investment Officer, shall review the Town's investment strategies and monitor the results of the
investment program at least quarterly. This review can be done by reviewing the quarterly written reports
and by holding committee meetings as necessary. The committee will be authorized to invite other
advisors to attend meetings as needed.
Scope
The Investment Committee shall include in its deliberations such topics as economic outlook, investment
strategies, portfolio diversification, maturity structure, potential risk to the Town's funds, evaluation and
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authorization of broker/dealers, rate of return on the investment portfolio, and review of compliance with
the investment policy. The Investment Committee will also advise the Town Council of any future
amendments to the investment policy that are deemed necessary or recommended.
Procedures
The investment policy shall require the Investment Committee to provide minutes of investment
information discussed at any meetings held. The committee shall meet at least annually to discuss the
investment program and policy.
XIV. INVESTMENT POLICY ADOPTION [PFIA 2256.005(e)]
The Town of Trophy Club's investment policy shall be adopted by resolution of the Town Council. It is the
Town of Trophy Club's intent to comply with state laws and regulations. The Town of Trophy Club's
investment policy shall be subject to revisions consistent with changing laws, regulations, and needs of
the Town of Trophy Club. The Town Council shall adopt a resolution stating that it has reviewed the
policy and investment strategies not less than annually, approving any changes or modifications.
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ATTACHMENT G
Freese and Nichols HMAP Presentation
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Trophy Club HMAP
October 13, 2015
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What is an HMAP?
•Hazard Mitigation Action Plan (HMAP)
–Natural Hazard Risk Assessment
–Mitigation actions to minimize property damage and loss of life
caused by disasters
–Led by a steering committee with guidance from consultants
–Relies on the community and involves public input
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Why?
•Disaster Mitigation Act of 2000
–Requires all local governments to prepare a Hazard Mitigation Action Plan
(HMAP)
–An HMAP is required for HMGP and other pre-disaster related Funding
–Intended to help communities minimize loss of life and property due to
natural hazards
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HMAP TASKS Year
2013 2014 2015
HMAP Development (Risk Assessment &
Mitigation Plan)
TDEM REVIEW
FEMA REVIEW
FEMA Approval and Council Adoption
Submit Final HMAP FEMA
Submit to TDEM/FEMA Council Meeting
When? - Project Timeline
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How - HMAP Development
•Steering committee
Organization/Title
TC Town Manager
TC Project Manager
TC Finance Director
TC Police Chief
TC Fire Chief
TC Community Development
TC Director Parks & Recreation
Teague Nall & Perkins
NISD
Denton County
TC MUD Superintendent
TC Public Information Officer
Tarrant County
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Public Involvement
Information to the public:
-Use the Trophy Club Web Page
- www.trophyclub.org
-Council meeting open to public
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Risk Assessment for 8 Hazards
•Eight (8) hazards selected by the steering
committee:
1.Tornadoes and High Winds
2.Extreme Heat
3.Drought
4.Severe Winter and Ice Storms
5.Flooding
6.Wildland Fire
7.Thunderstorms and Lightning, and Hail
8.Dam Failure
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Example – Tornado Risk Assessment
Location: Historic Tornado Activity in the US
EF
Number
Wind Estimate
(MPH)
EF-0 65-85
EF-1 86-1010
EF-2 111-135
EF-3 136-165
EF-4 166-200
EF-5 Over 200
Enhanced Fujita Tornado Damage
Scale
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Mitigation Action Plan
•At Least Two Actions Per Hazard
•Focus on pre-disaster mitigation
•Reduce potential for damage
•Examples of Actions:
–Public Education
–Capital Improvement Projects
–Review ordinances
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Mitigation Actions – Tornado
•TW-1: Public Education and Outreach
–Advertise FEMA website for public education
–Continue monthly testing of outdoor warning sirens
•TW-2: Build Community Safe Room
•TW-3: Encourage Construction of Private Safe Rooms in
Residential and Commercial Developments
•TW-4: Develop a Database of Community Safe Rooms in
Neighboring Communities
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Plan Adoption & Approval
•FEMA and TDEM Approved August 19, 2015
–90 days to Adopt & Send to FEMA
•Various grant programs through FEMA only offer funding
to local governments with an approved HMAP.
–Flood Mitigation Assistance Grant (FMA) - Annual
–Hazard Mitigation Grant Program (HMGP) – Following a
Presidential Disaster Declaration
(HMGP requires an HMAP unless the money is being used to develop an HMAP)
–Pre-Disaster Mitigation Grant (PDM) – Annual
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Plan Maintenance
•Update plan every 5 years
•Incorporation into existing
planning mechanisms:
•Capital Improvement Plan
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Questions?
KATIE HOGAN, P.E., CFM
KMH@FREESE.COM
ED HELTON , TROPHY CLUB
PROJECT MANAGER
EHELTON@TROPHYCLUB.ORG
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ATTACHMENT H
OTD Economic Development Agreement
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ECONOMIC DEVELOPMENT AGREEMENT
THIS ECONOMIC DEVELOPMENT AGREEMENT ("
Agreement") for a Public -
Private Partnership is entered into by and between the Town of Trophy Club, Texas, a home rule
municipality (hereinafter "Town"), Tax Increment Reinvestment Zone Number One (hereinafter
TIRZ #1), Trophy Club Economic Development Corporation 4B ( hereinafter "EDC"), OTD
TC2, LLC, and OTD TC, LLC, a Texas limited liability company (OTD TC and OTD TC2
collectively referred to hereinafter as "the Developer"), and all entities collectively referred to as
Parties in this Agreement ("Parties").
WITNESSETH:
WHEREAS, the Town of Trophy Club is a home rule municipal corporation; and
WHEREAS, pursuant to Chapter 380 of the Texas Local Government Code (hereinafter
referred to as "EDC Act"), on May 4, 1996, the Town created Economic Development
Corporation 4B for the purpose of making economic development incentives and grants
hereinafter referred to as 'EDC"); and
WHEREAS, pursuant to Chapter 311 of the Texas Tax Code (hereinafter "TIRZ Act"),
the Town created Reinvestment Zone No. 1, Town of Trophy Club, Texas (hereinafter "TIRZ")
which is a tax increment fund for a designated zone within the Town, and
WHEREAS, Developer is the owner of an approximate 3.88 acre tract of land generally
located in the Trophy Wood Plaza project comprised of Tract 1, Lots 1 and 2, and Tract 2 Lot
2R2 and zoned as part of Planned Development, PD No. 25, more particularly described on
Attachment "A", a copy of which is attached hereto and incorporated herein (hereinafter the
Property"), and Developer desires to develop its Property; and
WHEREAS, the Property is located within the boundaries of Tax Increment
Reinvestment Zone Number One; and
WHEREAS, Developer desires to enter into this Agreement with Town, EDC and TIRZ
in order to develop its property; and
WHEREAS, in order to maintain and/or enhance the commercial economic and
employment base of the Town of Trophy Club and the surrounding region for the long-term
interest and benefit of the Town, in accordance with the EDC Act and TIRZ Act, the Town,
EDC, and TIRZ #1 desire to enter into this Agreement to provide the terms of a public-private
partnership between the Parties providing certain incentives for the development of the property
in accordance with the standards set forth herein; and
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WHEREAS, on the 24th day of March 2014, after negotiations with the Developer, the
Town Council of the Town, the Board of Directors for EDC, and the Board of Directors for
TIRZ approved a Term Sheet with Developer pursuant to applicable state law, outlining details
of the proposed development and obligations of all Parties thereto; and
WHEREAS, by agreement of the Parties, the Term Sheet was amended on November
25, 2014 and February 20, 2015, with payment obligations by EDC commencing on January 22,
2015; and
WHEREAS, pursuant to the EDC Act, the TIRZ Act, Chapter 380 of the Texas Local
Government Code and other legal authority, the Town, EDC, and TIRZ desire to provide
incentives to the Developer to develop the Property in accordance with this as more specifically
set forth herein;
WHEREAS, the Developer agrees to develop the Property in a manner consistent with
an approved development plan as described in Attachment "B", attached hereto and made a part
hereof, or as amended in accordance with all provisions of the Town;
WHEREAS, the Town, EDC, and TIRZ find that the administration of an economic
development agreement to provide incentives to the Developer, in return for developing the
Property would promote local economic development and stimulate business and commercial
activity within the Town and would directly establish a public purpose, and;
WHEREAS, the Town, EDC, and TIRZ has determined that this Agreement contains
sufficient controls to ensure that the above-mentioned public purposes are carried out in all
transactions involving the use of public funds and resources in the establishment and
administration of the Agreement;
NOW, THEREFORE, in consideration of the foregoing, and on the terms and
conditions hereinafter set forth, the Parties do mutually agree as follows:
ARTICLE I
TERM
1. 1 This Agreement shall be effective on the date that this Agreement is executed by
all Parties ("Effective Date") and shall continue until January 22, 2035 or until all obligations
hereunder have been met, whichever occurs first (the "Term") or, unless sooner terminated as
provided herein.
ARTICLE II
DEFINITIONS
2.1 Wherever used in this Agreement, the following terms shall have the meanings
ascribed to them:
Agreement" has the meaning set forth in the introductory paragraph of this Agreement.
ECONOMIC DEVELOPMENT AGREEMENT
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Town" has the meaning set forth in the introductory paragraph of this Agreement.
Construction Costs" means the costs of all construction, including but not limited to,
hard construction, construction equipment charges, the costs of construction materials and the
delivery thereof, contractor fees, surveying and engineering costs and fees, insurance, bonding,
fees for required bonds, or Town fees, including but not limited to inspection fees, impact fees
and park development fees, related to the development of the Improvements and any parking,
landscaping and lighting related to same.
Developer" has the meaning set forth in the introductory paragraph of this Agreement.
Effective Date" means the date established in Article I of this Agreement.
Force Majeure" shall mean any contingency or cause beyond the reasonable control of
Developer, including without limitation, acts of God or the public enemy, war, riot, terrorism,
civil commotion, insurrection, governmental or de facto governmental action including, but not
limited to, government actions pertaining to the determination of flood zones or FEMA actions
unless caused by acts or omissions of Developer), fire, explosion or flood, and strikes.
Payments" means monetary payments made to the Town by the Developer for the
Purchase Price of the Property.
Property Improvement(s)" shall mean, at minimum, two (2) new restaurants including
all ancillary improvements such as required parking and landscaping, more fully described in
Attachment "B".
Property" shall mean the 3.88 acres generally located at Trophy Wood Drive and
Highway 114, as described in Attachment "A" and described by metes and bounds, lot and
block or abstract and survey attached hereto, and made a part hereof, and the improvements
located or to be located thereon.
Public Improvements" shall mean the public streets, public infrastructure (including,
but not limited to, all curb and gutter, concrete parking, site lighting, landscaping, public utilities,
permit fees, sidewalks, site preparation, and engineering) and related public facilities to be
constructed on or benefiting the Property and all costs associated therewith.
Purchase Price" shall have the meaning set forth in Article IV of this Agreement.
Sales And Use Tax" means all of the sales and use tax imposed by the Town pursuant
to Chapter 321 of the Texas Tax Code, as amended, and any other applicable law, on the sale of
Taxable Items consummated on the Property.
Sales Tax Receipts" means 100% of the Town's annual receipts from the State of
Texas from the collection of Sales and Use Tax from the Property as a result of the sale of
Taxable Items on the Property.
ECONOMIC DEVELOPMENT AGREEMENT Page 3
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Substantial Completion" means with regard to the Public Improvements, the date the
Town issues a Letter of Acceptance for the Public Improvements.
Tax Certificate" ("Certificate") means a certificate or other statement in a form
reasonably acceptable to the Town setting forth the collection of Sales and Use Tax and Property
Tax received by the Town, for Property Tax and the sale of Taxable Items on the Property
consummated on the Property for the applicable period which are to be used to determine the
Sales Tax Receipts, together with such supporting documentation as the Town may reasonably
request.
Taxable Items" shall have the same meaning assigned by Chapter 151, TEX. TAX
CODE ANN., as amended.
ARTICLE III
GENERAL PROVISIONS
3.1 As soon as practical after the Effective Date of this Agreement, the Developer
shall commence construction of the Property Improvements on the Property in accordance with
the Town approved plans and in substantial conformance with the Concept Plan, a copy of which
is attached hereto and incorporated herein as Exhibit `B".
3.1.1 The Developer has purchased the Property, as described in Exhibit A, for
1,064,278.25. The Developer shall submit or cause to be submitted to the Town for its review
and approval final plans for the design of the Property Improvements in accordance with all
Town ordinances and regulations. Property Improvements shall include the construction of, at
minimum, two (2) high quality restaurants and associated improvements as shown on Exhibit
B" and further approved final site plan and construction plans on the Property.
3.1.2 The total investment on the Property, including any of Developer's loans on the
Property, construction of improvements and Public Improvements, and tenant improvements, or,
alternatively, the appraised value of the Property following the improvements described herein,
shall be approximately Two Million Five Hundred Thousand and 00/100 Dollars ($2,500,000).
3.2 Within twenty-four (24) months after January 22, 2015, Developer shall have
obtained two (2) executed restaurant leases for two (2) restaurants located on the Property, and
each lease shall have a ten (10) year minimum initial term. Additionally, within thirty-six (36)
months from January 22, 2015, Developer shall also obtain two (2) Certificates of Occupancy for
two (2) restaurants on the Property.
3.2.1 In the event of Force Majeure or, if in the reasonable opinion of the Town, EDC
and TIRZ, the Developer has made substantial progress toward completion of construction,
renovation and installation of the Property Improvements and Public Improvements, additional
time may be granted to Developer by the Town, EDC and TIRZ as may be required to
reasonably allow Developer to comply with its obligations under this Agreement. Developer
may request additional time for compliance of its obligations hereunder to Town, EDC, and
TIRZ, based upon good cause, for an event of Force Majeure or other causes of delay as
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determined acceptable by Town, EDC and TIRZ in the reasonable discretion of Town, EDC, and
TIRZ.
3.2.2 Developer shall use best efforts to provide two (2) separate restaurant quarterly
gross sales reports to the Town within thirty (30) days following the end of each quarter, if
Developer is able to obtain reports from tenants. This obligation shall end upon the date of
termination of this Agreement.
ARTICLE IV
ECONOMIC DEVELOPMENT INCENTIVES —
EDC Obligations
4.1 EDC Obligations: Pursuant to a Chapter 380 sales tax reimbursement agreement
with Developer, EDC shall designate a portion of its annual budget to pay Developer's Lender a
total amount not to exceed $1,064,278.25 (Purchase Price excluding interest) upon Developer's
compliance with all conditions set forth in this section. EDC shall make such payments in
accordance with subsection (a) of this Section and shall have the rights and remedies set forth
below, and all payments shall be contingent upon Developer's compliance with each of the
following conditions:
a. Payment Terms by EDC and Certificate of Occupancy Deadline. EDC shall
pay Developer's Lender monthly payments in the amount of $11,731.08, for a
period of twenty-four (24) months, which payment by EDC commenced on
January 22, 2015 pursuant to the terms of the Letter Agreement between the EDC
and the Developer dated February 19, 2015, with a total payment by EDC not to
exceed $140,773 annually to Developer's Lender, which amount is the equivalent
of principal and interest due by Developer for the Property purchased (the "Land
Repayment"). If at the end of the twenty-four (24) month period, such date being
January 22, 2017, Developer has failed to obtain two (2) executed leases for two
2) restaurants, then EDC's Land Repayment obligations thereafter shall
terminate, and EDC shall have the rights set forth in Section 4.1(b) (below),
unless the parties agree to an extension of time as expressly authorized by this
Agreement. Further, if Developer fails to obtain two (2) Certificates of
Occupancy for each of the two (2) separate restaurant sites within the thirty-six
36) months after the first Land Repayment (January 22, 2018), then all further
Land Repayment obligations of EDC hereunder shall terminate, unless the parties
agree to an extension as expressly authorized by this Agreement, and EDC shall
have the rights set forth in Sections 4.b and 4.f (below).
If at the end of the initial twenty-four (24) month period, ending on January 22,
2017, Developer has complied with its obligations under this Section, EDC shall
continue to make Land Repayments through the end of the thirty-six (36) month
period ending on January 22, 2018. If at the end of the thirty-six (36) month
period, Developer has complied with all obligations, EDC shall continue making
Land Repayments in the amount of $11,731.08 with a total payment by EDC not
to exceed $140,773 annually to the Developer's Lender pursuant to the Developer
Agreement for a period of seven (7) additional years, ending January 22, 2025, or
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upon the date that Developer's debt is paid in full, whichever occurs first. If EDC
has exercised its right to purchase the Property pursuant to Section 4.1(b) (below),
then EDC shall continue making Land Repayments to Developer's Lender on its
own behalf and Developer shall not be a party or beneficiary thereof, but shall
comply with all of its obligations as set forth under Section 4.b (below).
Notwithstanding the foregoing, such Land Repayment shall not exceed
140,773.00 each year in which it is due, and debt service due on any bonds
issued shall be paid by EDC prior to any payments to Developer due pursuant to
this Agreement.
b. EDC/Town's Right to Purchase/Financing Agreements/Mandatory Transfer
of Property. The right of EDC and/or Town to purchase or require transfer of the
Property by Developer shall be available at the end of the twenty four (24) month
period, January 22, 2017, and again at the end of the thirty-six (36) month period,
January 22, 2018, if Developer fails to comply with the requirements of Section
3.2 (above) related to such time periods. The Town and EDC's election to
purchase the Property as permitted by this Section 4.1(b) shall be exercisable in
its sole discretion within one hundred twenty (120) days of the passage of the
twenty four (24) and/or thirty-six (36) month periods (the "Option Periods"), after
which Option Periods the Town and EDC waive their right to elect to purchase
the Property. Developer, Town, and EDC shall structure the bank financing
agreement(s) for the Property such that Town and/or EDC has the right to step
into Developer's shoes as the purchaser of the Property and/or Developer is
required to transfer title to the Property to the EDC and/or Town if OTD has
failed to comply with its obligations under Section 3.2 (above). All payments
associated with such purchase made by EDC to Developer shall be paid directly
to Developer's Lender for satisfaction of Developer's loan to purchase the
Property. Developer agrees that upon request by Town and/or EDC, following
Developer's failure to comply with its obligations under Section 3.2 of this
Agreement, Developer shall within fifteen (15) days of written notice of default
and demand by Town and/or EDC, execute all necessary documents and take all
actions necessary to transfer all rights and interest to the Property, all Property
Improvements, Public Improvements and all improvements of any kind to the
Property, to Town and/or EDC. Developer's failure to timely comply with any
requirement of this section shall be a default.
c. Prepayment by EDC. The EDC has the right to pay the total principal amount to
Developer's Lender at any time during the Agreement term without penalty, as
well as to make additional principal payments without penalty.
d. Discretionary Sale by OTD. The Town and/or EDC shall have the Right of
First Refusal to purchase the Property if Developer desires to sell the Property
with or without Public Improvements or Property Improvements at any time
during the Right of First Refusal Term (defined below). The right of Town and/or
EDC under this section shall remain in effect until such time as two (2) separate
restaurants on the Property have each received a Certificate of Occupancy and
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Developer complies with all of its obligations under Section 3.2 and Section
4.1(a) of this Agreement (above), at which time the Town's and EDC's right of
First Refusal shall terminate and be of no further force and effect ("Right of First
Refusal Term"). If at any time during the Right of First Refusal Term Developer
desires to sell the Property, Developer shall first advise Town, EDC, and TIRZ in
writing by providing the name of the potential purchaser of the Property. Town,
EDC and TIRZ shall have the right to reasonably approve any and all future
purchasers of the Property during the term of this Agreement. Upon approval by
Town, EDC and TIRZ of the proposed purchaser of the Property, this Agreement
shall be fully transferrable to the approved purchaser. Town, EDC and TIRZ
approval shall not be unreasonably withheld or delayed.
e. Lien Status. The EDC shall hold third (P) lien status and, any such lien status of
EDC shall be subordinate to Developer's Lender's position on all phases of
development. Such EDC lien shall exist until all required milestones as set forth
in Section 4.1 (a) (above) and in this Agreement have been met by Developer, at
which point it shall terminate and cease to be of any force or effect, and the EDC
shall issue and file all documents necessary to terminate and remove such lien.
Notwithstanding the foregoing, EDC's lien status shall only be subordinate to
Developer's Lender's lien(s).
f. Termination of Agreement. In addition to the rights and remedies provided to
Town and EDC pursuant to Section 4.1 (a) and 4.1 (b) above for the failure of
Developer to comply with the requirements of those Sections, this Agreement
shall terminate, unless the parties agree to an extension of time, with no further
obligation or payment of any kind by Town or EDC to Developer's Lender, if as
of January 22, 2017, the expiration of twenty-four (24) months from January 22,
2015, Developer has failed to provide two (2) separate executed restaurant leases,
and if as of January 22, 2018, the expiration of thirty-six (36) months from
January 22, 2015, Developer has failed to timely comply with every term of this
Agreement, or Developer has failed to obtain at least two (2) Certificates of
Occupancy for two (2) separate restaurant sites by January 22, 2018, in which
event the provisions set forth in Section 4.1 (b) (above) shall take effect.
However, if Developer complies with Sections 4.1 (a), 4.1(b), 4.1.(c), and 4.1 (d)
above), the EDC obligation to Developer shall terminate on January 22, 2025 or
the date of payment in full of the Purchase by EDC and/or Town, whichever
occurs first. Town's rights pursuant to Section 4.1 (c) (above) shall not be
effected by this section.
g. Dissolution or Bankruptcy of Developer. If Developer ceases to exist or files
for bankruptcy during the Term of this Agreement, EDC shall be excused from
making any future payments to Developer's Lender, and all agreements shall
terminate pursuant to their terms. Notwithstanding the foregoing, Town's rights
pursuant to Section 4.1(b) (above) shall survive termination of this Agreement.
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ARTICLE V
TIRZ OBLIGATIONS
5.1 TIRZ Funding.
a. TIRZ Reimbursement, Term and Public Improvements. —Developer shall be
eligible for payment in an amount up to $1,000,000 in reimbursement for amounts
spent by Developer for eligible Public Improvements plus all interest which
Developer must pay to a third party accumulated on the costs associated with such
Public Improvements ("TIRZ Reimbursement"). Developer shall submit to Town
proposed Public Improvements for which it seeks approval with appropriate bid
and invoice documentation. Town must approve proposed Public Improvements
as eligible for reimbursement by TIRZ prior to such expense being reimbursable
to Developer. Town's determination shall be in the reasonable discretion of
Town; such Town approval shall not be unreasonably withheld or delayed.
Additionally, Developer shall comply with all applicable Town development
regulations as a condition precedent to receipt of TIRZ Reimbursement.
Beginning thirty days after the date of submission of the first invoice for TIRZ
Reimbursement for an eligible Public Improvement, TIRZ shall pay to Developer
the TIRZ Reimbursement payable to Developer at a rate of sixty percent (60%)
of total incremental revenue generated from the entire TIRZ for twenty (20) years,
or until such time as a maximum amount of $1,000,000 is paid to Developer in
TIRZ Reimbursements, whichever occurs first. As long as there are sufficient
funds available to pay the TIRZ Reimbursements, such payments shall be made
monthly. Notwithstanding the foregoing, if at the time of Town's approval of
Developer's reimbursable expense(s), TIRZ has not generated sufficient funds to
pay Developer the full amount of the TIRZ Reimbursement, TIRZ shall be
entitled to defer payment of the TIRZ Reimbursement, without interest, to
Developer until such time as TIRZ has sufficient funds to provide Developer with
the TIRZ Reimbursement; and such a deferment shall result in an extension of the
20 year Term of this Agreement or until such time as all TIRZ Reimbursements
are paid to Developer.
b. TIRZ First Priority. Developer shall have "first priority" of payment of the
TIRZ Reimbursements payable pursuant to Section 5.1(a); provided however that
if Developer fails to comply with its obligations under this Agreement or is in any
manner in default of one or more of its obligations under this Agreement, TIRZ
may in its reasonable discretion revoke Developer's first priority status upon ten
10) days prior written notice to Developer. Within thirty days (30) of date of
Developer's cure of such failure, Developer's "first priority"
status shall be
reinstated.
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5.2 TIRZ Payment.
a. Lump Sum Payment. Upon issuance of the first building permit for Bread
Winners and Quarter Bar, the Town shall pay to Developer $400,000 as part of
the total $1,000,000 TIRZ Reimbursement. TIRZ shall repay the Town $400,000
from forty percent (40%) of the total increment revenue generated by the TIRZ,
including interest if desired by the Town. The Town shall have "first priority" of
revenue and payment at a percentage rate not to exceed forty percent (40%) of
total incremental revenue generated from the entire TIRZ.
b. Performance Payment Reduction of Reimbursable Expenses. During years six
through twenty (6-20) after the date of the execution of this Agreement, if a
restaurant on the Property is continuously vacant for a period of twelve (12)
months plus one (1) day, and Developer also is not in possession of: (1) a Letter
Of Intent; or (2) a Building Permit; or (3) a Certificate of Occupancy, then the
TIRZ Reimbursements shall be reduced by the total proportional contribution to
the TIRZ of the form of ad valorem and sales tax generated by the vacant
restaurant's highest incremental value generated. For example, if the former
restaurant generated $10,000 to the TIRZ and the total TIRZ payment due to
Developer was $20,000, then the $20,000 payment would be reduced by $10,000
until one or a combination of the foregoing events (1) through (3) occurs for a
new restaurant upon the Property, at which time the TIRZ Reimbursements shall
continue to be payable in full.
ARTICLE VI
TERMINATION
6.1 Termination of Developer Agreement. This Agreement shall terminate with no
further payment of any kind by TIRZ to Developer if Developer has failed to timely comply with
every term of this Agreement, and such failure has not been cured by January 22, 2018, or such
later date as agreed to by the EDC. Notwithstanding the foregoing, EDC's rights pursuant to
Section 4.1(b) (above) shall survive termination of this Agreement.
6.2 Dissolution or Bankruptcy of Developer. If Developer ceases to exist or files
for bankruptcy during the Term, TIRZ shall be excused from making any future payments to
Developer, and this Agreement shall terminate. Notwithstanding the foregoing, Town's rights
pursuant to Section 4.1(b) (above) shall survive termination of this Agreement.
6.3 Default. In addition to the other events of default set forth in this Agreement, this
Agreement may be terminated upon any one or more of the following:
1. By written agreement signed by both parties;
2. Expiration of the Term or fulfillment of all obligations as outlined in this Agreement;
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3. By the non -breaching Party in the event the other Party breaches any of the terms or
conditions of this Agreement and such breach is not cured within sixty (60) days after
written notice thereof to the breaching Party;
4. By Town, if Developer suffers an Event of Bankruptcy or dissolution; and
5. By Town, if any taxes, assessments or payments owed to the Town or the State of
Texas by Developer shall become delinquent and not cured within sixty (60) days
after written notice thereof if Developer is not then protesting or contesting any such
taxes or assessments, in which event Developer shall not be in default due to non-
payment of the protested taxes.
ARTICLE VII
MISCELLANEOUS
7.1 Successors and Assigns. The terms and conditions of this Agreement are binding
upon the successors and assigns of all parties hereto. Except as expressly provided otherwise
herein, this Agreement cannot be assigned by the Developer unless written permission is first
granted by the Town, which consent shall not be unreasonably withheld, so long as the
Developer's assignee agrees to be bound by all terms and conditions of this Agreement.
Any
party who obtains such consent shall hereafter be referred to as a "permitted assignee". It is
understood and agreed between the parties that the Developer, in performing its obligations
thereunder, is acting independently, and neither the Town, EDC and/or TIRZ assumes any
responsibility or liabilities in connection therewith to third parties; it is further understood and
agreed between the parties that the Town, EDC and/or TIRZ, in performing its obligations
hereunder, is acting independently, and the Developer assumes no responsibilities in connection
therewith to third parties. Notwithstanding the preceding provisions of this Section 7.1, the
TOWN, EDC and TIRZ each consent to Developer's Lender as a permitted assignee hereunder.
7.2 Notices. Notices required to be given to any party to this Agreement shall be
given personally or by certified mail, return receipt requested, postage prepaid, addressed to the
party at its address as set forth below, and, if given by mail, shall be deemed delivered three (3)
days after the date deposited in the United States' mail:
For Town by notice to:
Town of Trophy Club
Attn: Stephen Seidel
100 Municipal Drive
Trophy Club, TX 76262
For Developer by notice to:
OTD TC, LLC
Attn: Chris Gordon
2241 Veranda Avenue
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Trophy Club, Texas 76262
With a copy to:
The Law Offices of David T. Denney, P.C.
Attn: David Denney
8350 N. Central Expwy., Suite 925
Dallas, Texas 75206
Any party may change the address to which notices are to be sent by giving the other parties
written notice in the manner provided in this paragraph.
7.3 No Waiver. No claim or right arising out of a breach of this Agreement can be
discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver
or renunciation is supported by consideration and is in writing signed by the aggrieved.
7.4 Amendment. This Agreement may be modified or rescinded only by a writing
signed by both of the parties or their duly authorized agents.
7.5 Venue. Exclusive venue for any litigation arising from this Agreement shall lie in
Denton County, Texas.
7.6 Indemnity. Developer agrees to defend, indemnify and hold Town, EDC
and/or TIRZ, its officers, agents and employees, harmless against any and all claims,
lawsuits, judgments, costs and expenses for personal injury (including death), property
damage or other harm for which recovery of damages is sought, suffered by any person or
persons, that may arise out of or be occasioned by Company's breach of this Agreement or
by any negligent or strictly liable act or omission of Company, its officers, agents,
employees or subcontractors, in the performance of this Agreement. The provisions of this
paragraph are solely for the benefit of the parties hereto and not intended to create or
grant any rights, contractual or otherwise, to any other person or entity. This paragraph
shall survive the termination of this Agreement.
7. 7 Entire Agreement. This Agreement embodies the complete agreement of the
Parties hereto superseding all oral or written previous and contemporary agreements between the
Parties relating to matters herein and, except as otherwise provided herein, cannot be modified
without written agreement of all Parties.
7.8 Multiple Counterparts. This
counterparts, each of which shall constitute an
constitute one agreement.
Agreement may be executed in multiple
original, but all of which in the aggregate shall
7.9 Severability. If any provision contained in this Agreement is held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not
affect any other provision hereof. In lieu of each invalid, illegal or unenforceable provision there
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shall be added a new provision by agreement of the parties as similar in terms to such invalid,
illegal or unenforceable provision as may be possible and yet be valid, legal and enforceable.
7.10 Context. Whenever the context requires, all words herein shall be deemed to
include the male, female, and neuter gender, singular words shall include the plural, and vice
versa.
7.11 No Third Party Beneficiary: Except as otherwise expressly provided for herein,
for purposes of this Agreement, including its intended operation and effect, the parties
specifically agree and Agreement that: (
1) the Agreement only affects matters/disputes between
the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise
affect any third person or entity, notwithstanding the fact that such third person or entities may
be in a contractual relationship with TOWN, EDC, TIRZ or Developer, collectively or
individually; and (2) the terms of this Agreement are not intended to release, either by contract or
operation of law, any third person or entity from obligations owing by them to either TOWN,
EDC, TIRZ, or Developer. Except as otherwise expressly provided for herein, this Agreement
shall not create any third -party beneficiaries. Notwithstanding the preceding provisions of this
Section 7.11, the TOWN, EDC, TIRZ, and Developer each acknowledge that the Developer's
Lender, as defined in Section 7.13 (6), will rely upon Sections 4.1(e), 7.1, 7.11, and 7. 13 of this
Agreement in making a loan or loans to the Developer and is expressly included as a third party
intended as a beneficiary of this Agreement relating to those express Sections and those Sections
only.
7.12 Execution. This Agreement was authorized by action of the Town Council, EDC,
and TIRZ and such action has authorized the Town Manager to execute this Agreement on
behalf of the Town.
7.13 Developer's Lender Provisions. Notwithstanding anything to the contrary set
forth in this document, the following provisions shall control:
1. TOWN, EDC, and TIRZ hereby consent to the Developer's collateral pledge and/or
assignment of the Land Repayment and/or TIRZ Reimbursement to Developer's
Lender in a manner the same as or similar to that provided in Chapter 64 of the Texas
Property Code, as may be amended or superseded, and more commonly known as the
Texas Assignment of Rents Act.
2. Before exercising any remedies of default against Developer or terminating the Land
Repayment and/or TIRZ Reimbursement, the party exercising such remedies or
termination shall first provide Developer's Lender with at least sixty (60) days notice
of Developer's default and/or its intent to terminate the Land Repayment and/or TIRZ
Repayment along with the specific reasons therefor, and allow the Developer's
Lender an opportunity to cure said default and/or prevent such termination.
Developer shall not be considered in default and no right of termination of the Land
Repayment and/or TIRZ Repayment shall exist, so long as Developer's default under
this Agreement is not creating material damage to the party exercising a remedy of
default and/or termination of the Land Repayment and/or TIRZ Repayment, and
Developer's Lender has begun to cure said default within the sixty (60) day period
and thereafter diligently prosecutes the same to completion within a reasonable period
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of time thereafter.
3. EDC's rights of purchase and/or rights of first refusal under Article IV above shall be
expressly subordinate to the rights and liens of Developer's Lender, and any sale,
transfer, assignment, or other conveyance of the Property shall be made expressly
subject to the Developer's Lender's rights and liens. The parties hereto agree to
execute in a form reasonably acceptable to Developer's Lender and suitable for
recording in the public records a Subordination, Non -Disturbance, and Attornment
Agreement which includes this covenant.
4. In the event that TIRZ revokes Developer's priority status, before doing so, TIRZ
shall provide Developer's Lender with at least thirty (30) days prior written notice of
its intent to revoke Developer's priority status, and allow Developer's Lender an
opportunity to cure the reasons for such potential revocation within that thirty (30)
day or other extended period provided in the written notice.
Although Developer's Lender may have a right to perform an obligation or cure a
default of the Developer under this Agreement, nothing herein shall require
Developer's Lender to perform any such obligation or cure any default of Developer.
The performance of an obligation or a cure of a default of Developer by Developer's
Lender in one instance shall not operate to require the Developer's Lender to perform
any other future obligations or defaults. The determination to perform any
obligations or cure any defaults of the Developer hereunder shall be made in the sole
and complete discretion of Developer's Lender.
6. As set forth herein, the term Developer's Lender means "First State Bank, a Texas
state bank", and its successors and permitted assigns under Section 7.1 above.
TOWN OF TROPHY CLUB, TEXAS
Mayor, C. Nick Sanders
Town of Trophy C lub, Texas
Date: i
Presiden&bregory Wilson
EDC -413, Town of Trophy Club, Texas
Date: I C)/Z-7/ 1
Chair,lDavid Brod tl \
TIRZ #1, Town
of Trophy Club, Texas
Date:
ECONOMIC DEVELOPMENT AGREEMENT
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APPROVED TO FORM:
Patricia Adams, Town Attorney
ECONOMIC DEVELOPMENT AGREEMENT
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OTD TC, LLC
OTD TC2, LLC
ECONOMIC DEVELOPMENT AGREEMENT Page 15
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STATE OF TEXAS §
COUNTY OF DENTON & TARRANT §
This instrument was acknowledged before me on the Z_Pday of , 2015, by
Mayor C. Nick Sanders of the Town of Trophy Club, Texas, a home -rule municipality of the State of
Texas, on behalf of said political subdivision.
Y'u HOLLY FIMBRES
Notary Public
STATE OF TEXASI
j,yQpfrlrfl.7 t 19
STATE OF TEXAS
COUNTY OF DENTON & TARRANT
H.vc (""'L Q 10n_
Notary Publ'c, tate of Texas
This instrument was acknowledged before me on the 2 -7v' -,day of r-, 2015, by
President Gregory Wilson of the Economic Development Corporation 4B of the Town of Trophy Club,
Texas, a home -rule municipality of said political subdivision.
STATE OF TEXAS §
COUNTY OF DENTON & TARRANT §
on 0 -A "Mbvlxl -
Notary PublLjState of Texas
This instrument was acknowledged before me on the
Chair David Brod of the Tax Increment Reinvestment Zone No.
home -rule municipality of said political subdivision.
Robbie Killingsworth
gAPV PUB
zO
Notary Public
State of Texas
j9J OFZE*P Commission Expires
10/21/2018
EJday of V l 2015, by
1 of the Town of Trophy Club, Texas, a
U
Notary Public,
ate of TQixas
ECONOMIC DEVELOPMENT AGREEMENT Page 16
HOLLY FIMBRES
Notary Public
STATE OF TEXAS
AAr C+FxrYii.111 X2019
STATE OF TEXAS §
COUNTY OF DENTON & TARRANT §
on 0 -A "Mbvlxl -
Notary PublLjState of Texas
This instrument was acknowledged before me on the
Chair David Brod of the Tax Increment Reinvestment Zone No.
home -rule municipality of said political subdivision.
Robbie Killingsworth
gAPV PUB
zO
Notary Public
State of Texas
j9J OFZE*P Commission Expires
10/21/2018
EJday of V l 2015, by
1 of the Town of Trophy Club, Texas, a
U
Notary Public,
ate of TQixas
ECONOMIC DEVELOPMENT AGREEMENT Page 16
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STATE OF TEXAS §
COUNTY OF OeOALn §
This instrument was acknowledged before me on the day of ()C:jj)V„r , 2015, by
Q, -) ri*C)hef f1c7 & 0 OTD TC, LLC a Texas limited liability company, on behalf of said company.
STATE OF TEXAS §
COUNTY OF §
Notary Publi ,
State of Texas
This instrument was acknowledged before me on the 22 21ay of b , 2015, by
Chrl 0unh Lnr6ovkn OTD TC2, LLC a Texas limited liability company, on behalf of said company.
HOLLY FIMBRES
Notiry Public
S AAE CiF TEXA8
My Cts 1H41 C1
STATE OF TEXAS §
COUNTY OF §
Notary Publi ,
State of Texas
This instrument was acknowledged before me on the 22 21ay of b , 2015, by
Chrl 0unh Lnr6ovkn OTD TC2, LLC a Texas limited liability company, on behalf of said company.
L l }-
Notary Public, State of Texas
ECONOMIC DEVELOPMENT AGREEMENT Page 17
HOLLY FIMBRES
Notary Public
STATE OF TEXAS
My Cantu, 7111f'2019
L l }-
Notary Public, State of Texas
ECONOMIC DEVELOPMENT AGREEMENT Page 17
Town Council Minutes October 13, 2015 Page 137 of 213Town Council Page 143 of 282 Meeting Date: November 10, 2015
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Exhibit "A"
LEGAL DESCRIPTION
LEGAL DESCRIPTION TRACT ONE: Lots 1 and 2, Block A, Trophy Wood Business Center,
an addition to the Town of Trophy Club, Denton County, Texas according to the plat thereof
recorded in Volume V, Page 295 of the Plat Records of Denton County, Texas. (Parcel now
located in Tarrant County).
LEGAL DESCRIPTION TRACT TWO: Lot 2R-2, Block B, Trophy Wood Business Center, an
addition to the Town of Trophy Club, Tarrant County, Texas according to the plat thereof
recorded as Document No. D213097463 of the the Plat Records of Tarrant County, Texas.
ZONING STATEMENT: Accordingto the current published zoning information, Tract One and
Tract Two are currently zoned PD -25.
FLOOD STATEMENT: Based on scaling the surveyed lot shown hereon onto the FEMA Flood
Insurance Rate Map No. 48439CO085K (Rev. 9-25-09), said lot lies within FEMA zone X and
does not lie within the FEMA designated 100 -year flood plain. Miller Surveying,Inc. makes no
statement as to the likelihood of the actual flooding of said surveyed lot.
EASEMENT STATEMENT: The following statements regarding easements and agreements are
in reference to the items listed in Schedule B of the Commitment for Title Insurance issued on
December 31,2014 by Chicago Title Insurance Company, GF No. CTMH63-8055631400073
and are based on my professional opinion:
Regarding Item 10(f): The 10' Landscape Easement; the 37' Firelane Easement; the 15'
Landscape Easement; the 5' Sidewalk and Utility Easement; the 35' Utility Easement; the 25'
Utility Easement; and the 10' Utility Easement per plat Volume V Page 295 M.R.D.C.T. affect
the surveyed tract(s) and are depicted accordingly;
Regarding Item O(g): The 30' Building Line per plat Volume V Page 295 M.R.D.C.T. affect the
surveyed tract(s) and are depicted accordingly;
Regarding Item 10(h): The Variable Width Utility Easement; the 15' Landscape Easement; the
20' Sanitary Sewer Easement; the 5' Sidewalk & Utility Easement; the 15' Landscape Easement;
the 10' Landscape Easement; the 10' Utility Easement and the Firelane,Drainage & Access
Easement per plat D213097463 P.R.T.C.T. affect the surveyed tract(s) and are depicted
accordingly;
Regarding Item O(i): The 30' Building Line per plat D213097463 P.R.T.C.T.affect the
surveyed tract(s) and are depicted accordingly;
Regarding Item IOU): No plottable elements;
Regarding Item O(k): The surveyed tracts are subject to the Grant of Recciprocal Easements
and Declarations of Covenants recorded as Document No. D206339101 D.R.T.C.T.;
ECONOMIC DEVELOPMENT AGREEMENT Page 18
Town Council Minutes October 13, 2015 Page 138 of 213Town Council Page 144 of 282 Meeting Date: November 10, 2015
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Regarding Item 10(1): The surveyed tracts are subject to the Access Easement and Agreement
recorded in Volume 5228, Page 3916, R.P.R.D.C.T.;
Regarding Item O(m): The easement to Texas Power and Light recorded in Volume 1521,Page
692 R.P.R.D.C.T. as shown on plat Cabinet A, Page 13053 P.R.T.C.T.. affects the surveyed
tract(s) and is depicted accordingly;
Regarding Item O(n): The easement to Trophy Club Municipal Utility District No. Irecorded in
Volume 3260,Page 198 R.P.R.D.C.T. as shown on plat Cabinet A, Page 13053
P.R.T.C.T.,affects the surveyed tract(s) and is depicted accordingly;
Regarding Item O(o): The easement to Pacific Southwest Bank recorded as Document No.
1995-34614 R.P.R.D.C.T. does not affect the surveyed tract(s);
ECONOMIC DEVELOPMENT AGREEMENT Page 19
Town Council Minutes October 13, 2015 Page 139 of 213Town Council Page 145 of 282 Meeting Date: November 10, 2015
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Exhibit "B"
CONCEPT PLAN
2449`
Al
TRAM TWO itr
41
d8F
MILLER
Ie IY.IY.M1YfY
ECONOMIC DEVELOPMENT AGREEMENT Page 20
Town Council Minutes October 13, 2015 Page 140 of 213Town Council Page 146 of 282 Meeting Date: November 10, 2015
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ATTACHMENT I
Bill Rose Winter Averaging - Rate Appeal Presentation
Town Council Minutes October 13, 2015 Page 141 of 213Town Council Page 147 of 282 Meeting Date: November 10, 2015
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WINTER
AVERAGING
RATE APPEAL
Town Council Minutes October 13, 2015 Page 142 of 213Town Council Page 148 of 282 Meeting Date: November 10, 2015
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Public utilities
Commission
JUST AND
REASONABLE
Town Council Minutes October 13, 2015 Page 143 of 213Town Council Page 149 of 282 Meeting Date: November 10, 2015
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TEXAS Administrative
code
A method of separating customers by
class shall be adopted so as to apply
rates that will accurately reflect the
cost of service to each class of
customer.
Town Council Minutes October 13, 2015 Page 144 of 213Town Council Page 150 of 282 Meeting Date: November 10, 2015
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SEWER VOLUME BY USER
0
5
10
15
20
25
30
35
MI
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N
G
A
L
L
O
N
S
RESIDENTIAL 185.835 MG
COMMERCIAL 135.346 MG
TOTAL 321.181 MG
Town Council Minutes October 13, 2015 Page 145 of 213Town Council Page 151 of 282 Meeting Date: November 10, 2015
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SEWER VOLUME BY USER
58% 42%
321.181 MILLION GALLONS CY2014
RESIDENTIAL
185.835 MG
or
185,835 Units
COMMERCIAL
135.346 MG
or
Town Council Minutes October 13, 2015 Page 146 of 213Town Council Page 152 of 282 Meeting Date: November 10, 2015
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Projected REVENUE BY
CLASS
58%
23%
19%
$1,543,702 from VOLUMETRIC
RESIDENTIAL
$ 893,184
+ 294,558
$ 1,187,742
COMMERCIAL
135.346 MG @ $ 2.63
per K =$ 355,960
$ 294,558
45.2%
42 % $ 650,517
- $ 355,960
$ 294,558
Town Council Minutes October 13, 2015 Page 147 of 213Town Council Page 153 of 282 Meeting Date: November 10, 2015
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Equal COSTs BY USER Group
Residential - Winter Averaging
58% 42%
$1,543,702 TOTAL REVENUE BY
USAGE
RESIDENTIAL
$ 893,184
185,835 units
$ 4.806 per K
2014-15
364,224 units
$ 2.461 per K
COMMERCIAL
$ 650,517
135,346 units
$ 4.806 per K
Town Council Minutes October 13, 2015 Page 148 of 213Town Council Page 154 of 282 Meeting Date: November 10, 2015
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Percentage RATE change
sewer
8/27/13 5/20/14 9/1/15 16 Mo. 24 Mo.
Basic Charge $12.71 $14.58 $15.35 105.28% 120.77%
Residential Volumetric
0 - 12,000 g $2.50 $2.50 $2.63 105.20% 105.20%
12,001 - 18,000g 0 $2.50 $2.63 105.20% 26,300.00%
Commercial Volumetric
0 – 6,000 g $2.50 $2.50 $2.63 105.20% 105.20%
7,000 – 17,000 g $3.05 $2.50 $2.63 105.20% 86.23%
18,000 – 25,000 g $3.30 $2.50 $2.63 105.20% 79.70%
26,000 – 50,000 g $3.40 $2.50 $2.63 105.20% 77.35%
51,000 g + $3.50 $2.50 $2.63 105.20% 75.14%
Town Council Minutes October 13, 2015 Page 149 of 213Town Council Page 155 of 282 Meeting Date: November 10, 2015
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Annual residential sewer savings
(winter averaging and no subsidization of Commercial)
0 100 200 300 400 500
1
2
3
4
5
6
7
8
9
10
11
Red = MUD proposed Single Family Rate $2.63 with average water use
Green = Winter Average Single Family Rate $2.47 with average water use
(Note: Additional $184.20 annual base rate cost is not included)
TH
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N
T
H
(
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)
ANNUAL
SAVINGS
1 $404.31
2 $382.56
3 $360.81
4 $339.06
5 $317.31
6 $295.56
7 $273.81
8 $252.06
9 $230.31
10 $208.56
11 $186.81
Median User ~ 5,667 gallons
Average User ~ 6,651 gallons
Town Council Minutes October 13, 2015 Page 150 of 213Town Council Page 156 of 282 Meeting Date: November 10, 2015
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Public utilities
Commission
JUST AND
REASONABLE
Town Council Minutes October 13, 2015 Page 151 of 213Town Council Page 157 of 282 Meeting Date: November 10, 2015
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METER Reading 18,000 Gallons
SEWER CHG $47.34 vs. $2.63
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A C B D
Town Council Minutes October 13, 2015 Page 152 of 213Town Council Page 158 of 282 Meeting Date: November 10, 2015
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Rates Based On
Cost of Service
are
!!!
Town Council Minutes October 13, 2015 Page 153 of 213Town Council Page 159 of 282 Meeting Date: November 10, 2015
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WINTER
AVERAGING
is
!!!
Town Council Minutes October 13, 2015 Page 154 of 213Town Council Page 160 of 282 Meeting Date: November 10, 2015
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WINTER
AVERAGING
RATE APPEAL
Town Council Minutes October 13, 2015 Page 155 of 213Town Council Page 161 of 282 Meeting Date: November 10, 2015
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ATTACHMENT J
TCMUD No. 1 Site Plat Presentation
Town Council Minutes October 13, 2015 Page 156 of 213Town Council Page 162 of 282 Meeting Date: November 10, 2015
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TROPHY CLUB MUD NO. 1
WASTEWATER TREATMENT PLANT
Site Plan & Variance Approval Request
Trophy Club Town Council Meeting
October 13, 2015
Town Council Minutes October 13, 2015 Page 157 of 213Town Council Page 163 of 282 Meeting Date: November 10, 2015
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PROJECT TEAM
Jennifer McKnight
General Manager
Trophy Club MUD No. 1
Kevin Glovier, P.E
Sr. Project Manager
The Wallace Group, a CP&Y, Inc. Company
Adam Marsh, P.E.
Project Engineer
CP&Y, Inc.
Town Council Minutes October 13, 2015 Page 158 of 213Town Council Page 164 of 282 Meeting Date: November 10, 2015
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PLAT PROCESS TO DATE
Waivers were requested and granted by ZBA on September 28, 2015
Final Plat approved by P& Z and Town Council on September 28, 2015
Site Plan and waivers were approved by P&Z on October 1, 2013 subject to:
* update site plan to show existing fence around Maintenance Barn
* all waivers approved including full landscape waiver
* remove trees that could block plant entrance in catastrophic event
Tonight the District is seeking Town Council approval of the Site Plan and
variances from some ordinance requirements
Site Plan approval is the final step to allow construction permits to be issued so
the plant upgrade can get back underway
Town Council Minutes October 13, 2015 Page 159 of 213Town Council Page 165 of 282 Meeting Date: November 10, 2015
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Overall Site Plan
Town Council Minutes October 13, 2015 Page 160 of 213Town Council Page 166 of 282 Meeting Date: November 10, 2015
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Facility Site Plan
Town Council Minutes October 13, 2015 Page 161 of 213Town Council Page 167 of 282 Meeting Date: November 10, 2015
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SITE PLAN VARIANCES REQUESTED
Paved Parking
Fire Lane
Landscaping
Irrigation Plan
Town Council Minutes October 13, 2015 Page 162 of 213Town Council Page 168 of 282 Meeting Date: November 10, 2015
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PAVED PARKING
All parking areas at plant site paved with concrete
Existing nonconforming building located adjacent to the plant site on the eastern
end of the property (between plant site and ClubCorp Maintenance Building)
Maintenance Barn is not continually inhabited and is used for storage and
maintenance only; no office space
Parking area currently not paved with concrete but is a gravel driveway and
parking area
New concrete would be subject to deterioration during and after construction
from constant heavy equipment usage
Variance sought from requirement for paved parking at existing Maintenance
Barn adjacent to plant site currently utilized by Town Park’s Department
Town Council Minutes October 13, 2015 Page 163 of 213Town Council Page 169 of 282 Meeting Date: November 10, 2015
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Maintenance
Barn
Parking
Area
Town Council Minutes October 13, 2015 Page 164 of 213Town Council Page 170 of 282 Meeting Date: November 10, 2015
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Town Council Minutes October 13, 2015 Page 165 of 213Town Council Page 171 of 282 Meeting Date: November 10, 2015
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FIRE LANE
The width of the driveway at the southwest corner is 22 feet wide instead of
required 25 feet wide
Reduced width due to distance between existing building and crane foundation;
crane necessary to allow removal of MBRs for maintenance
Approval from Fire Marshal for reduced width; fire equipment can still maneuver
within property with reduced width fire lane
Variance sought to allow reduced fire lane from 25 foot width to 22 foot width
on southwest corner of property
Town Council Minutes October 13, 2015 Page 166 of 213Town Council Page 172 of 282 Meeting Date: November 10, 2015
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FIRE LANE
Configuration
Requested
Until Road
Constructed
in Dedicated
ROW
Town Council Minutes October 13, 2015 Page 167 of 213Town Council Page 173 of 282 Meeting Date: November 10, 2015
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LANDSCAPING REQUIREMENTS
A minimum of 15% of total landscaped area is required which amounts to 1.59 acres (461,011 sf x
15% = 69,151 sf). Only 3.4 acres (148,460 sf) is actually developed, with the rest being existing
native vegetation. The existing and future land use should be taken into account and the District is
respectfully requesting a waiver from providing required landscaping since no landscaping
currently exists.
The Code requires 9 trees per 4,000 sf of open space. The 10.583 acre property is 77% open space
(existing native vegetation). This would require 810 trees to be planted (358,903 sf/4,000 sf/tree*9
trees). To plant these trees, existing trees would have to be removed. The existing dense
vegetation, and the fact that no work is being done in the existed vegetated areas, presents an
undue burden to complete a tree survey. And because the only way to claim credit for existing
trees is to complete a tree survey, the District is requesting a variance from this requirement.
Town Council Minutes October 13, 2015 Page 168 of 213Town Council Page 174 of 282 Meeting Date: November 10, 2015
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HEAVY VEGETATION SURROUNDING
PLANT SITE
Town Council Minutes October 13, 2015 Page 169 of 213Town Council Page 175 of 282 Meeting Date: November 10, 2015
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LANDSCAPING & IRRIGATION PLAN
Landscaping requirements presents a financial investment to residents in an area
where its unnecessary
Existing and future land use will be for wastewater treatment and landscaping has
never been a part of the plant site
Natural vegetation surrounds the plant site
Tree requirements pose potential problems to underground yard piping required
for wastewater collection at the plant site
Without landscaping there is no need for irrigation plan
Variance sought from requirement for landscaping and irrigation plan
Town Council Minutes October 13, 2015 Page 170 of 213Town Council Page 176 of 282 Meeting Date: November 10, 2015
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TREE REMOVAL REQUEST BY P&Z
Trees to be
removed are
oak trees 8”-
18”
Town Council Minutes October 13, 2015 Page 171 of 213Town Council Page 177 of 282 Meeting Date: November 10, 2015
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TREE REMOVAL REQUEST BY P&Z
Town Council Minutes October 13, 2015 Page 172 of 213Town Council Page 178 of 282 Meeting Date: November 10, 2015
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THANK YOU FOR YOUR CONSIDERATION
Questions?
Town Council Minutes October 13, 2015 Page 173 of 213Town Council Page 179 of 282 Meeting Date: November 10, 2015
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ATTACHMENT K
Ordinance No. 2015-23
Town Council Minutes October 13, 2015 Page 174 of 213Town Council Page 180 of 282 Meeting Date: November 10, 2015
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TOWN OF TROPHY CLUB
ORDINANCE NO. 2015-23
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ARTICLE IV ENTITLED "SIGN REGULATIONS", OF
CHAPTER 5 ENTITLED "GENERAL LAND USE" OF THE CODE OF
ORDINANCES AND ADOPTING A NEW ARTICLE IV "SIGN
REGULATIONS", OF CHAPTER 5 "GENERAL LAND USE" OF THE
TOWN OF TROPHY CLUB CODE OF ORDINANCES IN ORDER TO
REGULATE SIGNAGE WITHIN THE TOWN; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AN
AMENDMENT; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING SEVERABILITY;
PROVIDING THAT ANY PERSON WHO VIOLATES CHAPTER 5 OF
ARTICLE IV SHALL BE GUILTY OF A CLASS C MISDEMEANOR
PUNISHABLE BY A PENALTY NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000.00) PER VIOLATION AND THAT EACH DAY A
VIOLATION IS ALLOWED TO EXIST OR CONTINUES TO EXIST
SHALL BE A SEPARATE OFFENSE; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under
its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution; and
WHEREAS, due to changed circumstances the Town Council deems it in the
best interest of the Town of Trophy Club, Texas to repeal Article IV entitled "Sign
Regulations" of Chapter 5 entitled "General Land Use" of the Code of Ordinances and
adopt a new Article IV entitled "Sign Regulations" of Chapter 5 entitled "General Land
Use" of The Town of Trophy Club Code of Ordinances; and
WHEREAS, the Town is predominately a residential community, small portions of
which have been zoned for commercial and other non-residential uses. The protection
and preservation of the rights and values of privacy, aesthetics, and safety are of great
importance to the residents of the Town and substantially contribute to the special
ambiance, quality of life, and general welfare of the community. The property values in
the Town and the general welfare of its residents are enhanced by the maintenance of
the highest standards of privacy, aesthetics, and safety for the benefit of all its
residents; and
WHEREAS, the Town Council finds that the proliferation of an unlimited number
of signs in private, residential, commercial, non-residential, and public areas of the
Town would create ugliness, visual blight and clutter, tarnish the natural beauty of the
landscape as well as the residential and commercial architecture, impair property
Town Council Minutes October 13, 2015 Page 175 of 213Town Council Page 181 of 282 Meeting Date: November 10, 2015
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values, substantially impinge upon the privacy and special ambience of the community,
and may cause safety and traffic hazards to motorists, pedestrians, and children; and
WHEREAS, the Town Council wishes to allow speech and expression through
the medium of signs so long as the Town is protected against the proliferation of an
unlimited number of signs and unnecessarily large signs that would substantially
impinge upon the Town's interests in privacy, aesthetics, safety and adversely impact
the value of property owned by its residents; and
WHEREAS, the Town Council declares that the time, place, and manner of the
regulations of signs described in this Article are necessary to protect and preserve the
Town's aforesaid interests in privacy, aesthetics, safety, and property values
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 having been found by the Town Council to be true
and correct are incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01 Article IV entitled "Sign Regulations" of Chapter 5 entitled " General Land Use" of
the Code of Ordinances of the Town of Trophy Club is hereby repealed in its entirety
and a new Article IV entitled "Sign Regulations" of Chapter 5 entitled "General Land
Use" of the Code of Ordinances of the Town of Trophy Club is hereby adopted to be
and read in its entirety as follows:
Section Index
Section 4.00 Declaration, Purpose and Intent
Section 4.01 Definitions
Section 4.02 Permit Requirements
Section 4.03 General Standards
Section 4.04 Traffic Safety
Section 4.05 Political Signs
Section 4.06 Real Estate Signs - Limited Purpose On -Premise Signs
Section 4.07 Religious Institutional Signs
ORD 2015-23 Page 2 of 39
Town Council Minutes October 13, 2015 Page 176 of 213Town Council Page 182 of 282 Meeting Date: November 10, 2015
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Section 4.08 Temporary Signs
4.08 (A) Temporary Sign Regulations
4.08 (B) Banner Signs
4.08 (C) Special Purpose Signs for Special Events
Section 4.09 Permanent Commercial Signs and Institutional Signs
4.09 (A) General Regulations
4.09 (B) Illuminated Signs
4.09 (C) Miscellaneous Sign Regulations - Table
Section 4.10 Permissible Signs Not Requiring Permits
Section 4.11 Temporary Permits
Section 4.12 Non -Conforming Uses
Section 4. 13 Meritorious Exceptions and Appeals
Section 4. 14 Maintenance of Signs
Section 4.00 Declaration, Purpose and Intent
A. Declarations. The Town is predominately a residential community, small portions of
which have been zoned for commercial and other non-residential uses. The
protection and preservation of the rights and values of privacy, aesthetics, and
safety are of great importance to the residents of the Town and substantially
contribute to the special ambiance, quality of life, and general welfare of the
community. The property values in the Town and the general welfare of its residents
are enhanced by the maintenance of the highest standards of privacy, aesthetics,
and safety for the benefit of all its residents; therefore -
1 .
herefore:
1. It is hereby declared that the proliferation of an unlimited number of signs in
private, residential, commercial, non-residential, and public areas of the Town
would create ugliness, visual blight and clutter, tarnish the natural beauty of the
landscape as well as the residential and commercial architecture, impair property
values, substantially impinge upon the privacy and special ambience of the
community, and may cause safety and traffic hazards to motorists, pedestrians,
and children.
2. It is hereby declared that the Town wishes to allow speech and expression
through the medium of signs so long as the Town is protected against the
proliferation of an unlimited number of signs and unnecessarily large signs that
would substantially impinge upon the Town's interests in privacy, aesthetics,
safety and adversely impact the value of property owned by its residents.
3. It is hereby declared that the time, place, and manner of the regulation of signs
described in this Article are necessary to protect and preserve the Town's
aforesaid interests in privacy, aesthetics, safety, and property values.
ORD 2015-23 Page 3 of 39
Town Council Minutes October 13, 2015 Page 177 of 213Town Council Page 183 of 282 Meeting Date: November 10, 2015
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B. Purpose, Applicability and Intent.
1. The purpose of this Article is to provide reasonable regulations for the erection
and display of signs. These regulations are intended to promote the public
health, safety and general welfare through a comprehensive set of reasonable
standards and requirements which preserve the appearance of the Town.
2. These regulations are not intended to prohibit the erection or display of a sign
with a religious or political message, or any sign allowed or required by state or
federal law; provided that any such sign conforms to the size requirements and
other reasonable requirements of this Article.
3. The purpose of this Article is to protect those areas both within the corporate
limits and within the extraterritorial jurisdiction of the Town from visual clutter and
safety hazards resulting in driver distraction. The regulations contained in this
Article are applicable to the incorporated limits and the extraterritorial jurisdiction
of the Town.
Section 4.01 Definitions
Unless otherwise provided for herein, the following terms shall have the respective
meanings ascribed to them.
Awning: A roof -like structure, usually made of canvas, that serves as a shelter, as over
a storefront, window, door or deck. Also, an architectural projection that provides
weather protection, identity or decoration, and is supported by the building to which it is
attached.
Changeable Electronic Variable Message Sign (CEVMS): A sign which permits light
to be turned on or off intermittently or which is operated in a way whereby light is turned
on or off intermittently, including any illuminated sign on which such illumination is not
kept stationary or constant in intensity and color at all times when such sign is in use,
including light emitting diode (LED) or Electronic Message Board or digital sign, and
which varies in intensity or color. A CEVMS does not include a sign located within the
right-of-way that functions as a traffic control device and that is described and identified
in the Manual on Uniform Traffic Control Devices, as amended.
Designated Official: The Town Manager or his or her designee.
Dilapidated Or Deteriorated Condition: Any sign, which in the reasonable discretion
of the Designated Official, has any one or more of the following characteristics:
1. Where elements of the surface or background can be seen, as viewed from the
right-of-way, to have portions of the finished material or paint flaked, broken off,
or missing, or otherwise not in harmony with the rest of the surface; or
ORD 2015-23 Page 4 of 39
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2. Where the structural support or frame members are visibly bent, broken, dented,
or torn; or
3. Where the panel is visibly cracked, or in the case of wood and similar products,
splintered in such a way as to constitute an unsightly or harmful condition; or
4. Where the sign or its elements are twisted or leaning or at angles other than
those at which it was originally erected (such as may result from being blown or
by the failure of a structural support),
or
5. Where the message or wording can no longer be clearly read by a person with
normal eyesight under normal viewing conditions
Electronic Message Board: A sign with a fixed or changing display/message
composed of a series of lights that may be changed through electronic means. Signs
whose alphabetic, pictographic, or symbolic informational content can be changed or
altered on a fixed display screen composed of electrically illuminated segments.
The
term includes a Programmed Electronic Display.
Graffiti: Any marking, including, but not limited to, any inscription,
slogan, drawing,
painting, symbol, logo, name, character, or figure that is made in any manner on
tangible property.
1. A person who, under court order, is the guardian of the person of a minor; or
2. A public or private agency with whom a minor has been placed by a court.
Height of Signs: As applied to a sign, height shall be measured as the vertical distance
between the highest part of the sign or its supporting structure, whichever is higher, and
natural grade at the center of the base of the sign
Illumination, Direct: Lighting by means of an unshielded light source, including neon
tubing, strobes, etc., which is effectively visible as part of the sign, where the light
travels directly from the source to the viewers eye.
Illumination, Indirect: Lighting by means of a light source, not itself visible, which is
directed at a reflecting surface in such a way as to illuminate the sign, or a light source
which is primarily designed to illuminate the entire building facade upon which a sign is
displayed. Indirect illumination does not include lighting which is primarily used for
purposes other than sign illumination, e.g., parking lot lights or lights inside a building
which may silhouette a window sign but which are primarily installed to serve as inside
illumination.
Illumination, Internal: Lighting by means of a light source which is within a sign having
a translucent background, silhouetting opaque letters or designs, or which is within
letters or designs that are themselves made of a translucent material.
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Light Sources: Neon lights, fluorescent lights, incandescent lights, halogen lights and
any reflecting surface, which, because of its construction and/or placement becomes in
effect a source of light emission.
Logo: A design, registered trademark or insignia of an organization, individual,
company, or product which is commonly used in advertising to identify that organization,
individual, company or product.
Masonry: Formed concrete, concrete block, cinder block or similar material with facing
added to their exposed surface.
Median: A land mass, mostly covered by grass and/or other landscaping materials,
enclosed in concrete curbing placed between streets and roads separating opposing
traffic, or to the right of streets or roads separating streets or roads from one way, single
lane, slip road access to private real properties.
Minor: A person under 18 years of age who is not and has not been married or who has
not had his disabilities of minority removed for general purposes.
Owner: Any person with the legal or equitable right of possession to any property,
including without limitation, any person having custody or control over the property, or
his or her authorized agent or representative.
Parent: The mother, a man presumed to be the biological father or a man who has
been adjudicated to be the biological father by a court of competent jurisdiction, or an
adoptive mother or father, but does not include a parent as to whom the parent-child
relationship has been terminated.
Premises: Land, including any structures built upon it, building(s) or a part of a building.
Private Real Property: Land, within the corporate limits or extraterritorial jurisdiction of
the Town, that any person, firm, corporation, partnership, sole proprietorship,
Homeowners' Association or other private entity recognized in law, owns, leases,
claims, occupies or has supervision or control of, whether such real property is occupied
or unoccupied, improved or unimproved.
Programmed Electronic Display: Any display in which lamps are used to give
information such as, but not limited to, time, temperature, stock market data and which
may or may not be electronically programmed to deliver different messages.
Property: Any tangible personal or real property.
Raceway: A rectangular tube used for the purpose of enclosing electrical components
such as wiring, transformers, etc.
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Right -of -Way: A strip of land, the first eleven (11) feet as measured from the back of
curb, or, if no curb, the first eleven (11) feet measured from the edge of the roadway
pavement, including the adjacent area, used or intended to be used, wholly or in part,
as a public street, alley, crosswalk, sidewalk, drainage way or other public way.
Sign: Any device or surface on which letters, illustrations, designs, figures or symbols
are painted, printed, stamped, raised, projected or in any manner outlined or attached,
and used for advertising purposes; temporary mobile signs and private directional signs
shall be considered signs for purposes of this Article, regardless of the content of the
message or wording thereon.
Political signs, except as expressly provided herein,
mobile advertising, hand -carried signs, and vending machine signs shall not be
considered signs for purposes of this Article. Signs include but are not limited to the
following:
A-Frame/Sandwich Board Sign: A self supporting "A" shaped sign with two visible
sides that is situated on or adjacent to a sidewalk.
Apartment sign: A sign identifying an apartment building or complex of apartment
buildings.
Awning Sign: An awning displaying a business name or logo.
Bandit Sign: Handbills, lost and found notices, advertisement sheets, and/or
garage sale signs attached to a tree, utility pole, traffic pole, fence post or other
feature or structure that is not designed nor intended to be a part of the structure.
These do not include warning signs or other signs required by state law to be placed
on a utility pole, traffic pole or fence post.
Banner Sign: A Temporary advertising device composed primarily of cloth, paper,
fabric, or other similar non -rigid material, supported by wire, rope, or similar means;
it may also be attached to a building or other structure, and may be mounted
vertically or horizontally. Banner Signs also include Tear Drop Flags, Bow Flags,
and other similar types of signs.
Billboard Sign: An Off -Premise Sign consisting of any flat surface erected on a
framework or on any structure, or attached to posts and used, or designed to be
used for the display of bills, posters or other advertising material, for the purpose of
advertising a business or activity not located on the same premises as the said
advertising material. Mobile advertising, hand -carried signs, and political signs shall
not be considered a billboard for purposes of this Article.
Builder Sign: A Temporary On -Premise sign identifying the builder or general
contractor of a residential construction site.
Bulletin Board Sign: A permanent on-site sign providing public information to the
residential subdivision within which it is located.
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Business Sign: A permanent On -Premise sign that is used to identify a business,
profession, apartment complex, organization, institution, service, activity or other
nonresidential use conducted, sold or offered on the site where such sign is located.
This sign may also identify the name of the site or development or may identify the
occupants within the site or development.
Canopy Sign: A canopy sign is a sign painted or affixed to a roof -like structure that
shelters a use such as, but not restricted to, a gasoline pump island,
and is
supported by either one or more columns or by the building to which it is accessory
and is open on two or more sides.
Development Sign: A Temporary, On -Premise promotional sign pertaining to the
development of land or construction of buildings on the site where the sign is
erected. In residential districts, the intent of the sign shall be to promote a
subdivision and not any particular builder.
Directional Sign: A permanent On -Premise sign intended to aid in vehicular
movement on the site.
Directional Real Estate Sign: Off -Premises Sign, intended to direct persons to
premises offered for lease, rent, or sale, including but not limited to, "Open House"
and directional signs or sale.
Directory Sign: A sign listing the occupants within a shopping center, retail district,
office districts, and commercial sites located on the same premises.
Electronic Display Sign: Refer to "Programmed Electron Display".
Feather Flag: A Sign with or without characters, letters, illustrations, or
ornamentations applied to cloth, paper, flexible plastic, or fabric of any kind with only
such material for backing. Feather flags may be a single Sign or multiple Signs
attached to a support pole or post, typically have a 4:1 height to width ratio, and may
resemble a sail.
Fence Sign: A sign that is affixed or attached to a fence, whether permanent or
Temporary.
Flashing Sign: A sign, which contains an intermittent or flashing light source or
which includes the illusion of intermittent or flashing light by means of animation or
any externally mounted light source. Electronic display signs are not considered
flashing signs for the purpose of this Article.
Flag: A display on cloth or other flexible material generally attached on only one
side, usually used as a symbol of a government, school, or religion, and not
containing a commercial message.
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Government Sign: Signs, permanent or temporary, required by governmental
bodies or specifically authorized for a public purpose by any administrative policy or
guideline, Code or other law. Such Signs may also include traffic or similar
regulatory devices, legal notices, warnings at railroad crossings, and other
instructional, informative, or regulatory signs necessary to serve the general welfare,
health, and safety of the community.
Ground Sign: Any sign connected to the ground by legs, poles, or other supports
and which is not an attached, portable, monument, or vehicular sign.
Illegal Non -Conforming Sign: A sign which was in violation of any of the Codes of
the Town of Trophy Club governing the erection or construction of such a sign at the
time of its erection, and which has never been erected or displayed in conformance
with all duly enacted Codes, including but not limited to, signs which are pasted,
nailed, hung, painted or otherwise unlawfully displayed upon structures, utility poles,
posts, trees, fences or other structures.
Illuminated Sign: A sign that has characters, letters, figures, designs or outlines
illuminated by electrical lights, luminous tubes or other means.
Inflatable Sign: A Temporary hollow sign expanded or enlarged by the use of air or
gas.
Institutional Sign: A permanent on-site sign used to identify governmental and
municipal agencies, public/private schools, or similar public institutions, and used to
communicate messages of public importance to the general public.
Legal Non -Conforming Sign: A sign which was lawfully erected and maintained
prior to the enactment of the Sign Code and any amendments thereto, and which
does not conform to current applicable regulations and restrictions of the Sign Code.
Model Home Sign: A temporary sign, identifying a new home, either furnished or
unfurnished, as being the builder or contractors model open to the public for
inspection.
Monument Sign: A sign mounted on a solid base or pedestal with no visible space
between the sign and the base or pedestal. The sign is not mounted on visible
poles, struts, wires, or other visible structures. The sign base or pedestal shall be
constructed of masonry material.
Nameplate Sign: A sign that identifies only the name of an individual, firm, or
corporation, which is attached to a structure and may contain the suite number or
other directory information concerning the location of the individual, firm or
corporation within the building.
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Obsolete Leases Premises Sign: An On -Premise sign or sign structure that
previously was a legal sign, or a legal, non -conforming sign; however, it remains on
leased property after the second anniversary of the date the tenant ceases to
operate on the premises.
Obsolete Sign: An On -Premise sign or sign structure that previously was a legal
sign, or a legal, non -conforming sign; however, it remains on the property after the
first anniversary of the date the business, person or activity that the sign or sign
structure identifies or advertises ceases to operate on the premises on which the
sign or sign structure is located.
Off -Premise Sign: A sign located upon a Premises which directs attention to (a) to
goods; (b) to a business, commodity, service, or product; or (c) to an entertainment
location, other than the Premises upon which such sign is located.
Off -Premise Real Estate Sign: A sign located upon a Premises which directs
attention to the sale, lease, rental, or construction of a structure or a lot, other than
the Premises upon which such sign is located.
On -Premise Sign: A Sign which directs attention (a) to goods; (b) to a business,
commodity, service, or product; or (c) to an entertainment location, upon the
Premises where such sign is located.
On -Premise Real Estate Sign: A Sign which directs attention to the sale, lease,
rental, or construction of a structure or a lot, upon the Premises where such sign is
located.
Permanent Commercial Sign: A permanent On -Premises Sign advertising a
business.
Pole (or Pylon) Sign: Any free standing,
On -Premise sign supported from the
ground by upright structural and/or horizontal cross members.
Political Sign: A Temporary Sign that promotes a political issue or a candidate or
candidates for public office, including without limitation, a sign of any political party,
group, or idea that contains primarily a political message or other similar
noncommercial speech.
Portable Sign: A sign utilized by a government entity and that is not attached or
affixed to the ground, a building or other fixed structure or object. Portable signs
include those signs installed on mobile structures.
Projecting Sign: A sign, except an awning, which projects from a building, and has
one end attached to a building or other permanent structure, including but not limited
to, a marquee sign.
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Protective Sign: A sign that communicates a warning.
Real Estate Sign: A limited purpose On -Premise sign supported by upright and/or
horizontal cross structural members and which pertains to the sale, rental or lease of
the lot or tract of land on which the sign is located, or to the sale, rental or lease of
one or more structures, or a portion thereof located thereon.
Religious Sign: A sign containing a religious or other similar noncommercial
message.
Religious Institutional Sign: On -Premise Sign placed on property belonging to a
Church or other religious institution for purposes of conveying religious messages or
providing the public with other information related to the Church or religious
institution or other non-commercial purpose.
Rider sign: A supplemental sign attached to above or below Real Estate Sign, or
its sign post that provides limited but additional information pertaining to the
premises on which the Real Estate Sign is placed.
Roof Sign: Any sign supported by the roof of a building, painted on the roof or
eaves of a building, or placed above the apparent flat roof or eaves of a building as
viewed from any elevation.
Service Contractor Sign: An On -premises temporary sign identifying the
contractor(s) responsible for work.
Sign Walker: A person or animal, visible from the public Right -of -Way, wearing
lights, or wearing a costume, and/or holding, twirling, or wearing a sign, for any
purpose, including without limitation, making a statement, soliciting donations or
business, or drawing attention to a business, project, place or event.
Special Purpose Directional Sign: A temporary sign that is either On -Premise or
Off -Premise that provides location information, directs persons along a route, or
otherwise directs persons to a premises or location upon which a special event or
occurrence sponsored by a non-profit, civic, or other organization to which a Special
Event Permit has been issued by the Town.
Special Purpose Sign: A temporary sign that is either On -Premise or Off -Premise
that provides identification or information pertaining to a special event or occurrence
sponsored by a non-profit, civic, or other organization to which a Special Event
Permit has been issued by the Town.
Structurally Alter Sign: To change the form, shape or size of an existing sign or
any supportive or bracing elements of said sign excluding temporary embellishments
on a changeable copy sign.
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Structurally Repair Sign: The reconstruction or renewal of any part of the
supportive or bracing elements of an existing sign.
Temporary Pole Sign: A free standing, On -Premise sign displayed for a temporary
period of time as provided in this Article and supported from the ground up by
upright structural members.
Temporary Sign: A sign which includes, but is not limited to, a sign, banner,
pennant, flag, searchlight, inflatable, outside display of merchandise or similar
device which is to be displayed for a limited period of time.
Vehicle Mounted Sign: Any sign, not including bumper stickers, on or in a vehicle
moving along the ground or on any vehicle parked temporarily, incidental to its
principal use for transportation. This definition shall not include signs which are
being transported to a site of permanent erection or lettering of a company vehicle
that advertises only the company name and address, or Temporary Signs (with an
area of less than 3 square feet) attached to vehicles which may be removed daily.
Wall Sign: A sign attached or affixed parallel or flat to an exterior wall surface of a
building.
Wind Device Sign: A pennant, streamer, inflatable balloon or similar device made
of cloth, canvas, plastic, or other similar flexible material, with or without a frame or
other supporting structure, and used as a sign.
Window Sign: A sign painted on or permanently affixed to a window or window area
or any sign located on the internal and/or external surface of the window, or is
located within two inches (2") of the window, of any establishment.
Sign Permit: A permit issued under the authority of the Town to erect, move,
structurally alter or structurally repair any specific billboard, sign or other outdoor
advertising within the corporate limits of the Town.
Sign Structure: Any portion of an advertising device, inclusive of its supports, or any
device solely designed for carrying an advertising message.
Vision Triangle: An area of visibility on a street corner, including within the Right -Of -
Way, allowing for safe operation of vehicles, pedestrians and cyclists in the proximity of
intersecting streets, sidewalks and bicycle paths. At a minimum, the area of the triangle
shall be determined as follows: extending straight lines from the nearest point at which
the paved area of the two streets intersect to a point on the edge of each of the
intersecting streets that is 25 feet from the point of beginning.
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Section 4.02 Permit Requirements
A. Except as expressly provided herein, no sign shall be erected, placed, displayed or
located without first obtaining a sign permit from the Town.
1. Application for Permit: Application for a permit for a permanent sign shall be
made in writing upon forms furnished by the Designated Official authorized so
designated to do so by the Town Manager.
The application for a sign permit shall contain the following information:
a. Applicant's name, address and telephone number.
b. Name, address and telephone number of the Owner of the property on which
the sign is to be located.
c. Name, address and telephone number of the lessee the sign is to benefit, if
applicable.
d. Name, address and telephone number of the person/contractor erecting the
sign.
e. Name, address and telephone number of the electrical subcontractor, if
applicable.
f. Type of sign and use classification
g. Scaled Site Plan Showing:
i. The location of the building, structure or tract to which or upon which the
sign is to be attached or erected,
ii. The position of the sign in relation to nearby structures or other signs, and
iii. Dimensions of setbacks, building lines, distances between the sign and
streets and property lines.
iv. Scaled drawings of the signs including height, width, area, design, text
and logo.
h. The Designated Official may require the filing of additional plans or pertinent
information which, in the Official's opinion, are necessary to ensure
compliance with this Article.
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2. Termination of Permit: A sign permit may be terminated in accordance with the
following provisions:
a. A permit shall be active for the life of the Sign, as long as it is in compliance
with this Article.
b. A permit shall expire if the sign for which it has been issued has not been
constructed within ninety (90) days from the date of issuance.
c. A permit issued for any sign including its supporting structure shall
automatically expire in the event the sign shall fail inspection and such failure
is not corrected within sixty (60) days.
d. The Designated Official may suspend or revoke any permit whenever it is
determined that the permit has been issued in error or on the basis of
incorrect or false information supplied, or whenever such permit was issued in
violation of the Sign Code, any other Code of the Town, the laws of the State
of Texas or the federal government. Such revocation shall be effective when
communicated in writing to the person to whom the permit is issued or the
Owner of the sign or the Owner of the premises on which the sign is located.
Any sign for which a permit has been revoked shall be immediately removed
by the person in control of the sign or premises upon which the sign is located
within fifteen (15) business days of the receipt of the written notice of
revocation.
e. Any person may appeal the revocation of the sign permit by filing written
notice of the intention to appeal with the Planning Official no more than ten
10) business days after the receipt of written notice of the revocation. The
appeal will be forwarded to the Planning & Zoning Commission for review.
The Commission shall forward a recommendation to the Town Council for
final determination. The decision of the Town Council shall be final.
3. Permit Fees
A Sign permit fee shall be paid to the Town in accordance with the most current
fee schedule adopted by the Town.
Section 4.03 General Standards
A. Height of Signs
Sign height shall be measured as the vertical distance between the highest part of
the sign or its supporting structure, whichever is higher, and natural grade at the
center of the base of the sign.
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B. Building and Electrical Codes Applicable
All signs must conform to the regulations and design standards of the Building Code,
UL standards and other Codes of the Town. Wiring of all electrical signs must
conform to the current Electric Code of the Town.
C. Illuminated Signs
Signs with external lighting shall be down -lighted. The light source shall be fully
shielded such that it cannot be seen from the property line of the site on which the
sign is located. Although the light cast from the source may be visible at the
property line of an abutting residential property, any spillover light at the abutting
residential property line shall not exceed 0.02 foot-candle of luminance. Neon signs
shall be permitted by meritorious exception as provided for in Section 4.13 -
Meritorious Exceptions & Appeals.
D. The following provisions shall apply to all areas and zoning districts of the Town:
1. Governmental Signs
Nothing in this Article shall be construed to prevent the display of a national or
state flag, or to limit flags, insignias, legal notices, or informational, directional or
traffic signs which are legally required or necessary to the essential functions of
government agencies (State, Federal, and the Town of Trophy Club only). Stop
signs and street signs placed within the Town shall conform to the design
specified in the Town's Subdivision Regulations and other standards adopted by
the Town. Temporary Government Signs may be utilized by any governmental
agency and shall meet the requirements of Section 4.08(E) in addition to other
applicable requirements of this Article.
2. Addresses
Address numerals and other signs required to be maintained by law or
governmental order, rule or regulation are allowed, provided that the content and
size of the sign do not exceed the requirements of such law, order, rule or
regulation.
3. The occupant of a premise may erect not more than two (2) protective signs in
accordance with the following provisions:
a. Each sign must not exceed one (1) square foot in effective area;
b. Detached signs must not exceed two (2) feet in height; and
c. Letters must not exceed four (4) inches in height.
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4. Temporary holiday decorations are permitted
5. Vehicular signs are prohibited except as specifically allowed by this Article;
however, vehicular signs shall be allowed on construction trailers, on
construction sites, on transport vehicles being loaded or unloaded, and on
passenger vehicles parked at the Owner's or user's place of residence or
business.
E. Billboard Signs — CEVMS
Pursuant to Section 4.09 (C) - Miscellaneous Sign Regulations, Billboard Signs are
not allowed within the Town or its extraterritorial jurisdiction unless specifically
authorized by the Town Council upon recommendation of the Town Planning and
Zoning Commission. The erection of new CEVMS Billboard Signs or the modification
or conversion of existing Billboard Signs into CEVMS within the Town limits and the
extraterritorial jurisdiction of the Town is hereby expressly prohibited.
F. CEVMS or Electronic Message Board Signs
For CEVMS or Signs with Electronic Message Boards, other than Billboard Signs,
the approval of Town Council upon recommendation of the Town Planning and
Zoning Commission is required to convert any existing sign into or to construct any
new sign as a CEVMS or to construct any existing sign into or to convert any new
sign into a sign with an Electronic Message Board.
G. Exempt Banner Signs.
Banner Signs not used for commercial purposes, when located wholly on Private
Real Property, shall not be considered Signs for the purposes of this Article and are
therefore exempt from its regulations.
Section 4.04 Traffic Safety
A. Conflicts with Public Signs
No sign shall be erected or maintained at any location where by reason of its
position, size, shape or color, it may obstruct, impair, obscure, interfere with the view
of, or be confused with any traffic control sign, signal or device, or where it may
interfere with, mislead or confuse traffic.
B. Sight Visibility Restriction
No sign shall be located in any Vision Triangle as defined in Section 4.01 -
Definitions.
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Section 4.05 Political Signs
1. Duration:
All Political signs meeting the requirements of this Article, shall only be erected or
maintained in a location allowed under this Article for a maximum period of sixty
60) days before the Signs must be replaced or removed as required by this
Article. Political Signs shall be kept in good repair and proper state of
preservation during the entire time that they are erected. Political Signs
advertising an event, election, function or activity shall be removed within three
3) days following the date of such event, election, function or activity. Failure to
remove such Signs within the three (3) day period shall give the Designated
Official the authority to remove such Signs without notice.
2. Town Owned/ Leased Property - Medians/Right-of-Way/Highway 114
Except for Political Signs placed on the public Right of Way portion of either
residentially or non -residentially zoned Private Real Property with the permission
of the property Owner, and meeting the requirements of Section 4.05(A)(5) or
Section 4.05(A)(6), as applicable, no Political Sign shall be erected or placed on
Town owned or leased Property, including without limitation, the Median and
Right -of -Way. Town Right -of -Way includes the Right -of -Way within the Town's
corporate limits along State Highway 114. Notwithstanding the foregoing,
Political Signs allowed pursuant to a Special Event Permit or as otherwise
expressly authorized by this Article shall be allowed on Town owned or leased
Property in accordance with the terms of an approved Special Event Permit.
3. Town Owned/ Leased Property — Sign Walkers with Political Signs
Sign Walkers with Political Signs shall be prohibited upon all Town owned
Property, including without limitation, public Medians and public Right -of -Way.
4. Safety Hazard Prohibited
Political Signs shall not be installed in any manner that may result in a potential
safety hazard of any type, including, but not limited to placement in any Town
Right -of -Way and/ or within in a Vision Triangle.
5. Private Real Property - Non -Residential Zoning
No Political Sign shall be erected or placed on Private Real Property zoned for
non-residential use, including but not limited to vacant lots or tracts, unless the
property Owner or other person having custody or control over the property upon
which such Sign is placed or his or her authorized agent or representative has
given written permission and such documentation is provided to the Town
Secretary, or designee, at least one (1) business day prior to the placement of
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the Sign on the property. Such written permission filed with the Town shall only
be valid until December 31 of the year in which it was submitted. Political Signs
for which permission has been authorized shall comply with all applicable
requirements of this Article. The property Owner may remove and discard any
such signs placed on the property without permission.
6. Private Real Property - Residential Zoning
No Political Sign shall be erected or placed on Private Real Property zoned for
residential use, including but not limited to property owned by a Homeowners'
Association, unless the property Owner has given verbal or written permission.
Political Signs for which permission has been authorized shall comply with all
applicable requirements of this Article. The property Owner may remove and
discard any such signs placed on the property without permission.
7. Number, Size and Placement
A Political Sign shall not exceed thirty-six (36) square feet in area nor exceed
eight fee (8') in height, as measured from the ground. A Political Sign may not be
illuminated or have any moving elements. No more than one (1) of such signs
for each political candidate and two (2) of such signs per issue on the election
ballot shall be erected on any parcel of land. As used in this section "parcel"
shall mean a piece of land having fixed boundaries, whether those boundaries
are fixed by plat or by metes and bounds.
The front and back surface of a Political Sign shall constitute one (1) sign. For
signs with three (3) or more surfaces, each surface shall constitute a separate
sign for purposes of size requirements. Signs with three (3) or more surfaces are
prohibited on residentially zoned parcels of land.
In the event that the number of Political Signs upon a lot or property exceeds the
total number permitted by this Article, the Political Signs in excess of the number
permitted shall be deemed to be in violation of this Article.
8. Removal
The Designated Official shall have the authority to immediately remove signs in
violation of this Article and shall hold the Signs for five (5) calendar days for
disposal. Additionally, any Political Sign placed, erected, or maintained in
violation of this Article may be removed by the Owner of the Property upon which
the sign has been placed without prior notice of any kind.
9. Vehicle Mounted Political Signs
A Political Sign which is mounted or placed on any trailer or vehicle and which is
not permanently affixed to the trailer or vehicle is permitted. A vehicle with such
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a sign may be parked on a public street in accordance with the Town's parking
regulations. For purposes of this paragraph, a Political Sign otherwise required
by this Article to be supported by the ground is not required to be supported by
the ground if it is mounted or placed on a trailer or vehicle in accordance with this
section.
10. Exemption from Permit/Regulations
Political Signs shall not require a sign permit, and except as regulated by this
Section, are exempt from the remainder of the regulations contained in this
Article.
11. Zoning Districts
Political Signs complying with the requirements of this Article shall be allowed in
all zoning districts of the Town.
12. Illumination
Political signs shall not be illuminated and shall comply with all other
requirements of this Article.
Section 4.06 Real Estate Signs - Limited Purpose On -Premise Signs
Real Estate Signs are authorized as a limited purpose On -Premise Sign for Private Real
Property zoned for residential and non-residential use as well as Town owned property
and may be erected, in addition to permanent signage, in accordance with this section:
1. Duration:
All Real Estate Signs meeting the requirements of this Article, shall be
maintained in good condition and shall be removed within three (3) days
following the sale, lease or rental of the property upon which they are located.
Failure to remove such signs within the three (3) day period shall give the
Designated Official the authority to remove such signs without notice.
2. Town Owned/ Leased Property- Medians/Right-of-Way/Highway 114.
No Real Estate Sign shall be erected or placed on Town owned or leased
property, including without limitation, in a public Median or a public Right -of -Way.
Any real estate sign so erected or placed upon Town owned or leased property
may be removed by the Designated Official without notice.
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3. Open House Signs.
Only On -Premise "Open House" Signs shall be allowed. Such signs shall not be
placed in a Vision Triangle. In the event that any such Sign is not in compliance,
the Designated Official of the Town may remove the Sign without prior notice.
Signs shall not be permitted to be within any Median or Right -of -Way in the
Town.
4. Town Owned/Leased Property - Sign Walkers with Real Estate Signs
Sign Walkers with Real Estate Signs shall be prohibited upon all Town owned
Property, including without limitation, public Medians and public Right -of -Way.
5. Safety Hazard Prohibited
Real Estate Signs shall not be installed in any manner that may result in a
potential safety hazard of any type, including but not limited to placement in any
Town Right -of -Way and/or within in a Vision Triangle.
6. General Regulations Private Real Property - Residential and Non -Residential
Zoning
No Real Estate Sign shall be erected or placed on Private Real Property zoned
for either residential or non-residential use, including but not limited to vacant lots
or tracts, unless the property Owner has given verbal or written permission. Only
On -Premise Real Estate Signs meeting the requirements of this Article shall be
allowed. Real Estate signs shall not be illuminated and shall comply with all
other requirements of this Article. Riders may be attached to Real Estate Signs
as allowed by this Article. Real Estate Signs for which permission has been
authorized shall comply with all applicable requirements of this Article. The
property Owner may remove and discard any such signs placed on the property
without permission.
7. Directional Real Estate Signs.
Except as specifically allowed for Special Events, Off Premise Directional Signs
for Real Estate or Open House purposes shall not be allowed within the Town.
8. Number, Size, and Location
A Real Estate Sign shall contain no more than two (2) sides and shall not exceed
six (6) square feet of text area on each side, including any riders. Signs larger
than six (6) square feet of text area shall be considered as being Permanent
Commercial Signs or Institutional Signs and shall be subject to Section 4.09 -
Permanent Commercial Signs and Institutional Signs of this Article.
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The maximum height of such Signs or sign post vertical member shall not exceed
six (6) feet, as measured from the ground.
On all lots other than golf course lots, Real Estate Signs shall be limited to one
1) advertising sign and one (1) "Open House" sign per lot. On lots adjoining a
golf course, one (1) additional Real Estate advertising Sign may be placed to
face the golf course. One (1) Rider may be placed on each Real Estate Sign
allowed by this section.
9. Removal
The Designated Official shall have the authority to immediately remove Signs in
violation of this Article and shall hold the Signs for five (5) calendar days for
disposal. Additionally, any Real Estate placed, erected, or maintained in violation
of this Article may be removed by the Owner of the Property upon which the Sign
has been placed without prior notice of any kind.
10. Vehicle Mounted Real Estate Signs
A Real Estate Sign which is mounted or placed on any trailer or vehicle and
which is not permanently affixed to the trailer or vehicle is permitted. A vehicle
with such a Sign may be parked on a public street in accordance with the Town's
parking regulations. For purposes of this paragraph, a Real Estate Sign
otherwise required by this Article to be supported by the ground is not required to
be supported by the ground if it is mounted or placed on a trailer or vehicle in
accordance with this section.
11. Exemption from Permit/Regulations
Real Estate Signs shall not require a sign permit, and except as regulated by this
Section, are exempt from the remainder of the regulations contained in this
Article.
12. Zoning Districts
Real Estate Signs complying with the requirements of this Article shall be allowed
in all zoning districts of the Town.
13. Illumination
Real Estate signs shall not be illuminated and shall comply with all other
requirements of this Article.
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Section 4.07 Religious Institutional Signs
Religious Institutional Signs shall not contain any commercial message.
1. Zoning Districts
Religious Institutional Signs complying with the requirements of this Article shall
be allowed in all zoning districts of the Town.
Section 4.08 Temporary Signs
A. Temporary Sign Regulations
Except as specifically provided in this Section or in Section 4.05 Political Signs,
Section 4.06 Real Estate Signs - Limited Purposes On -Premise Signs, or Section
4.07 Religious Institutional Signs, the following regulations shall apply to all
Temporary Signs as identified herein, including but not limited to Banner Signs,
Builder Signs, Development Signs, Inflatable Signs, Model Home Signs, Service
Contractor Signs, and Special Purpose Directional (Special Event Permit Only)
Signs.
1. Duration:
All Temporary Signs meeting the requirements of this Article, shall only be
erected or maintained in a location allowed under this Article for a maximum
period of sixty (60) days before the signs must be replaced or removed as
required by this Article. Temporary Signs shall be kept in good repair and proper
state of preservation during the entire time that they are erected. Temporary
Signs advertising an event, election, function or activity shall be removed within
three (3) days following the date of such event, election, function or activity.
Failure to remove such signs within the three (3) day period shall give the
Designated Official the authority to remove such signs without notice.
2. Town Owned/Leased Property - Medians/Right-of-Way/Highway 114
Except for Temporary Signs placed on the public Right of Way portion of either
residentially or non -residentially zoned Private Real Property with the permission
of the property Owner, and meeting the requirements of Section 4.05(A)(5) or
Section 4.05(A)(6), as applicable, no Temporary Sign shall be erected or placed
on Town owned or leased Property, including without limitation, the Median and
Right -of -Way. Town Right -of -Way includes the Right -of -Way within the Town's
corporate limits along State Highway 114. Notwithstanding the foregoing,
Temporary Signs allowed pursuant to a Special Event Permit or as otherwise
expressly authorized by this Article shall be allowed on Town owned or leased
Property in accordance with the terms of an approved Special Event Permit or
specific provision of this Article.
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3. Town Owned/Leased Property — Sign Walkers with Temporary Signs
Sign Walkers with Temporary Signs shall be prohibited upon all Town owned
Property, including without limitation, public Medians and public Right -of -Way.
4. Safety Hazard Prohibited
Temporary Signs shall not be installed in any manner that may result in a
potential safety hazard of any type, including, but not limited to placement in any
Town Right -of -Way and/or within in a Vision Triangle.
5. Private Real Property - Non -Residential Zoning
No Temporary Sign shall be erected or placed on Private Real Property zoned
for non-residential use, including but not limited to vacant lots or tracts, unless
the property Owner upon which such sign is placed has given written permission
and such documentation is provided to the Town Secretary, or designee, at least
one (1) business day prior to the placement of the sign on the property. Written
permission shall be valid for one (1) calendar year from the date upon which
permission is provided. Temporary Signs for which permission has been
authorized shall comply with all applicable requirements of this Article.
6. Private Real Property - Residential Zoning
No Temporary Sign shall be erected or placed on Private Real Property zoned
for residential use, including but not limited to property owned by a Homeowners'
Association, unless the property Owner, has given verbal or written permission.
The Owner may remove and discard any such Signs placed on the property in
violation of this Section without prior notice. Temporary Signs for which
permission has been authorized shall comply with all applicable requirements of
this Article.
7. Number, Size and Placement
A Temporary Sign shall not exceed the maximum height and size limitations as
set forth in this Article, including without limitation, Section 4.09(C) Miscellaneous
Signs Regulations — Table, of this Article. No more than one (1) of such Signs
shall be erected on any parcel of land unless expressly authorized for the Sign
type in Section 4.09(C). As used in this section "parcel" shall mean a piece of
land having fixed boundaries, whether those boundaries are fixed by plat or by
metes and bounds.
The front and back surface of a Temporary Sign shall constitute one (1) sign. For
signs with three (3) or more surfaces, each surface shall constitute a separate
sign for purposes of size requirements. Signs with three (3) or more surfaces are
prohibited on residentially zoned parcels of land.
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In the event that the number of Temporary Signs upon a lot or property exceeds
the total number permitted by this Article, the Signs in excess of the number
permitted shall be deemed to be in violation of this Article. For non -residentially
zoned districts, the Designated Official shall have the authority to immediately
remove the Signs and shall hold the signs for five (5) calendar days for disposal.
8. Removal
Any Temporary Sign placed, erected, or maintained in violation of this Article
may be removed by the Designated Official, property Owner without prior notice
of any kind.
9. Vehicle Mounted Temporary Signs
A Temporary Sign which is mounted or placed on any trailer or vehicle and which
is not permanently affixed to the trailer or vehicle is permitted. A vehicle with
such a Sign may be parked on a public street in accordance with the Town's
parking regulations. For purposes of this paragraph, a Temporary Sign
otherwise required by this Article to be supported by the ground is not required to
be supported by the ground if it is mounted or placed on a trailer or vehicle in
accordance with this section.
10. Exemption from Permit/Regulations
Temporary Signs shall not require a Sign permit unless specifically required by
this Article or by the Schedule of Fees adopted by the Town.
11. Zoning Districts
Temporary Signs shall only be allowed in those zoning districts designated for
the specific Sign type in accordance with Section 4.09(C) Miscellaneous Signs
Regulations — Table, of this Article.
B. Banner Signs
1. Number, Size and Placement
Only one (1) Banner Sign per premises or lease space shall be allowed. The
size of such Sign shall be no more than thirty-six (36) square feet per premise or
lease space. Display of Banner Signs shall comply with the requirements of
Section 4.08(B)(2) of this Article and shall be allowed no more than two (2) times
annually.
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2. Duration
Banner Signs shall be permitted for no more than thirty (30) consecutive days.
At least ninety (90) days shall lapse between the end of the first period of display
and the beginning of the second period of display.
3. Zoning Districts
Banner signs shall only be allowed in non-residential zoning districts.
C. Special Purpose Signs for Special Events
Special Purpose Signs complying with the provisions of this Section shall be allowed
in conjunction with Special Events provided that a Special Event Permit issued
pursuant to Article XV of Chapter 10 of the Code of Ordinance has been obtained for
the Event. Special Purpose Signs may be posted for Events that are expressly
exempt from the Requirements of Article XV of Chapter 10 provided however that all
such signs shall comply with the requirements of this Section and other applicable
provisions of the Sign Ordinance.
1. Number, Size and Placement
a. Banner Signs. One (1) Banner, not to exceed fifty (50) square feet, shall be
allowed on the Special Event site. Placement of the Banner shall be subject
to the requirements of the Special Event Permit or the approval of the
Community Development Director when a Special Event Permit is not
required. A Banner shall not be strung between trees, but shall be securely
attached to a building, or securely strung between two (2) temporary poles.
b. Special Purpose Signs - Special Event Permit. Special Purpose Signs,
including without limitation, Directional Signs and Directional Real Estate
Signs, shall only be allowed for Special Events pursuant to a Special Event
Permit. Except as specifically allowed for in this Section, Directional Signs
shall not be allowed within the Town. In addition to the requirement to obtain
a Special Event Permit, prior to the placement of a Special Purpose Sign, any
person or entity placing such a sign shall also have received authorization or
approval for such placement from the Owner of the property upon which such
sign is placed, and shall comply with applicable notification requirements set
forth in this Article.
D. Duration
Special Purpose Signs authorized by this Section in accordance with a valid
Special Event Permit shall be allowed up to fourteen (14) days prior to the date of
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the Event. All signage shall be removed within twenty-four (24) hours following
the conclusion of the Event.
E. Temporary Government Signs
Temporary Government Signs may include those signs of any government
agency, including agencies other than the State Government, Federal
Government or Town of Trophy Club, and may be placed for a limited time to
provide time specific, seasonal, or other necessary public service or regulatory
information to the community. These Signs shall require a Temporary Permit
and shall otherwise comply with all requirements of this Article, including without
limitation, all regulations governing Temporary Signs.
Section 4.09 Permanent Commercial and Institutional Signs
A. General Regulations. Permanent Commercial Signs and Institutional Signs shall
include the following sign types and shall be subject to the following provisions:
1. On -Premise Signs (Monument and Wall)
Signs in areas zoned for Non -Residential purposes shall be On -Premises signs.
2. Maximum Gross Surface Area
The face of each sign shall not exceed the gross surface area as outlined below.
3. Monument signs shall not exceed ten feet (10') in height.
4. No commercial sign shall be allowed which is painted on the wall of any building
or on any part of a building.
5. Signs owned, constructed and used by the Town to provide information, direction
and enforcement shall be exempt from these requirements.
6. Wall signs shall be centered horizontally on the store frontage for a tenant's
space. The maximum copy height shall not exceed two feet (2'), six inches (6").
The minimum copy height shall be one foot (1'), two inches (2"). The mounted
copy depth shall be five inches (Y). Wall signs shall not project more than
twelve inches from the wall surface.
B. Illumination of Signs
a. Internally lit, individual aluminum channel letters shall have a 1/8" Plexiglas
front. The raceway shall be painted to match the surface upon which it is
mounted.
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b. The raceway shall allow appropriate internal reinforcing and adequate service
access for all hardware. No wiring, angle iron or other supports shall be
exposed. The raceway shall contain all transformers and wiring for the
letters.
c. Illuminated signs which are visible through the window of a tenant's space
shall be set back a minimum of two (2") inches from the face of the window.
The distance shall be measured from the front surface of the sign to the face
of the window. If the front surface contains letters or other symbols that
project outward, then the distance shall be measured from that point.
C. Miscellaneous Sign Regulations - Table
The following table entitled "Signage Criteria" contains regulations applicable to the
Sign types listed below. No person shall construct, allow, maintain or allow the
construction or maintenance of sign in violation of any of the regulations provided
below:
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Maximum Maximum Maximum Zoning Permanent/
DurationSignTypeNumberSize & Height District Temporary
A-Frame/Sandwich
Board Prohibited
Apartment 1 per entry 50 sq ft/ Life of Residential Permanent
Permit
Awning Prohibited
Bandit Prohibited
Banner, Feather Flag, 1 per premise or 36 sq ft. N/A 30 days Non- Temporary
Tear Drop Flag, Wind lease space no Residential
Device, Bow Flag more than 2 times
annually
Billboard Along property To be determined by the Town Non- Permanent
which abuts State Council upon recommendation Residential
Highway 114 of the Planning & Zoning
Commission
Builder/Contractor 2 per premise 6 sq ft 4 ft Removed All Districts Temporary
upon sale,
lease, rental
Bulletin Board To be determined by the Town Council upon Residential Permanent
recommendation of the Planning & Zoning
Commission
Canopy 25 sq ft or 10% of the face of the canopy Life of Non- Permanent
of which it is a part of or to which it is Structure Residential
attached, whichever is greater
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Maximum Maximum Maximum Zoning Permanent/
Sign Type Number Size & Height Duration District Temporary
Contractor Service No limit provided 6 sq ft 4 ft 14 Days All Districts Temporary
total combined sq after
footage does not completion
exceed 6 sq ft of service
CEVMS 1 per premise with 50 sq. 4 ft. Life of All Districts Permanent
approval of the ft. Permit
Town Council
upon
recommendation
of the Planning
and Zoning
Commission; Not
allowed on
Billboards
Development 1 per 32 sq ft 5 ft Residential: All Districts Temporary
project/premise 90% of all
lots/houses
sold
Commercial:
Completion
of Project
Directional 6 sq ft 3 ft Life of All Districts Permanent
Permit
Directional Temporary Prohibited except as allowed with a Special Event Permit Temporary
Real Estate
Directory 1 per premise To be determined by the Town Non- Permanent
Council upon recommendation Residential
of the Planning & Zoning
Commission
Electronic Message 1 per premise with 50 sq. ft, 4 ft Life of Permit All Districts Permanent
Boards approval of the
Town Council
upon
recommendation
of the Planning
and Zoning
Commission; Not
allowed on
Billboards
Fence Prohibited
Flashing Prohibited
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Maximum MaximumMax4Height Zoning Permanent/
Sign Type Number SizDuration District Temporary
Government Permanent No limit — As No limit - No limit All Districts Permanent
Required As As — As
Required Required Required
Government Temporary Restricted Temporary
Ground 1 per 16 sq 4 ft Life of All Districts Permanent
entry/premise ft Permit
Illuminated 1 per premise 50 sq Life of Non- Permanent
ft Permit Residential
Inflatable 1 per premise To be determined by the Town All Districts Temporary
Council upon recommendation
of the Planning & Zoning
Commission
Institutional 1 per 50 sq
4 ft Life of Non- Permanent
entry/premise ft Permit Residential
Model Home 1 per Model 16 sq 4 ft Removed Residential Temporary
Home ft upon sale, Districts
lease, rental
Monument 1 per 50 sq 10 ft Life of All Districts Permanent
entry/premise ft Permit
Nameplate 1 per lease space 2 sq ft 1 ft Life of Non- Permanent
Permit Residential
Off -Premise Prohibited
Political 36 sq 8 ft 60 days All Districts Temporary
ft
Portable Restricted
Projecting Prohibited
Protective 2 per premise 1 sq ft 2 ft Life of All Districts Temporary or
structure Permanent
Real Estate Restricted
Rider Allowed with Real Estate Sign
Roof Prohibited
Special Purpose 1 pre premise/lot 6 sq ft 4 ft 14 days All Districts Temporary
prior/24 hr
following
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Section 4.10 Permissible Signs Not Requiring Permits
A. The following Signs shall be subject to all limitations and provisions provided in this
Article, and shall not require a sign permit. These exceptions shall not be construed
as relieving the Owner of the sign from the responsibilities of its erection,
maintenance, and its compliance with the provisions of this Article or any other law
or code regarding the same:
1. Changeable Copy
The changing of advertising copy or message on a painted or printed sign, or the
changing of advertising copy or message on a changeable reader board
specifically designed for use of replaceable copy, not to include Programmed
Electronic Display.
2. Holiday Decorations
Signs or materials displayed in a temporary manner during traditional, civic,
patriotic or religious holidays.
3. Internal Signs
Signs visible only from the premises on which located or visible from off the
premises only through a window or windows from which they are set back.
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Maximum Maximum Maximum Zoning Permanent/
Sign Type Number Size & Height District TemporaryDuration
Temporary Pole 1 per premise/lot 32 sq ft 5 ft 1 year from All Districts Temporary
temporary
permit
issuance
Wall 1 per lease space 40 sq ft or the Life of Non- Permanent
product of 2 Permit Residential
times the lineal
width of the wall,
whichever
greater. Shall
not exceed 75%
of the width or
the height of the
available wall
area or store
frontage for a
tenant's space
Window No limit provided total combined sq Life of Non- Permanent
footage does not exceed 25% of the Permit Residential
visible window area available in the
absence of any signs
Section 4.10 Permissible Signs Not Requiring Permits
A. The following Signs shall be subject to all limitations and provisions provided in this
Article, and shall not require a sign permit. These exceptions shall not be construed
as relieving the Owner of the sign from the responsibilities of its erection,
maintenance, and its compliance with the provisions of this Article or any other law
or code regarding the same:
1. Changeable Copy
The changing of advertising copy or message on a painted or printed sign, or the
changing of advertising copy or message on a changeable reader board
specifically designed for use of replaceable copy, not to include Programmed
Electronic Display.
2. Holiday Decorations
Signs or materials displayed in a temporary manner during traditional, civic,
patriotic or religious holidays.
3. Internal Signs
Signs visible only from the premises on which located or visible from off the
premises only through a window or windows from which they are set back.
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4. Memorial Signs
Markers, plates, plaques, etc., when deemed an integral part of a structure,
building or landscape.
5. National and/or State Flag
Display of flags is allowed.
6. Vehicle Mounted Signs
Except as otherwise regulated herein, Signs located on motor vehicles or trailers
bearing current license plates and inspection stickers, when appropriate, which
are traveling or lawfully parked upon public roadways or lawfully parked upon any
other premises for a period not to exceed four (4) hours or for a longer period
where the primary purpose of such parking is not the display of any sign.
7. Other Signs as specifically identified herein.
Section 4.11 Temporary Permits
The Designated Official of the Town of Trophy Club upon application from an individual
or company may grant Temporary Permits or Waivers to hang Banners and/or Signs for
Commercial purposes or Temporary Government Signs as set forth in Section 4.08 —
Temporary Signs, of this Article. Signs approved by the Designated Official as meeting
the criteria necessary to satisfy the provisions found in Section 4.08 — Temporary Signs,
of this Article may be displayed on a temporary basis not exceeding a six (6) week
period. The length of the temporary permit will be at the discretion of the Designated
Official, not exceeding the maximum six (6) week period at the discretion of the
Designated Official, unless good cause is shown by the Permit Applicant that public
interest or necessity requires a longer period for the Temporary Permit . The
Designated Official may extend the Temporary Permit for four (4) additional consecutive
thirty (30) day periods provided that each extension shall be at the Designated Official.
At the time of expiration of the Temporary Permit or Waiver, it shall be the responsibility
of the applicant to remove the Banner or Sign. The application process for a temporary
permit or waiver shall be governed by the same guidelines as set forth in Section 4.02 —
Permit Requirements, herein. A permit for a Temporary Pole Sign may be issued for an
initial period not to exceed one (1) year. An applicant may request one (1) additional
renewal for a period up to one (1) year. Such renewal may, within the discretion of the
Designated Official, be granted if the Sign is in good and sound condition and meets the
requirements of this Article. Appeals of decisions of the Designated Official under this
Section shall be allowed under Section 4.13 Meritorious Exceptions and Appeals.
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Section 4.12 Non -Conforming Uses
A. Any existing Sign that does not conform to the regulations stated herein shall be
deemed a nonconforming sign and shall be subject to the provisions of Section 4.14
Maintenance of Signs of this Article. It is the declared purpose of this Section that
nonconforming Signs and Signs directing attention to nonconforming uses eventually
discontinue and the signage comply with the regulations stated herein, having due
regard for the investment in such signs.
B. The Designated Official, after ten (10) days written notice to the Owner of the
premises on which the Sign is located, shall have the authority to remove any
nonconforming sign which either:
1. Was not permanently affixed to the ground on the effective date of this Article, or
2. Was erected in violation of this Article or other Town Code in effect at the time of
its erection.
C. The Town Council may order nonconforming signs to be removed upon and subject
to compliance with Chapter 216, Texas Local Government Code, as amended,
provided that the Signs:
1. Are not permanently affixed to the ground on the effective date of this Article,
2. Were erected in conformity with this Article and/or other Town Codes in effect at
the time of their erection, and
3. Remain in place after six (6) months from the effective date of this Article.
D. An Owner of any lawfully existing nonconforming use or building may erect and
maintain a Sign in accordance with the regulations contained herein.
E. Moving, Relocating, or Altering of Signs
No nonconforming sign shall be moved, altered, removed and reinstalled, or
replaced unless it is brought into compliance with the requirements of this Article.
F. Change in Use or Occupant of a Structure
Any nonconforming sign may continue to be utilized as long as the occupancy within
the structure remains the same. When a use changes from one occupancy category
to another, or when there is a change in occupant, all signs serving that occupant,
shall be brought into conformance with the provisions of this Article.
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Section 4. 13 Meritorious Exceptions and Appeals
A. In the development of these criteria, a primary objective has been ensuring against
the kind of signage that has led to low visual quality. On the other hand, another
primary objective has been the guarding against signage over -control.
B. It is not the intention of these criteria to discourage innovation. It is entirely
conceivable that signage proposals could be made that, while clearly nonconforming
to this Article and thus not allowable under these criteria, have obvious merit in not
only being appropriate to the particular site or location, but also in making a positive
contribution, to the visual environment.
Upon request of an interested party, the Town Council, upon recommendation by the
Planning and Zoning Commission, shall hear consider a request for a meritorious
exception under this Section.
C. In order to determine the suitability of alternate materials and methods of
construction and to provide for reasonable interpretation of the provisions of this
Article, the Town Council shall hear appeals with respect to any actions of the
Designated Official in the interpretation and enforcement of this Article. Any such
appeal shall be brought, by written application filed by an interested party, to the
Designated Official within ten (10) days after the action of the Designated Official
which is the subject of the appeal. Enforcement of this Article shall be stayed
pending such appeal. In hearing such appeals, the Planning and Zoning
Commission shall review the determination of the Designated Official and, in doing
so, may consider whether or not the regulations and standards of this Article will, by
reason of exceptional circumstances or surroundings, constitute a practical difficulty
or unnecessary hardship. The Planning and Zoning Commission shall forward a
recommendation to the Town Council, who shall act on the subject of the appeal. A
decision of the Council shall be final.
D. Unique signs that demonstrate increased quality and standards but do not meet the
dimension standards provided in this section may be permitted by means of
meritorious exception" as provided in Section 4.13 — Meritorious Exception and
Appeals.
Section 4.14 Maintenance of Signs
A. Maintenance
Each Sign allowed by this Article shall be maintained in a safe, presentable, and
good condition, including the replacement of defective parts and other acts required
for the maintenance of such sign, without altering the basic copy, design or structure
of the sign. The Building Official shall require compliance or removal of any Sign
determined by the Building Official to be in violation of this section in accordance
with the enforcement provisions set forth below.
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B. Dilapidated or Deteriorated Signs
No person shall maintain or permit to be maintained on any premises owned or
controlled by him or her any sign which is in a dilapidated or deteriorated condition
as defined herein. Upon notice of violation, any such Sign shall be promptly
removed or repaired by the owner of the Sign or the Owner of the premises upon
which the sign is located in accordance with the enforcement provisions set forth
below.
Section 4.15 Violations
A. A person shall be responsible for a violation of this Article if the person is:
1. The permit holder, owner, agent, or person(s) having the beneficial use of the
sign,
2. The Owner of the land or structure on which the sign is located; or
3. The person in charge of erecting the sign.
B. It shall be unlawful for any person to erect, replace, alter, or relocate any Sign within
the Town of Trophy Club, or cause the same to be done, without first obtaining a
permit to do so from the Building Official of the Town of Trophy Club, except as
expressly allowed by by this Article.
C. It shall be unlawful for any person to use, maintain, or otherwise allow the continued
existence of any sign for which the required permit was not obtained.
D. It shall be unlawful for any person to install, construct, or display a prohibited sign,
as defined herein, or any sign in violation of the provisions of this Article within the
Town of Trophy Club or its extraterritorial jurisdiction.
E. It shall be unlawful for any person to intentionally, knowingly or recklessly violate any
term or provision of this Article.
Section 4.16 Enforcement
A. Authority
The Designated Official is hereby authorized to order the repair or removal of any
dilapidated, deteriorated, abandoned, illegal or prohibited signs from property within
the corporate Town limits of Trophy Club or its extraterritorial jurisdiction, in
accordance with the enforcement mechanisms set forth in this section.
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B. Notice of Violation
When the Designated Official determines that a Sign located within the corporate
Town limits or extraterritorial jurisdiction of Trophy Club is dilapidated, deteriorated,
illegal, prohibited or abandoned, he shall issue a notice of violation to the Owner of
the Sign or to the owner, occupant, or person in control of the property on which the
sign is located.
1. Contents of Notice of Violation: The notice of violation shall contain:
a. Name of the owner, occupant, manager or other person in control of the
property.
b. Street address sufficient to identify the property on which the alleged violation
occurred.
c. Description of alleged violations and reference to the provisions of this Article
that have been violated.
d. Statement of the action required to correct the violation and a deadline for
completing the corrective action.
e. Statement that failure to take the corrective action within the time specified
may result in one or both of the following consequences.-
i.
onsequences:
i. A criminal penalty not exceeding the maximum amount allowed by law for
each violation,
ii. The Town filing a civil action against owner seeking injunctive relief and/or
civil penalties up to One Thousand Dollars ($1,000) per day for each
violation.
f. Statement informing recipient of their right to appeal the decision of the
Designated Official.
2. Service of Notice of Violation
The Designated Official shall serve a written notice of violation on the Owner of
the sign, or the Owner, occupant, or person in control of the property on which
the sign is located. The notice of violation should be served by either hand -
delivery or by certified mail, return receipt requested. Service by certified mail
shall be effective three (3) days after the date of mailing.
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Section 4.17 Enforcement Remedies
A. Criminal Penalties
Any person, firm or corporation violating any of the provisions or terms of this Article
shall be deemed guilty of a misdemeanor, and upon conviction thereof, be subject to
a fine not exceeding Two Thousand Dollars ($2,000) for each offense, and each and
every day or portion thereof that such violation shall continue shall constitute a
separate offense.
B. Civil Remedies
The Town may file a civil action in State District Court to enforce the requirements of
this Article, seeking injunctive relief and/or civil penalties up to One Thousand
Dollars ($1,000) per day for each offense as authorized by the Texas Local
Government Code, as amended, or any other applicable law.
C. Emergency Removal of Sign
The Town may remove a Sign,
immediate and imminent threat to
deteriorated or structural condition.
D. Remedies Cumulative
which the Designated Official finds to be an
the public safety because of its dilapidated,
All remedies authorized under this Article are cumulative of all others unless
otherwise expressly provided. Accordingly, the filing of a criminal action shall not
preclude the pursuit of a civil or administrative action for violation of this Article nor
shall the filing of a civil action preclude the pursuit of any other action or remedy,
administrative or criminal."
Section 4.18 Prohibition
A. All signs not specifically authorized by this Article shall be prohibited. The following
list is illustrative and is not intended to be an exhaustive listing of prohibited signs:
1. Obsolete Signs
No person shall erect or allow to be displayed upon premises owned or
controlled by them, an obsolete sign.
2. Obstructing Signs
No person shall erect or allow to be displayed upon premises owned or
controlled by them, a sign that prevents free ingress to or egress from any door,
window or fire escape.
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3. Signs displaying materials determined to be obscene by a court of law.
4. Signs placed in any location which by reason of their location will obstruct the
view of any authorized traffic sign, signal, or other traffic control device by
vehicular or pedestrian traffic. No sign shall be erected which, by reason of
shape, color, size, design or position, would be reasonably likely to create
confusion with, to be confused as, or to interfere with any traffic signal or device
which is authorized by the appropriate state or local governmental authorities.
Further, no sign shall be placed in a location that will obstruct vision of a vehicle
operator while entering, exiting, or traveling upon the public right-of-way,
including without limitation, a Vision Triangle.
5. Signs placed so as to prevent or inhibit free ingress to or egress from any door,
window, or any exit way required by the Building Code of the Town of Trophy
Club or by Fire Department regulations.
6. A -frame and sandwich board signs.
7. Signs located on public property, including but not limited to signs attached to
any public utility pole or structure, street light, tree, fence, fire hydrant, bridge,
curb, sidewalk, park bench, or other location on public property.
8. Roof Signs.
9. Signs attached to a standpipe or fire escape.
10. Bandit Signs
11. Awning Signs
12. Fence Signs
13. Flashing Signs
14. Off -Premise (except as expressly allowed in this Article)
15. Projecting Signs
16. No person shall attach any sign, paper or other material, or paint, stencil or write
any name, number (except house numbers) or otherwise mark on any sidewalk,
curb, gutter, street, utility pole, public building, or structure except as otherwise
allowed by this Article."
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SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal
any of the provisions of such Ordinances except for those instances where there are
direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in
force at the time this Ordinance shall take effect and that are inconsistent with this
Ordinance are hereby repealed to the extent that they are inconsistent with this
Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to such Ordinance on the date of
adoption of this Ordinance shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall remain in full force and effect.
SECTION 4.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved as to
any and all violations of the provisions of any Ordinances that have accrued at the time
of the effective date of this Ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in court or not, under such
Ordinances, same shall not be affected by this Ordinance but may be prosecuted until
final disposition by the courts.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
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
2,000.00), and a separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues. The penalty provided herein shall be
cumulative of all other remedies available for enforcement of the provisions of this
Ordinance.
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SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of
the Texas Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in the Ordinance records of the Town and to properly record
this Ordinance in accordance with the Town Charter
SECTION 9.
EFFECTIVE DATE
That this Ordinance shall be in full force and 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 13th day of October, 2015.
z_
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
SEAL]
ATTEST: y
I , r Q <
FTolly Fimbrds, Town Secretary'
Town of Trophy Club, Texas
APPROVED AS TO FORM:
r WC I
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
ORD 2015-23 Page 39 of 39
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0721-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:10/30/2015 Town Council
On agenda:Final action:11/10/2015
Title:Consider and take appropriate action regarding an Agreement between the Town of Trophy Club and
Blue Emergency Services Team Emergency Medical Services (BEST EMS) for Medical Director for
operations in Emergency Medical Services; and authorizing the Mayor or his designee to execute all
necessary documents.
Attachments:Staff Report - Medical Director Agreement.pdf
Fire Department EMS Medical Director Agreement.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an Agreement between the Town of Trophy Club and Blue Emergency
Services Team Emergency Medical Services (BEST EMS) for Medical Director for operations in Emergency Medical
Services; and authorizing the Mayor or his designee to execute all necessary documents.
Town Council Page 220 of 282 Meeting Date: November 10, 2015
To: Mayor and Town Council
From: Danny Thomas, Fire Chief
CC: Stephen Seidel, Town Manager
Holly Fimbres, Town Secretary
Re: Medical Director Agreement
Town Council Meeting, November 10, 2015
Agenda Item:
Consider and take appropriate action regarding an Agreement between the Town of Trophy Club and
Blue Emergency Services Team Emergency Medical Services (BEST EMS) for Medical Director for
operations in Emergency Medical Services; and authorizing the Mayor or his designee to execute all
necessary documents.
Explanation:
This Agreement is for Medical control and direction. It is the mission of BEST EMS Medical Control to
provide quality medical direction and facilitate superior emergency medical care and transportation for
the citizens of our community.
Attachments:
• Fire Department EMS Medical Director Agreement
Recommendation:
Staff recommends Council approve this Agreement for Medical Control and Direction using the services
of BEST EMS.
Budget impact:
Impact of $12,750; this funding is programmed in the EMS budget, medical Control for FY 2015 -2016.
Page 1 of 1
Town Council Page 221 of 282 Meeting Date: November 10, 2015
MEDICAL DIRECTOR AGREEMENT
Town of Trophy Club Fire Department EMS Medical Director Agreement 10/01/2015
Confidential and Proprietary
THIS AGREEMENT is made between the Town of
Trophy Club (“Agency”) and BEST EMS (the
“Company”) set out on the signature page of this
Agreement. This Agreement is effective as of
October 1, 2015 (“Effective Date”).
WHEREAS, the Company employs or contracts with
physicians who are duly qualified and licensed to
practice medicine in the state and has approved one of
its physicians to act as a medical director for the
Agency;
WHEREAS, the Company’s physician has expertise
in the field of medicine, emergency medical services,
emergency medical services oversight and
administration;
WHEREAS, Agency provides emergency medical
services (“EMS”), non-emergency medical services,
mobile healthcare and other related services and
desires to obtain the services of a medical director;
WHEREAS, the Company is willing to provide the
services of a medical director to Agency for its
operations in Emergency Medical Services;
NOW THEREFORE, in consideration of the
foregoing and for other good and valuable
consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties incorporate the
above recitals and agree as follows:
1. Company Services. The Company shall provide
a physician to serve as the Medical Director
(“Medical Director”) for Agency. As of the
Effective Date, the Medical Director will be
Justin Northeim, D.O. Company will have the
right, however, to appoint any other physician as
the Medical Director in place of Justin Northeim,
D.O. in the event Justin Northeim, D.O. leaves
the Company or otherwise ceases to serve as
Medical Director. The physician at any time
serving as the Medical Director must be
reasonably acceptable to Agency and must meet
the following requirements who will fulfill the
following services to Agency:
a. Provide comprehensive medical oversight
(direct and indirect) for clinical services
delivered by Agency’s personnel. Medical
Director shall participate in the implementation
of clinically sound, evidence-based expectations
for the system;
b. Provide medical oversight and guidance for
Agency’s quality leadership activities through
serving as a liaison between Agency and the
local medical community, collaborating with
local designated quality organizations and/or
committees to define quality standards, identify
metrics, review performance data, identify
opportunities for improvement, test new
processes, and ultimately to adopt best practices.
c. Review quality improvement and
performance reports, provided by Agency and
identify opportunities for improvement in
patient care or system design and collaborate
with all appropriate entities to develop an
improvement program.;
d. Review recorded medical oversight, control
or direction conversations (if available) to assure
appropriate clinical care and decision making by
all entities.
e. Review and respond to requests to review
high priority clinical cases within twenty-four
(24) hours of being notified;
f. Make or direct the making of such reports
and records relating to patient care as may be
required by Agency and/or regulatory bodies,
whether public or private;
g. Develop criteria for establishment and
maintenance of credentials for Agency’s
emergency medical services personnel;
h. Direct, coordinate, and/or participate in
initial, ongoing and remedial education of
emergency medical services personnel in
accordance with Agency’s policies;
i. Instruct and inform Agency management
and governmental boards or agencies to
summarily limit, suspend, or withdraw clinical
credentials of personnel;
j. Advise and assist in the organization in
implementation of an effective utilization review
program for Agency and perform utilization
review services;
k. Assist in the design and development of
protocols, guidelines, patient information forms,
medical record forms, and consent forms for use
in the field or for Agency purposes;
l. Undertake activities, as reasonably
requested by Agency, including but not limited
to professional contacts with physicians,
healthcare systems, public health agencies,
health plans paramedic associations, nursing
associations, governmental agencies, and state
and local medical societies in order to apprise
such individuals and groups of the nature and
availability of facilities and services of Agency
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Town of Trophy Club Fire Department EMS Medical Director Agreement 10/01/2015
Confidential and Proprietary 2
and facilitate the exchange of information on
patient care, administration, medical policy, and
utilization review;
m. Actively participate in the professional
development of all staff in Agency and
collaborate in communicating medical
competency and expertise to the medical
community and general public. Give technical
advice and assistance as may be requested to
facilitate the evaluation, acquisition,
implementation and utilization of medical
equipment, expansion of Agency services, as
well as general strategic planning and
collaborative efforts with other healthcare
systems;
n. Authorize, supervise and approve the
purchase of necessary medications for pre-
hospital use by Agency in accordance with the
full scope of practice. Company acknowledges
and agrees that controlled medications are
specifically included within the definition of
medications covered by this agreement and
Medical Director will be responsible for
approving all local implementation plans for the
ordering, distribution and handling of controlled
substances (to include oversight and sign-off on
all controlled substance records and logs in a
timely manner) consistent with local, state &
federal requirements. Medical Director shall
maintain all appropriate state and federal
permits, registrations or licenses necessary to
prescribe controlled substances;
o. Fulfill all Medical Director Functions
including protocol development, education and
performance review associated with the
operation of any Agency communications
centers within the area;
p. Fulfill all Medical Director Functions
associated with the operation of any Agency
Inter-facility, Specialty, Mobile Integrated
Healthcare or Critical Care Transport
operations;
q. Perform any other functions associated with
the role of a medical director as may be
requested by Agency;
r. Participate in all required activities
associated with local and/or national
accreditation processes;
s. Participate in sanctioned appropriately
research activities.
2. Time Commitment. The Medical Director shall
be expected to be available to provide the above
duties. The Company shall establish appropriate
contact information to assure 24/7 availability of
physician consultation (including designation of
specific hospital based physicians or designated
base-station contacts authorized to provide direct
medical control).
3. Compensation. As payment for the services
rendered by Company and Medical Director,
Agency shall pay to Company the amount
$4,950.00 annually, paid by quarterly payments
in the amount of $1,237.50, due the 1st of
October, January, April and July. Agency will
make payment to Company within thirty (30)
days of receipt of invoice. Payment should be
made payable to BEST EMS and mailed to BEST
EMS, Attn: Nestor Zenarosa, 13737 Noel Rd.,
Suite 1600, Dallas, TX 75240.
4. Term. The term of this Agreement shall
commence on the Effective Date and shall be for
two (2) years. This Agreement shall
automatically renew for subsequent one-year
periods thereafter, subject to the termination
rights herein. All subsequent renewals shall be re-
evaluated annually for consideration of revisions
to the compensation and/or terms herein. The
initial term and all renewal periods shall be
cumulatively referred to as the “Term”.
5. Termination. This agreement may be terminated
prior to the expiration of its Term as follows:
a. Immediately by Agency upon the
suspension, revocation or restriction of Medical
Director’s license to practice medicine or
dispense medications unless Company provides
a replacement Medical Director, with Agency’s
approval;
b. Immediately by Agency if it determines in
its reasonable discretion that continued
provision of services by the Company and/or
Medical Director will jeopardize health or
safety; or
c. With or without cause by either party by
providing written notice of intent to terminate.
Such termination shall become effective and the
agreement shall be terminated in its entirety on
the 30th calendar day following receipt of the
written notice of terms herein described.
6. Relationship. In the performance of services
under this Agreement, Company, Medical
Director and Agency shall at all times be acting
and performing as independent contractors.
Nothing contained herein shall be deemed or
construed to create any agency, partnership, joint
venture, or employer-employee relationship
between Company, Medical Director and/or
Agency. Agency shall not have direct supervision
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Town of Trophy Club Fire Department EMS Medical Director Agreement 10/01/2015
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over the manner in which Medical Director
performs medical direction services pursuant to
this Agreement. Agency shall not be responsible
for the payment of any applicable taxes or
withholdings related to Company’s or Medical
Director’s services. Agency and Company agree
that all services provided hereunder shall be
provided in accordance with the terms and
conditions of standard medical protocols in the
state where the services are provided.
7. Right to Engage in Other Activities. Except
where a conflict of interest may exist (e.g.,
working for a competitor of Agency or working
for a governmental agency involved in oversight
of the designated Agency emergency medical
services), nothing contained herein shall be
deemed to restrict or prevent Company or
Medical Director from engaging in consultation
services or in any other business at such times,
places, and in such manner as Company shall
determine in its discretion during the Term of this
Agreement and thereafter so long as Company is
able to carry out the provisions of this
Agreement.
8. Standard of Care. Medical Director shall render
services in compliance with the accepted medical
standard of care in the community and
profession.
9. Compliance with Laws. The parties will
comply in all material respects with all applicable
federal and state laws and regulations including,
the federal Anti-kickback statute. Company and
Medical Director shall also maintain all licenses,
certifications or accreditations necessary to
provide Services hereunder.
10. Maintenance of Records. As applicable, each
party will retain books and records respecting
services rendered to patients for the time periods
required under all applicable laws (including the
requirements of the Secretary of Health and
Human Services (“HHS”)) and allow access to
such books and records by duly authorized agents
of the Secretary of HHS, the Comptroller General
and others to the extent required by law. Run
reports and patient care records shall be
maintained in accordance with the requirements
of Agency and Company and shall be treated as
confidential so as to comply with all federal and
state laws and regulations regarding the
confidentiality of patient records. Each of the
parties shall have the right to obtain copies of
relevant portions of patient records maintained by
the other party to the extent necessary to defend
against legal actions taken against such party or
its physicians or employees involved in the care
of a patient.
11. Insurance. Company’s professional liability
insurance covers Medical Director for services
that are provided under this Agreement.
12. Indemnity. Each party will indemnify and hold
the other harmless from and against liability
claims resulting from or alleged to result from
any negligence or willful misconduct.
13. HIPAA. Each party shall comply with the
privacy provisions of the Health Insurance
Portability and Accountability Act of 1996 and
the regulations thereunder (“HIPAA”), and with
such other requirements of HIPAA that may
become effective during the Term. All patient
medical records shall be treated as confidential so
as to comply with all state and federal laws. The
parties shall execute the Business Associate
Agreement attached as Exhibit “A”.
14. Notices. Any notice required or permitted by this
Agreement shall be in writing and shall be
delivered as follows, with notice deemed given as
indicated: (a) by personal delivery, when
delivered personally; (b) by overnight courier,
upon written verification of receipt; (c) by
facsimile transmission, upon acknowledgment of
receipt of electronic transmission; or (d) by
certified or registered mail, return receipt
requested, upon verification of receipt. Notice
shall be sent to the following addresses:
If to Agency:
Town of Trophy Club
Attn: C. Nick Sanders, Mayor
100 Municipal Dr.
Trophy Club, TX 76262
If to Company:
BEST EMS
Attn: Nestor Zenarosa, M.D.
13737 Noel Rd, Suite 1600
Dallas, TX 75240
With Mandatory Copy to:
Legal Department
Envision Healthcare Corporation
6200 South Syracuse Way, Suite 200
Greenwood Village, Colorado 80111
15. Confidentiality. All information with
respect to the operations and business of a party
(including the rates charged hereunder) and any
other information considered to be and treated as
confidential by that party gained during the
negotiation or Term of this Agreement will be
held in confidence by the other party and will not
be divulged to any unauthorized person without
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Town of Trophy Club Fire Department EMS Medical Director Agreement 10/01/2015
Confidential and Proprietary 4
prior written consent of the other party, except
for access required by law, regulation and third
party reimbursement agreements.
16. Non-Exclusion. Each party represents and
certifies that neither it nor any practitioner who
orders or provide Services on its behalf hereunder
has been convicted of any conduct that
constitutes grounds for mandatory exclusion as
identified in 42 U.S.C.§ 1320a-7(a). Each party
further represents and certifies that it is not
ineligible to participate in Federal health care
programs or in any other state or federal
government payment program. Each party agrees
that if DHHS/OIG excludes it, or any of its
practitioners or employees who order or provide
Services, from participation in Federal health
care programs, the party must notify the other
party within five (5) days of knowledge of such
fact, and the other party may immediately
terminate this Agreement, unless the excluded
party is a practitioner or employee who
immediately discontinues ordering or providing
Services hereunder.
17. Miscellaneous. This Agreement (including the
Schedules hereto): (a) constitutes the entire
agreement between the parties with respect to the
subject matter hereof, superseding all prior oral
or written agreements with respect thereto; (b)
may be amended only by written instrument
executed by both parties; (c) may not be assigned
by either party without the written consent of the
other party, such consent not to be unreasonably
withheld; (d) shall be binding on and inure to the
benefit of the parties hereto and their respective
successors and permitted assigns; (e) shall be
interpreted and enforced in accordance with the
laws of the state where the services are rendered,
without regard to the conflict of laws provisions
thereof, and the federal laws of the United States
applicable therein; (f) this Agreement may be
executed in several counterparts (including by
facsimile), each of which shall constitute an
original and all of which, when taken together,
shall constitute one agreement; and (g) this
Agreement shall not be effective until executed
by both parties. In the event of a disagreement
between this Agreement and any Schedule
hereto, the terms of this Agreement shall govern.
IN WITNESS WHEREOF, the parties have hereto
executed this Agreement.
TOWN OF TROPHY CLUB
By:________________________________________
C. Nick Sanders, Mayor
Date: ______________________________________
BEST EMS
By:________________________________________
Nestor Zenarosa, M.D., Attorney in Fact
Date: ______________________________________
Town Council Page 225 of 282 Meeting Date: November 10, 2015
BUSINESS ASSOCIATE AGREEMENT
Town of Trophy Club Fire Department Business Associate Agreement 10/01/2015 5
THIS AGREEMENT is made between Town of Trophy
Club (“Covered Entity”) and the BEST EMS (the
“Business Associate”). This Agreement is entered into
effective October 1, 2015.
BACKGROUND
Covered Entity and Business Associate have entered into a
medical director agreement (“Services Agreement”) dated
October 1, 2015 pursuant to which Business Associate
arranges for the provision of services to Covered Entity.
This Business Associate Agreement is intended as a
supplement to the Services Agreement for the purpose of
meeting the requirements of the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) for
the treatment of Protected Health Information, as defined
herein, that may be disclosed by Covered Entity to
Business Associate.
1. Definitions
Terms used, but not otherwise defined, in this
Agreement shall have the same meaning as given those
terms in 45 CFR 160 and 164 HIPAA Regulations; a the
Health Information Technology for Economic and Clinical
Health (HITECH) Act of 2009 and its implementing
regulations.
“Business Associate” is a person or entity that
arranges, performs, or assists in performing services on
behalf of Covered Entity and creates, receives, maintains,
or transmits protected health information for a function or
activity regulated under 45 CFR 160 and 164 HIPAA
Regulations and HITECH and its implementing regulations
including any services defined under 45 CFR 160.103 as
amended;
“Protected Health Information” (“PHI”) means
information that is: (i) created or received by a Health Care
Provider, Health Plan, employer, or Health Care
Clearinghouse; (ii) relates to the past, present, or future
physical or mental health or condition of an individual; the
provision of Health Care to an individual; or the past,
present, or future Payment for the provision of Health Care
to an individual; (iii) that identifies the individual or with
respect to which there is a reasonable basis to believe the
information can be used to identify the individual.
2. Obligations and Activities of Business
Associate
(a) Business Associate agrees not to use or
disclose PHI other than as permitted or required by this
Agreement or as Required by Law. In addition, the uses,
disclosures or requests for PHI described herein shall be, to
the extent practicable, limited to a Limited Data Set or the
minimum necessary to accomplish the intended purpose of
such use, disclosure or request. Further, Business Associate
shall not use or disclose PHI in any manner that would
constitute a violation of the HIPAA regulations or the
HITECH Act if so used by Covered Entity.
(b) Business Associate agrees to use
appropriate safeguards to prevent use or disclosure of the
PHI other than as provided for by this Agreement.
(c) Business Associate agrees to mitigate,
to the extent practicable, any harmful effect that is known
to Business Associate of a use or disclosure of PHI by
Business Associate in violation of the requirements of this
Agreement.
(d) Business Associate agrees to report to
Covered Entity any use or disclosure of the PHI not
provided for by this Agreement of which it becomes aware.
(e) Business Associate agrees to ensure
that any agent, including a subcontractor, to whom it
provides PHI received from, or created or received by
Business Associate on behalf of Covered Entity, agrees in
writing to the same restrictions and conditions that apply
through this Agreement to Business Associate with respect
to such information.
(f) Business Associate agrees to provide
access, within 10 (ten) days, to PHI in a Designated Record
Set, to Covered Entity or, as directed by Covered Entity, to
an Individual in order to meet the requirements under 45
CFR 164.524.
(g) Within ten (10) days of a request from
Covered Entity, Business Associate agrees to make any
amendment(s) to PHI in a Designated Record Set that the
Covered Entity directs or agrees to pursuant to 45 CFR
164.526 at the request of Covered Entity or an Individual., .
(h) Business Associate agrees to make
internal practices, books, and records, including policies
and procedures and PHI, relating to the use and disclosure
of PHI received from, or created or received by Business
Associate on behalf of, Covered Entity available to the
Covered Entity, or to the Secretary, in a timely manner or
as designated by the Secretary, for purposes of the
Secretary determining Covered Entity's compliance with
the Privacy Rule.
(i) Business Associate agrees to document
such disclosures of PHI and information related to such
disclosures as would be required for Covered Entity to
respond to a request by an Individual for an accounting of
disclosures of PHI in accordance with 45 CFR 164.528.
(j) Business Associate agrees to provide to
Covered Entity or an Individual, within ten (10) days of a
request, information collected in accordance with Section 2
(i) of this Agreement, to permit Covered Entity to respond
Town Council Page 226 of 282 Meeting Date: November 10, 2015
BUSINESS ASSOCIATE AGREEMENT
Town of Trophy Club Fire Department Business Associate Agreement 10/01/2015 6
to a request by an Individual for an accounting of
disclosures of PHI in accordance with 45 CFR 164.528.
(k) Business Associate agrees to establish
and maintain appropriate administrative, physical and
technical safeguards that reasonably and appropriately
protected the confidentiality, integrity and availability of
electronic PHI. Business Associate will follow generally
accepted system security principles and the requirements of
the final HIPAA rule pertaining to the security of health
information (“the Security Rule”, published at 45 CFR
Parts 160 – 164), and be in compliance with all
requirements of the HITECH Act related to security and
applicable as if Business Associate were a “covered entity,”
as such term is defined in HIPAA.
(l) Business Associate agrees to ensure
that any agent, including a subcontractor, to whom it
provides electronic PHI agrees, in writing, to implement
reasonable and appropriate safeguards to protect that
information.
(m) Business Associate agrees to report any
security breach of which it becomes aware to Covered
Entity without unreasonable delay, but no later than 30
days after discovery of the breach. For purposes of this
agreement, a “security breach” means the attempted or
successful unauthorized access, use, disclosure,
modification, or destruction of information or interference
with system operations. Further, this includes a breach of
unsecured PHI as defined by the implementing regulations
of the HITECH Act as of their effective date.. This does
not include trivial security incidents that occur on a daily
basis, such as scans, “pings”, or unsuccessful attempts to
penetrate computer networks or servers maintained by
Business Associate.
3. Prohibited Use and Disclosure
(a) Except as otherwise described herein,
the Business Associate agrees not to use or disclose any
patient information for any purpose other than a purpose
expressly approved by Covered Entity. The Business
Associate understands that it is not authorized to disclose
any information related to patient information to anyone
outside Covered Entity, unless otherwise expressly
approved by Covered Entity. Business Associate shall not
receive any direct or indirect remuneration for PHI except
as would be permitted by this Agreement and 45 CFR 160
and 164 HIPAA Regulations and HITECH and its
implementing regulations. Business Associate understands
it is subject to all civil and criminal penalties for violations
of the Privacy Rule and Security Rule.
4. Specific Use and Disclosure Provisions
(a) Except as otherwise limited in this
Agreement, Business Associate may use PHI for the proper
management and administration of the Business Associate
or to carry out the legal responsibilities of the Business
Associate.
(b) Except as otherwise limited in this
Agreement, Business Associate may disclose PHI for the
proper management and administration of the Business
Associate, provided that disclosures are required by law, or
Business Associate obtains reasonable assurances from the
person to whom the information is disclosed that it will
remain confidential and used or further disclosed only as
required by law or for the purpose for which it was
disclosed to the person, and the person notifies the Business
Associate of any instances of which it is aware in which the
confidentiality of the information has been breached.
(c) Except as otherwise limited in this
Agreement, Business Associate may use PHI to provide
Data Aggregation services to Covered Entity as permitted
by 42 CFR 164.504(e)(2)(i)(B).
(d) Business Associate may use PHI to
report violations of law to appropriate Federal and State
authorities consistent with § 164.502(j) (1) and 164.504(e).
5. Obligations of Covered Entity
(a) Covered Entity shall notify Business
Associate of any limitations in its notice of privacy
practices of Covered Entity in accordance with 45 CFR
164.520, to the extent that such limitation may affect
Business Associate’s use or disclosure of PHI.
(b) Covered Entity shall notify Business
Associate of any changes in, or revocation of, permission
by Individual to use or disclose PHI, to the extent that such
changes may affect Business Associate's use or disclosure
of PHI.
(c) Covered Entity shall notify Business
Associate of any restriction to the use or disclosure of PHI
that Covered Entity has agreed to in accordance with 45
CFR 164.522 to the extent that such restriction may affect
Business Associate’s use or disclosure of PHI.
6. Permissible Requests by Covered Entity
Covered Entity shall not request Business
Associate to use or disclose PHI in any manner that would
not be permissible under the Privacy Rule if done by
Covered Entity, except in connection with Data
Aggregation or management and administrative activities
of Business Associate otherwise permitted under this
Agreement.
7. Term and Termination
(a) Term. This Agreement shall be
effective as of the date first written above and shall
Town Council Page 227 of 282 Meeting Date: November 10, 2015
BUSINESS ASSOCIATE AGREEMENT
Town of Trophy Club Fire Department Business Associate Agreement 10/01/2015 7
terminate only upon termination of the agreed upon
Services Agreement.
(b) Termination for Cause. Upon Covered
Entity's knowledge of a material breach by Business
Associate, Covered Entity shall provide an opportunity for
Business Associate to cure the breach or end the violation.
Covered Entity may terminate this Agreement and the
Services Agreement if Business Associate does not cure the
breach or end the violation within the time specified by
Covered Entity. If Business Associate has breached a
material term of this Agreement and cure is not possible,
Covered Entity may immediately terminate this Agreement
and the Services Agreement.
8. Effect of Termination
(a) Except as provided in paragraph (2) of
this section, upon termination of this Agreement, for any
reason, Business Associate shall return or destroy all PHI
received from Covered Entity, or created or received by
Business Associate on behalf of Covered Entity. This
provision shall apply to PHI that is in the possession of
subcontractors or agents of Business Associate. Business
Associate shall retain no copies of the PHI.
(b) In the event that Business Associate
determines that returning or destroying the PHI is not
feasible, Business Associate shall provide to Covered
Entity notification of the conditions that make return or
destruction infeasible. Upon mutual agreement of the
Parties that return or destruction of PHI is infeasible,
Business Associate shall extend the protections of this
Agreement to such PHI and limit further uses and
disclosures of such PHI to those purposes that make the
return or destruction, for so long as Business Associate
maintains such PHI.
9. Miscellaneous
(a) Regulatory References. A reference in
this Agreement to a section in the Privacy Rule or Security
Rule means the section as in effect or as amended.
(b) Amendment. The Parties agree to take
such action as is necessary to amend this Agreement from
time to time as is necessary for Covered Entity to comply
with the requirements of the Privacy Rule, Security Rule
and the Health Insurance Portability and Accountability
Act, Public Law 104-191.
(c) Survival. The respective rights and
obligations of Business Associate under Section 8 of this
Agreement shall survive the termination of this Agreement.
(d) Interpretation. Any ambiguity in this
Agreement shall be resolved in favor of a meaning that
permits Covered Entity to comply with the Privacy Rule or
Security Rule.
IN WITNESS WHEREOF, the Covered Entity and Business Associate have executed this Agreement effective as of
the day and year first above written.
“Covered Entity”
By: ___________________________________________
Print Name:_____________________________________
Print Title:______________________________________
Date: _________________________________________
“Business Associate”
By: ___________________________________________
Print Name: Nestor Zenarosa, M.D.
Print Title: Attorney in Fact
Date: _________________________________________
Town Council Page 228 of 282 Meeting Date: November 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0740-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:11/3/2015 Town Council
On agenda:Final action:11/10/2015
Title:Consider and take appropriate action regarding a Resolution to evidence the adoption of the Town of
Trophy Club’s Hazardous Mitigation Action Plan (HMAP); and providing an effective date.
Attachments:Staff Report - HMAP Resolution.pdf
RES 2015-35 - Adopting Hazard Mitigation Action Plan.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Resolution to evidence the adoption of the Town of Trophy Club’s
Hazardous Mitigation Action Plan (HMAP); and providing an effective date.
Town Council Page 229 of 282 Meeting Date: November 10, 2015
To: Mayor and Town Council
From: Pat Cooke, Town Infrastructure and Community Development Manager
CC: Stephen Seidel, Town Manager
Holly Fimbres, Town Secretary
Re: Hazardous Mitigation Plan Implementation
Town Council Meeting, November 10, 2015
Agenda Item:
Consider and take appropriate action regarding a Resolution to evidence the adoption of the
Town of Trophy Club’s Hazardous Mitigation Action Plan (HMAP); and providing an effective
date.
Explanation:
Council previously took action and approved this item at their October 13, 2015 meeting. Per
Town’s consultants at Freese & Nichols, the Texas Department of Emergency Management is
additionally requiring that the Town adopt a resolution for the HMAP to comply completely
with their regulations.
Attachments:
• Resolution 2015-35
Recommendation:
Staff recommends approval of Resolution 2015-35.
Town Council Page 230 of 282 Meeting Date: November 10, 2015
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2015-35
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS ADOPTING A HAZARD MITIGATION ACTION
PLAN FOR THE TOWN OF TROPHY CLUB, TEXAS AND TO
AUTHORIZE THE MAYOR OR HIS DESIGNEE TO TRANSMIT THIS
RESOLUTION TO THE FEDERAL EMERGENCY MANAGEMENT
AGENCY.
WHEREAS, the Federal Emergency Management Agency (“FEMA”) has
mandated that all towns have a FEMA-approved Hazard Mitigation Action Plan
(“HMAP”), which HMAP is intended to identify natural hazards to which a town has
been, or may be, exposed and to develop mitigation actions to counter the impacts of
such hazards; and
WHEREAS, in 2012, the Town of Trophy Club, Texas (“Town”), applied to the
Hazard Mitigation Grant Program for a grant to prepare a HMAP and was awarded a
grant to prepare a HMAP; and
WHEREAS, the Town, utilizing funding received from the Hazard Mitigation
Grant Program, as well as funding from the Town’s Storm Water Utility Fund, retained
Freese and Nichols, Inc., to assist the Town in the coordination and development of a
HMAP; and
WHEREAS, Freese and Nichols prepared a HMAP for the Town, after following
all required plan preparation steps as set forth in 44 CFR 201.6(c), which included
establishing a hazard mitigation planning team, identifying natural hazards that could
impact the Town, conducting public meetings, identifying Town assets that could be
impacted by selected natural hazards, developing a mitigation strategy, and completing
a draft HMAP; and
WHEREAS, the draft HMAP was made available for public review, revised by the
hazard mitigation planning team and presented to the Town Council for review and
comment at a public hearing held on August 19, 2013; and
WHEREAS, the draft HMAP was submitted to the Texas Department of
Emer gency Management, which approved the HMAP, and submitted to FEMA, which
approved the HMAP pending the formal adoption of the HMAP by the Town; and
WHEREAS, the Town desires to formally and officially adopt the draft HMAP
plan as the Town’s HMAP.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Town Council Page 231 of 282 Meeting Date: November 10, 2015
Section 1. The document entitled “Hazard Mitigation Action Plan for the Town of
Trophy Club, November 2015” prepared for the Town by Freese and Nichols, Inc.,
which plan is attached hereto, is hereby adopted as the HMAP for the Town.
Section 2. The Mayor, or his designee, of the Town of Trophy Club is hereby
authorized to transit this Resolution adopting the Town’s HMAP to FEMA, as well as to
execute, on behalf of the Town Council of the Town of Trophy Club, Texas, any
documents required to evidence the Town’s approval of the Town’s HMAP.
Section 3. This Resolution shall become effective immediately upon its passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 10th of November, 2015.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST: [SEAL]
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
RES 2015-35 Page 2 of 2
Town Council Page 232 of 282 Meeting Date: November 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0722-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/30/2015 Town Council
On agenda:Final action:11/10/2015
Title:Consider and take appropriate action regarding a Resolution adopting a policy authorizing the Mayor
to direct that the United States flag be lowered to half-staff at designated times; and providing an
effective date.
Attachments:RES 2015-38 - Proposed Flag Lowering Policy.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Resolution adopting a policy authorizing the Mayor to direct that the
United States flag be lowered to half-staff at designated times; and providing an effective date.
Town Council Page 233 of 282 Meeting Date: November 10, 2015
TOWN OF TROPHY CLUB
RESOLUTION 2015-38
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS ADOPTING A POLICY AUTHORIZING THE
MAYOR TO DIRECT THAT THE UNITED STATES FLAG BE LOWERED
TO HALF-STAFF AT DESIGNATED TIMES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town identifies that lowering the Flag of the United States is
intended to be a visible public symbol of respect for heroic services and sacrifice of
Military Personal, Police Officers, Fire Fighters, and Public Officials upon their death,
and at times of National, State, or Local tragedies; and
WHEREAS, the Flag Code provides that the President of the United States or
the Governor of the State of Texas has the authority to direct when the flag is lowered to
Half-Staff, the Flag Code serves as a “Guide Only” with no penalty or enforcement
provisions; and
WHEREAS, the Town Council notes that within the Congressional Research
Service – Report to Congress January 24, 2011, Relating to the Display of the United
States Flag states “. . . different interpretations of various provisions of the Code may
continue to be made; and
WHEREAS, the Flag Code itself suggests a general rule by which practices
involving the flag may be fairly test ed and provides that no disrespect should be shown
to the flag of the United States of America, it further provides that actions not specifically
included in the code “may be deemed acceptable” as long as “proper respect is shown”;
and
WHEREAS, the “Flag Protection Act of 1989 was struck down as
Unconstitutional by the Supreme Court of the United States [SCOTUS] on June 11,
1990 permitting less than respectful treatment of the U.S. Flag in direct contradiction to
the U.S. Flag Code and based on the SCOTUS ruling “Respectful” treatment of the
United States Flag must certainly also be a permitted and protected right; and
WHEREAS, the Council has determined it appropriate to adopt this Resolution
providing a policy for local control of the United States flag, consistent with the intent of
the Flag Code.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. The Mayor shall have the authority to direct that the United States
Flag, and as required by the Flag Code, the Texas Flag and any local government flags,
Town Council Page 234 of 282 Meeting Date: November 10, 2015
RES 2015-38 Page 2 of 4
be lowered to half- staff in accordance with the policy set forth on Exhibit “A”, a copy of
which is attached hereto and incorporated herein.
Section 2. This Resolution shall become effective upon its adoption.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 10th day of November, 2015.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
Town Council Page 235 of 282 Meeting Date: November 10, 2015
RES 2015-38 Page 3 of 4
Exhibit “A”
Town of Trophy Club
Lowering Flags to Half-Staff
Rationale:
Lowering the flag of the United States to half-staff is intended to be a visible public
symbol of respect for heroic service and sacrifice of Military Personal, Police Officers,
Fire Fighters, Public Officials upon their death, and at times of National, State, or Local
tragedies. While the Flag Code does provide that the President of the United States or
the Governor of the State of Texas normally directs when the flag is lowered to Half-
Staff, the Flag Code serves as a “Guide Only” with no penalty or enfor cement
provisions.
The Congressional Research Service – Report to Congress January 24, 2011, Relating
to the Display of the United States Flag states “. . . different interpretations of various
provisions of the Code may continue to be made. The Flag Code itself, however,
suggests a general rule by which practices involving the flag may be fairly tested: “No
disrespect should be showed to the flag of the United States of America. “Therefore,
actions not specifically included in the code “may be deemed acceptable” as long as
“proper respect is shown”.
In addition the “Flag Protection Act of 1989 was struck down as Unconstitutional by the
Supreme Court of the United States [SCOTUS] on June 11, 1990 protected
disrespectful treatment of the U.S. Flag, under the 1st Amendment of the U.S.
Constitution, in direct contradiction to the U.S. Flag Code. Based on the SCOTUS ruling
“Respectful” treatment of the United States Flag must certainly be afforded the same
Constitutional protections.
Policy:
It is therefore fitting and within the scope of a visible and public symbol of respect for the
heroic service and sacrifice of Local Active Military Personal, Police Officers, Fire
Fighters, Public Officials upon their death in the line of duty, or at times of National,
State, or Local tragedies, that the Mayor of Trophy Club be granted the authority to
instruct the Town Staff to lower the United States flag, Texas flag and Town flags to
half-staff should he/she determine such a Respectful tribute meets the guidelines below,
or as directed by the President of the United States or the Governor of Texas**.
THOSE FOR WHOM THE FLAG SHOULD BE LOWERED TO HALF-STAFF
(Sunrise until Sunset day of funeral)
Members of the Armed Forces - Funeral held in Trophy Club
Members of the Trophy Club Police Department "in the line of duty"
Members of the Trophy Club Fire Department "in the line of duty"
Members of the Current Town Council – Mayor or Councilpersons
Town Council Page 236 of 282 Meeting Date: November 10, 2015
RES 2015-38 Page 4 of 4
NATIONAL – STATE – LOCAL TRAGEDY
(Sunrise of day following the event,
continuing until Sunset of the 5th day following the event)
For which no Federal or State proclamation is issued but is deemed worthy by the
Mayor of Trophy Club; or
At the request of the Trophy Club Police or Fire Chief
**CURRENT NATIONAL HOLIDAYS
(May be revised by Federal or State Proclamation for Holiday or Event)
Peace Officers Memorial Day, May 15th (Sunrise until Sunset)
Memorial Day, last Monday in May (Sunrise until NOON)
Patriot Day, September 11 (Sunrise until Sunset)
National Firefighters Memorial Day (Sunrise until Sunset)
Pearl Harbor Remembrance Day, December 7th (Sunrise to Sunset)
Town Council Page 237 of 282 Meeting Date: November 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0723-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/30/2015 Town Council
On agenda:Final action:11/10/2015
Title:Consider and take appropriate action regarding a Resolution of the Town Council casting it's twenty-
two (22) allocated votes for a person or persons to serve as a member of the Denton Central
Appraisal District Board of Directors; and providing an effective date.
Attachments:Denton Central Appraisal District Letter.pdf
RES 2015-36 - DCAD Board Votes.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Resolution of the Town Council casting it's twenty-two (22) allocated
votes for a person or persons to serve as a member of the Denton Central Appraisal District Board of Directors; and
providing an effective date.
Town Council Page 238 of 282 Meeting Date: November 10, 2015
TO :
DENTON CENTRAL APPRAISAL D1sTRICT
3911 MORSE STREET, p 0 Box 2816
All Taxing Jurisdictions
DENTON, TEXAS 76202-2816
MEMO
~CETVED
OCT 2 6 2015
BY: HF
FROM : Rudy Durham, Chief Appraiser
DATE: October 23, 2015
SUBJECT: Candidates to Board of Directors of Denton Central Appraisal District
Candidates to the Denton Central Appraisal District Board of Directors are listed below. The list is in
alphabetical order by last name.
Each voting unit must cast its vote by written resolution and submit it to the Chief Appraiser before
December 15th. The unit may cast all its votes for one candidate or may distribute the votes among any
number of candidates . When a voting unit casts its votes , it must cast the votes for a person that was
nominated and is named on the ballot. There is no provision for write-in candidates. The Tax Code does
not permit the Chief Appraiser to count votes cast for someone not listed on the official ballot. The five
nominees receiving the most votes will become the Board of Directors .
The candidates nominated by the taxing jurisdictions are: (Please note Asterisk below)
Candidate
1 . Scott Brown
2. Rod Collver
3. Tina Curfman
4. Danny Everett
5. Kevin Falconer
6. Michelle French*
7. Robert Gallagher
8 . Matthew Haines
9 . Mike Hassett
10. Brenda Latham
11 . David Loerwald
12 . John Mahalik*
13. Phillip Marquez
14. Connie Smith
15. Charles Stafford
16. David Terre
17. Heath Winnett
Nominating Jurisdiction
Lewisville ISO
City of Lake Dallas
City of Lake Dallas
City of Lake Dallas
City of Carrollton
City of Lewisville
Denton County
Town of Shady Shores
Lewisville ISO
Lewisville ISO, Town of Trophy Club, City of Lewisville
Carrollton-Farmers Branch ISO
Town of Trophy Club, Frisco ISO
City of Lake Dallas
Lewisville ISO, Town of Trophy Club, City of Lewisville
Denton ISO, City of Denton, Town of Trophy Club, City of Lewisville
City of Denton, Lewisville ISO, City of The Colony,
Town of Trophy Club, City of Lewisville
City of Lake Dallas
*John Mahalik has indicated that he does not want to be reappointed to the Board of Directors and
Michelle French has indicated that she prefers to remain an ex-officio member.
Since some of you may not be familiar with the process of selecting the Board, please do not hesitate to
contact Kathy Williams at (940) 349-3974 for clarification and/or information .
PHONE : (940) 349-3800 METRO : (972) 434-2602 FAX: (940) 349-3801
Town Council Page 239 of 282 Meeting Date: November 10, 2015
~ --DENTON CENTRAL APPRAISAL DISTRICT ---20 IS DISTRIBUTION OF VOTES
---%OF TOTAL NUMBER
JURISDICTIONS 2014 LEVY -LEVIES OF VOTES
I---
SCHOOL DISTRICTS : -SOI ARGYLE ISD IS,SOl,309 .S7 l .34SS% 67
S02 AUBREY ISD 9,920,93S .33 0.7101% 36
S03 CARROLLTON-FB ISD 40 ,023,S99 .S9 2.S649% 142
S04 CELINA !SD 32S,442 .36 0.0233% I
sos DENTON ISD 1 S3 ,02 l ,464.42 13 .100S% 6S4
SIS ERA ISD 2,643.4S 0.0002% I
S06 FRISCO ISD
~--
92, 760,421. 77 6.6397% 332
S07 KRUM ISD 11,743 ,SOS .34 0.S406% 42
sos LAKE DALLAS ISD 22,6S9, l 93.06 1.6241% SI
S09 LEWISVILLE ISD 401,041 ,12S .OO 2S .7062% 1434
SlO LITTLE ELM ISD 36 ,337 ,7S7 .OS 2.6010% 130
SI 1 NORTHWEST ISD S2,343,S7S.92 S.S941% 294
Sl2 PILOT POINT ISD 6,3S6,74S .62 0.4S72% 23
Sl3 PONDER ISD 10,S4S,307 .IS 0.7SSO% 3S
S17 PROSPERlSD l ,4S3 ,62S .32 0.1040% s
S14 SANGERISD 10,917,S71.Sl 0.7SIS% 39
S16 SLIDELL ISD S30 ,706 .7S O.OS9S% 3
SCHOOL DISTRICTS TOTALS $929, 14S,S6S.S7 66 .SOS% 3322
GO! DENTON COUNTY $174,36S,271 .44 12.4S% 623
CITIES :
C26 TOWN OF ARGYLE ....... l ,SlS,4S4.19 0.1299% 7
COi CITY OF AUBREY ....... S61,461.33 0.0617% 3
C31 TOWN OF BARTONVILLE .. S07,SSS .69 0.0363% 2
C02 CITY OF CARROLL TON 3l ,S36,174.0 I 2.27SS% 113
C49 CITY OF CELINA ......... 4,263.52 0.0003% I
C03 CITY OF THE COLONY ... l 7,S 17,SS3 .31 l .27S4% 64
C21 TOWN OF COPPELL S06,720 .73 O.OS77% 3
C27 TOWN OF COPPER CANYON S60,7SS .23 0.0401% 2
C04 CITY OF CORINTH ...... 9,1S9,001.96 0.6SS6% 33
C47 CITY OF CORRAL CITY 11,017 .31 O.OOOS% I
C20 CITY OF DALLAS ....... S,691,S16 .17 0.6222% 31
cos CITY OF DENTON ....... S4,4 l 2,S06 . l 7 3.S94S% 192
C42 CITY OF DISH ......... 77 ,697 .61 O.OOS6% I
C30 TOWN OF DOUBLE OAK ... S29 ,S29 .97 O.OS94% 3
C07 TOWN OF FLOWER MOUND . 34,261,0S0 .62 2.4S24% 123
C36 CITY OF FORT WORTH ....... 9,742,096.94 0.6973% 3S
C32 CITY OF FRISCO ........ 3 l ,660 ,6S9.49 2.2662% 113
C39 CITY OF GRAPEVINE ....... 2S0 .09 0.0000% I
C22 TOWN OF HACKBERRY .... 103 ,6SS .94 0.0074% 1
C3S CITY OF HASLET.. ...... 9,9S l.3S 0.0007% 1
C19 TOWN OF HICKORY CREEK .... l,414,S44.6S 0.1013% s
cos CITY OF HIGHLAND VILLAGE ...... 10,267,SOS.9S 0.7349% 37
C09 CITY OF JUSTIN ....... l ,S7S,203 .21 0.1130% 6
CIS CITY OF KRUGERVILLE .. 414,492 .77 0.0297% I
CIO CITY OF KRUM ......... l ,619 ,Sl7.S2 0.llS9% 6
Cit CITY OF LAKE DALLAS .. 2,4SS,244 .9S 0.1779% 9
C2S CITY OF LAKEWOOD VILLAGE ..... 232,7S7 .SS 0.0167% I
C12 CITY OF LEWISVILLE ... 33,SS3, l S 1.22 2.42S3% 120
Cl3 TOWN OF LITTLE ELM ... 13,601,60 I.SS 0.9736% 49
C33 TOWN OF NORTHLAKE .... 7Sl,604.76 O.OS3S% 3
C24 CITY OF OAK POINT.. .. 1,627 ,926 .72 0.116S% 6
C14 CITY OF PILOT POINT .. l,36S ,792 .79 0.09SO% s
C29 CITY OF PLANO .......... 4,460,0SS .39 0.3192% 16
CIS TOWN OF PONDER ....... S67,97S .69 0.0407% 2
C4S CITY OF PROSPER 362,21S .93 0.02S9% 1
C17 CITY OF ROANOKE ...... S,2S3,02S .S7 0.3760% 19
Cl6 CITY OF SANGER ....... 2,96S,l 19 .0S 0.2122% 11
C34 TOWN OF SHADY SHORES 723,392 .33 0.0SIS% 3
C37 CITY OF SOUTHLAKE ....... S7S,949 .97 0.0412% 2
C2S CITY OF TROPHY CLUB .. 6,2 l 6,S40. 7S 0.44S0% 22
C44 CITY OF WESTLAKE 1,367 .0S 0.0001% 1
CITY TOTAL $293,S40,S90.4 I 21.01% IOSS
TOT AL ALL JURISDICTIONS $1,397,0SS ,027.72 100 .00% sooo
Town Council Page 240 of 282 Meeting Date: November 10, 2015
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2015-36
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, CASTING ALL OF ITS TWENTY-TWO (21)
ALLOCATED VOTES FOR A PERSON TO SERVE AS A MEMBER OF
THE DENTON CENTRAL APPRAISAL DISTRICT BOARD OF
DIRECTORS; PROVIDING FOR SUBMITTAL OF SAME TO THE CHIEF
APPRAISER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 6.03 of the Tax Code provides for the selection of
members for the Denton Central Appraisal District’s Board of Directors based on the
standard process of nominations and selection by the voting units in a taxing
jurisdiction;
WHEREAS, the Town of Trophy Club, Texas, based on the tax levy for the
Town, was allocated a total of twenty-two (22) votes to cast for nominated
candidate(s) named on the ballot provided by the Chief Appraiser of the Denton
Central Appraisal District;
WHEREAS, upon receiving the selections submitted by all voting units of the
taxing jurisdiction, the five nominees receiving the most votes will be appointed
members of the Board of Directors for the Denton Central Appraisal District;
WHEREAS, it is the desire of the Town Council of the Town of Trophy Club,
Texas, to cast the Town’s twenty-two (22) allocated votes to select ____ for
placement on the Board of Directors for the Denton Central Appraisal District.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the Town of Trophy Club, Texas, hereby casts all of its
allocated votes for ______, to serve as a member of the Board of Directors for the
Denton Central Appraisal District.
Section 2. That this Resolution, indicating the votes cast and candidate
selected, shall be submitted to the Chief Appraiser of the Denton Central Appraisal
District prior to December 15, 2015.
Section 3. That this Resolution shall become effective from and after its
date of passage in accordance with law, and it is so resolved.
Town Council Page 241 of 282 Meeting Date: November 10, 2015
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 10th day of November, 2015.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST: [SEAL]
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
RES 2015-36 Page 2 of 2
Town Council Page 242 of 282 Meeting Date: November 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0724-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/30/2015 Town Council
On agenda:Final action:11/10/2015
Title:Consider and take appropriate action regarding a Resolution of the Town Council casting it's one (1)
allocated vote for a person to serve as a member of the Tarrant Appraisal District Board of Directors;
and providing an effective date.
Attachments:Tarrant Appraisal District Letter.pdf
RES 2015-37 - TAD Board Vote.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Resolution of the Town Council casting it's one (1) allocated vote for a
person to serve as a member of the Tarrant Appraisal District Board of Directors; and providing an effective date.
Town Council Page 243 of 282 Meeting Date: November 10, 2015
Tarrant Appraisal District
Mr. Nick Sanders
Mayor
Town of Trophy Club
100 Municipal Dr.
Trophy Club, Texas 76262
Dear Mr. Sanders:
RECEIVE I)
OCT 2 9 2015
BY: ttF
Jeff Law
Executive Director
Chief Appraiser
October 27, 2015
The terms of service for the five (5) elected Directors of the Tarrant Appraisal
District expire December 31, 2015. The deadline for nominations has passed. Enclosed
is a list of nominees for these five (5) positions and an official ballot.
The Property Tax Code requires that votes be in an open meeting by resolution.
All votes may be cast for one candidate or distributed among any number of candidates
listed on the official ballot. There is NO provision for write in candidates. Votes cast for
someone other than the candidates listed on the ballot cannot be counted.
The deadline for voting is December 15, 2015. You may mail the ballot
resolution, fax to (817) 595-6198 or email to mmccoy@tad.org. The five (5) candidates
receiving the most votes are elected to a two (2) year term beginning January 1, 2016.
2015.
JL:mm
Encl.
All tax units will be notified of the results of the election before December 31,
Sincerely,
Executive Director
Chief Appraiser
Town Council Page 244 of 282 Meeting Date: November 10, 2015
c1"a
Tarran t Appraisal District
ELECTION OF MEMBERS TO THE BOARD OF DIRECTORS
We, the governing body of Town of Trophy Club having been advised by the Chief Appraiser of Tarrant
Appraisal District that we are entitled to cast 1 vote collectively or separately for the following nominees for
the Board of Tarrant Appraisal District:
Mr. Johnny Bennett
Ms. Karina Davis
Mr. John Eubanks Mr. Eubanks has notified TAD that he withdraws his name from
consideration for reelection to TAD's Board of Directors.
Mr. Don Funderlic
Mr. John Marshall Mr. Marshall has notified TAD that he withdraws his name from
consideration for election to TAD's Board of Directors.
Mr. John Molyneaux
Mr. Terry Moore
Mr. Michael O'Donnell
Mr. Joe Potthoff
Mr. Mark Wood
do hereby resolve and order that Town of Trophy Club cast and does hereby cast its votes as follows:
VOTES
FOR
Mr. Johnny Bennett
Mr. Karina Davis
Mr. John Eubanks Mr. Eubanks has notified TAD that he withdraws his name
from consideration for reelection to TAD's Board of
Directors.
Mr. Don Funderlic
Mr. John Marshall Mr. Marshall has notified TAD that he withdraws his name
from consideration for election to TAD's Board of Directors.
Mr. John Molyneaux
Mr. Terry Moore
Mr. Michael O'Donnell
Mr. Joe Potthoff
Mr. Mark Wood
Passed this ______ day of ________ , 2015
Presiding Officer
ATIEST
----------~ Secretary or Clerk, Town of Trophy Club
IMPORTANT: This ballot should be returned by December 15, 2015 to Jeff Law, Chief Appraiser, Tarrant
Appraisal District, 2500 Handley-Ederville Rd., Fort Worth, Texas, 76118
Town Council Page 245 of 282 Meeting Date: November 10, 2015
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2015-37
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, CASTING ITS ONE (1) ALLOCATED VOTE
FOR A PERSON TO SERVE AS A MEMBER OF THE TARRANT
APPRAISAL DISTRICT BOARD OF DIRECTORS; PROVIDING FOR
SUBMITTAL OF SAME TO THE CHIEF APPRAISER; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Section 6.03 of the Tax Code provides for the selection of
members for the Tarrant Appraisal District’s Board of Directors based on the
standard process of nominations and selection by the voting units in a taxing
jurisdiction; and
WHEREAS, the Town of Trophy Club, Texas, based on the tax levy for the
Town, was allocated a total of one (1) vote to cast for nominated candidate(s) named
on the ballot provided by the Chief Appraiser of the Tarrant Appraisal District; and
WHEREAS, upon receiving the selections submitted by all voting units of the
taxing jurisdiction, the five nominees receiving the most votes will be appointed
members of the Board of Directors for the Tarrant Appraisal District;
WHEREAS, it is the desire of the Town Council of the Town of Trophy Club,
Texas, to cast it’s one (1) allocated vote to select ____ for placement on the Board of
Directors for the Tarrant Appraisal District.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the Town of Trophy Club, Texas, hereby casts it’s one (1)
allocated vote for ____ to serve as a member of the Board of Directors for the Tarrant
Appraisal District.
Section 2. That this Resolution, indicating the votes cast and candidate
selected, shall be submitted to the Chief Appraiser of the Tarrant Appraisal District
prior to December 15, 2015.
Section 3. That this Resolution shall become effective from and after its
date of passage in accordance with law, and it is so resolved.
Town Council Page 246 of 282 Meeting Date: November 10, 2015
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 10th day of November, 2015.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST: [SEAL]
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
RES 2015-37 Page 2 of 2
Town Council Page 247 of 282 Meeting Date: November 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0727-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/30/2015 Town Council
On agenda:Final action:11/10/2015
Title:Consider and take appropriate action regarding a Non-Exclusive Use Agreement between the Town
and Bobcat Youth Football Organization for the use of portions of Independence Park for football
events; providing terms of usage; and authorizing the Mayor or his designee to execute all necessary
documents.
Attachments:Staff Report - Bobcat Youth Football Organization Non-Exclusive Use Agreement.pdf
Bobcat Youth Football Organization Non-Exclusive Use Agreement.pdf
Independence East Football Facility Location Map.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Non-Exclusive Use Agreement between the Town and Bobcat Youth
Football Organization for the use of portions of Independence Park for football events; providing terms of usage; and
authorizing the Mayor or his designee to execute all necessary documents.
Town Council Page 248 of 282 Meeting Date: November 10, 2015
To: Mayor and Town Council
From: Adam Adams, Parks and Recreation Director
CC: Stephen Seidel, Town Manager
Steven Glickman, Assistant Town Manager
Holly Fimbres, Town Secretary
Re: Bobcat Youth Football Organization Non-Exclusive Use Agreement
Town Council Meeting, November 10, 2015
Agenda Item:
Consider and take appropriate action regarding a Non-Exclusive Use Agreement between the
Town and Bobcat Youth Football Organization for the use of portions of Independence Park for
football events; providing terms of usage; and authorizing the Mayor or his designee to execute
all necessary documents.
Explanation:
Bobcat Youth Football Organization (BYOF) utilizes both Town and private facilities for its four
month practice period. The organization does not utilize any Town facilities for games or
tournaments as those are held at NISD facilities. On May 26, 2015, Council created an
Organized Sports Council Sub-Committee to work with staff and representatives from the
various sports organizations. This document is almost identical with the Trophy Club Roanoke
Youth Baseball Agreement that was recommended by the Organized Sports Council Sub-
Committee and passed unanimously by Council at their July 14, 2015 meeting.
Attachments:
• Bobcat Youth Football Organization Non-Exclusive Use Agreement
• Independence East Football Facility Location Map
Recommendation:
Staff recommends this document as it mirrors the Trophy Club Roanoke Youth Baseball
Agreement passed by Town Council at their July 14, 2015 meeting and provides for a potential
multi-year contract with the Bobcat Youth Football Organization that will identify the roles and
responsibilities of both parties.
Page 1 of 1
Town Council Page 249 of 282 Meeting Date: November 10, 2015
THE STATE OF TEXAS §
§
COUNTY OF DENTON and TARRANT §
NON-EXCLUSIVE USE AGREEMENT BY AND BETWEEN
THE TOWN OF TROPHY CLUB
AND THE BOBCAT YOUTH FOOTBALL ORGANIZATION
THIS NON-EXCLUSIVE USE AGREEMENT is made and entered into by and
between the TOWN OF TROPHY CLUB, TEXAS (hereinafter referred to as “TOWN”),
acting by and through its Mayor or designee, and the BOBCAT YOUTH FOOTBALL
ORGANIZATION (hereinafter referred to as “BYFO”), acting by and through the
President its Board of Directors, or designee, (hereinafter “Agreement”).
WITNESSETH:
WHEREAS, the TOWN owns and maintains parks and sports facilities on
Independence Park; and
WHEREAS, the BYFO is comprised of various youth football teams for football play;
and
WHEREAS, the BYFO desires to use the TOWN parks and facilities as specifically
identified herein below; and
WHEREAS, maintenance and upkeep obligations shall be shared by Town and BYFO
as expressly set forth in this Agreement; and
WHEREAS, BYFO and TOWN agree that it serves their best interests to work with
TOWN; and
WHEREAS, BYFO and TOWN agree that the properties and facilities identified herein
shall be used by BYFO solely for the purpose of providing football use for
the members of the BYFO; and
WHEREAS, the parties agree that this Agreement supersedes any and all prior written
and/or oral agreements for use of Independence Park and by execution of
this Agreement, the parties agree and intend that this Agreement shall
exclusively govern BYFO’s use of Independence Park.
NOW THEREFORE, FOR AND IN CONSIDERATION of the above and
foregoing premises, the benefits flowing to each of the parties hereto, and other good
and valuable consideration, TOWN and BYFO do hereby agree as follows:
Town Council Page 250 of 282 Meeting Date: November 10, 2015
I.
INCORPORATION OF PREMISES / TERM
1.01 Incorporation of Premises. The foregoing premises to this Agreement are
incorporated herein for all purposes as if set out herein verbatim.
1.02 Term. The term of this Agreement shall commence on February 1, 2016 and
shall end on January 31, 2017, unless otherwise terminated as provided herein.
After the initial term has expired, this contract will automatically renew for three
(3) additional terms of one (1) year each, provided that such renewal is not
contested by either party within sixty (60) days of the contract’s expiration date.
II.
INDEPENDENCE PARK / CONSIDERATION
2.01 Independence Park. TOWN, under the terms and conditions provided herein,
shall allow BYFO the non-exclusive use of Independence Park and facilities
within the park as specifically identified in Exhibit “A”, a copy of which is attached
hereto and incorporated herein, for athletic and sporting events, to wit, football
events.
2.02 Consideration. In addition to the fees otherwise provided herein, for the Fall
Season (defined below), BYFO shall assess and collect a fee for each child who
does not live within the corporate limits of the Town of Trophy Club Or the City of
Roanoke. Such fee shall be ten dollars ($10.00) per person who enrolls in the
BYFO football program. No later than the twenty-first (21st) day after the
commencement of regular season game play for the Fall Season, BYFO shall
remit to Town all such fees collected and shall provide the written report required
by Section 12.02 of this Agreement.
In further consideration for the use of Independence Park, BYFO hereby agrees
to provide a proposed use schedule (which specifically identifies complexes and
fields to be used) to the TOWN at least seven (7) days before the
commencement of each seasonal practice schedule. In the event of changes in
the practice schedule, BYFO shall provide TOWN with a written notice at least
seventy-two (72) hours prior to the proposed change. Acceptance of the
proposed changes shall be within the sole discretion of the Town; provided
however, that acceptance shall not be unreasonably withheld.
2016 Non-Exclusive Use Agreement with BYFO Page 2 of 13
Town Council Page 251 of 282 Meeting Date: November 10, 2015
III.
USE SCHEDULING/REGISTRATION
3.01 Regular Season. The “Fall Season” shall run from the first week of August
through the third week of November, and shall include tryouts and all practices.
3.02 Scheduling. TOWN and BYFO agree that scheduling of additional practices on
dates not contained in the TOWN approved schedule shall not be permitted
unless these additional times are mutually agreed to in writing by the TOWN and
BYFO, and if allowed, there shall be no additional cost to BYFO. Use of
Independence Park shall be limited to the practices scheduled by BYFO, and
BYFO shall provide written notice of scheduling to the Parks and Recreation
Department in accordance with the time frames set forth in this Agreement.
BYFO shall provide one point of contact for all scheduling of Independence
Park. No BYFO use of Independence Park by BYFO, other than that expressly
provided for under a TOWN approved schedule, shall be allowed by the TOWN.
Weather days, rain days, or suspension of play may require rescheduling of
events. BYFO shall provide written notice of such rescheduling requests to the
Parks and Recreation Department at least seventy-two (72) hours in advance
of the proposed schedule change.
The TOWN shall designate one (1) day per week on which BYFO will not be
allowed to use Independence Park for practice. The proposed day shall be
submitted to BYFO thirty (30) days prior to the commencement of regular season
practice for the Fall Season.
The Town reserves the right to use any field or facility located at Independence
Park for purposes other than football upon submitting the scheduled us to BYFO
ninety (90) days prior to that use.
IV.
MAINTENANCE RESPONSIBILITIES
4.01 TOWN Maintenance Responsibilities. TOWN shall be responsible for all
routine maintenance of Independence Park, including the following:
1. watering;
2. loose trash and debris removal on grounds;
3. mowing;
4. over seeding (the Town will provide a thirty (30) day notice prior to
overseeding requiring the fields to be closed for three weeks following the
application of seed);
5. fertilization;
6. aerification;
7. top-dressing;
2016 Non-Exclusive Use Agreement with BYFO Page 3 of 13
Town Council Page 252 of 282 Meeting Date: November 10, 2015
8. striping of the fields (once per week);
9. restrooms;
10. lighting;
11. irrigation;
12. turf management; and
13. other similar maintenance items
4.02 Repairs. TOWN shall have the sole discretion to determine nature and timing of
repairs and shall have the sole duty and responsibility for making repairs to all
permanent improvements owned by the TOWN such as fencing, buildings,
lighting, or other permanent structural improvements upon Independence Park.
4.03 TOWN Alterations. TOWN shall be permitted and shall have the right to make,
at its own expense, all alterations or additions to all or any portion of
Independence Park the TOWN determines appropriate in its sole discretion,
notwithstanding any conflicting provision of this Agreement.
4.04 BYFO Maintenance and Other Responsibilities: BYFO shall be responsible for
the following:
A. Maintenance and Improvements Generally. Maintenance or improvements
in addition to those provided by TOWN pursuant to this Section, shall be the
responsibility of BYFO and shall only be allowed upon the prior written
approval of TOWN.
B. Field Maintenance: BYFO through their President or designee shall promptly
notify the TOWN of all field maintenance requests, requests for additional
services or the existence of unsafe conditions by providing written notice to
the Park Superintendent and/or designee.
C. BYFO shall be responsible for emptying all trash receptacles and properly
disposing of all bagged trash that accumulates at facilities utilized by BYFO
during regular season practice.
4.05. BYFO Alterations. BYFO shall not move, alter or remove, in whole or in part,
any TOWN improvement, fixed or movable, upon Independence Park, including
without limitation bleachers, without first obtaining the express written permission
of the TOWN and then only in the event that the move, alteration or removal will
not subject such improvements or Independence Park to damage. Any such
move, alteration or removal shall be at the sole expense of BYFO.
4.06 Council Updates. An officer of the BYFO Board shall attend a Town Council
meeting and shall provide an update to the Town Council within thirty (30) days
after the last day of regular season play for the Fall Season.
4.07 Ex-Officio Member. The Parks and Recreation Director or designee shall serve
as an ex-officio member of the Board of Directors of the BYFO. BYFO shall email
2016 Non-Exclusive Use Agreement with BYFO Page 4 of 13
Town Council Page 253 of 282 Meeting Date: November 10, 2015
board meeting agendas to the Parks and Recreation Director or designee a
minimum of seventy–two (72) hours prior to each such BYFO Board meeting.
4.08 Partnership Opportunities. BYFO shall diligently pursue any actions or
opportunities that will reduce the maintenance and operational costs of both
BYFO and TOWN, including without limitation, capital improvement initiatives
and other TOWN authorized activities.
4.09 Events. TOWN and BYFO agree and understand that there is a benefit in
combining resources and participation in TOWN sponsored events. BYFO
agrees to work with TOWN in the joint scheduling and promotion of TOWN
events as practicable for both parties.
V.
RULES AND REGULATIONS / CLOSURE/ PARKING
5.01 TOWN Regulations. BYFO understands and agrees that its’ use of
Independence Park shall be allowed only in accordance with TOWN ordinances,
guidelines and regulations, including without limitation the following:
A. Athletic Facility Rainout Procedures: During questionable weather periods,
field playability status will be posted on the TOWN’S field conditions line by
12:00 p.m. weekdays and by 7:00 a.m. Saturdays, Sundays, and Holidays by
TOWN’S Parks Superintendent and/or designee. Emergency contact
numbers shall be distributed to BYFO designated officials prior to season
start. The field conditions line shall be updated as soon as possible when field
conditions change status.
B. Field Closure Policy and Procedure: BYFO shall cancel, delay or postpone
any practices or other activities if severe weather conditions are present
and/or when TOWN notifies BYFO that supplemental watering will be
conducted. Notwithstanding the terms of this Agreement, TOWN, in its sole
discretion, retains the right to close any or all of Independence Park that is the
subject of this Agreement. The Park Superintendant and/or designee, at their
sole discretion, may close Independence Park and suspend play at any time
if, in TOWN’S sole discretion, it is determined that continued use presents a
risk of injury to persons or damage to Independence Park or the general
health, safety or welfare of the public.
In addition to the foregoing, all of a portion of Independence Park may be
closed for repair, remodeling, overseeding or other maintenance. In the event
of closure for such maintenance, TOWN shall timely notify BYFO officials in
order to minimize the impact on scheduling as much as reasonably possible.
TOWN also reserves the right to close all or a portion of Independence Park
during operational hours, and if resources are available, TOWN may offer
2016 Non-Exclusive Use Agreement with BYFO Page 5 of 13
Town Council Page 254 of 282 Meeting Date: November 10, 2015
substitutions or alternatives for the use of Independence or offer replacement
premises or facilities.
5.02 Parking: During the term of this Agreement, TOWN shall provide BYFO with
access to and use of Independence East parking area. The repair and
maintenance of such parking lots shall remain the sole responsibility of the
TOWN.
VI.
BYFO USE OF TOWN PARK FACILITIES
As-Is Condition. The BYFO shall take Independence Park on an “as-is”
condition on the date of execution of this Agreement and there shall be no obligation by
the TOWN to make any other improvements to the Independence Park facilities. BYFO
shall not make any improvements or structural changes to any TOWN concession
facility without written permission by the Director of Parks and Recreation.
VII.
GENERAL REQUIREMENTS APPLICABLE TO BYFO
USE OF TOWN PROPERTY
7.01 Immunity: Nothing in this Agreement, or in any exhibit or attachment hereto,
shall be construed to affect, alter, or modify the immunity of either party under the
Texas Civil Practice and Remedies Code §§101.001 et seq. It is expressly
understood and agreed that in the execution of this Agreement, neither TOWN
nor BYFO waives, nor shall be deemed to waive, any immunity or defense that
would otherwise be available to each against claims arising in the exercise of
governmental powers and functions.
7.02. Insurance: During the term of this Agreement BYFO shall obtain and maintain,
at its sole expense, general liability insurance with the minimum amounts of
$1,000,000 Bodily Injury Liability and $1,000,000 Property Damage Liability while
naming the TOWN of Trophy Club as an additional insured to protect against
potential claims arising out of the BYFO’s use of the Independence Park and the
facilities. BYFO shall furnish TOWN with certificates of insurance evidencing its
compliance with this Paragraph at least ten (10) days prior to the commencement
of the term of this Agreement. Nothing contained herein shall be construed to
grant any third party rights or as a waiver of any governmental and/or public
purpose of the operation or use of all or a portion of Independence Park.
7.03 No Third Party Beneficiary: For purposes of this Agreement, including its
intended operation and effect, the parties specifically agree and contract that: (1)
the Agreement only affects matters/disputes between the parties to this
Agreement, and is in no way intended by the parties to benefit or otherwise affect
any third person or entity, notwithstanding the fact that such third person or
2016 Non-Exclusive Use Agreement with BYFO Page 6 of 13
Town Council Page 255 of 282 Meeting Date: November 10, 2015
entities may be in a contractual relationship with TOWN or BYFO or both; and (2)
the terms of this Agreement are not intended to release, either by contract or
operation of law, any third person or entity from obligations owing by them to
either TOWN or BYFO. This Agreement shall not create any third-party
beneficiaries.
7.04 Notice: Each notice or other communication which may be or is required to be
given under this Agreement shall be in writing and shall be deemed to have been
properly given when delivered by e-mail or personally during the normal business
hours of the party to whom such communication is directed, or upon receipt when
sent by United States registered or certified mail, return receipt requested,
postage prepaid, to the following addresses as may be designated by the
appropriate party; however, each party has a right to designate a different
address by giving the other party fifteen (15) days prior written notice of such
designation:
If to BYFO:
Henry Grimes
President, BYFO
3409 Sedaila Ranch RD
Roanoke, TX 76262
If to TOWN:
Adam Adams
Director of Parks and Recreation
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
7.05 Claims Against Parties: Each party shall be responsible for defending and/or
disposing of all causes arising against the respective party as a result of its use
or occupation of Independence Park. It is expressly understood and agreed that
in the execution of this Agreement, neither TOWN nor BYFO waives, nor shall be
deemed to waive, any immunity or defense that would otherwise be available to
each against claims arising in the exercise of governmental powers and
functions.
7.06 Entire Agreement: This Agreement contains the entire agreement of the parties
hereto, and no other oral or written commitments shall have any force or effect if
not contained herein.
7.07 Severability: In case any one (1) or more of the provisions contained herein
shall for any reason be held to be invalid, illegal or unenforceable in any respect,
2016 Non-Exclusive Use Agreement with BYFO Page 7 of 13
Town Council Page 256 of 282 Meeting Date: November 10, 2015
such invalidity, illegality or unenforceability shall not affect any other provision
thereof, and this Agreement shall be construed as if such invalidity, illegality or
unenforceable provision had never been contain herein.
7.08 Authority: The undersigned officers and/or agents are authorized to execute this
Agreement on behalf of the parties hereto, and each party hereto certifies to the
other that any necessary resolutions extending such authority have been duly
passed and are now in full force and effect.
7.09 Defective Conditions. BYFO shall promptly report to TOWN any defects or
dangerous conditions it discovers on or concerning Independence Park or other
TOWN property, and shall cease any such use until such defect or condition is
repaired or cured, provided TOWN shall not have an obligation to repair or cure
any such defect of condition.
VIII.
TERMINATION
8.01 Termination for Cause. Upon the occurrence of any one or more of the
following events, the Town in its sole discretion may elect to terminate this
Agreement upon ten (10) days written notice of default to BYFO:
A. The BYFO fails to maintain a simple majority of Board Members who reside in
Trophy Club or Roanoke and neither the position of President, Vice-
President, Treasurer nor the position of Secretary is held by a resident of the
Town of Trophy Club; and
B. BYFO fails to take action to appoint a Trophy Club resident to at least one (1)
of the required positions set forth in subsection “A” within sixty (60) days after
the date upon which none of the required positions are held by a Trophy Club
resident.
C. BYFO defaults by failing to timely remit payment to TOWN in accordance with the
provisions of this Agreement or otherwise defaults upon any one or more of its
obligations under this Agreement, and BYFO has failed to remedy such default within
ten (10) days of the date of TOWN’S written notice of default to BYFO.
8.02 Termination Without Cause. Either party may terminate this Agreement with or
without cause, by giving sixty (60) days prior written notice of the date of
termination to the other party. Upon termination, all permanent improvements
shall remain the property of TOWN and all personal property shall remain the
property of the party paying for such personal property. Removal of personal
property or improvements shall be subject to the terms contained herein.
However, all personal property and improvements remaining on Independence
Park property for sixty (60) days after the date of termination of this Agreement
shall become the personal property and improvements of the TOWN.
2016 Non-Exclusive Use Agreement with BYFO Page 8 of 13
Town Council Page 257 of 282 Meeting Date: November 10, 2015
IX.
REMEDIES AND PENALTIES
9.01 Remedies. No right or remedy granted or reserved to the parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each
shall be cumulative of every other right or remedy given hereunder. No covenant
or condition of this Agreement may be waived without written consent of the
parties. Forbearance or indulgence by either party shall not constitute a waiver of
any covenant or condition to be performed pursuant to this Agreement.
9.02 Penalties. In addition to all other rights and remedies of TOWN under the terms
of this Agreement and Town Ordinance, as a penalty for violation of any of the
terms or conditions of this agreement or of a Town Ordinance when such
violation results in damage to TOWN property or facilities, BYFO shall pay the
actual cost of the repair of such damage plus a fifty dollar ($50,00) per hour for
each TOWN staff person utilized to make the repair. Further, in addition to the
foregoing penalty and all other remedies legally available to TOWN, In the event
that participants, guests or spectators at a BYFO scheduled activity engage in
any action or behavior, whether intentional or negligent, that causes or results in
damage to TOWN property, BYFO shall pay the actual cost of the repair of such
damage plus a fifty dollar ($50.00) fee per hour for each Town staff person
utilized to make the repair.
X.
APPLICABLE LAW
This Agreement is governed by the laws of the State of Texas; exclusive venue
for any action shall be in Denton County, Texas.
XI.
ASSIGNMENT
BYFO shall not assign, sublet, subcontract or transfer all or a portion of its rights
or obligations under this Agreement without the prior written approval of the TOWN.
2016 Non-Exclusive Use Agreement with BYFO Page 9 of 13
Town Council Page 258 of 282 Meeting Date: November 10, 2015
XII.
GENERAL REQUIREMENTS
12.01 Financials. BYFO shall provide financials to the Town on or before the last
Monday in February for the previous Fall Season. This requirement shall survive
termination and/or expiration of this Agreement.
12.02 Reports. On or before the twenty-first (21 st) day following the commencement of
the Fall Season, BYFO shall provide a written report identifying the total number
of BYFO registered players, the city of residence for each such player and the
associated age division for each such player.
12.03 Board Members. On or before the twenty-first (21st) day following the
commencement of the Fall Season, BYFO shall provide a list of the names and
city of residence for each BYFO board member.
12.04 Background Checks. BYFO shall require that each person volunteering to serve
as a board member, head coach and/or an assistant coach, or in any other
capacity pass a background check. Additionally, all adult umpires shall be
required to successfully pass a background check. BYFO approved standards for
successful completion of a background check shall be provided to TOWN, and
any person failing to meet such standards shall not be allowed to volunteer,
serve or otherwise work for BYFO in any manner or capacity.
BYFO
By: ________________________________
Henry Grimes, President BYFO
TOWN OF TROPHY CLUB, TEXAS
By: ________________________________
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
By: ________________________________
Holly Fimbres, Town Secretary
2016 Non-Exclusive Use Agreement with BYFO Page 10 of 13
Town Council Page 259 of 282 Meeting Date: November 10, 2015
Town of Trophy Club, Texas
APPROVED AS TO FORM:
By: ________________________________
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
2016 Non-Exclusive Use Agreement with BYFO Page 11 of 13
Town Council Page 260 of 282 Meeting Date: November 10, 2015
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF DENTON and TARRANT §
This instrument was acknowledged before me on the _____ day of
___________________, 2015 by C. Nick Sanders, Mayor of the TOWN OF TROPHY
CLUB, TEXAS, a home rule municipal corporation, on behalf of such corporation.
______________________________
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
___________________, 2015 by Henry Grimes, President of the BYFO, a nonprofit
corporation, on behalf of such corporation.
______________________________
Notary Public in and for the
State of Texas
2016 Non-Exclusive Use Agreement with BYFO Page 12 of 13
Town Council Page 261 of 282 Meeting Date: November 10, 2015
EXHIBIT “A”
(TOWN FIELD TO BE USED BY BYFO)
INDEPENDENCE PARK;
Football Practice Field
Multi-use field adjacent to pool parking lot
Independence East Parking lot
2016 Non-Exclusive Use Agreement with BYFO Page 13 of 13
Town Council Page 262 of 282 Meeting Date: November 10, 2015
Town Council Page 263 of 282 Meeting Date: November 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0730-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/30/2015 Town Council
On agenda:Final action:11/10/2015
Title:Consider and take appropriate action regarding an ordinance of the Town amending Article 2, “Traffic
and Vehicles” of Chapter 10, “Public Safety” of the Code of Ordinances repealing Section 2.05(E),
“Overnight Parking” and adopting a new Section 2.05(E) “Overnight Parking” regulating the parking of
vehicles between the hours of 3:00 a.m. and 5:00 a.m. each day; providing a penalty; and providing
an effective date.
Attachments:Staff Report - Amending Overnight Parking.pdf
Current ORD 2011-39.pdf
Draft ORD 2015-40 - Amending Overnight Parking.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an ordinance of the Town amending Article 2, “Traffic and Vehicles” of
Chapter 10, “Public Safety” of the Code of Ordinances repealing Section 2.05(E), “Overnight Parking” and adopting a new
Section 2.05(E) “Overnight Parking” regulating the parking of vehicles between the hours of 3:00 a.m. and 5:00 a.m. each
day; providing a penalty; and providing an effective date.
Town Council Page 264 of 282 Meeting Date: November 10, 2015
To: Mayor and Town Council
From: Patrick Arata, Police Chief
CC: Stephen Seidel, Town Manager
Holly Fimbres, Town Secretary
Re: 3 to 5 Parking Ordinances
Town Council Meeting, November 10, 2015
Agenda Item:
Consider and take appropriate action regarding an ordinance of the Town amending Article 2, “Traffic
and Vehicles” of Chapter 10, “Public Safety” of the Code of Ordinances repealing Section 2.05(E),
“Overnight Parking” and adopting a new Section 2.05(E) “Overnight Parking” regulating the parking of
vehicles between the hours of 3:00 a.m. and 5:00 a.m. each day; providing a penalty; and providing an
effective date.
Explanation:
The Trophy Club Police Department has made the recommended changes regarding the 3 to 5 street
parking. Currently, Town of Trophy Club Ordinance No. 2011-39 restricts street parking from 3 A.M. to 5
A.M.
The changes listed below would allow over night street parking:
• Up to 90 days for a temporary permit per year;
• Removed Proof of registration requirement for a permit;
• Permits expiring one year from the date of issuance;
• Allowed two (2) permits per address requested;
• Permit fee of $100.00 for the annual permit;
Items for discussion:
• Fees for temporary permit (section 4), the PD recommends $30.00 for the 90 day permit.
Attachments:
• Current Ordinance – ORD No. 2011-39
• Draft Ordinance No. 2015-40
Page 1 of 1
Town Council Page 265 of 282 Meeting Date: November 10, 2015
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-39
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ARTICLE 2 ENTITLED "TRAFFIC AND VEHICLES" OF
CHAPTER 10 ENTITLED "PUBLIC SAFETY" OF THE CODE OF
ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS BY
REPEALING SECTION 2.05 (E) ENTITLED "OVERNIGHT PARKING"
AND ADOPTING A NEW SECTION 2.05 (E) REGULATING
OVERNIGHT PARKING"; PROVIDING FOR THE INCORPORATION
OF PREMISES; PROVIDING FOR AMENDMENTS TO THE
REGULATIONS GOVERNING PARKING BETWEEN THE HOURS OF
3:00 A.M. AND 5:00 A.M. EACH DAY; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS
500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town has evaluated Section 2.05 (E) entitled "Overnight
Parking" of Article 2 entitled "Traffic and Vehicles" of Chapter 10 entitled "Public Safety"
of the Code of Ordinances of the Town which provides for regulations governing
overnight parking within the Town; and
WHEREAS, unimpeded visibility of homes and driveways assists in effective
crime prevention efforts; and
WHEREAS, the Town Council has determined it to be in the best interest of the
Town and its residents to revise the regulations currently in effect which prohibit
parking on roadways between the hours of 3:00 a.m. to 5:00 a.m.; and
WHEREAS, the Town Council having reviewed the proposed revisions to Section
2.05 (E) "Overnight Parking" and having reviewed the fees associated with the
permitting structure proposed, has determined that the regulations are reasonable and
necessary and that the fees reasonably cover the majority of associated costs of
administration of the permit; and
WHEREAS, the Town Council hereby finds that the repeal of the regulations
contained in the existing Section 2.05(E) and the adoption of the new regulations of
Section 2.05(E) serves the best interests of the health, safety and welfare of the citizens
of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Town Council Page 266 of 282 Meeting Date: November 10, 2015
I.
INCORPORATION OF PREAMBLE
That the above and foregoing preamble is true and correct and is incorporated herein as
if copied herein in its entirety.
II.
AMENDMENTS
2.01 Section 2.05 (E) entitled "Overnight Parking" of Article II entitled " Traffic and
Vehicles" of Chapter 10 entitled "Public Safety" of the Code of Ordinances of the Town
of Trophy Club is hereby repealed in its entirety and a new Section 2.05(E) entitled
Overnight Parking" of Article II entitled "Traffic and Vehicles" of Chapter 10 entitled
Public Safety" of the Code of Ordinances of the Town of Trophy Club is hereby
adopted to be and read in its entirety as follows:
E. Overnight Parking
1. Prohibition -Restricted Hours.
It shall be unlawful for any person to stand or park any motor vehicle, trailer,
mobile home, motor home or boat along or upon any public highway, street, alley
or other public right-of-way located within the Town between the hours of 3:00
a.m. and 5:00 a.m. each day (hereinafter "Restricted Hours"). This prohibition
shall not be applicable to any motor vehicle which is being used for emergency
purposes, to the operation of any motor vehicle being used by a utility company
for repair purposes, or to any governmental vehicle being used for necessary
governmental purposes.
2. Authority to Park During Restricted Hours -Annual Permit -Fee.
Any person who desires to stand or park a Motor Vehicle upon a public highway,
street, alley or other public right-of-way during Restricted Hours shall purchase a
permit authorizing the same from the Town, provided however, a permit shall
only be allowed if there are three (3) or more vehicles registered to the address
of the person requesting the permit. A maximum of two (2) permits may be
issued per household. A permit shall be displayed in the front windshield of a
Motor Vehicle registered at the address of the applicant so that the permit is
plainly visible to a person standing outside of the Motor Vehicle. Any Motor
Vehicle parked as permitted by this section shall be parked in front of the
residence for which the annual permit has been issued in such a manner as not
to obstruct access to the private driveways of neighboring residents.
ORO 2011-39 Page 2 of 5
Town Council Page 267 of 282 Meeting Date: November 10, 2015
A permit shall be issued to a specific residence address and may be transferred
to any vehicle registered at that address. Permits are not transferrable to a third
party.
A fee of one hundred fifty dollars ($150.00) per permit shall be charged for the
issuance of each permit. The annual renewal fee, shall be seventy-five dollars
75.00) per permit. All Permits shall be valid from January 1 until December 31
annually regardless of date of issuance. Permit fees shall not be prorated.
3. Authority to Park During Restricted Hours
Circumstances.
Extraordinary
Special permission to park on any public highway, street, alley or other public
right-of-way during the Restricted Hours may be granted by the Chief of Police or
his designee. Such permission shall only be granted if the Chief of Police or his
designee determines that Extraordinary Circumstances exist. Extraordinary
Circumstances may include driveway repair, home repair or rehabilitation
requiring temporary alternative driveway usage, temporary visitor parking when
capacity of driveway is insufficient to hold all Motor Vehicles, mechanical
breakdown of Motor Vehicles, and/or other similar temporary and unusual
circumstances. Upon a determination by the Chief of Police or his designee that
Extraordinary Circumstances exist, permission to park on a public highway,
street, alley or other public right-of-way during Restricted Hours may be granted
for a period not to exceed three (3) consecutive days. Under no circumstances
shall permission to park during Restricted Hours be granted if in the sole
determination of the Chief of Police or his designee, the request may result in a
traffic hazard or may impede the access of emergency or other Vehicles. Any
Motor Vehicle parked as permitted by this section shall be parked in front of the
residence for which the Extraordinary Circumstances exist in such a manner as
not to obstruct access to the private driveways of neighboring residents.
4. Authority to Park During Restricted Hours -Temporary Permit -Fee.
In lieu of purchasing an annual permit, a person who meets the requirements of
Section (E)(2) above, or in the event that the need for parking due to an
Extraordinary Circumstance extends beyond three (3) consecutive days, a
person who desires to stand or park a Motor Vehicle upon a public highway,
street, alley or other public right-of-way during Restricted Hours, may purchase a
temporary permit from the Town. A temporary permit authorized by this section
shall be issued for a period not to exceed seven (7) days. The temporary
parking permit fee shall be ten dollars ($10.00) and may be renewed one (1) time
per calendar year upon application for an extension and payment of a renewal
fee of ten dollars ($10.00). No more than two (2) temporary parking permits and
two (2) renewals of seven (7) days each may be issued for each residence per
calendar year. If the need for a temporary parking permit results from driveway
repairs being performed by or under the direction of a public utility company or a
ORO 2011-39 Page 3 of 5
Town Council Page 268 of 282 Meeting Date: November 10, 2015
governmental entity, including without limitation the Town or MUD1, the permit
fee imposed by this Section shall be waived. Any Motor Vehicle parked as
permitted by this section shall be parked in front of the residence for which the
temporary permit has been issued in such a manner as not to obstruct access to
the private driveways of neighboring residents.
5. Motor Vehicles Ineligible for Restricted Hours Parking Permit.
Parking permits issued to residences under this Section shall not be allowed for
use in Semi-trailers, Trailers, Truck-tractors or Motor Vehicles with more than %
ton carrying capacity. "
III.
SAVINGS AND REPEALER CLAUSE
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of
the provisions of such Ordinances except for those instances where there are direct
conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at
the time this Ordinance shall take effect and that are inconsistent with this Ordinance
are hereby repealed to the extent that they are inconsistent with this Ordinance.
Provided however, that any complaint, action, claim or lawsuit which has been initiated
or has arisen under or pursuant to such Ordinance on the date of adoption of this
Ordinance shall continue to be governed by the provisions of that Ordinance and for
that purpose the Ordinance shall remain in full force and effect.
IV.
SAVINGS CLAUSE
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to
any and all Violations of the provisions of any other Ordinance affecting the parking
between the hours of 3:00 a.m. and 5:00 a.m. within the Town on each day and which
have secured at the time of the effective date of this Ordinance; and, as to such accrued
Violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such Ordinances same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
V.
SEVERABILITY CLAUSE
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
its application to any person or circumstance is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance; and the Town Council hereby declares it would have passed
such remaining portions of the Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
ORD 2011-39 Page 4 of5
Town Council Page 269 of 282 Meeting Date: November 10, 2015
VI.
PUBLICATION CLAUSE
The Town Secretary of the Town of Trophy Club is hereby directed to the Caption,
Penalty Clause, and Effective Date Clause of this Ordinance as required by Section
52.011 of the Texas Local Government Code.
VII.
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 Five Hundred Dollars
500.00), and a separate offense shall be deemed committed upon each day during or
on which a violation occurs or continues. The penalty provided herein shall be
cumulative of all other remedies available for enforcement of the provisions of this
Ordinance. The remedy provided herein shall be cumulative of all other remedies
authorized by law.
VIII.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in the Ordinance records of the Town and to properly record
this Ordinance in accordance with the Town Charter.
IX.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and
publication as required by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this the 14th day of November, 2011.
d/ll4u' Jai!;t
Mayor Connie White
Town of Trophy Club, Texas
APPROVED AS TO FORM:
ORO 2011-39 Page 5 of 5
Town Council Page 270 of 282 Meeting Date: November 10, 2015
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2015-40
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ARTICLE 2 ENTITLED “TRAFFIC AND VEHICLES” OF
CHAPTER 10 ENTITLED “PUBLIC SAFETY” OF THE CODE OF
ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS BY
REPEALING SECTION 2.05(E) ENTITLED “OVERNIGHT PARKING”
AND ADOPTING A NEW SECTION 2.05(E) REGULATING
“OVERNIGHT PARKING”; PROVIDING FOR THE INCORPORATION
OF PREMISES; PROVIDING FOR AMENDMENTS TO THE
REGULATIONS GOVERNING PARKING BETWEEN THE HOURS OF
3:00 A.M. AND 5:00 A.M. EACH DAY; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS
($500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town has evaluated Section 2.05(E) entitled “Overnight Parking”
of Article 2 entitled “Traffic and Vehicles” of Chapter 10 entitled “Public Safety” of the
Code of Ordinances of the Town which provides for regulations governing overnight
parking within the Town; and
WHEREAS, unimpeded visibility of homes and driveways assists in effective
crime prevention efforts; and
WHEREAS, the Town Council has determined it to be in the best interest of the
Town and its residents to revise the regulations currently in effect which prohibit
parking on roadways between the hours of 3:00 a.m. to 5:00 a.m.; and
WHEREAS, the Town Council having reviewed the proposed revisions to Section
2.05(E) “Overnight Parking” and having reviewed the fees associated with the permitting
structure proposed, has determined that the regulations are reasonable and necessary
and that the fees reasonably cover the majority of associated costs of administration of
the permit; and
WHEREAS, the Town Council hereby finds that the repeal of the regulations
contained in the existing Section 2.05(E) and the adoption of the new regulations of
Section 2.05(E) serves the best interests of the health, safety and welfare of the citizens
of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Town Council Page 271 of 282 Meeting Date: November 10, 2015
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.
AMENDMENTS
2.01 Section 2.05(E) entitled “Overnight Parking” of Article II entitled “Traffic and
Vehicles” of Chapter 10 entitled “Public Safety” of the Code of Ordinances of the Town
of Trophy Club is hereby repealed in its entirety and a new Section 2.05(E) entitled
“Overnight Parking” of Article II entitled “Traffic and Vehicles” of Chapter 10 entitled
“Public Safety” of the Code of Ordinances of the Town of Trophy Club is hereby
adopted to be and read in its entirety as follows:
“E. Overnight Parking
1. Prohibition – Restricted Hours.
It shall be unlawful for any person to stand or park any motor vehicle, trailer,
mobile home, motor home or boat along or upon any public highway, street, alley
or other public right-of-way located within the Town between the hours of 3:00
a.m. and 5:00 a.m. each day (hereinafter “Restricted Hours”). This prohibition
shall not be applicable to any motor vehicle which is being used for emergency
purposes, to the operation of any motor vehicle being used by a utility company
for repair purposes, or to any governmental vehicle being used for necessary
governmental purposes.
2. Authority to Park During Restricted Hours – Annual Permit – Fee.
Any person who desires to stand or park a Motor Vehicle upon a public highway,
street, alley or other public right-of-way during Restricted Hours shall purchase a
permit authorizing the same from the Town, provided however, a permit shall
only be allowed if there are two (2) or more vehicles at the address of the person
requesting the permit. A maximum of two (2) annual permits may be issued per
household. A permit shall be displayed in the front windshield of a Motor Vehicl e
registered at the address of the applicant so that the permit is plainly visible to a
person standing outside of the Motor Vehicle. Any Motor Vehicle parked as
permitted by this section shall be parked in front of the residence for which the
annual permit has been issued in such a manner as not to obstruct access to the
private driveways of neighboring residents.
A permit shall be issued to a specific residence address and may be transferred
to any vehicle at that address. Permits are not transferrable to a third party.
ORD 2015-40 Page 2 of 5
Town Council Page 272 of 282 Meeting Date: November 10, 2015
A fee of one hundred dollars ($100.00) per permit shall be charged for the
issuance of each permit. The annual renewal fee, shall be one hundred dollars
($100.00) per permit. All Permits shall be valid for one (1) year from the date of
issuance.
3. Authority to Park During Restricted Hours – By Special Permission.
Special permission to park on any public highway, street, alley or other public
right-of-way during the Restricted Hours may be granted by the Chief of Police or
his designee in accordance with this section. A person may park or stand a
vehicle owned or controlled by him/her on a public street, highway or other public
right-of-way between the hours of 3: 00 a.m. and 5:00 a.m., provided that notice
of such parking or standing is given to the Chief of Police or designee no later
than 5:00 p.m. of the immediately previous day. Such parking or standing shall
not exceed seven (7) consecutive days in any one (1) thirty (30) day period. Any
vehicle parked as permitted by this section shall be parked directly in front of the
residence being visited in such a manner as not to obstruct access to the private
driveways of neighboring residents. Under no circumstances shall permission to
park during Restricted Hours be granted if in the sole determination of the Chief
of Police or his designee, the request may result in a traffic hazard or may
impede the access of emergency or other Vehicles.
4. Authority to Park During Restricted Hours – Temporary Permit – Fee.
In lieu of purchasing an annual permit, when the need for parking extends
beyond seven (7) consecutive days, a person who desires to stand or park a
Motor Vehicle upon a public highway, street, alley or other public right-of-way
during Restricted Hours may purchase a temporary permit from the Town. A
temporary permit authorized by this section shall be issued for a period not to
exceed ninety (90) days within one (1) year from the date of issuance. The
temporary parking permit fee shall be __ dollars ($__) and shall be valid for one
(1) year from the date of issuance of the permit. If the need for a temporary
parking permit results from driveway repairs being performed by or under the
direction of a public utility company or a governmental entity, including without
limitation the Town or MUD1, the permit fee imposed by this Section shall be
waived. Any Motor Vehicle parked as permitted by this section shall be parked in
front of the residence for which the temporary permit has been issued in such a
manner as not to obstruct access to the private driveways of neighboring
residents. Under no circumstances shall a Permit to park during Restricted Hours
be granted if in the sole determination of the Chief of Police or his designee, the
request may result in a traffic hazard or may impede the access of emergency or
other Vehicles.
ORD 2015-40 Page 3 of 5
Town Council Page 273 of 282 Meeting Date: November 10, 2015
5. Motor Vehicles Ineligible for Restricted Hours Parking Permit.
Parking permits issued to residences under this Section shall not be allowed for
use in Semi -trailers, Trailers, Truck-tractors or non-operable Motor Vehicles.”
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal
any of the provisions of such Ordinances except for those instances where there are
direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in
force at the time this Ordinance shall take effect and that are inconsistent with this
Ordinance are hereby repealed to the extent that they are inconsistent with this
Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to such Ordinance on the date of
adoption of this Ordinance shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall remain in full force and effect.
SECTION 4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved
as to any and all Violations of the provisions of any other Ordinance affecting the
parking between the hours of 3:00 a.m. and 5:00 a.m. within the Town on each day and
which have secured at the time of the effective date of this Ordinance; and, as to such
accrued Violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such Ordinances same shall not be affected by this Ordinance but
may be prosecuted until final disposition by the courts.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or its application to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance; and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
ORD 2015-40 Page 4 of 5
Town Council Page 274 of 282 Meeting Date: November 10, 2015
SECTION 7.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred
Dollars ($500.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues. The penalty provided herein shall be
cumulative of all other remedies available for enforcement of the provisions of this
Ordinance. The remedy provided herein shall be cumulative of all other remedies
authorized by law.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in the Ordinance records of the Town and to properly record
this Ordinance in accordance with the Town Charter.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and
publication as required by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this the 10th day of November, 2015.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST: APPROVED AS TO FORM:
Holly Fimbres, Town Secretary Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas Town of Trophy Club, Texas
ORD 2015-40 Page 5 of 5
Town Council Page 275 of 282 Meeting Date: November 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0732-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/30/2015 Town Council
On agenda:Final action:11/10/2015
Title:Town Manager Seidel's update regarding the following; discussion and provide input regarding same.
*Joint Police and Town Hall Facility
*Christmas Event
*Police K-9 Officer Badge Pinning Ceremony
*PID Bond Refunding
*Pebble Beach
*Economic Development
Attachments:
Action ByDate Action ResultVer.
Town Manager Seidel's update regarding the following; discussion and provide input regarding same.
*Joint Police and Town Hall Facility
*Christmas Event
*Police K-9 Officer Badge Pinning Ceremony
*PID Bond Refunding
*Pebble Beach
*Economic Development
Town Council Page 276 of 282 Meeting Date: November 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0733-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/30/2015 Town Council
On agenda:Final action:11/10/2015
Title:Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming
Regular Session Council Agenda for December 8, 2015 meeting and discussion of Future Agenda
Items, to include discussion of the below item from the Future Agenda List:
A) Consider and take appropriate action regarding adding a parking lot between the baseball
fields. (Reed 8/11/2015) (1-November 10)
Attachments:December 8, 2015 Upcoming Agenda.pdf
Items for Future Agendas updated 11-3-2015.pdf
Action ByDate Action ResultVer.
Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session
Council Agenda for December 8, 2015 meeting and discussion of Future Agenda Items, to include discussion of the
below item from the Future Agenda List:
A) Consider and take appropriate action regarding adding a parking lot between the baseball fields. (Reed
8/11/2015) (1-November 10)
Town Council Page 277 of 282 Meeting Date: November 10, 2015
Meeting Date 12/8/2015
No.Consent STAFF
RPT RES ORD PROC File ID Dept
1 Consider and take appropriate action regarding the Minutes dated October 27,
2015.Town Sec
2 Consider and take appropriate action regarding the Minutes dated November 10,
2015.Town Sec
3 Consider and take appropriate action regarding the Minutes dated November 13,
2015.Town Sec
No.Regular Session STAFF
RPT RES ORD PROC File ID Dept
4 Consider and take appropriate action regarding an Ordinance of the Town Council
to designate a person to serve as Chair of the Zoning Board of Adjustment. Town Sec
5 Receive an update from Susan Edstrom regarding the Animal Ordinance;
discussion of same.Police
6
Consider and take appropriate action regarding the Police and Town Hall facility;
receive an update from Tom Batenhorst with GSBS; discussion of same.Town Mgr
7
Consider and take appropriate action regarding the Trophy Club Women’s Club
donation to the Town for the purchase tables and chairs for special events and
activities.
Parks
8 Consider and take appropriate action regarding the Veterans Memorial.Parks
9 Consider and take appropriate action regarding a Site Plan for Breadwinners.Com Dev
10 Consider and take appropriate action regarding a Specific Use Permit for Bread
Winners for the sale of alcohol.Com Dev
11
Consider and take appropriate action regarding an Agreement between the Town
of Trophy Club and Greater Northwest Soccer Association; and authorizing the
Mayor or his designee to execute all necessary documents.
Parks
12 Consider and take appropriate action regarding the Public, Educational and
Government (PEG) channel fee. Finance
13
Consider and take appropriate action regarding an Agreement between the Town
and Marshall Creek Ranch for horse entry fees;and authorizing the Mayor or his
designee to execute all necessary documents.
Parks
14 Town Council Liaison Updates; discussion of same: Town Sec
15 Town Manager Seidel's update regarding the following; discussion and provide
input regarding same.Town Mgr
No.Upcoming Agenda & Council Future Agenda Items List Update STAFF
RPT RES ORD PROC File ID Dept
16
Items for Future Agendas to include discussion of Agenda Items for consideration
on the upcoming Regular Session Council Agenda for January 12, 2016 meeting
and discussion of Future Agenda Items, to include discussion of the below items
from the Future Agenda List:
Town Sec
A) Consider and take appropriate action regarding signage in medians at Trophy
Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders
7/22/2014) (1-Oct 28 Agenda) (2-Feb 10) (3-May 12) (4-August 11) (5-November
24)
B) Review ordinances regarding Town Homes, Condos and apartments. (Sanders
8/4/2014) (1-Nov 13) (2-Feb 24) (3-May 26) (4-August 11) (5-November 24)
C) Discussion of possible uses of hotel occupancy tax funds, including the ability to
use the funds for Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1-July 14) (2-
November 24)Town Council Page 278 of 282 Meeting Date: November 10, 2015
D) Discussion and action related to town garage/special/estate/moving sales, etc.
(Sanders 4/28/2015) (1-July 28) (2-November 24)
E) Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August
25) (2-November 24)
F) Town Staff research and present options for the Town to purchase the clock
tower and the land around it. (Reed 5/26/2015) (1-August 25) (2-November 24)
No.Executive Session STAFF
RPT RES ORD PROC File ID Dept
17
Pursuant to the following designated sections of the Texas Government Code,
Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into
executive session to discuss the following: Town Sec
No.Regular Session STAFF
RPT RES ORD PROC File ID Dept
18 Consider and take appropriate action regarding the Executive Session.Town Sec
Town Council Page 279 of 282 Meeting Date: November 10, 2015
Town Council Future Agenda Items List
(Updated 11/3/2015)
1. Consider and take appropriate action regarding signage in medians at Trophy Club Drive,
Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28
Agenda) (2-Feb 10) (3-May 12) (4-August 11) (5-November 24)
10/28/2014 – Council discussed and would like a plan brought back on a future agenda.
2/10/2015 – Mayor Sanders provided update including examples of Southlake signage.
5/12/2015 – No new update provided.
7/15/2015 – Will be placed on the August 25, 2015 agenda for an update.
8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this
item.
2. Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1-
Nov 13) (2-Feb 24) (3-May 26) (4-August 11) (5-November 24)
2/24/2015 – Acting Town Manager Seidel provided update (waiting to fill vacant Planning
position).
5/12/2015 – Mayor Sanders provided an update that this item will be discussed once the
vacant Planning position is filled.
7/15/2015 – Will be placed on the August 25, 2015 agenda for an update.
8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this
item.
3. Consider and take appropriate action regarding adding a parking lot between the baseball
fields. (Reed 8/11/2015) (1-November 10)
4. Discussion of possible uses of hotel occupancy tax funds, including the ability to use the
funds for Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1-July 14) (2-November 24)
7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda.
8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this
item.
5. Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders
4/28/2015) (1-July 28) (2-November 24)
7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda.
8/25/2015 – Mayor Sanders commented to possibly look at this item at the end of the year
in time for the next Women’s Garage Sale.
6. Receive an update only regarding the Holiday Inn and have the owner and general
contractor present in order to inform the citizens of their status. (Reed 4/28/15) (1-July 28)
(2-October 13)(3-January 12, 2016)
7/14/2015 – Town Manager Seidel provided an update that Holiday Inn is making progress
and that Town Staff has been meeting with their Structural Engineer.
10/22/2015 – Town Staff anticipates Holiday Inn to submit a Site Plan change.
7. Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25) (2-
November 24)
8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this
item.
8. Town Staff research and present options for the Town to purchase the clock tower and the
land around it. (Reed 5/26/2015) (1-August 25) (2-November 24)
8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this
item.
Page 1 of 1
Town Council Page 280 of 282 Meeting Date: November 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0734-T Name:
Status:Type:Agenda Item Executive Session
File created:In control:10/30/2015 Town Council
On agenda:Final action:11/10/2015
Title:Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter
551 (Texas Open Meetings Act), the Council will convene into closed executive session to discuss the
following:
Texas Government Code Section 551.071(2) Consultation with Attorney, in order to consult
with its attorney on a matter in which the duty of the attorney to the Governmental Body under the
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open
Meetings Act:
A) Legal Advice regarding water rate review request, and Public Utility Commission of Texas
appeal process
Attachments:
Action ByDate Action ResultVer.
Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open
Meetings Act), the Council will convene into closed executive session to discuss the following:
Texas Government Code Section 551.071(2) Consultation with Attorney, in order to consult with its attorney on a
matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act:
A) Legal Advice regarding water rate review request, and Public Utility Commission of Texas appeal process
Town Council Page 281 of 282 Meeting Date: November 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0735-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/30/2015 Town Council
On agenda:Final action:11/10/2015
Title:Consider and take appropriate action regarding the Executive Session.
Attachments:
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the Executive Session.
Town Council Page 282 of 282 Meeting Date: November 10, 2015