Agenda Packet TC 08/23/2016
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Town CouncilPage 1 of 313Meeting Date: August 23, 2016
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Town CouncilPage 2 of 313Meeting Date: August 23, 2016
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Town CouncilPage 3 of 313Meeting Date: August 23, 2016
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Town CouncilPage 4 of 313Meeting Date: August 23, 2016
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Town CouncilPage 5 of 313Meeting Date: August 23, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-447-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:8/9/2016 In control:Town Council
On agenda:8/23/2016 Final action:
Title:Town Manager Seidel's update regarding the following; discussion and provide input regarding same
(Staff):
*PetFest
*Community Clean-Up
*Town Hall Construction
Attachments:
DateVer.Action ByActionResult
Town Manager Seidel's update regarding the following; discussion and provide input regarding same (Staff):
*PetFest
*Community Clean-Up
*Town Hall Construction
Town CouncilPage 6 of 313Meeting Date: August 23, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-449-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:8/9/2016 In control:Town Council
On agenda:8/23/2016 Final action:
Title:Consider and take appropriate action regarding the Minutes dated August 4, 2016 (Staff).
Attachments:Draft TC Minutes August 4, 2016.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the Minutes dated August 4, 2016 (Staff).
Town CouncilPage 7 of 313Meeting Date: August 23, 2016
MINUTES FROM TOWN COUNCIL BUDGET WORKSHOP SESSION
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Thursday, August 4, 2016 at 6:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Budget Workshop Session on Thursday, August 4,
2016. 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
Garrett Reed Council Member, Place 2
Rhylan Rowe Council Member, Place 3
Tim Kurtz Council Member, Place 4
TOWN COUNCIL MEMBERS ABSENT:
Jim Parrow Council Member, Place 1
Philip Shoffner Council Member, Place 6
STAFF AND GUEST(S) PRESENT:
Stephen Seidel Town Manager
Steven Glickman Assistant Town Manager/CFO
Holly Fimbres Town Secretary/RMO
Adam Adams Parks and Recreation Director
Patrick Arata Police Chief
Pat Cooke Development Services Manager
Carmel Fritz Human Resources Manager
Town Controller
Amber Karkauskas
Rick Lasky Interim Fire Chief
Mike Pastor Information Services Director
Ron Ruthven Town Planner
John Zagurski Strategic Services Coordinator
Mayor Sanders announced the date of Thursday, August 4, 2016, called the Town Council to order and announced
a quorum at 6:04 p.m.
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.
Town CouncilPage 8 of 313Meeting Date: August 23, 2016
BUDGET WORKSHOP
1. Discussion of and provide direction to Town Staff regarding Fiscal Year 2017 Supplemental and Capital items
(Council).
Assistant Town Manager/CFO Glickman provided an update regarding the Fiscal Year 2017 Supplemental and
Capital items, which included: Taxable Values; Change Summary; Capital Improvement Program; Fiscal Year 2017
Capital and Equipment Replacement; Fiscal Year 2017 Supplemental Items (One-Time Expenditures); Fiscal Year
2017 Supplemental Items (Ongoing Expenditures); Expenditure Summary; Budget Summary; and Five-Year
Forecast.
Discussion took place that the Wayfinding Signage within the Capital Improvement Program would be spread out
over several years in order to allow implementation of the entire plan.
Conversation ensued that Canterbury Hills Park within the Capital Improvement Program would be funded by
proposed bonds because it would have to be specifically identified in a proposed bond package.
Council Member Rowe suggested improving Canterbury Hills Park in Fiscal Year 2017 by pouring an approach to
allow individuals to be able to park and use the trailhead. Mayor Sanders recommended that the engineering
design be performed in Fiscal Year 2017 to establish a plan and have it funded in the future.
Staff advised that the intent was to implement street panel replacement where permissible to extend the life of
the streets within Town.
Mayor Sanders inquired if the Council would be in favor of holding a Bond Election or Town Hall meeting regarding
Capital Improvement Projects. Council’s priority was to keep the residents involved and informed regarding the
issuance of Town debt. Town Manager Seidel advised that a Bond Election to issue general obligation bonds would
want to specifically state each street in order to be eligible for reconstruction and if the proposition failed then the
Town would have to wait three (3) years to issue any debt for the proposed projects.
Council Member Rowe inquired if the workload for the Irrigation Work Truck required a high towing capacity.
Parks and Recreation Director Adams responded that the Ford F-250 has a service body which creates additional
weight and the truck would also tow a trailer as needed. He noted that Staff was moving away from diesel trucks
because they are used for long distance towing and have increased costs.
Mayor Sanders inquired about the use of the maintenance barn for storage of Town equipment. Town Manager
Seidel responded that a verbal agreement was made with the Trophy Club Municipal Utility District No. 1 General
Manager to allow for Parks and Streets to utilize the barn.
Council Member Reed was in favor of exploring the installation of a packed caliche pad with a medal building at
the new Town Hall facility to allow for storage of Town equipment.
Mayor Sanders inquired about the Backup Police Data being paid through the Court Technology or CCPD funds.
Assistant Town Manager/CFO Glickman responded that an option could be to use CCPD funds, but the item would
diminish the Court Technology fund.
Council Member Reed was in favor of proceeding with moving of the storage shed at Harmony Park. Assistant
Town Manager/CFO Glickman responded that Staff has been in the process of addressing the storage shed project
but have had issues with contractors performing the project without a design in place.
Discussion took place that the Jeff Ellis and Associates Risk Management Program item within the Fiscal Year 2017
Supplemental Items was to provide training, auditing, evaluation, and risk management consultation services of
the Aquatics facility.
Town Manager Seidel expanded on the proposed Administrative Assistant position and stated that currently a
part-time college intern was in place until the new Town Hall facility opened, which would then become a full time
position to allow for additional administrative support for several departments.
Town Council Minutes August 4, 2016 Page 2 of 3
Town CouncilPage 9 of 313Meeting Date: August 23, 2016
Council Members Reed, Rowe, and Kurtz were in favor of having an ongoing internship forcollege studentslooking
to go into municipal service for the proposed Administrative Assistant position.
Mayor Pro Tem Lamont inquired if the proposed Building Inspector/Building Maintenance Technician position
would be for inspections of building remodels. Town Manager/CFO Glickman stated that the position would be
utilized for inspections of building remodels, the substantial development of PD-30, and maintenance at the new
Town Hall facility.
Council Member Kurtz was in favor of including the plumbing repair of the women’s restroom at the Aquatics
facility within the Pool Capital Replacement item.
Mayor Sanders noted that there have been significant increases in Denton and Tarrant County property values and
that Council Member Shoffner communicated with him to possibly review reducing the Town’s tax rate for the
residents because the Town has benefited from the escalating values of homes.
Town Manager Seidel advised that tax ceilings were rising and he cautioned that the Texas Legislature was
reviewing tax caps at the beginning of January 2017 Legislative Session, which could create hardship on the Town
to make changes in the future if needed. He noted that setting the tax rate at $0.48 per $100 valuation would
impact the fund balance by $350,000 over a five (5) year period.
Council discussed possibly reducing the tax rate and continuing to run the Town efficiently while accomplishing the
Town’s top priorities.
Council Member Rowe was in favor of reviewing the reduction of the Maintenance and Operations rate.
ADJOURN
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to adjourn the meeting at 7:44 p.m.
Motion passed unanimously.
___________________________________ ___________________________________
Holly Fimbres, Town Secretary/RMO C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Minutes August 4, 2016 Page 3 of 3
Town CouncilPage 10 of 313Meeting Date: August 23, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-450-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:8/9/2016 In control:Town Council
On agenda:8/23/2016 Final action:
Title:Consider and take appropriate action regarding a Lease Agreement between the Town and Verizon
Wireless for a wireless antenna facility located on the Town’s Water Tower at 2901 Bobcat Boulevard,
Denton County, Texas; and authorizing the Mayor or his designee to execute all necessary
documents (Staff).
Attachments:Staff Report - Verizon Wireless Lease Agreement.pdf
Verizon Wireless Water Tower Lease Agreement.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingaLeaseAgreementbetweentheTownandVerizonWirelessfora
wirelessantennafacilitylocatedontheTown’sWaterTowerat2901BobcatBoulevard,DentonCounty,Texas;and
authorizing the Mayor or his designee to execute all necessary documents (Staff).
Town CouncilPage 11 of 313Meeting Date: August 23, 2016
To: Mayor and Town Council
From:Steven Glickman, Assistant Town Manager/CFO
CC: Stephen Seidel, Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Verizon Lease Agreement
Town Council Meeting, August 23, 2016
Agenda Item:
Consider and take appropriate action regarding a Lease Agreement between the Town and
Verizon Wireless for a wireless antenna facility located on the Town’s Water Tower at 2901
Bobcat Boulevard, Denton County, Texas; and authorizing the Mayor or his designee to execute
all necessary documents (Staff).
Explanation:
The Town and Verizon Wireless have been in negotiations regarding a lease of Town property
at the Town’s water tower on Bobcat Boulevard for some time. Verizon intends to install a
wireless antenna facility on the leased property. This lease would generate $30,000 per year in
revenue to be received in equal monthly installments. In addition, the site would enhance cell
service to Verizon’s customers in that area.
Attachments:
Verizon Wireless Water Tower Lease Agreement
Recommendation:
Staff recommends Council approval of the proposed lease agreement with Verizon Wireless.
Page 1 of 1
Town CouncilPage 12 of 313Meeting Date: August 23, 2016
NELSON HS / 294171
TLH / 1.14.16
WATER TOWER LEASE AGREEMENT
This WaterTower Lease Agreement (“Agreement”), made this ____day of
_______________, 20___between, a Texas home rule
TOWN OF TROPHY CLUB
municipality,with an address of100 Municipal Drive, Trophy Club, Texas 76262,
hereinafter designated LESSOR, and,
DALLAS MTA, L.P. D/B/A VERIZON WIRELESS
with its principal offices atOne 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”.
WITNESSETH
In consideration of the mutual covenants contained herein and intending to be
legally bound hereby, the Parties hereto agree as follows:
1.PREMISES.Subject to and in accordance with applicable laws, LESSOR
hereby leases to LESSEE a portion of that certain space (“the Tower Space”) on
LESSOR'swatertower, hereinafter referred to as the “Tower”, located at 2901 Bobcat
Blvd, Trophy Club, Denton County, Texas 76262, as shown on the Tax Map of Denton
County as Property ID No. 529255and as further described in Deed Book ____ at Page
____ as recorded in the Office of the Clerk of Denton County, Texas(the entirety of
LESSOR’s property is referred to hereinafter as the “Property”), together with a21' by 16'
parcel of land containing 336square feet (the “Land Space”),together with the
non-exclusive right(“the Right of Way”) for ingress and egress, seven (7) days a week,
twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the
installation and maintenance of utility wires, poles, cables, conduits, and pipes over,
under or along atwentyfoot (20') wideright-of-way extending from the nearest public
right-of-way,Bobcat Boulevard,to the Land Space; together with a five foot (5’) wide non-
exclusive utility easement for the installation and maintenance of utility wires, poles,
cables, conduits and pipes, running from the Land Space to ______________ (the “Utility
Right of Way”), and together with any further rights of way (the “Further Rights of Way”)
over and through the Property between the Land Space and the Tower Space for the
installation and maintenance of utility wires, poles, cables, conduits, and pipes. The
Tower Space, Land Space, Right of Way, Utility Right of Way,and Further Rights of Way,
if any, are substantially described in Exhibit "A", attached hereto and made apart hereof
demised premises and are collectively referred to hereinafter as the "Premises".
In the event any public utility isunable to use the Right of Way, Utility Right of
Way, or Further Rights of Way, the LESSOR hereby agrees to grant an additional
right-of-way(s) either to the LESSEE or to the public utility at no cost to the LESSEE.
LESSOR hereby grants permission to LESSEE to install, maintain and operate the
radio communications equipment, antennas and appurtenances described in Exhibit "B"
attached hereto.
Town CouncilPage 13 of 313Meeting Date: August 23, 2016
LESSEE reserves the right to replace the aforementioned equipment with similar
and comparable equipment provided said replacement does not increase tower loading of
said Tower.
2.SURVEY. LESSOR also hereby grants to LESSEE the right tosurvey the
Property and the Premises, and said survey shall then become Exhibit "C" 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; ELECTRICAL.
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 commenceand be due at a total annual rental of to be paid
$30,000.00
in equal monthly installments on the first day of the month, in advance, to LESSORor 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 25 below. The Agreement shall commence based upon the
date LESSEE commences installation of the equipment on the Premises. In the event
the date LESSEE commencesinstallation of the equipment on the Premises falls
stthst
between the 1and 15of the month, the Agreement shall commence on the 1of that
thst
month and if the date installation commences falls between the 16and 31of the
st
month, then the Agreement shall commence on the 1day 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
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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’sreasonable discretion. From time to
time during the Term of this Agreement and within thirty (30) days of a written request
from LESSEE, 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 25.
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 interestof 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.
Delivery of Rental Documentation to LESSEE by any assignee(s),transferee(s)or other
successor(s) in interestof 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 interestof LESSOR until Rental Documentation has been
supplied to LESSEE as provided herein.
c. LESSOR shall, at all times during the Term, provide electrical
service and telephone service access within the Premises. If permitted by the local
utility company servicing the Premises, LESSEE shall furnish and install an electrical
meter at the Premises for the measurement of electrical power used by LESSEE's
installation. In the alternative, if permitted by the local utility company servicing the
Premises, LESSEE shall furnish and install an electrical sub-meter at the Premises for
the measurement of electrical power used by LESSEE's installation. In the event such
sub-meter is installed, the LESSEE shall pay the utility directly for its power
consumption, if billed by the utility, and if not billed by the utility, then the LESSEE shall
pay the LESSOR thirty (30) days after receipt of an invoice from LESSOR indicating the
usage amount based upon LESSOR’s reading of the sub-meter. All invoices for power
consumption shall be sent by LESSOR to LESSEE at Verizon Wireless, M/S 3846, P.O.
Box 2375, Spokane, WA 99210-2375. LESSEE shall be permitted at any time during
the Term, to install, maintain and/or provide access to and use of, as necessary (during
any power interruption at the Premises), a temporary power source, and all related
equipment and appurtenances within the Premises, or elsewhere on the Property in
such locations as reasonably approved by LESSOR. LESSEE shall have the right to
install conduits connecting the temporary power source and related appurtenances to
the Premises.
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Town CouncilPage 15 of 313Meeting Date: August 23, 2016
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 twopercent (2%) 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 terms
thereafter until terminated by either Party by giving to the other written notice of its
intention to so terminateat least three (3) months prior to the end of such term. Annual
rental for each such additional five (5) year term shall increase by an amount equal to
three percent (3%) of the annual rentdue forthe immediately preceding lease year.
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
LESSOR demonstrates 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 LESSOR demonstrates
arises from the LESSEE’s improvements and/or LESSEE’s use of the Premises.
LESSOR and 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 Paragraph, LESSOR shall have the responsibility to pay any personal
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. LESSOR shall reasonably
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Town CouncilPage 16 of 313Meeting Date: August 23, 2016
cooperate with LESSEE at LESSEE’s expense in filing, prosecuting and perfecting any
appeal or challenge to taxes as set forth in the preceding sentence, including but not
limited to, executingany consent, appeal or other similar document. 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.In the event that LESSEE does not have the standing rights to pursue a
good faith and reasonable dispute of any taxes under this paragraph, LESSOR will
pursue such dispute at LESSEE’s sole cost and expense upon written request of
LESSEE.
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. 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 and structural analysis 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 affectthe 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 or structural analyses areunsatisfactory; (v)
LESSEE determines that the Premises is no longer technically or structurally compatible
for its use, or (vi) LESSEE, in its sole discretion, determines that the use ofthe
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
upon the mailing of such notice by LESSEE, or upon such later date as designated by
LESSEE. 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 reason prior to the date LESSEE
commences installation of the equipment on the Premises, effective upon the mailing of
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Town CouncilPage 17 of 313Meeting Date: August 23, 2016
such notice by LESSEE, or upon such later date as designated by LESSEE in such
notice.
9.INDEMNIFICATION. Subject to Paragraph 10 below, and to the extent
permitted by law, each Party shall indemnify and hold the other 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 indemnifying Party, 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 other Party, or its employees,
contractors or agents.
INSURANCE.
10.
a.Intentionally Deleted.
b.LESSEE will maintain at its own cost;
i.Commercial General Liability insurance with limits of$1,000,000 for
bodily injury (including death) and for property damage each
occurrence
ii.Commercial Auto Liability insurance on all owned, non-ownedand
hired automobiles with a combined limit of $1,000,000 each
accident
iii.Workers Compensation insurance providing the statutory benefits
and Employers Liability of $1,000,000 each accident/disease/policy
limit.
LESSEE will include LESSOR as an additional insured as their interests may
appear under this Agreement on the Commercial General Liability and Auto Liability
policies.
c. LESSOR will maintain at its own cost 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.
d.In addition, LESSOR shall obtain and keep in force during the Term a
policy or policies insuring against loss or damage to the Towerwith a commercially
reasonable valuation, as the same shall exist from time to time without a coinsurance
feature. LESSOR’s policy or policies shall insure against all risks of direct physical loss
or damage (except the perils of flood and earthquake unless required by a lender or
included in the base premium), including coverage for any additional costs resulting
from debris removal and reasonable amounts of coverage for the enforcement of any
ordinance or law regulating the reconstruction or replacement of any undamaged
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sections of the Towerrequired to be demolished or removed by reason of the
enforcement of any building, zoning, safety or land use laws as the result of a covered
loss, but not including plate glass insurance.
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
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 ofcontract, 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, LESSEE shall have the right to terminate this Agreement upon
the annual anniversary of the Commencement Date provided that at least six (6)
months’ prior notice is given to LESSOR.
13.ACCESS TO TOWER. LESSOR agrees the LESSEE shall have free
access to the Tower at all times for the purpose of installing and maintaining the said
equipment. LESSOR shall furnish LESSEE with necessary means of access for the
purpose of ingress and egress to this site and Tower location. It is agreed, however,
that only authorized engineers, employees or properly authorized contractors of
LESSEE or persons under their direct supervision will be permitted to enter said
premises.
14. TOWER COMPLIANCE. LESSOR covenants that it will keep the Tower in
good repair as required by all Laws (as defined in Paragraph 35 below). The LESSOR
shall also comply with all rules and regulations enforced by the Federal
Communications Commission with regard to the lighting, marking and painting of
towers. If the LESSOR fails to make such repairs including maintenance the LESSEE
may make the repairs and the costs thereof shall be payable to the LESSEE by the
LESSOR on demand together with interest thereon from the date of payment at the
greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by
applicable Laws. If the LESSOR does not make payment to the LESSEE within ten (10)
days after such demand, the LESSEE shall have the right to deduct the costs of the
repairs from the succeeding monthly rental amounts normally due from the LESSEE to
the LESSOR.
No materials may be used in the installation of the antennas or transmission lines
that will cause corrosion or rust or deterioration of the Tower structure or its
appurtenances.
All antenna(s) on the Tower must be identified by a marking fastened securely to
its bracket on the Tower and all transmission lines are to be tagged at the conduit
opening where it enters any user's equipment space.
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Not later than fifteen (15) days following the execution of this Agreement, LESSOR
shall supply to LESSEE copies of all structural analysis reports that have done with
respect to the Tower and throughout the Term, LESSOR shall supply to LESSEE copies
of all structural analysis reports that are done with respect to the Tower promptly after the
completion of the same.
Upon request of the LESSOR, LESSEE agrees to relocate its equipment on a
temporary basis to another location on the Property, hereinafter referred to as the
“Temporary Relocation,” for the purpose of LESSOR performing maintenance, repair or
similar work at the Property or on the Tower provided:
a.The Temporary Relocation is similar to LESSEE’s existing location in size
and is fully compatible for LESSEE’s use, in LESSEE’s reasonable
determination;
b.LESSOR pays all costs incurred by LESSEE for relocating LESSEE’s
equipment to the Temporary Relocation and improving the Temporary
Relocation so that it is fully compatible for the LESSEE’s use, in LESSEE’s
reasonable determination;
c.LESSOR gives LESSEE at least ninety (90) days written notice prior to
requiring LESSEE to relocate;
d.LESSEE’s use at the Premises is not interrupted or diminished during the
relocation and LESSEE is allowed, if necessary, in LESSEE’s reasonable
determination, to place a temporary installation on the Property during any
such relocation; and
e.Upon the completion of any maintenance, repair or similar work by
LESSOR, LESSEE is permitted to return to its original location from the
temporary location with all costs for the same beingpaid by LESSOR.
15.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 providersof 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 inwriting 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 this
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
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tenants, occupants, or usersof 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.
16.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(s), equipment, conduits, fixtures and all personal property and
restore the Premises to its original condition, reasonable wear and tear and casualty
damage excepted. LESSOR agrees and acknowledges that all of the equipment,
conduits, fixtures 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, whether or not said items are considered fixtures and attachments to real
property under applicable Laws(as defined in Paragraph 35 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.
17.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 16
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 16 and this
Paragraph 17, then the rent then in effect payable from and after the time of the
expiration or earlier removal period set forth in Paragraph 16 shall beequal to the rent
applicable during the month immediately preceding such expiration or earlier
termination.
18.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 Tower and orProperty 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 offirst refusal to meet any bona fide offer of easementon 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.
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19.RIGHTS UPON SALE. Should LESSOR, at any time during the Term
decide (i) to sell or transfer all or any part of the Property or the Tower thereon 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 Tower and or 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 hereunderunder 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 Tower and/or 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.
20.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.
21.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 furthercovenants during the Term that there are no
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 occupancyof the Premises by LESSEE as set forth above.
22.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 Partiesor 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.
23.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.Venue shall be in Denton County, Texas.
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24.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 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 transferupon partnership or corporate
dissolution of LESSEE shall constitute an assignment hereunder.
25.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,
provided the courier'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.
26.SUCCESSORS. This Agreement shall extend to and bind the heirs,
personal representative, successors and assigns of the Parties hereto.
27.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. AtLESSOR'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, Tower 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 Tower or 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
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LESSEE's right to remain in occupancy of and have access to the Premises as long as
LESSEEis 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 Tower or
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 onall 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 to attorn to Lender if Lender becomes the owner of the Tower or
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.
28.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.
29.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 written
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 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 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
provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR
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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;
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.
30.REMEDIES. Upon a default, the non-defaulting Party mayat 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
required 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
LESSEE so performs any of LESSOR’s obligations hereunder, the full amount of the
reasonable and actual cost and expense incurred by LESSEE shall immediately be
owing by LESSOR to LESSEE, and LESSOR shall pay to LESSEE upon demand the
full undisputed amount thereof. Notwithstanding the foregoing, 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
amountdue against all fees due and owing to LESSOR until the full undisputed amount
is fully reimbursed to LESSEE.
31.ENVIRONMENTAL.
a.LESSOR shall be responsible for all obligations of compliance with
applicable Federal, State and Local requirements governing environmental and
industrial hygiene matters including, but not limited to, those set out in any applicable
statute, regulation, order, legal decision or by common law, except to the extent that any
failure to comply with a requirement is caused by the activities of LESSEE. LESSOR
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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 permitted by law, LESSOR shall hold LESSEE
harmless, defend 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, attorney’s fees or
damages) and for responding to any action, notice, claim, order, summons, citation,
directive, litigation, investigation or proceeding which results or is alleged to have
resulted from any (i) failure to comply with any legal requirement governing
environmental or industrial hygiene matters except to the extent that any such non-
compliance is caused by LESSEE; and (ii) environmental or industrial hygiene
conditions arising out of or in any way related to the condition of the Premises or
activities conducted thereon, except to the extent that such environmental conditions
are caused by LESSEE.
32.CASUALTY. In the event of damage by fire or other casualty to the Tower
or 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. Notwithstandingthe 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.
33.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 Tower, 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
exercisedin 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
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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 in the same proportion as the rentable area of the Premises
taken bears to the total rentable area of the Premises. 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.
34.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.
35.APPLICABLE LAWS. During the Term, LESSOR shall maintain the
Property and all structural elements of thePremises 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 and local ordinances relating solely to LESSEE’s
specific and unique nature of use of the Premises (other than general office use); and
(b) all building codes and local ordinances requiring modifications to the Premises due
to the improvements being made by LESSEE in the Premises.
36.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.
37.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.
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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.
LESSOR:
TOWN OF TROPHY CLUB,
A Texas home rule municipality
By:
WitnessName:C. Nick Sanders
Title: Mayor
Date:
LESSEE:
DALLAS MTA, L.P. D/B/A VERIZON
WIRELESS
By: Verizon Wireless Texas, LLC, Its
General Partner
By:
WitnessName: Aparna Khurjekar
Title:Vice President - Field Network
Date:
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Exhibit “A”
LEGAL DESCRIPTIONS OF PROPERTY AND PREMISES WITHIN PROPERTY
Lot 2, Block 1, NISD High School No. 2, an addition in the Town of Trophy Club, Denton
County, Texas, according to the Plat recorded in Cabinet Y, Page 46, Map/Plat
Records, Denton County, Texas.
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Exhibit “B”
SITE PLAN
To Be Attached
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Exhibit “C”
SURVEY OF THE PREMISES
To Be Attached
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Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-453-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:8/9/2016 In control:Town Council
On agenda:8/23/2016 Final action:
Title:Consider and take appropriate action regarding an Interlocal Agreement between the Town and
Northwest Independent School District for School Resource Officer services for Fiscal Year 2016-
2017; and authorizing the Mayor or his designee to execute all necessary documents (Staff).
Attachments:Staff Report - NISD Interlocal Agreement for SRO Services.pdf
NISD Interlocal Agreement for School Resource Officer Services.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardinganInterlocalAgreementbetweentheTownandNorthwestIndependent
SchoolDistrictforSchoolResourceOfficerservicesforFiscalYear2016-2017;andauthorizingtheMayororhis
designee to execute all necessary documents (Staff).
Town CouncilPage 34 of 313Meeting Date: August 23, 2016
To: Mayor and Town Council
From:Patrick Arata, Police Chief
CC: Stephen Seidel, Town Manager
Holly Fimbres, Town Secretary
Re: Police SRO Services
Town Council Meeting, August 23, 2016
Agenda Item:
Consider and take appropriate action regarding an Interlocal Agreement between the Town and
Northwest Independent School District for School Resource Officer services for Fiscal Year
2016-2017; and authorizing the Mayor or his designee to execute all necessary documents
(Staff).
Explanation:
This Interlocal Agreement is for Police School Resource Officer services for Fiscal Year2016 -
2017. The agreement provides two School Resource Officers for the four schools in Trophy
Club for one year. This agreement provides that NISD will cost-participate in the salary and
benefits for the officers, as well as provide funding for vehicle use.
Attachments:
NISD Interlocal Agreement for School Resource Officer Services
Recommendation:
Staff recommends Council approve the Interlocal Agreement for School Resource Officer
services.
Budget impact:
NISD will pay the Town an amount not to exceed $112,990 for the maintenance of two (2)
School Resource Officers.
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Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-451-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:8/9/2016 In control:Town Council
On agenda:8/23/2016 Final action:
Title:Consider and take appropriate action regarding an extension to the Fiscal Year 2016 Interlocal
Agreement for participation in the City of Fort Worth's Household Hazardous Waste program; and
authorizing the Mayor or his designee to execute all necessary documents (Staff).
Attachments:Fort Worth Household Hazardous Waste Program Interlocal Agreement.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardinganextensiontotheFiscalYear2016InterlocalAgreementfor
participationintheCityofFortWorth'sHouseholdHazardousWasteprogram;andauthorizingtheMayororhisdesignee
to execute all necessary documents (Staff).
Town CouncilPage 45 of 313Meeting Date: August 23, 2016
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
FY2017
Town CouncilPage 46 of 313Meeting Date: August 23, 2016
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule municipal
corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter called “Fort
Worth,” acting by and through Fernando Costa, its duly authorized Assistant City Manager and the City
of ___________________, hereinafter referred to as “Participating City” and located in
__________________ County, Texas acting herein by and through __________________________ its
duly authorized __________________________________.
(Name)
(Title)
DELIVERY OF NOTICES
Any notices required to be given under this Agreement shall be delivered as follows:
If to Fort Worth:
Cody Whittenburg, Environmental Program Manager
Code Compliance – Environmental Management Division
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
If to Participating City:
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OPERATIONAL CONTACTS
Participating City’s Operational Contact Persons:
Designated person is: ________________________ telephone number:
Mobile phone number (24-hour) where he/she can be reached:
Email Address:
Alternate person is _________________________ telephone number:
Mobile phone number (24-hour) where he or she can be reached:
Email Address:
VOUCHER UTILIZATION
The Participating City:
_____ DOES wish to use a voucher system for its residents visiting the ECC or a mobile event.
_____ DOES NOT wish to use a voucher system for its residents visiting the ECC or a mobile event.
If a voucher system is used only residents with an official voucher provided by Participating City will be
allowed to drop wastes off at the ECC or at mobile events in Participating City. A copy of the official
voucher must be attached to this agreement.
INVOICE DELIVERY
Invoices to Participating City shall be delivered to:
Name
Department (if applicable)
Street Address or PO Box
City, State, ZIP
email address for billing questions and correspondence
Participating City shall notify Fort Worth in writing if the above contact information changes during the
term of this Agreement.
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WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation
agreements between and among local governments; and
WHEREAS, Texas Government Code, §791.011 provides that a local government may contract with
another local government to perform governmental functions and services, and §791.003(3)(H) defines
waste disposal as a governmental function and service; and
WHEREAS, Texas Government Code, §791.025 provides that a local government may agree with another
local government to purchase services; and
WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement whereby Fort
Worth will purchase the services of a waste disposal/recycling firm or firms and will administer a
household hazardous waste collection program; and
WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of Texas
Government Code, Chapter 791, also known as the Interlocal Cooperation Act.
NOW THEREFORE, it is agreed as follows:
1.
DEFINITIONS
A. Unless a provision in this Agreement explicitly states otherwise, the following terms and
phrases, as used in this Agreement, shall have the meanings hereinafter designated.
Act of God means an act occasioned by the direct, immediate, and exclusive operation of the
forces of nature, uncontrolled or uninfluenced by the power of humans and without human
intervention.
Bill of Lading lists the contents of the mobile collection unit.
Environmental Collection Center (ECC) means the City of Fort Worth Code Compliance-
Environmental Management Division facility located at 6400 Bridge Street, Fort Worth, Texas,
which is to be used by Fort Worth for the aggregation of household hazardous wastes that have
been brought to the facility by participating cities' households for subsequent recycling,
disposal, and/or reuse.
Environmental damages means all claims, judgments, damages, losses, penalties, fines, liabilities
(including strict liability), encumbrances, liens, costs, and expenses of investigation and defense
of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement
or judgment, of whatever kind or nature, contingent or otherwise, matured or un-matured,
foreseeable or unforeseeable, including without limitation reasonable attorney's fees and
disbursements and consultant's fees, any of which are incurred subsequent to the execution of
this Agreement as a result of the handling, collection, transportation, storage, disposal,
treatment, recovery, and/or reuse of waste pursuant to this Agreement, or the existence of a
violation of environmental requirements pertaining to same, and including without limitation:
2017 Interlocal Agreement – Fort Worth Household Hazardous Waste Program Page 4 of 22
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(a) Damages for personal injury and death, or injury to property or natural resources;
(b) Fees incurred for the services of attorneys, consultants, contractors, experts,
laboratories and all other costs incurred in connection with the investigation or
remediation of such wastes or violation of environmental requirements including, but
not limited to, the preparation of any feasibility studies or reports or the performance of
any cleanup, remediation, removal, response, abatement, containment, closure,
restoration or monitoring work required by any federal, state or local governmental
agency or political subdivision, or otherwise expended in connection with the existence
of such wastes or violations of environmental requirements, and including without
limitation any attorney's fees, costs and expenses incurred in enforcing this Agreement
or collecting any sums due hereunder; and
(c) Liability to any third person or governmental agency to indemnify such person or agency
for costs expended in connection with the items referenced in subparagraph (b) herein.
Environmental requirements means all applicable present and future statutes, regulations,
rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions,
franchises, and similar items, of all governmental agencies, departments, commissions, boards,
bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and
all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to
the protection of human health or the environment, including without limitation:
(a) All requirements, including but not limited to those pertaining to reporting, licensing,
permitting, investigation, and remediation of emissions, discharges, releases, or
threatened releases of hazardous materials, pollutants, contaminants, or hazardous or
toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into
the air, surface water, groundwater, storm water, or land, or relating to the
manufacture, processing, distribution, use, treatment, storage, disposal, transport, or
handling of pollutants, contaminants, or hazardous or toxic substances, materials, or
wastes, whether solid, liquid, or gaseous in nature; and
(b) All requirements pertaining to the protection of the health and safety of employees or
the public.
Force majeure means decrees of or restraints by a governmental instrumentality other than the
Parties, acts of God, work stoppages due to labor disputes or strikes, failure of Fort Worth’s
contractor(s) to perform pursuant to their agreements with Fort Worth for the conduct of the
collection of household hazardous waste, fires, explosions, epidemics, floods, extreme weather,
riots, war, rebellion, and sabotage.
Household hazardous waste (HHW) means any solid waste generated in a household by a
consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would be
classified as a hazardous waste under 40 CFR Part 261.
Manifest means the uniform hazardous waste manifest form(s) that must accompany shipments
of municipal hazardous waste or Class 1 industrial solid waste.
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Mobile collection event means a household hazardous waste collection event by Participating
City utilizing a mobile collection unit.
Mobile Collection Unit (MCU) means a non-self-propelled vehicle used for the periodic
collection of household hazardous waste by Participating City, off-site of the ECC, which is
transported to the ECC to dispose of the household hazardous waste collected at the mobile
collection event. Mobile Collection Units owned by Fort Worth are designed to hold the
hazardous waste of approximately 50 to 75 households.
Participating City means the municipality which has entered into this agreement with the City of
Fort Worth.
Participating Entities, when used in the plural, means Fort Worth, Participating City, and all
other entities which have entered into interlocal agreements with Fort Worth for the ECC
household hazardous waste collection program.
Person means an individual, corporation, organization, government, or governmental
subdivision or agency, business trust, partnership, association, or any other legal entity.
Waste has the same meaning as "solid waste" as that term is defined in Texas Health and Safety
Code §361.003, and including hazardous substances.
B. Unless a provision in this Agreement explicitly states otherwise, the following abbreviations, as
used in this Agreement, shall have the meanings hereinafter designated.
CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act, its
amendments, associated case law, and state counterparts.
CPR - cardiopulmonary resuscitation
DOT - United States Department of Transportation
ECC – Fort Worth Environmental Collection Center
EPA - United States Environmental Protection Agency
HAZCAT - hazardous categorization
HAZWOPER - hazardous waste operations and emergency response and the training,
certification, and legal requirements associated therewith
HM - hazardous materials
HHW - household hazardous waste
MCU - Mobile Collection Unit
TCEQ – Texas Commission on Environmental Quality
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2.
PURPOSE
The purpose of this interlocal agreement (hereafter “Agreement”) is the provision of services by Fort
Worth to Participating City whereby, subject to the terms and conditions specified below, Fort Worth
will administer and supervise a regional household hazardous waste collection program, which will be
available to households within Participating City as described herein.
3.
TERM
This Agreement shall be effective from October 1, 2016 or the date the last party has signed this
Agreement, whichever is later, through September 30, 2017; however, the duties and responsibilities of
the Parties for events which occurred during the term of the contract shall survive. If Participating City
has mobile collection events scheduled during the months of October through December 2017 and this
Agreement has not been renewed by the end of the regular term, this agreement shall be extended on a
month to month basis until the mobile collection events have been completed or cancelled by
Participating City.
In addition, this agreement may be extended by the duly authorized, mutual, and written agreement of
the parties for one (1) additional one-year term.
4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the following services for Participating City in connection with the ECC
household hazardous waste collection program:
A. Fort Worth will administer a regional household hazardous waste collection program. This
program will include the operation of the Environmental Collection Center, which will accept for
disposal and/or recycling household hazardous waste from households located within
Participating City. Fort Worth shall not accept compressed flammable gas containers;
radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, or
infectious materials; wastes from businesses; or any other wastes that Fort Worth has
determined are unacceptable. Commercial waste is never accepted by Fort Worth.
B. Fort Worth will employ or retain personnel to provide the services necessary to perform Fort
Worth's obligations in this Agreement.
C. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the handling,
collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household
hazardous waste that is collected at the ECC or during mobile collection events.
D. Fort Worth will, if requested in writing by Participating City, provide Participating City with
copies of waste manifests for shipments of waste from the ECC.
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E. Fort Worth will, if requested in writing by Participating City, provide Participating City a monthly
report of the Participating City's households who disposed of household hazardous waste at the
Environmental Collection Center or a mobile collection event.
F. Fort Worth will issue a report and an invoice at the end of each quarter detailing the number of
Participating City's households that disposed of household hazardous waste at the
Environmental Collection Center or at mobile collection events.
G. Fort Worth will act under this Agreement in accordance with all applicable state and federal
laws.
H. Mobile Collection Events
Participating City may schedule a mobile collection event to be operated by Fort Worth
personnel using one of Fort Worth’s MCUs or conduct their own mobile collection events using
either Participating City’s MCU or Fort Worth’s Reserve MCU (as available). State regulations
require notification to the Texas Commission on Environmental Quality (TCEQ) at least 45 days
prior to conducting the event.
1. Fort Worth Operated Events:
If Participating City would like to schedule a mobile collection event with the Fort Worth
Mobile Collection Unit, Participating City shall contact the ECC as soon as possible for a
list of available dates. The time and location shall be agreeable to both parties.
Participating City may schedule one mobile collection event each contract year. Fort
Worth will file notification of the event with TCEQ as required by 30 TAC §335.403.
(a) Scheduling Events
Fort Worth will begin scheduling mobile collection events for the 2017 calendar
year on January 9, 2017. To ensure proper notification to TCEQ, events must be
scheduled at least sixty (60) days ahead of the proposed date. Participating City
acknowledges that Fort Worth contracts with other municipalities and that Fort
Worth will be accommodating each Participating City's request on a first come
first served basis. Therefore, Participating City acknowledges that its chosen
date to schedule a mobile collection event may be reserved by another city and
Participating City will have to then choose another date. Participating City will,
in no event, be entitled to any damages or recovery of any costs, except as
provided herein. Only one mobile collection event using Fort Worth staff and
equipment per city is entitled under this contract. Additional events may be
accommodated if feasible.
(b) Location
If Participating City chooses to hold the Mobile Collection Event on private
property, Participating City shall obtain a signed waiver from the owner of the
property sixty (60) days prior to the event. The waiver shall be in the form of
Exhibit B or similar form approved by Fort Worth. The signed waiver must be
sent to Fort Worth sixty (60) days before the Mobile Collection Event. If the
signed waiver is not sent to Fort Worth sixty (60) days before the Mobile
Collection Event, Fort Worth will not send the Fort Worth Mobile Collection Unit
to the event and Participating City will, in no event, be entitled to any damages
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or recovery of any costs, except as provided herein. All events must be held on
an impervious surface.
(c) At the Mobile Collection Event, Participating City acknowledges and agrees that
Fort Worth shall accept household hazardous waste from the first 50
households that show proof of residency at the Mobile Collection Event. After
the first 50 households, Fort Worth will determine in its sole discretion how
much more waste it can accept for proper transport back to the ECC. If more
households arrive at the event than Fort Worth can accept, Participating City
will in no event be entitled to any damages or recovery of any costs, except as
provided herein.
(d) Due to limited storage space at the ECC, Participating City acknowledges and
agrees that if it requests the Fort Worth Mobile Collection Unit at a mobile
collection event, a Participating City's MCU shall not also be at the event.
(e) Fort Worth, in its sole discretion, will determine whether to send the Fort Worth
Mobile Collection Unit to Participating City's Collection Event during adverse
weather, the threat of adverse weather, or other hazardous conditions including
but not limited to sleet, snow, rain, mist, or hail. In the event Fort Worth
determines not to send the Fort Worth Mobile Collection Unit, Fort Worth shall
attempt to notify persons listed herein as an “Operational Contact” by the
Participating City and shall attempt to send a Fort Worth employee to the
Participating City's event to tell any residents that come to dispose of household
hazardous waste that the Fort Worth Mobile Collection Unit will not be coming
to the event, but the resident can go to the ECC to dispose of the waste. A map
with directions to the ECC also will be provided.
(f) The Participating City agrees to collect collection data at the MCU and provide
Fort Worth with a list of total MCU participants and total quantities of wastes
listed in an Excel spreadsheet in a template provided by Fort Worth as Exhibit C,
within ten (10) days of the mobile collection event. No vouchers, sign-in sheets,
or copies of either will be accepted by Fort Worth.
2. Participating City Mobile Collection Unit:
(a) Fort Worth agrees to accept household hazardous waste from mobile collection
events conducted by Participating City using Participating City's MCU in
accordance with the terms of this Agreement.
(b) Fort Worth agrees to restock the items it removes from Participating City's
MCU, however, Fort Worth shall only restock items listed in Exhibit “A,”
attached and incorporated herein as if set forth.
3 Loan of the Reserve Mobile Collection Unit
The reserve MCU is a specially designed and equipped thirty-six (36) foot gooseneck
box-trailer and one (1) ton pickup owned by Fort Worth. Participating City may request
the loan of Fort Worth’s Reserve MCU free of charge for use in a Household Hazardous
Waste collection event when available. Participating City may use the Reserve MCU to
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transport HHW to Fort Worth’s ECC or another collection center that may lawfully
receive HHW. Participating City shall provide Fort Worth with a written request,
facsimile or e-mail, at least sixty (60) days prior to the event date for which the request
is made. Fort Worth shall have sole determination whether the Reserve MCU is available
for use by Participating City and shall notify Participating City as soon as is reasonably
practicable of such decision. Fort Worth shall not participate in nor be responsible for
any part of the Participating City’s HHW Collection Event unless and except by written
mutual agreement.
(a) Fort Worth shall disclose any known problems the Reserve MCU may have in
performing the tasks necessary for the HHW Collection Event. Prior to issuance
of the Reserve MCU, a pre-trip inspection for potential maintenance problems
will be preformed by Fort Worth. Also, both parties will complete a pre-trip
aesthetic assessment. Participating City shall be responsible for all certifications
and insurance necessary for the proper operation of the Reserve MCU.
(b) Participating City agrees to maintain and return the Reserve MCU in as good
condition as it was in when Participating City took possession for use.
Participating City shall return the Reserve MCU to Fort Worth in a timely
manner and as mutually agreed upon.
(c) Participating City shall be responsible for all property damage, personal injury,
or death caused by Participating City’s employees, volunteers, contractors, or
agents and arising out of the use of the Reserve MCU during the term of this
Agreement.
(d) It is expressly understood and agreed that, in the execution of this Agreement,
neither of the parties waives, nor shall be deemed hereby to waive, any
immunity or defense that would otherwise be available to it against claims
arising in the exercise of governmental powers and functions. By entering into
this Agreement the parties do not intend to create any obligations, expressed or
implied, other than those set forth herein and this Agreement shall not create
any rights in parties not signatories hereto.
5.
DUTIES OF PARTICIPATING CITY
Participating City agrees to perform the following duties in connection with the household hazardous
waste collection program:
A. Participating City will designate one of its employees, and another as an alternate, to act as its
household hazardous waste collection Operational Contact to interact with Fort Worth as
designated on the signature page to this contract.
B. Participating City will coordinate and fund all program advertising targeted to its own citizens, as
it deems necessary. Such advertising shall include the type of wastes that will be accepted at the
ECC, the requirement of proof of residency, and weather cancellation information.
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C. Participating City shall notify its residents of the ECC hours of operation and dates it is closed as
provided in Section 9 “The Environmental Collection Center Hours of Operation.”
D. Participating City may choose to utilize a voucher system for its residents in order for them to
bring HHW to the ECC. If Participating City chooses to use such a system, it shall designate so
herein and include a copy of the official voucher. In addition, if a citizen from a Participating City
that utilizes a voucher system comes to the ECC or a mobile collection event without a voucher,
Participating City acknowledges and agrees that Fort Worth will not accept the household
hazardous waste until Participating City authorizes the acceptance in writing.
E. Participating City may submit a written request for a monthly report listing the number of its
city's households that have disposed of household hazardous waste at the ECC or a mobile
collection event.
F. Participating City shall provide traffic control and signage for the mobile collection event, and
shall provide personnel to assist Fort Worth with the offloading of material, surveys, and
screening of persons dropping off household hazardous waste. Prior to the event, the parties
shall agree upon the details of the traffic control, signage, and personnel assistance.
G. If a Participating City resident presents waste that was collected from multiple households, Fort
Worth reserves the right to charge the Participating City based on the total number of
households from which the waste originated even if the resident has only one voucher.
H. Participating City shall provide a means for disposing of solid waste (e.g. boxes, trash,
containers) on site during a mobile collection event.
I. Mobile Collection Events using Participating City’s MCU or Reserve MCU
1.Participating City is responsible for proper notification to TCEQ as required by
30 TAC §335.403.
2.Participating City shall advise the ECC at least 72 hours in advance of its mobile
collection events. Participating City shall collect only HHW during a mobile collection
event. Wastes from commercial, agricultural, and industrial sources shall not be
accepted. Participating City shall not accept compressed flammable gas containers;
radioactive materials; explosives or potentially shock sensitive materials; biological,
etiologic, or infectious materials; or any other wastes that Fort Worth has determined
are unacceptable.
3.In accordance with the latest DOT requirements, Participating City's MCU operators will
properly categorize, package, mark, label, and load into the MCU, all wastes received at
the mobile collection event. Recyclable products (used oil, used oil filters, latex paint,
recyclable anti-freeze, lead-acid batteries, and fluorescent lights) will be segregated into
containers for recyclables.
4.After accepting wastes, Participating City's MCU operators shall thoroughly check each
container for proper labeling and identification. If a container is properly identified, the
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material will be segregated according to hazard class and prepared for packaging. If a
container does not have adequate labeling to permit identification, the MCU operators
shall then attempt to identify the material from its physical characteristics using HAZCAT
analysis and from information provided by the household presenting the waste.
5.The Participating City's MCU operators shall package all hazardous materials in
accordance with DOT requirements, EPA requirements, and all other applicable federal
and state requirements. After all the wastes have been properly identified and
segregated, the MCU operators will reexamine the wastes for compatibility, list them on
the container content sheets, and pack them into drums. Oil-based paints and latex
paints shall be bulked separately in 55-gallon drums, or if the paint is left in its
container, the paint can be packed in a lined cubic yard box, and packed and labeled
according to federal and state regulations. Participating City shall not transport waste
that is not HHW to the ECC. Participating City agrees to make its own arrangements to
dispose of any non-HHW waste collected at the event.
6.Prior to transporting the HHW from the collection event site, Participating City's MCU
operators shall complete a Bill of Lading, and shall keep the Bill of Lading in the cab of
the truck hauling the MCU during transportation of the HHW to the ECC. Participating
City shall require that a minimum of one copy of the latest North American Emergency
Response Guidebook be kept within the cab of the truck.
7.During transportation, Participating City's MCU operators shall placard the MCU for
transportation of hazardous waste in accordance with federal and state law.
8.Upon the return of the MCU to the ECC, Participating City's MCU operators shall follow
the instructions of Fort Worth regarding the placement of the MCU for unloading. Fort
Worth shall take possession of the MCU from Participating City after the MCU has been
properly parked for unloading in accordance with Fort Worth's instructions and all
required documents have been delivered to the ECC manager or his/her designee at the
ECC. Fort Worth shall, within a reasonable amount of time, unload the HHW from the
Participating City’s MCU and store the unit at the ECC. After being contacted,
Participating City shall pickup their unit within 10 days.
9.If Fort Worth, in its sole discretion, determines that Participating City's MCU operators
improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage
such waste, and Participating City shall reimburse Fort Worth as set forth herein.
10.If a spill emanating from the Participating City’s MCU or the Reserve MCU occurs at the
ECC while the MCU is still in Participating City's possession, Fort Worth shall take control
of the spill response and Participating City will reimburse Fort Worth for its response
costs as set forth herein.
6.
USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
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A. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the handling,
collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household
hazardous waste, from the ECC.
B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for the
waste collected, (excluding used oil, lead-acid batteries and antifreeze) to choose a disposal site
for the waste subject to Fort Worth's approval, and to indemnify Fort Worth and participating
cities against any and all environmental damages and the violation of any and all environmental
requirements resulting from the handling, collection, transportation, storage, disposal,
treatment, recovery, and/or recycling of waste collected pursuant to this agreement, when said
environmental damages or the violation of said environmental requirements was the result of
any act or omission of contractor, its officers, agents, employees, or subcontractors, or the joint
act or omission of contractor, its officers, agents, employees, or subcontractors and any other
person or entity.
C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM (S) WILL BE REQUIRED TO ASSUME
GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE PARTICIPATING CITY OF LIABILITY
FOR THE WASTE UNDER FEDERAL LAW AND STATE LAW. Fort Worth will arrange for recycling
vendors for used oil, batteries, antifreeze, and other materials, as it deems appropriate.
7.
REUSE OF COLLECTED MATERIALS
A. From time-to-time Fort Worth will make available to residents and businesses of Fort Worth, as
well as, Participating City residents and businesses of Participating City for their use, collected
household hazardous waste materials that are suitable for reuse, such as paint, fertilizer, motor
oil, and antifreeze. Fort Worth shall not charge for any materials that are picked up for reuse.
B. Some materials made available for reuse may have been consolidated and filtered by Fort
Worth prior to being made available. Used antifreeze will have been consolidated in a barrel,
filtered, and pH balanced, and new antifreeze may have been added to the barrel.
C. In regards to materials accepted by Participating City, its employees, residents, or any other
person FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the
manufacturer;
3. the product is of the quality intended for its use;
4. the contents of the container have been stored properly;
5. the instructions on the container label for use, storage, and first aid are current or
correct;
6. the container is in unimpaired condition;
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7. the product is still approved for use (i.e., it has not been banned or recalled); and
8. the product can be used without risk to persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED.
PARTICIPATING CITY SHALL NOTIFY RECIPIENTS OF THESE TERMS AND CONDITIONS.
D. Participating City shall contact the ECC manager to arrange a pickup time to obtain materials.
Participating City agrees that it shall not return to Fort Worth, directly or indirectly, any
materials it obtains from Fort Worth under this paragraph.
E. INDEMNIFICATION REGARDING REUSED OR RECYCLED MATERIALS.
1. IN REGARDS TO REUSED OR RECYCLED MATERIALS ACCEPTED BY PARTICIPATING CITY,
PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY
CLAIMS, AND RELEASES, AND HOLDS HARMLESS THE CITY OF FORT WORTH, AND ALL OF ITS
OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND
PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, EXPENSES OF
LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY REASON OF INJURY TO PERSONS,
LOSS OF PROPERTY, DAMAGE TO PROPERTY, OR LOSS OF USE OF ANY PROPERTY ,
OCCASIONED BY THE TRANSPORTATION, STORAGE, HANDLING, USE, AND DISPOSAL BY
PARTICIPATING CITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITY UNDER THIS
AGREEMENT FROM FORT WORTH.
2. IF THE PARTICIPATING CITY DOES NOT AGREE TO THE INDEMNIFICATION AND WAIVER IN
PARAGRAPH E ABOVE, THEN THE PARTICIPATING CITY SHALL NOT ACCEPT, NOR ALLOW ANY
OTHER PERSON TO ACCEPT ANY OF THE REUSED OR RECYCLED MATERIALS AND SHALL NOT BE
REQUIRED TO AGREE TO THE WAIVER IN PARAGRAPH E. Initial here to reject term 7.E.1. and
accept alternate term 7.E.2. _________.
F. In regards to materials accepted by residents or businesses of Participating Cities, FORT WORTH
MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the
manufacturer;
3. the product is of the quality intended for its use;
4. the contents of the container have been stored properly;
5. the instructions on the container label for use, storage, and first aid are current or
correct;
6. the container is in unimpaired condition;
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7. the product is still approved for use (i.e., it has not been banned or recalled); and
8. the product can be used without risk to persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED.
G. Participating City shall attempt to inform its residents and businesses that if they go to the
Environmental Collection Center to pick up household hazardous waste for reuse, a release of
liability must be signed to accept the household hazardous waste for reuse.
8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from
Participating City or Participating City's resident, if in the reasonable judgment of Fort Worth:
A. The waste is not household hazardous waste;
B. The waste fails to meet other established criteria established by this Agreement, or that have
been established by Fort Worth subsequent to the execution of the Agreement;
C. The individual does not have sufficient identification to establish that he/she is in fact a resident
of Participating City;
D. Participating City has implemented a voucher system for its residents to dispose of waste, and
the individual does not have a valid voucher; or
E. The waste or the individual presents a hazard to the ECC or to persons or property at the ECC.
9.
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Hours of Operation
During the term of the Agreement, the ECC's hours of operation are as follows:
Thursday and Friday 11:00 a.m. - 7:00 p.m.
Saturday 9:00 a.m. - 3:00 p.m.
B. Days the Environmental Collection Center will be closed
During the term of the agreement, the ECC will be closed on the following holidays that are
observed on days the ECC would otherwise be open to the public:
Thanksgiving holiday, Thursday and Friday, November 24-25, 2016
Christmas holiday, Saturday, December 24, 2016
New Year’s holiday, Saturday, December 31, 2016
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In addition to the above closures Fort Worth employees may not be available to conduct mobile
collection events on other dates to conduct mobile collections within the City of Fort Worth,
although the ECC will remain open on those days. The ECC may close due to furlough days or
other causes, and the City of Fort Worth does not represent to Participating City that the ECC
will be open on any particular days. If additional closures due to any cause are necessary Fort
Worth will notify Participating City prior to the closure unless due to an unforeseeable event.
C. Notifying Residents
Participating City agrees to notify its residents of the ECC's hours of operation and dates it will
be closed. Participating City also may advertise the 24-hour Environmental Collection Center
telephone number: 817-392-5257.
10.
COMPENSATION
As fair compensation for the services provided by Fort Worth pursuant to this Agreement:
A. Participating City agrees to pay Fort Worth the sum of $47.00 per household per visit to the ECC
(or per participating household in a Mobile Collection Event) to dispose of household hazardous
waste. If a Participating City resident presents waste that was collected from multiple
households, Fort Worth reserves the right to charge the Participating City based on the total
number of households from which the waste originated.
B. If Fort Worth determines that Participating City's MCU operators improperly packaged any of
the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City
shall reimburse Fort Worth for its staff time at $20.00 an hour and the cost of supplies.
C. If a spill emanating from the Participating City’s MCU or the Reserve MCU occurs at the ECC
while the MCU is still in Participating City's possession, Fort Worth shall take control of the spill
response and Participating City will reimburse Fort Worth for its response costs for City staff
time ($60.00 per hour) plus the cost of supplies and the actual costs for the spill response and
remediation incurred by the City of Fort Worth for third party contractors and responding
governmental agencies.
D. The amount due to Fort Worth for services provided under this Section, Paragraphs A, B, and C,
shall be billed to Participating City quarterly. Participating City shall pay Fort Worth within 30
days of receiving a bill from Fort Worth. If Fort Worth does not receive payment within 30 days,
Fort Worth shall inform Participating City in writing that it will not accept any household
hazardous waste from Participating City's residents and that Fort Worth will not participate in a
mobile collection event or provide a mobile collection unit until paid.
E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to
Participating City, which will include the total number of Participating City's households which
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participated in the program, repackaging fees, if any, and the total cost of spill response charged
to Participating City, if any.
F. Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to Fort
Worth under Subparagraph D. above shall be paid from revenues currently available to
Participating City in the present fiscal year.
11.
ARTWORK, “CAPTAIN CRUD AND THE CRUDDIES,” AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT
Fort Worth is the owner of “Captain Crud” and the Cruddies (“Bloomer,” “Otto,” “Pestie,” “Scrub,” and
“Van Goo”) and the recycling buddies (“Scrappy,” “Juggles,” and “Cana Nana”), “Conquer Your Crud,”
and “Crud Cruiser”, and therefore all ownership rights belong to Fort Worth. Fort Worth has registered
these marks as service marks with the Secretary of State.
A. Fort Worth hereby grants to Participating City a non-transferable, non-exclusive license to use
all the artwork and promotional materials that may be provided by Fort Worth to be used solely
in the conduct of the business of Participating City's disposal and recycling of household
hazardous waste programs. If Participating City wishes to use to Licensed Art and/or
Promotional Materials in other limited situations, Participating City must first obtain express
written consent from Fort Worth.
B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City
pursuant to the terms of this Agreement. Participating City acknowledges that by virtue of this
License, Participating City acquires only the right to use the original and permitted duplicate
copies of the Licensed Artwork and Promotional Materials and does not acquire any rights of
ownership in the Licensed Artwork and Promotional Materials, which rights shall remain
exclusively with Fort Worth. If Participating City wants to modify or change the artwork and/or
promotional materials in any manner, Participating City hereby agrees to contact Fort Worth in
writing to obtain written consent before modifying or changing any artwork and/or promotional
materials.
12.
IMMUNITY
It is expressly understood and agreed that, in the execution of this Agreement, none of the Participating
Cities waives, nor shall be hereby deemed to waive, any immunity or defense that would otherwise be
available to it against claims arising in the exercise of governmental powers and functions, and that the
services described in this Agreement are a governmental function.
13.
FORCE MAJEURE
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A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused to the
extent that the delay or failure to perform resulted from a force majeure event, and the delay or failure
was beyond the control of Fort Worth and not due to its fault or negligence. Participating City shall not
have, and hereby waives, any claim whatever for any damages resulting from delays or failure to
perform caused by a force majeure event.
14.
TERMINATION
The parties shall each have the right to terminate the Agreement for any reason, with or without cause,
upon thirty (30) days written notice to the other party. Upon termination, the parties shall be released
from all contractual obligations to the other party excluding “USE OF WASTE DISPOSAL/RECYCLING
FIRMS FOR HOUSEHOLD HAZARDOUS WASTE” “REUSE OF COLLECTED MATERIALS” and ARTWORK,
“CAPTAIN CRUD AND THE CRUDDIES,” AND “PROMOTIONAL MATERIALS LICENSE AGREEMENT” and any
terms and conditions arising from events occurring during the term of the contract .
15.
ENTIRETY
This Agreement contains all commitments and Agreements of the parties hereto, and no other oral or
written commitments shall have any force or effect if not contained herein, except that this Agreement
can be amended or modified by the parties if such amendment or modification is in writing and signed
by Participating City and Fort Worth.
16.
SEVERABILITY
In the event anyone 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 thereof and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provisions had never been contained herein.
17.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this
Agreement, venue for said action shall be in Tarrant County, Texas.
18.
AUTHORITY
This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement, pursuant to
Texas Government Code, Chapter 791.
19.
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Town CouncilPage 63 of 313Meeting Date: August 23, 2016
AUTHORIZATION
The undersigned officers and/or agents of the parties hereto are properly authorized officials and have
the necessary authority to execute this Agreement on behalf of the parties hereto, and each party
hereby certifies to the other that any necessary resolutions extending such authority have been duly
passed and are now in full force and effect.
CITY OF FORT WORTH CITY OF ________________________
By: By:
_____________________________
Fernando Costa Printed name:
Assistant City Manager Title:
Date: Date:
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGALITY: AND LEGALITY:
_____________________________
Arthur N. Bashor City Attorney / Assistant City Attorney
Assistant City Attorney
ATTEST: ATTEST:
_____________________________
Mary J. Kayser City Secretary
City Secretary
____________________________
Contract Authorization
____________________________
Date
2017 Interlocal Agreement – Fort Worth Household Hazardous Waste Program Page 19 of 22
Town CouncilPage 64 of 313Meeting Date: August 23, 2016
Exhibit “A”
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Material Amount Restocked Special Needs Remarks
55 gallon open top drums Amount taken off the
(open top for loose packs) trailer
55 gallon drums (closed Amount taken off the
top) (oil, antifreeze, bulk trailer
flammable materials and
one extra)
Fiber drums (55 or 30 Amount taken off the
gallon) Aerosols, acids, trailer
bases and oxidizers)
Gaylord box liners (plastic) Amount taken off the
trailer
55 gallon drum liners Amount taken off the
trailer
5 gallon buckets Amount taken off the
(filters/haz chemicals)trailer
Survey Forms Amount taken off the
trailer
Labels/drum placard Amount taken off the
trailer
Gaylord boxes Amount taken off the
trailer
Absorbent pads Amount taken off the
trailer
VermiculiteAmount taken off the
trailer
Oil dry Amount taken off the
trailer
Promotional Materials & Amount needed
Brochures
2017 Interlocal Agreement – Fort Worth Household Hazardous Waste Program Page 20 of 22
Town CouncilPage 65 of 313Meeting Date: August 23, 2016
Exhibit “B”
WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD
HAZARDOUS WASTE
I being the owner of property located at ___________________________________________
have been asked by the City of ___________________________ to allow a mobile collection event on
my property to collect household hazardous waste on the ________________, 20___. I hereby give my
permission to the City of _________________________ and the City of Fort Worth, to hold a household
hazardous waste collection event on my property in which the City of __________________________
has asked the City of Fort Worth to send its mobile collection unit to collect the household hazardous
waste that is brought to the event.
Therefore, I hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth or its
officers, agents, and employees and the City of _________________________ and its officers, agents,
and/or employees for any and all claims, demands, liability, causes of action, actions or suits of any
character that I may have against the City of Fort Worth or its officers, agents, and/or employees and
the City of _________________________ or its officers, agents, and/or employees for any property loss
or damage, for any and all personal injury including death or any other damage of any kind or character
which may arises or that arises from allowing the City of _____________________ to hold a household
hazardous waste collection event, in which the City of Fort Worth sends its mobile collection unit on my
property.
I have read this Waiver and Release and fully understand its terms and conditions. I have not been
influenced in any extent whatsoever by any representation or statements not contained in this
Agreement.
_________________________________
Signature Date
________________________________
Witness Date
2017 Interlocal Agreement – Fort Worth Household Hazardous Waste Program Page 21 of 22
Town CouncilPage 66 of 313Meeting Date: August 23, 2016
Exhibit “C”
MOBILE COLLECTION DATA FORMAT
2017 Interlocal Agreement – Fort Worth Household Hazardous Waste Program Page 22 of 22
Town CouncilPage 67 of 313Meeting Date: August 23, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-459-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:8/9/2016 In control:Town Council
On agenda:8/23/2016 Final action:
Title:Consider and take appropriate action regarding the approval or rejection of the Trophy Club Crime
Control and Prevention District (CCPD) Budget for Fiscal Year 2016-2017 submitted to the Town
Council by the CCPD Board (Staff).
Attachments:Fiscal Year 2017 CCPD Budget.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingtheapprovalorrejectionoftheTrophyClubCrimeControland
Prevention District (CCPD) Budget for Fiscal Year 2016-2017 submitted to the Town Council by the CCPD Board (Staff).
Town CouncilPage 68 of 313Meeting Date: August 23, 2016
2016
23,
August
Date:
Meeting
313
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Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-452-T Version:1 Name:
Type:Agenda Item Status:Public Hearing
File created:8/9/2016 In control:Town Council
On agenda:8/23/2016 Final action:
Title:Conduct the First Public Hearing for the proposed tax rate for fiscal year October 1, 2016 to
September 30, 2017, and Mayor to announce the date, time and place of the vote on the tax rate
(Staff).
Attachments:
DateVer.Action ByActionResult
ConducttheFirstPublicHearingfortheproposedtaxrateforfiscalyearOctober1,2016toSeptember30,2017,and
Mayor to announce the date, time and place of the vote on the tax rate (Staff).
Town CouncilPage 70 of 313Meeting Date: August 23, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-476-T Version:1 Name:
Type:Agenda Item Status:Public Hearing
File created:8/15/2016 In control:Town Council
On agenda:8/23/2016 Final action:
Title:Conduct a public hearing regarding a request to amend Ordinance No. 2002-41 P&Z, PD Planned
Development District No. 25 in order to approve the signage plan for Bread Winners Cafe, on Lot
2R2, Block B, Trophy Wood Business Center, located at 3000 State Highway 114, Case PD-AMD-16-
051 (Staff).
Attachments:Staff Report - Case #PD-AMD-16-051.pdf
Exhibit A – Proposed Sign Package.pdf
Exhibit B – Approved Site Plan Package Ordinance 2015-44 P&Z.pdf
Exhibit C – PD 25 Regulations Ordinance 2002-41 P&Z.pdf
Exhibit D – Location and Zoning Map.pdf
Exhibit E – Ordinance 2016-28 P&Z.pdf
DateVer.Action ByActionResult
ConductapublichearingregardingarequesttoamendOrdinanceNo.2002-41P&Z,PDPlannedDevelopmentDistrict
No.25inordertoapprovethesignageplanforBreadWinnersCafe,onLot2R2,BlockB,TrophyWoodBusiness
Center, located at 3000 State Highway 114, Case PD-AMD-16-051 (Staff).
Town CouncilPage 71 of 313Meeting Date: August 23, 2016
To: Mayor and Town Council
From:Ron Ruthven, TownPlanner
CC: Stephen Seidel, Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Case #PD-AMD-16-051 Public Hearing and Regular Session
Town Council Meeting, August 23, 2016
Agenda Item:
Consider and take appropriate action regarding an Ordinance for a request to amend Ordinance
No. 2002-41 P&Z, PD Planned Development District No. 25 in order to approve the signage plan
for Bread Winners Cafe, on Lot 2R2, Block B, Trophy Wood Business Center, located at 3000
State Highway 114, Case PD-AMD-16-051 (Staff).
Request:
The applicant, Chandler Signs, is requesting approval of the sign package for the new Bread
Winners Café restaurant located at 91 Trophy Club Drive. The restaurant is currently under
construction with completion tentatively scheduled for November 2016.
Current Conditions and Zoning:
The subject property contains 2.05 acres and is platted. The property is zoned PD 25. The site
plan package was approved by the Town Council on December 8, 2015 under Ordinance 2015-
44 P&Z (attached). However, the sign details were not complete at the time of site plan
consideration. Section B(6) of the PD 25 development regulations contained in Ordinance
2002-41 P&Z states:
“Signage: Prior to the issuance of a building permit for the Land or any part
thereof, an\\ overall sign plan, accompanying the Final Site Plan for the Land must
be approved by the Town Council upon recommendation from the Planning &
Zoning Commission. Additionally, written signage standards shall be approved by
the Town Council upon recommendation of the Planning & Zoning Commission at
a later date, in the form of an amendment to this Ordinance.”
Therefore, in order to comply with the above ordinance provisions, the applicant requests
approval of this item.
Page 1 of 3
Town CouncilPage 72 of 313Meeting Date: August 23, 2016
Sign Package Details:
According to the attached sign package, the applicant proposes to construct three signs, which
include one roof sign on the west elevation (facing Trophy Wood Drive) and one roof sign and
one marquee, or “projecting”, sign on the south elevation (facing SH 114).
The PD 25 regulations do not contain any specific sign design or performance criteria.
Therefore, in the absence of any specific criteria, the sign regulations contained in Article 3.09-
Signs in the Code of Ordinances apply to all signs constructed in the PD 25 district, unless
approved otherwise as part of a PD amendment. Roof signs and marquee/projecting signs are
both explicitly prohibited under Section 3.09.015 – Prohibited Signs in the sign regulations. The
following are the definitions for each type:
“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.”
“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.”
Proposed roof signage: number of signs: two. South elevation sign dimensions: 7’ x 8’; West
elevation sign dimensions: 4’6” x 60’6”. The south elevation sign would consist of a round logo
with the restaurant name included on the logo. The west elevation sign would include 3’1 5/8”
high letters attached to a galvanized metal mesh stating “Bread Winner’s Café”. Both signs
would be internally illuminated.
Proposed marquee (projecting) signage: number of signs: one. Sign Dimensions: 2’ 3 7/8” x
10’; The sign would project out perpendicular from the building and state the words “Quarter”
referring to the Quarter Bar, that will operate as part of the restaurant. Sign illumination would
include neon, which is also prohibited by the sign regulations in the Code of Ordinances, unless
approved through a meritorious exception.
Public Notice Requirement:
Per the requirements of the State of Texas and the Trophy Club Code of Ordinances, a notice of
public hearing concerning the PD amendment was published in the Fort Worth Star Telegram.
Notice was also mailed to 21 property owners within 200 feet of the PD 25 district boundary.
To date no correspondence has been received.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission considered this item on August 18, 2016 after the Council
packet was sent. Staff will provide an update to the Council concerning the Commission’s
action prior to the start of the August 23, 2016 meeting.
Page 2 of 3
Town CouncilPage 73 of 313Meeting Date: August 23, 2016
Staff Review and Recommendation:
The proposed sign package includes two roof signs and one marquee (projecting) sign. The
proposed signage is prohibited by the Code of Ordinances. However, the commercial sign
regulations contained in the Code of Ordinances are written rather conservatively in order to
preserve the aesthetic character of the Town. Additionally, the commercial sign regulations
were adopted simultaneous with the Town’s creation and, subsequently, were written rather
monolithically to address signage on multi-tenant lease space without providing detailed
standards for detached single occupancy structures including churches and restaurants,
including those with unique themes such as Bread Winners Café. The New Orleans style
inspiration for the restaurant’s architecture is why the roof sign and neon projecting sign are
proposed for the restaurant. Given these conditions, it should be noted that the requirement
in the PD 25 regulations that the sign plan must be approved as an amendment to the PD 25
ordinance is in place precisely to allow some legislative flexibility based on the type of building
to which any signage would be paired - to be reviewed on a case-by-case basis.
Staff recommends approval of the sign package.
Attachments:
Exhibit A – Proposed Sign Package
Exhibit B – Approved Site Plan PackageOrdinance 2015-44 P&Z
Exhibit C – PD 25 Regulations Ordinance 2002-41 P&Z
Exhibit D – Location and Zoning Map
Exhibit E – Ordinance 2016-28 P&Z
Page 3 of 3
Town CouncilPage 74 of 313Meeting Date: August 23, 2016
Exhibit B
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2015-44P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2002-41 P&Z, KNOWN AS PD PLANNED
DEVELOPMENT DISTRICT NO. 25, TROPHY WOOD BUSINESS
CENTER, BY ADOPTING EXHIBIT “D” ENTITLED “TRACT 3
DEVELOPMENT PLANS ”, TO ADOPT EXHIBITS 3-1 THROUGH 3-6
TO EXHIBIT “D-3” FOR LOT 2R-2, BLOCK B, TROPHY WOOD
ADDITION (TRACT 3) AS SET FORTH IN IN EXHIBITS 3-1 THROUGH
3-6 TO EXHIBIT “D-3”; PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING FOR AMENDENTS TO ADOPT EXHIBITS 3-1
THROUGH 3-6 PROVIDING A FINAL DETAILED SITE PLAN, A
LANDSCAPE PLAN AND PLANT LIST, BUILDING ELEVATIONS, SITE
LINE STUDIES, AND A PHOTOMETRIC PLAN;PROVIDING FOR AN
AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF
THE TOWN; PROVIDING APPLICABLE REGULATIONS;PROVIDING
A SAVINGS AND REPEALER CLAUSE; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
the Town Council of the Town of Trophy Club, Texas (the “Town”),
WHEREAS,
is authorized and empowered by law, in accordance with Chapter 212 of the Texas
Local Government Code, to regulate the subdivision of land and property development
within the Town; and
on 2 December, 2002, the Town adopted Ordinance No. 2002-41
WHEREAS,
P&Z, amending Ordinance No. 2000-06 P&Z of the Town, the same being the
Comprehensive Zoning Ordinance, and amending the official zoning map of the Town
by changing the zoning on a certain tract of land described as a 16.0 acre tract of land
located generally to the North of State Highway 114, West of T.W. King Road, and
South of Hanna and Jamie Court, from its then current zoning of “CG”, Commercial
General, to PD Planned Development No. 25, Trophy Wood Business Center; and
the developer of Lot 2R-2, Block B, Trophy Wood Business Center
WHEREAS,
(Tract 3)has requested an amendment to PD-25 for the purpose of seeking approval of
a Final Detailed Site Plan, Landscape Plan and Plant List, Building Elevations, Sight
Line Studies, Photometric Plan, for Lot 2R-2, Block B, Trophy Wood Business Center
(Tract 3)and such amendments are set forth herein and in Exhibits 3-1 through 3-6 to
Exhibit “D-3, entitled “Tract3 Development Plans”, and
Town CouncilPage 84 of 313Meeting Date: August 23, 2016
Exhibit B
all legal notices, requirements and conditions having been complied
WHEREAS,
with, the case to rezone the Land came before the Planning and Zoning Commission;
and
after public notices were given in compliance with State law and
WHEREAS,
public hearings were conducted, and after considering the information submitted at
those public hearings and all other relevant information and materials, the Planning and
Zoning Commission of the Town has recommended to the Town Council the adoption of
the amendments to Ordinance No. 2002-41 P&Z as set forth in this Ordinance; and
after complying with all legal notices, requirements, and conditions,
WHEREAS,
a public hearing was held before Town Council at whichthe Town Council considered,
among other things, the character of the land and its suitability for particular uses, with a
view of encouraging the most appropriate use of land in the Town, and does hereby find
that the rezoning approved hereby accomplishes such objectives; and
he Town Council has determined that there is a necessity and need
t
WHEREAS,
for the change in zoning and that the proposed change is consistent with the
Comprehensive Land Use Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
Exhibit “D-3” entitled “Tract 3 Development Plans” of Ordinance No. 2002-41
P&Z of the Town of Trophy Club, Texas, the same being PD Planned Development No.
25, Trophy Wood Business Center, is hereby adoptedto add the following regulations
relating to Lot 2R-2, Block B, Trophy Wood Business Center(Tract 3)and to
incorporate Exhibits 3.1 through 3.6to Exhibit “D-3” so that Exhibit “D” shall include the
following and shall also include Exhibits 3.1 through 3.6, and all other articles, chapter,
sections, paragraphs, sentence, phrases and words arenot amended but are hereby
ratified and affirmed.
LOT 2R-2, BLOCK B, TROPHY WOOD BUSINESS CENTER (TRACT 3):
A.Final Detailed Site Plan: A Final Detailed Site Plan for Lot 2R-2, Block B,
Trophy Wood Business Center (Tract 3)of this PD Planned Development,
and all parts therefore, is attached hereto as Exhibit “3.1”, “Final Detailed
Site Plan”, of Exhibit D-3, “Tract 3 Development Plans”, and incorporated
herein as if copied in its entirety. The Final Detailed Site Plan shall be
adhered to in carrying out the development of Lot 2R-2, Block B, Trophy
ORD 2015-44 P&Z Town CouncilPage 85 of 313Meeting Date: August Page 2 of 12 23, 2016
Exhibit B
Wood Business Center (Tract 3) of the Land and compliance with each
and every part of such Final Detailed Site Plan shall constitute as a
condition precedent to the issuance of any building permit for Lot 2R-2,
Block B, Trophy Wood Business Center (Tract 3) of the land in the PD
PlannedDevelopment District.
B.Landscape Plan & Plant List:The landscape plan and plant list for Lot 2R-
2, Block B, Trophy Wood Business Center (Tract 3) of this PD Planned
Development are attached hereto as Exhibit “3.2”, “Landscape Plan and
Plant List”,ofExhibit D-3, “Tract 3 Development Plans”,and are
incorporated herein as if copied in their entirety.
C. Building Elevations.The building elevations for Lot 2R-2, Block B, Trophy
Wood Business Center (Tract 3) of this PD Planned Development are
attached hereto as Exhibit “3.3”, “Building Elevations”,of Exhibit D-3,
“Tract 3 Development Plans”,and are incorporated herein as if copied in
their entirety. Roof signage and wall signage shall be permitted as shown
on Exhibit “3.3”.
D. Site Line Studies.The site line studies for Lot 2R-2, Block B, Trophy
Wood Business Center (Tract 3) of this PD Planned Development are
attached hereto as Exhibit “3.4”, “Site Line Studies”,of Exhibit D-3, “Tract
3 Development Plans”,and are incorporated herein as if copied in their
entirety.
E. Photometric Plan.A photometric plan for Lot 2R-2, Block B, Trophy Wood
Business Center (Tract 3) ofthis PD Planned Development is set forth as
Exhibit “3.5”, “Photometric Plan”, of Exhibit D-3, “Tract 3 Development
Plans”,which is attached hereto and incorporated herein as if copied in its
entirety.
F. Retaining Wall and Fence Criteria.The wall surrounding the dumpster
enclosurefor Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3)
of this PD Planned Development is set forth as Exhibit “3.6”, “Retaining
Wall and Fence Criteria”,of Exhibit D-3, “Tract 3 Development Plans”,
which is attached hereto and incorporated herein as if copied in its
entirety.
G.All parking lot landscape islands shall meet the landscaping requirements
in the Code of Ordinances.
SECTION 3.
APPLICABLE REGULATIONS
In all respects the Land shall be subject to the applicable regulations contained in
the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances
andregulations of the Town.
ORD 2015-44 P&Z Town CouncilPage 86 of 313Meeting Date: August Page 3 of 12 23, 2016
Exhibit B
SECTION 4.
SAVINGSAND REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting
the regulation of land and zoning and shall not repeal any of the provisions of those
ordinances except in those instances where the provisions of those Ordinances are in
direct conflict with the provisions of this Ordinancewhether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect..Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
ON 5.
SECTI
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount notless than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed each day
during or on which a violation occurs or continues.The penalty provided by this section
shall be cumulative of all other penalties allowed by law, including without limitation, civil
remedies available for enforcement of this Ordinance.
SECTION 6.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause 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 that it would have passed such remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section
52.011 of the Texas Local Government Code.
ORD 2015-44 P&Z Town CouncilPage 87 of 313Meeting Date: August Page 4 of 12 23, 2016
Exhibit B
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
andenroll this Ordinance by filing this Ordinance in the ordinance records of the Town.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
by the Town Council of the Town of Trophy Club,
PASSED AND APPROVED
Texas, this 8thday ofDecember,2015.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
ORD 2015-44 P&Z Town CouncilPage 88 of 313Meeting Date: August Page 5 of 12 23, 2016
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Town Boundary
2016
Trophy Club
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City of Southlake
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Town of Westlake
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2016-28P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE 2015-44 P&Z CONDITIONS APPROVING
THE SIGN PACKAGE FOR LOT 2R-2, BLOCK B, TROPHY WOOD
BUSINESS CENTER, ATTACHED HERETO AS EXHIBIT 3-7;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
,Ordinance 2002-41 P&Z, creating the PD 25 zoning district, was
WHEREAS
approved by the Town Council on December 2, 2001; and
Ordinance 2015-44 P&Z, approving the site plan package for Lot
WHEREAS,
2R-2, Block B, Trophy Wood Business Center(Tract 3), and amending Ordinance 2002-
41 P&Z, was approved by the Town Council on December 8, 2015; and
the developer of Lot 2R-2, Block B, Trophy Wood Business Center
WHEREAS,
(Tract 3) has requested an amendment to Ordinance 2015-44 P&Z, which approvedthe
site plan package for Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3), for the
purpose of seeking approval of the sign package for Lot 2R-2, Block B, Trophy Wood
Business Center (Tract 3) and amendment is set forth herein in Exhibit 3-7; and
all legal notices, requirements and conditions having been complied
WHEREAS,
with, the case to rezone the Land came before the Planning and Zoning Commission;
and
after public notices were given in compliance with State law and
WHEREAS,
public hearings were conducted, and after considering the information submitted at
those public hearings and all other relevant information and materials, the Planning and
Zoning Commission of the Town has recommended to the Town Council the adoption of
the amendments to Ordinance No. 2015-44 P&Z as set forth in this Ordinance; and
after complying with all legal notices, requirements, andconditions,
WHEREAS,
a public hearing was held before Town Council at whichthe Town Council considered,
among other things, the character of the land and its suitability for particular uses, with a
view of encouraging the most appropriate use of land in the Town,and does hereby find
that the rezoning approved hereby accomplishes such objectives; and
the Town Council has determined that there is a necessity and need
WHEREAS,
for the change in zoning and that the proposed change is consistent with the
Comprehensive Land Use Plan.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Town CouncilPage 161 of 313Meeting Date: August 23, 2016
THAT the above and foregoing premises are true and correct and
SECTION 1.
are incorporated herein and made a part hereof for all purposes.
THAT Ordinance No. 2015-44 P&Z of the Town of Trophy Club,
SECTION 2.
Texas, approving the site plan package for Lot 2R-2, Block B,
Trophy Wood Business Center (Tract 3), is hereby amended to add
Exhibit3.7 - Sign Package, subject to the following conditions:
A.Priorto the issuance of the Certificate of Occupancy, minor
modifications to final sign placement shall be permitted upon the
approval of the Town Manager or their designee. Minor
modifications shall only include the following: reductions in sign
dimensions; changes in location of the sign only within the
approved building elevation, and minor modifications to sign
lettering style and background. Upon the issuance of the final
Certificate of Occupancy, any subsequent sign modifications
that result in anychange to the final approved signage shall
requirean amendment to this ordinance.
THAT if any section, paragraph, subdivision, clause, phrase or
SECTION 3.
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect thevalidity of this
ordinance as a whole or any portion thereof other than that portion
so decided to be invalid or unconstitutional.
THAT this ordinance shall take effect immediately from and after its
SECTION 4.
passage.
THAT all other provisions of the zoning regulations, PD 25
SECTION 5.
development regulations,Ordinance 2015-44 P&Z, and the Code of
Ordinances shall remain in full force and effect, except as amended
herein.
by the Town Council of the Town of Trophy Club,
PASSED AND APPROVED
Texas, this23rdday of August 2016.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:APPROVED AS TO FORM:
Holly Fimbres, Town SecretaryDavid Dodd, Town Attorney
Town of Trophy Club, TexasTown of Trophy Club, Texas
ORD 2016-28P&Z Page 2 of 2
Town CouncilPage 162 of 313Meeting Date: August 23, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-477-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:8/15/2016 In control:Town Council
On agenda:8/23/2016 Final action:
Title:Consider and take appropriate action regarding an Ordinance for a request to amend Ordinance No.
2002-41 P&Z, PD Planned Development District No. 25 in order to approve the signage plan for
Bread Winners Cafe, on Lot 2R2, Block B, Trophy Wood Business Center, located at 3000 State
Highway 114, Case PD-AMD-16-051 (Staff).
Attachments:
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardinganOrdinanceforarequesttoamendOrdinanceNo.2002-41P&Z,PD
PlannedDevelopmentDistrictNo.25inordertoapprovethesignageplanforBreadWinnersCafe,onLot2R2,BlockB,
Trophy Wood Business Center, located at 3000 State Highway 114, Case PD-AMD-16-051 (Staff).
Town CouncilPage 172 of 313Meeting Date: August 23, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-479-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:8/15/2016 In control:Town Council
On agenda:8/23/2016 Final action:
Title:Consider and take appropriate action regarding approval of an Agreement for Comprehensive Land
Use Plan Update Services for the Town of Trophy Club; and authorizing the Town Manager or his
designee to execute all necessary documents (Staff).
Attachments:Staff Report - Comp Land Use Plan Update.pdf
Exhibit A – Agreement for Professional Services and Scope of Work.pdf
Exhibit B – Fee Breakdown by Task.pdf
Exhibit C – Tentative Plan Update Schedule.pdf
Exhibit D – Freese and Nichols Statement of Qualification.pdf
Exhibit E – 1997 Trophy Club Comprehensive Land Use Plan.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingapprovalofanAgreementforComprehensiveLandUsePlanUpdate
ServicesfortheTownofTrophyClub;andauthorizingtheTownManagerorhisdesigneetoexecuteallnecessary
documents (Staff).
Town CouncilPage 173 of 313Meeting Date: August 23, 2016
To: Mayor and Town Council
From:Ron Ruthven, TownPlanner
CC: Stephen Seidel, Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Comprehensive Land Use Plan Update
Town Council Meeting, August 23, 2016
Agenda Item:
Consider and take appropriate action regarding approval of an Agreement for Comprehensive
Land Use Plan Update Services for the Town of Trophy Club; and authorizing the Town Manager
or his designee to execute all necessary documents (Staff).
Explanation:
The purpose of this item is to review and approve the professional services agreement (PSA)
with the consulting firm of Freese and Nichols, Inc. (FNI) to update the Town’s Comprehensive
Land Use Plan. FNI is the firm recommended by staff to perform this service after conducting a
nationwide request for qualifications (RFQ) and conducting interviews with the finalist firms.
Attached is the PSA, proposed schedule and scope of work. The proposed fee for the entire
update is $155,000.00, which is consistent with the amount included in the FY 2016-2017
budget for this item.
A copy of FNI’s statement of qualification is attached.
Comprehensive Plan Background And History:
Since the Town of Trophy Club was incorporated in 1985, the Townhas completed three
Comprehensive Land Use Plan updates including the original plan adoption: 1987, 1992 and
1997.
Generally speaking, a comprehensive plan provides a vision for the community’s future. It
guides future community growth and development while also providing a visionary framework
for redevelopment. It also supports the economic vitality and quality of life of the community
and should be the basis for decision-making and priority-setting for future community
infrastructure and public facility investments.
Page 1 of 3
Town CouncilPage 174 of 313Meeting Date: August 23, 2016
In 1997, the legislature adopted Texas Local Government Code, Chapter 213, which specifically
authorized municipalities to adopt a comprehensive plan for the long-range development of
the community. The content and design of the plan, and its relationship to the community’s
development regulations is within the community’s discretion to determine, either by charter
or ordinance. Chapter 213 states that a comprehensive plan may be adopted or amended as
follows:
- public hearing with opportunity for public testimony and submission of written evidence;
- review by the Zoning Commission and city staff;
- additional requirements may be established by the city, and must be followed;
- existence of other plans, policies or strategies does not preclude adoption or amendment of a
comprehensive plan;
- the map relating to a comprehensive plan shall contain the following statement: “A
COMPREHENSIVE PLAN SHALL NOT CONSTITUTE ZONING REGULATIONS OR ESTABLISH ZONING
DISTRICT BOUNDARIES.”
In Trophy Club, Section 8.06 of the Town Charter states the following with regard to the Plan:
“Section 8.06 Comprehensive Master Plan
No later than two (2) years after the adoption of this Charter, the Council shall adopt a
comprehensive master plan projecting for at least five (5) years the growth and physical
development of the Town pursuant to the provisions of State law. The Council shall establish
and adopt by ordinance a procedure for periodic review and/or revision of the comprehensive
master plan. The Town may adopt the comprehensive master plan by resolution or by ordinance
following a public hearing upon which public input is received. The purpose of the
comprehensive master plan is to guide the growth and development of the Town and to
establish the standards that the Town will seek to attain through the adoption of its
development regulations to include its zoning regulations, subdivision regulations, building and
construction regulations, landscaping regulations, signage regulations and other related police
power enactments. The comprehensive master plan shall identify the goals and objectives of the
community for growth and development and shall serve as the basis of the Town’s capital
improvement program for the development and construction of public works infrastructure.”
The current Comprehensive Land Use Plan was adopted in 1997. The Town is nearing complete
build-out, which is juxtaposed against rapid regional growth creating extremely high market
demand for the Town’s limited housingstock. Given this and other issues, it is envisioned that
the plan will address the following issues facing the Town in the next two decades:
Page 2 of 3
Town CouncilPage 175 of 313Meeting Date: August 23, 2016
Aging infrastructure;
Redevelopment and rehabilitation of older residential properties;
Redevelopment of key older residential properties to potential commercial uses;
Outdated development codes, many of which were drafted when the Town was created in
1985 that focus on new development; not redevelopment;
Limited and disjointed pedestrian mobility;
Abandoned gas well sites;
The future of the country club property and its long-term land use relationship to the
remainder of the Town.
Much of the Plan’s focus will be on engaging the community to provide valuable feedback to, as
best as possible, paint a shared vision for the future of Trophy Club.
Next Steps And Schedule:
Upon approval and subsequent execution of the PSA, staff will come back to the Council with
options on forming a forming a Comprehensive Plan Advisory Committee (CPAC), which will be
the first order of business before proceeding with the other components in the plan update.
Staff Recommendation:
Staff recommends approval of the PSA contract.
Attachments:
Exhibit A – Agreement for Professional Services and Scope of Work
Exhibit B – Fee Breakdown by Task
Exhibit C – Tentative Plan Update Schedule
Exhibit D – Freese and Nichols Statement of Qualification
Exhibit E – 1997 Trophy Club Comprehensive Land Use Plan
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
Town CouncilPage 190 of 313Meeting Date: August 23, 2016
Updated 7/26/2016 1:25 PM
Prepared by Freese and Nichols, Inc.
Updated 7/26/2016 1:29 PM
Status
Dec
Nov
Oct
Sep
Aug
Jul
2017
Jun
Tentative Project Schedule: Town of Trophy Club Comprehensive Plan
May
Apr
Mar
Note: Task 8 (Comprehensive Plan Document) and Task 9 (Community Engagement) are conducted throughout the planning process
Feb
Jan
Exhibit C
Dec
Nov
2016
Oct
Sep
Date
TBDTBDTBDTBDTBDTBDTBDTBD
Task 5: Neighborhood Assessment and Sustainability
Task 6: Economic and Redevelopment Opportunities
Item, Tasks, and Meetings
Task 2: Vision and Goals (Draft provided to CPAC)
Task 1: Population and Socio-economic Conditions
Provide draft report to Town and CPAC for review
: Introduction, visioning, input
: Introduction, visioning, input
and site tour with Town staff
: Implementation Priorities
Town to provide comments for draft plan
: Recommendations
Prepare and provide final draft report
Recommendations
k 3: Future Land Use Plan
k 7: Implementation Plan
Task 4: Transportation Plan
Prepared by Freese and Nichols, Inc.
ion Meeting 1Adoption Meeting 2
Kick-off Meeting
Public Meeting 1Public Meeting 2
Final deliverables
CPAC Meeting 1CPAC Meeting 1CPAC Meeting 3
Online survey
dopt
asas
TTA
Exhibit D
STATEMENT OF QUALIFICATIONS
TOWN OF TROPHY CLUB
Town CouncilPage 193 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
Trophy Club Comprehensive Plan
Freese and Nichols, Inc.
Town CouncilPage 194 of 313Meeting Date: August 23, 2016
Exhibit D
Town CouncilPage 195 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
Table of Contents
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Town CouncilPage 196 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
Respecting the Past,
Choosing the Future
A Time of Critical Decision
Town CouncilPage 197 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
Firm Background
Freese and Nichols
F
Trusted Advisors
Our focus
Using A
Town CouncilPage 198 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
National-Level Planning Capabilities
AM
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H
Anna
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F
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Fate
L
V
W
C
R
G
Center
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Exhibit D
STATEMENT OF QUALIFICATIONS
List of Firm Principals
AT FNI
8
45
4
Town CouncilPage 200 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
AT FNI
List of Current Active Projects
LOCATIONSTATUS
5
Town CouncilPage 201 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
LOCATIONSTATUS
Town CouncilPage 202 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
FNI’s Planning Awards and Recognition
Town CouncilPage 203 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
Catalyst
Commercial
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LOCATIONSTATUS
8
Town CouncilPage 204 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
Relevant Experience
Comprehensive Plan –
Central Area
Town CouncilPage 205 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
Cedar Park Comprehensive Plan
Town CouncilPage 206 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
Lewisville Vision 2025
–
Town CouncilPage 207 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
Town CouncilPage 208 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
Town CouncilPage 209 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
Comprehensive Plan
Town CouncilPage 210 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
Comprehensive Plan
Town CouncilPage 211 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
“Envision Odessa” Comprehensive Plan
Town CouncilPage 212 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
Town CouncilPage 213 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
Team Composition
Organizational Chart
PRINCIPAL-IN-CHARGEQUALITY CONTROL |
PROJECT MANAGER
IMPLEMENTATION
WORK AREAS
RECREATION
INFRASTRUCTURE –INFRASTRUCTURE –
WATER/WASTEWATERSTORMWATER
Descriptions of Team Members’ Respective Roles
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Exhibit D
STATEMENT OF QUALIFICATIONS
®
Water/Wastewater
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Town CouncilPage 215 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
Professional References
FNI References
Town CouncilPage 216 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
Statement of Philosophy and Understanding
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Town CouncilPage 217 of 313Meeting Date: August 23, 2016
Exhibit D
Appendix
Town CouncilPage 218 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
PRINCIPAL-IN-CHARGE
RELEVANT PROJECT EXPERIENCE
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Exhibit D
STATEMENT OF QUALIFICATIONS
PROJECT MANAGER
RELEVANT PROJECT EXPERIENCE
Town CouncilPage 220 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
QUALITY CONTROL | IMPLEMENTATION
RELEVANT PROJECT EXPERIENCE
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Town CouncilPage 221 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
AP
®
RELEVANT PROJECT EXPERIENCE
Town CouncilPage 222 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
KEVIN ST. JACQUES, P.E., PTOE, PTP
RELEVANT PROJECT EXPERIENCE
Town CouncilPage 223 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
INFRASTRUCTURE – STORMWATER
RELEVANT PROJECT EXPERIENCE
Town CouncilPage 224 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
JESSICA BROWN, P.E.
INFRASTRUCTURE – WATER/WASTEWATER
RELEVANT PROJECT EXPERIENCE
Town CouncilPage 225 of 313Meeting Date: August 23, 2016
Exhibit D
STATEMENT OF QUALIFICATIONS
JASON CLAUNCH
RELEVANT PROJECT EXPERIENCE
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Exhibit D
OUR GUIDING PRINCIPLES
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Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-478-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:8/15/2016 In control:Town Council
On agenda:8/23/2016 Final action:
Title:Consider and take appropriate action regarding a Resolution approving a request by the Northwest
Independent School District for a temporary use permit in order to allow a portable classroom building
at Beck Elementary School, located at 401 Parkview Drive, Case TUP-16-008 (Staff).
Attachments:Staff Report - Case #TUP-16-008.pdf
Exhibit A – Application.pdf
Exhibit B – Site Plan.pdf
Exhibit C – Safety and Security Plan.pdf
Exhibit D – Temporary Use Regulations as of 8102016.pdf
Exhibit E – Location Maps and Aerial Exhibits.pdf
Exhibit F – Resolution 2016-20.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingaResolutionapprovingarequestbytheNorthwestIndependentSchool
DistrictforatemporaryusepermitinordertoallowaportableclassroombuildingatBeckElementarySchool,locatedat
401 Parkview Drive, Case TUP-16-008 (Staff).
Town CouncilPage 281 of 313Meeting Date: August 23, 2016
To: Mayor and Town Council
From:Ron Ruthven, TownPlanner
CC: Stephen Seidel, Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Case #TUP-16-008
Town Council Meeting, August 23, 2016
Agenda Item:
Consider and take appropriate action regarding a Resolution approving a request by the
Northwest Independent School District for a temporary use permit in order to allow a portable
classroom building at Beck Elementary School, located at 401 Parkview Drive, Case TUP-16-008
(Staff).
Request Details:
The Northwest Independent School District (NISD) is requesting the approval of temporary use
permit in order to place a temporary classroom behind Beck Elementary at 401 Parkview Drive.
The building will be 24’ x 64’ and 1,536 square feet in size. The building will be located behind
the school.
According to the applicant, the proposed building was manufactured by Indicom, located in
Burleson Texas. This building will be a dry installation and will not have water or restroom
facilities. This building will be equipped with a "stand alone" Fire Alarm system, which will be
slaved to the main system in the School. The power for this building will be tied into the main
building. Access to the building will provided via an ADA compliant ramp to be constructed on-
site and the building will be connected by a breezeway to the main building. A fence, material
and height not specified, will be constructed between the building and trail located behind the
building.
Based on a statement at the August 9, 2016 Town Council meeting from the NISD
Superintendent, NISD requests that the classroom be allowed to remain on the site for a
minimum of two years.
There are currently no portable classroom buildings located on any school campus in the Town.
The following is a chronology of this item:
5/17/2016: Application and request received from NISD to place a portable classroom
building at Beck Elementary;
Page 1 of 3
Town CouncilPage 282 of 313Meeting Date: August 23, 2016
6/2/2016: Planning and Zoning Commission (P&Z) considers both the request by the
applicant and the proposed potential regulations from staff that would enable
the Town to regulate the portable building.
6/2/2016: The P&Z votes to table both requests as follows:
-The amendments to the temporary use standards in Code of Ordinances are
tabled to a workshop for further discussion;
-The NISD TUP request is tabled for future consideration by the P&Z only after
the Council adopts regulations concerning portable classrooms.
6/23/2016:The P&Z conducts a workshop to discuss how to regulate portable classrooms
and other temporary uses. The P&Z directs staff to amend the original potential
amendments to the TUP regulations.
7/12/2016: The Town Council reviews the above Planning and Zoning Commission
recommendations from the June 23, 2016 workshop and directs staff to move
forward with the amendments as recommended by the Planning and Zoning
Commission.
7/21/2016: The Planning and Zoning Commission considers and recommends approval of the
amendments to the temporary use regulations.
8/9/2016: The Town Council approves the final amendments to the temporary use
regulations.
8/18/2016: The Planning and Zoning Commission considers approval of a temporary use
permit for a portable classroom at Beck Elementary.
8/22/2016: NISD 2016/2017school year begins
8/23/2016: Town Council considers approval of a temporary use permit for a portable
classroom at Beck Elementary pending the recommendation of the Planning and
Zoning Commission on August 18, 2016.
ANAYSIS OF REQUEST VERSUS NEW TUP REGULATIONS:
The following analysis is based on compliance with Section (a)8 in the newly amended
temporary use provisions in the Code of Ordinances. Comments are shown in red italics:
A.Prior to consideration, the applicant shall provide the proposed color of the portable
classroom building, which shall require the final approval of the town council upon the
recommendation of the planning and zoning commission. Masonry shall not be a required
exterior wall material; At the time of this briefing no color specifics have been provided.
B.Portable classroom buildings shall have breezeway and overhead shelter connections to the
main school building; The site plan shows a breezeway connection to the main building.
The proposed breezeway must comply with all building code requirements.
C.Unless specified differently by the town council, a portable classroom shall not be placed on
any school property any longer than one year from the date of approval by the town
council; The applicant is requesting that the building remain for two years.
D.Portable classroom buildings shall be connected to the fire alarm system for the primary
building as well as to the primary building’s principal communication system; As noted
above, the building will be connected to a “stand-alone” fire alarm system and will not be
Page 2 of 3
Town CouncilPage 283 of 313Meeting Date: August 23, 2016
connected to the main system in the building. According to the attached safety and security
plan, the building will connected to the main building’s PA system and portable classroom
teachers will each have radios as a method of communication with the school.
E.Prior to occupancy, a portable classroom building shall be inspected by the town. The town
shall have the authority to inspect the building at any time as determined by the town
manager or their designee; This requirement will remain in effect.
F.The portable classroom building shall be anchored in order to withstand a severe wind
event; To date, there have been no details provided on a building anchoring system.
G.Portable classroom buildings shall adhere to the overall school campus security plan such
that an active shooter would not have an additional advantage apart from the existing
school security plan. The Police Chief to review and approve the plan prior to occupancy of
the building; Attached is a safety and security plan provided by NISD. A final review by the
Police Chief will be required prior to building occupancy.
H.Any other conditions as determined by the town council at final approval. To date, based
on the current submittal, final waivers would be required for items A,C,D and F above.
Current Conditions And Zoning:
The subject property contains 8.7 acres and is developed as Beck Elementary School. The
property is platted as part of the NISD East Campus Addition and is zoned CR-Commercial
Recreation.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission considered this item on August 18, 2016 after the Council
packet was sent. Staff will provide an update to the Council concerning the Commission’s
action prior to the start of the August 23, 2016 meeting.
Staff Review and Recommendation:
The proposed portable classroom building would be located behind the school and is proposed
to be in place for a maximum of two years with any time extensions requiring further legislative
approval. Based on the recently amended temporary use permit regulations, notwithstanding
incomplete new application requirements given the timing of the amendments, waivers are
being requested to maximum time duration for the building, building color, anchoring
requirements and fire alarm integration with the main building.
Staff recommends approval subject to any final conditions imposed by the Planning and Zoning
Commission.
Attachments:
Exhibit A – Application
Exhibit B – Site Plan
Exhibit C – Safety and Security Plan
Exhibit D – Temporary Use Regulations as of 8/10/2016
Exhibit E – Location Maps and Aerial Exhibits
Exhibit F – Resolution 2016-20
Page 3 of 3
Town CouncilPage 284 of 313Meeting Date: August 23, 2016
Exhibit A
TOWN OF TROPHY CLUB
100 MUNICIPAL DRIVE
TROPHY CLUB, TEXAS 76262
PH) 682.831.4680 FAX) 817.490.0705
Town Website: www.trophyclub.org
GENERAL PERMIT APPLICATION
PROJECT ADDRESS: 401ParkviewDrive,TrophyClub,Tx.76262
SELECT PERMIT TYPE
ELECTRICAL MECHANICAL PLUMBING IRRIGATION RE-ROOF
( )
( ) ( ) ( ) ( )
Setupofa24'X64'modulardoubleclassroombuilding.
NorthwestISD,MaintenanceDepartment
APPLICANT/CONTRACTOR:
1800StateHwy114
BUSINESS ADDRESS:
Justin,Texas,76247
CITY, STATE, ZIP CODE:
817-215-0019,817-215-0020
817-215-0077
WORK PHONE #: FAX #:
jsadler@nisdtx.org
EMAIL ADDRESS:
PLEASE GIVE DETAILED DESCRIPTION OF WORK TO BE PERFORMED:
Weneedtomoveinandsetupaindustrialized24'X64'doubleclassroombuildingtoaccommodate
increasedenrollment.ThisbuildingwasmanufacturedbyIndicom,locatedinBurlesonTexas.Thisbuilding
willbeadryinstallationandwillnothavewaterorrestroomfacilitieslocatedinit.Thisportablewillbe
equippedwitha"standalone"FireAlarmsystem,whichwillbeslavedtothemainsystemintheSchool.The
powerforthisbuildingwillbetiedintothemainbuilding.
AccesswillbeprovidedviaaADAcompliantramp&landing,constructedonsite.
$25,000.00
VALUATION OF PROPOSED WORK $
*INDICATE SHINGLE MATERIAL AND WARRANTY FOR
RE-ROOF PERMITS
*STATE HEIGHT AND MATERIALS USED AND INCLUDE
SITE PLAN/SURVEY SHOWING FENCE WORK FOR
FENCE PERMITS
*PLEASE INCLUDE SITE PLAN/SURVEY SHOWING LOCATION OF SIGN FOR SIGN PERMITS
PERMIT FEE: $75.00
JimSadler
05/17/2016
SIGNATURE: DATE:
Town CouncilPage 285 of 313Meeting Date: August 23, 2016
2016
23,
August
Date:
Meeting
Exhibit B
313
of
286
Page
Council
Town
Exhibit C
Town CouncilPage 287 of 313Meeting Date: August 23, 2016
Exhibit C
Town CouncilPage 288 of 313Meeting Date: August 23, 2016
Exhibit C
Town CouncilPage 289 of 313Meeting Date: August 23, 2016
Exhibit D
Section 14.02.251 Temporary Uses (as amended on 8/9/2016)
(a) Permitted uses. The following uses, which are classified as temporary uses, may
be permitted for a period of time by the town council, after recommendation by
the planning and zoning commission. Said period of time shall be determined at
the time of approval but shall not exceed the time limit for selected uses as
provided herein.
(1)Community garage sales, by special privilege, see subsection(e) of this
section.
(2)Concrete mixing or batching plant used temporarily by contractors during the
construction of public improvements or buildings and, in such cases, the
period of time for which the use is granted may be for a period of time
provided in the contract for completion of such public improvement or
building, providing such temporary use is renewed annually.
(3) Temporary sales of merchandise by nonprofit organizations.
(4) Real estate sales offices (located in a permanent residential structure), but only
during the development of residential subdivisions, provided that such use
shall not be permitted for more than three (3) years.
(5) Off-street parking for model homes in residential districts, provided on one lot
which complies with all setback requirements of the district in which it is
located for a time period of not greater than one year. However, such
temporary use may be renewed annually.
(6) Construction office used temporarily by contractors during the constructionof
public improvements or building and, in such cases, the period of time for
which the use is granted may be for a period of time provided in the contract
for completion of such improvement or building, providing such temporary
use is renewed annually.
(7) Real estate offices (located in trailer or manufactured housing), but only for a
time period not to exceed six (6) months; however such uses may be renewed
one (1) time.
(8)Portable classroom buildings for a public school subject to the following
conditions:
A.Prior to consideration, the applicant shall provide the proposed color of the
portable classroom building, which shall require the final approval of the
town council upon the recommendation of the planning and zoning
commission. Masonry shall not be a required exterior wall material;
Town Council Page 1 of 3 Page 290 of 313Meeting Date: August 23, 2016
Exhibit D
B.Portable classroom buildings shall have breezeway and overhead shelter
connections to the main school building;
C.Unless specified differently by the town council, a portable classroom
shall not be placed on any school property any longer than one year from
the date of approval by the town council;
D.Portable classroom buildings shall be connected to the fire alarm system
for the primary building as well as to the primary building’s principal
communication system;
E.Prior to occupancy, a portable classroom building shall be inspected by the
town. The town shall have the authority to inspect the building at any
time as determined by the town manager or their designee;
F.The portable classroom building shall be anchored in order to withstand a
severe wind event;
G.Portable classroom buildings shall adhere to the overall school campus
security plan such that an active shooter would not have an additional
advantage apart from the existing school security plan. The Police Chief
to review and approve the plan prior to occupancy of the building;
H.Any other conditions as determined by the town council at final approval.
(9)Estate sales.An estate saleis a sale or auctionto dispose of a substantial
portion of the materials owned by a person. Estate sales shall not include
garage salesand shall not contain any items for sale that are visible from the
street. Only one estate sale shall be allowedper address in any oneyear
period. An estate sale shall only require the approval of the planning and
zoning administrator or their designee and shall only require the submission of
a temporary use permit application and fee.
(10) Any other temporary use not listed herein. Said unlisted use shall be
considered by the town council upon the recommendation of the planning and
zoning commission.
(b) Temporary use permit.Including the application requirements contained in
Section (e), apermit for the temporary use of any property for the above-listed
uses shall be secured from the town planning and zoning administrator prior to
such use, after approval by the town council and after payment of all applicable
fees.Final council approval shall be in the form of a resolution. Said resolution
may contain any conditions, or waivers to this section, imposed by the Council as
a condition of approval in order to ensure that said use is allowed and conducted
such that the community’s health, safety and welfare is protected.
(c) Time period.
(1) Except where provided herein, the time period for any use allowed by this
section shall be specified in the approving resolution and may not be extended
without the approval of the Town Council.
Town Council Page 2 of 3 Page 291 of 313Meeting Date: August 23, 2016
Exhibit D
(2) Any extension of the temporary use permit shall be issued by the town council
upon written request by the applicant.
(d) Community garage sale by special privilege. Upon approval by the town council,
after recommendation by the planning and zoning commission, a community
garage sale shall be permitted by special privilege to civic organizations or
nonprofit organizations. Such events shall not occur more than twice annually;
and each event shall be one day in duration. Approval of said special privilege
shall bea condition to prior approval of operations of the event and the proposed
locations of the garage sale sites by the town department of public safety.
(e)Application requirements.An application for a temporary use permit shall be
submitted a minimum of 30 days before the proposed use is to begin. At a
minimum, the application shall contain the following:
(1)A completed temporary use permit application to include the written
authorization of the property owner if the property owner is not the applicant;
(2)Payment of a temporary use permit fee;
(3)A detailed written description of the request including the proposed time
period for the temporary use;
(4)A site plan, drawn to scale, of the proposed location of the temporary use
including any site conditions such as parking, landscaping, screening,
setbacks, etc.;
(5)Pictures and/or architectural building elevations of any proposed buildings
and structures;
(6)Architectural and/or engineered specifications of any proposed buildings and
structures where applicable.
Town Council Page 3 of 3 Page 292 of 313Meeting Date: August 23, 2016
City of Southlake
2016
23,
August
Date:
Meeting
Beck Elementary
Location of Proposed
Building
Location Map
Exhibit E
313
of
293
Page
Town Boundary
City of Roanoke
Trophy Club
Council
Town
2016
23,
August
Date:
Meeting
Beck Elementary
Location of Proposed
Building
Bird’s Eye View
Exhibit E
313
of
294
Page
City of Roanoke
Bread Winners
Site
Council
Town
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2016-20
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB APPROVING A TEMPORARY USE PERMIT FOR THE
NORTHWEST INDEPENDENT SCHOOL DISTRICT TO PLACE A
PORTABLE CLASSROOM BUILDING AT BECK ELEMENTARY
SCHOOL LOCATED AT 401 PARKVIEW DRIVE AND PROVIDING FOR
CONDITIONS.
the Northwest Independent School District(NISD) has filed a
WHEREAS,
temporary use permit application and formally requested to place a portable classroom
building behind Beck ElementarySchool located at401 Parkview Drive in Town of
Trophy Club; and
Section 14.02.251 – Temporary Uses in the Trophy Club Code of
WHEREAS,
Ordinances requires a temporary use permit to be approved by the Town Council
through a Resolution.
,
NOW THEREFOREBE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section1. Thatthe request by NISD for a temporary use permit for a portable
classroom building at Beck Elementary School located at 401 Parkview Drive is hereby
approved subject to the following conditions:
(A)The portable classroom building shall be located on the site as shown on the
attached ExhibitA;
(B)The portable classroom building shall be consistentwith the provisionsand
specificationsstatedand describedin ExhibitB;
(C)The color of the portable classroom building shall generally match the color of the
principal building;
(D)The portable classroom building shall be removed from the property no later than
two years from approval date of this resolution;
(E)The fire alarm and communication system in the building shall comply with the
provisions is ExhibitB;
(F)The temporary use permit application requirements contained in Section
14.02.251(e) of the Code of Ordinances are hereby waived for this portable
classroom building.
Section 2.That the temporary use permit authorized by this Resolution shall
comply with all Town of Trophy Club codes and ordinances, exempt where specifically
exempted herein.
Town CouncilPage 295 of 313Meeting Date: August 23, 2016
Section 3.This Resolution shall take effect from and after its date of passage
in accordance with law.
by the Town Council of the Town of Trophy Club,
PASSED and APPROVED
Texas on this 23rdday of August2016.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
David Dodd, Town Attorney
Town of Trophy Club, Texas
RES 2016-20 Page 2 of 2
Town CouncilPage 296 of 313Meeting Date: August 23, 2016
Exhibit A
Town CouncilPage 297 of 313Meeting Date: August 23, 2016
Exhibit B
TOWN OF TROPHY CLUB
100 MUNICIPAL DRIVE
TROPHY CLUB, TEXAS 76262
PH) 682.831.4680 FAX) 817.490.0705
Town Website: www.trophyclub.org
GENERAL PERMIT APPLICATION
PROJECT ADDRESS: 401ParkviewDrive,TrophyClub,Tx.76262
SELECT PERMIT TYPE
ELECTRICAL MECHANICAL PLUMBING IRRIGATION RE-ROOF
( )
( ) ( ) ( ) ( )
Setupofa24'X64'modulardoubleclassroombuilding.
NorthwestISD,MaintenanceDepartment
APPLICANT/CONTRACTOR:
1800StateHwy114
BUSINESS ADDRESS:
Justin,Texas,76247
CITY, STATE, ZIP CODE:
817-215-0019,817-215-0020
817-215-0077
WORK PHONE #: FAX #:
jsadler@nisdtx.org
EMAIL ADDRESS:
PLEASE GIVE DETAILED DESCRIPTION OF WORK TO BE PERFORMED:
Weneedtomoveinandsetupaindustrialized24'X64'doubleclassroombuildingtoaccommodate
increasedenrollment.ThisbuildingwasmanufacturedbyIndicom,locatedinBurlesonTexas.Thisbuilding
willbeadryinstallationandwillnothavewaterorrestroomfacilitieslocatedinit.Thisportablewillbe
equippedwitha"standalone"FireAlarmsystem,whichwillbeslavedtothemainsystemintheSchool.The
powerforthisbuildingwillbetiedintothemainbuilding.
AccesswillbeprovidedviaaADAcompliantramp&landing,constructedonsite.
$25,000.00
VALUATION OF PROPOSED WORK $
*INDICATE SHINGLE MATERIAL AND WARRANTY FOR
RE-ROOF PERMITS
*STATE HEIGHT AND MATERIALS USED AND INCLUDE
SITE PLAN/SURVEY SHOWING FENCE WORK FOR
FENCE PERMITS
*PLEASE INCLUDE SITE PLAN/SURVEY SHOWING LOCATION OF SIGN FOR SIGN PERMITS
PERMIT FEE: $75.00
JimSadler
05/17/2016
SIGNATURE: DATE:
Town CouncilPage 298 of 313Meeting Date: August 23, 2016
Exhibit B
Town CouncilPage 299 of 313Meeting Date: August 23, 2016
Exhibit B
Town CouncilPage 300 of 313Meeting Date: August 23, 2016
Exhibit B
Town CouncilPage 301 of 313Meeting Date: August 23, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-473-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:8/12/2016 In control:Town Council
On agenda:8/23/2016 Final action:
Title:Receive presentation from Trophy Club Municipal Utility District No. 1 regarding proposed
water/sewer rate increases and tax rate increases; discussion of same (G. Lamont).
Attachments:
DateVer.Action ByActionResult
ReceivepresentationfromTrophyClubMunicipalUtilityDistrictNo.1regardingproposedwater/sewerrateincreasesand
tax rate increases; discussion of same (G. Lamont).
Town CouncilPage 302 of 313Meeting Date: August 23, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-458-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:8/9/2016 In control:Town Council
On agenda:8/23/2016 Final action:
Title:Consider and take appropriate action regarding a Resolution repealing Resolution No. 2015-13 and
adopting a new Resolution making annual appointments and reaffirming existing appointments to
serve on the Crime Control and Prevention District (CCPD) Board; and providing an effective date.
Attachments:RES 2016-19 - CCPD Annual Appointments.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingaResolutionrepealingResolutionNo.2015-13andadoptinganew
ResolutionmakingannualappointmentsandreaffirmingexistingappointmentstoserveontheCrimeControland
Prevention District (CCPD) Board; and providing an effective date.
Town CouncilPage 303 of 313Meeting Date: August 23, 2016
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2016–19
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS REPEALING RESOLUTION NO. 2015-13 AND
ADOPTING A NEW RESOLUTION MAKING ANNUAL APPOINTMENTS
AND REAFFIRMING EXISTING APPOINTMENTS TO SERVE ON THE
CRIME CONTROL AND PREVENTION DISTRICT (CCPD) BOARD;
DESIGNATING TERMS OF SERVICE; AND PROVIDING AN
EFFECTIVE DATE.
the Town of Trophy Club, Texas, benefits by having its citizens
WHEREAS,
involved in local government through service on Boards, Commissions and
Corporations; and
the Trophy Club Town Council is charged with the responsibility of
WHEREAS,
making appointments to the Boards, Commissions and Corporationsserving the Town
whose terms are expiring; and
, on August 25, 2015, the Town Council of the Town of Trophy Club
WHEREAS
adopted Resolution No. 2015-13, appointing citizens to serve on the CCPD Boardfor
the 2015-2016fiscal yearand reaffirming the appointments of other previously
appointed citizens; and
,by passage of this Resolution,the Town Council hereby repeals
WHEREAS
Resolution No. 2015-13appointing persons to serve on the CCPD Board,andadopts
this Resolution making new citizen volunteer appointmentsfor annual appointments and
reaffirmscurrent appointments to serve on the Board.
,
NOW THEREFOREBE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1.That the foregoing recitals are incorporated herein as if written word
for word.
Section 2.That the Town Council hereby repealsResolution No. 2015-13
appointing persons to serve on the CCPD Boardand adopts this Resolution to appoint
andreaffirm as applicable, the following individuals to serve on theCrime Control and
Prevention DistrictBoardwith respective terms of service ending on September 1of the
year specified below for each individual:
Town CouncilPage 304 of 313Meeting Date: August 23, 2016
Crime Control and Prevention District
1._______________(2018)5.Thomas Class, Sr.(2017)
2._______________(2018)6.Cyler Campbell(2017)
3._______________(2018)7.James Jay Isherwood(2017)
4.Richard Savage(2017)
Section 3.This Resolution shall take effect from and after its date of passage
in accordance with law.
by the Town Council of the Town of Trophy Club,
PASSED and APPROVED
Texas on this 23rdday of August2016.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
David Dodd, Town Attorney
Town of Trophy Club, Texas
RES 2016-19 Page 2 of 2
Town CouncilPage 305 of 313Meeting Date: August 23, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-460-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:8/9/2016 In control:Town Council
On agenda:8/23/2016 Final action:
Title:Discuss and receive an update regarding Fiscal Year 2017 Budget (Staff).
Attachments:
DateVer.Action ByActionResult
Discuss and receive an update regarding Fiscal Year 2017 Budget (Staff).
Town CouncilPage 306 of 313Meeting Date: August 23, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-461-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:8/9/2016 In control:Town Council
On agenda:8/23/2016 Final action:
Title:Discussion of items for Future Agendas to include agenda items for consideration on the upcoming
Regular Session Council Agenda for September 13, 2016 and items from the Town Council Future
Agenda Items list (Staff).
Attachments:September 13, 2016 Upcoming Agenda.pdf
Items for Future Agendas updated 8-16-2016.pdf
DateVer.Action ByActionResult
DiscussionofitemsforFutureAgendastoincludeagendaitemsforconsiderationontheupcomingRegularSession
Council Agenda for September 13, 2016 and items from the Town Council Future Agenda Items list (Staff).
Town CouncilPage 307 of 313Meeting Date: August 23, 2016
Meeting Date 9/13/2016
Announcements & Reports
No.
Town Manager Seidel's update regarding the following; discussion and provide
1Town Mgr
input regarding same (Staff):
Town Council Liaison Updates; discussion of same (Staff):
2Town Sec
STAFF
No. ConsentRESORDPROCFile IDDept
RPT
ConsiderandtakeappropriateactionregardingtheMinutesdatedAugust9,2016
3Town Sec
(Staff).
Consider and take appropriate action regarding financial and variance report
4Finance
dated July 2016 (Staff).
STAFF
No. Public HearingRESORDPROCFile IDDept
RPT
Conduct a Public Hearing regarding the proposed fiscal year October 1, 2016 to
September 30, 2017 budget pursuant to Section 9.05 of the Town Charter; making
5Finance
appropriations and providing for expenditures (Staff).
Conduct the Second Public Hearing regarding the proposed tax rate for fiscal year
October 1, 2016 to September 30, 2017, and Mayor to announce the date, time
6Finance
and place of the vote on the tax rate (Staff).
STAFF
No. Regular SessionRESORDPROCFile IDDept
RPT
Consider and take appropriate action regarding the award or rejection of the
proposal for Entryway Monumentation, Wayfinding, and Parks Signage for the
7Town Mgr
Town of Trophy Club; and authorizing the Town Manager or his designee to
execute all necessary documents (Staff).
Consider and take appropriate action regarding an Ordinance amending Section
12.03.042, Special speed zones, of the Town of Trophy Club Code of Ordinances in
8Com Dev
order to amend school zone areas on Trophy Club Drive (Staff).
Consider and take appropriate action regarding an Ordinance of the Town
amending Appendix A, Fee Schedule, to establish fees and rates for water and
wastewater services to customers within the boundaries of Trophy Club Public
9Com Dev
Improvement District (PID) No. 1; providing that Trophy Club Municipal Utility
District No. 1 Services Rules and Policies are applicable to customers within the
PID No. 1; and providing a penalty and effective date (Staff).
Consider and take appropriate action regarding an Ordinance amending Section 3,
“Zone Board of Directors” of Ordinance 2013-23, which established the
“Reinvestment Zone Number One, Town of Trophy Club, Texas” to increase the
10Town Sec
number of directors from five to eight; and providing an effective date (N. Sanders
and R. Rowe).
Consider and take appropriate action regarding an Ordinance repealing Ordinance
No. 2011-03 and adopting an amended Ordinance, designating the Chair of each
Board, Commission, and Corporation to serve on the Ethics Commission and
11Town Sec
creating an additional alternate position; and providing an effective date (G. Reed
and R. Rowe).
Town CouncilPage 308 of 313Meeting Date: August 23, 2016
Consider and take appropriate action regarding a Resolution repealing Resolution
No. 2015-15 adopting the Municipality of Trophy Club Handbook for Elected and
Appointed Officials and adopting a new Municipality of Trophy Club Handbook for
12Town Sec
Elected and Appointed Officials; and providing an effective date (N. Sanders and
R. Rowe).
Consider and take appropriate action regarding a Resolution accepting an Annual
Service and Assessment Plan Update for Authorized Services (Emergency Services)
for the Trophy Club Public Improvement District No. 1 (The Highlands at Trophy
Club), and the proposed Assessment Roll; setting a date for Public Hearing;
13Finance
authorizing the publication of notice and directing the mailing of notices as
required by law; enacting other provisions relating thereto; and providing an
effective date (Staff).
Receive an update regarding Fiscal Year 2016-2017 Budget; discuss and provide
14Finance
direction to Staff regarding same (Staff).
Recognition of Town Staff and Citizen Volunteers who participated in the July 4th
15Town Mgr
Celebration event; discussion of same (N. Sanders and P. Shoffner).
STAFF
No. Upcoming Agenda & Council Future Agenda Items List UpdateRESORDPROCFile IDDept
RPT
Discussion of items for Future Agendas to include agenda items for consideration
on the upcoming Regular Session Council Agenda for September 27, 2016 and
16Town Sec
items from the Town Council Future Agenda Items list, to include discussion of the
below items (Staff).
A) Item No. 1 - Review ordinances regarding Town Homes, Condos and
apartments. (Sanders 8/4/2014) (1-Nov 13, 2014) (2-Feb 24, 2015) (3-May 26,
2015) (4-August 11, 2015) (5-December 8, 2015) (6-March 8, 2016) (7-June 14,
2016) (8-September 13, 2016)
B) Item No. 3 - Discussion of Green Ribbon grants for the beautification along the
sound wall on State Highway 114. (Sanders 3/8/2016) (1-June 14, 2016) (2-
September 13, 2016)
STAFF
Executive SessionRESORDPROCFile IDDept
RPT
Pursuant to the following designated section of the Texas Government Code,
Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into
17Town Sec
executive session to discuss the following:
STAFF
Regular SessionRESORDPROCFile IDDept
RPT
Consider and take appropriate action regarding the Executive Session.
18Town Sec
Town CouncilPage 309 of 313Meeting Date: August 23, 2016
Town Council Future Agenda Items List
(Updated 8/16/2016)
1. Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1-
Nov 13, 2014) (2-Feb 24, 2015) (3-May 26, 2015) (4-August 11, 2015) (5-December 8, 2015)
(6-March 8, 2016) (7-June 14, 2016) (8-September 13, 2016)
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.
12/8/2015 - Mayor Sanders advised that he was concerned that the restrictions for condos
and apartments, such as multiple families living at one address, may be insufficient.
3/8/2016 – Discussed that this item could be addressed during the Comprehensive Plan
process.
6/14/2016 – Assistant Town Manager/CFO Glickman advised that Town Staff are continuing
to work on this item.
2. Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title
for the land that the Annex Building is built on. (Lamont 11/10/2015) (1-February 9, 2016)
(2-May 10, 2016)(3-August 9, 2016) (4-November 8, 2016)
1/12/2016 – At the January 12, 2016 Council meeting, Council made TCMUD No. 1 an offer
regarding the Annex Building.
5/10/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this
item.
8/9/2016 - Mayor Sanders advised that several items have taken precedence and that this
item can remain on the list until the applicable time to deal with it.
3. Discussion of GreenRibbon grants for the beautification along the sound wall on State
Highway 114. (Sanders 3/8/2016) (1-June 14, 2016) (2-September 13, 2016)
6/14/2016 – Mayor Sanders advised that when the sound wall along State Highway 114 is
installed, this item would assist with shrubbery and landscaping through a grant application.
4. Detail review of the nuisance ordinance. (Rowe 4/12/2016) (1-July 12, 2016)(2-October 11,
2016)
7/12/2016 - Town Staff are continuing to work on this item.
5.Discussion of and possible action regarding how the Town is involved in a Lacrosse league
within the Town. (Kurtz 6/28/2016) (1-September 27, 2016)
6. Discussion of PD 21 related to signage specific to window signs and monument signage.
(Sanders 7/12/2016) (1-October 11, 2016)
7. Consider repealing Section 14.02.253(3)(A) related to tree houses. (Shoffner 7/12/2016)
(1-October 11, 2016)
Page 1 of 1
Town CouncilPage 310 of 313Meeting Date: August 23, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-471-T Version:1 Name:
Type:Agenda Item Status:Executive Session
File created:8/12/2016 In control:Town Council
On agenda:8/23/2016 Final action:
Title:Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act), the Council will convene into executive session to discuss the following:
A.Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment,
evaluation, reassignment, duties, discipline or dismissal of a public officer or employee:
1)Crime Control and Prevention District Board
2)Acceptance of Town Manager Stephen Seidel Resignation
B.Section 551.071 Consultation with Attorney under Subsection (1) when the governmental
body seeks the advice of its attorney about pending or contemplated litigation and Subsection (2) for
consultation 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 (551.071(1) and (2)).
Legal advice regarding fire and emergency medical services, Interlocal Agreements with the Trophy
Club Municipal Utility District No. 1 for Fire Department Services and related matters.
Attachments:Town Manager Resignation Letter.pdf
DateVer.Action ByActionResult
PursuanttothefollowingdesignatedsectionoftheTexasGovernmentCode,Annotated,Chapter551(TexasOpen
Meetings Act), the Council will convene into executive session to discuss the following:
A.Section551.074PersonnelMatterstodiscussordeliberatetheappointment,employment,evaluation,
reassignment, duties, discipline or dismissal of a public officer or employee:
1)Crime Control and Prevention District Board
2)Acceptance of Town Manager Stephen Seidel Resignation
B.Section551.071ConsultationwithAttorneyunderSubsection(1)whenthegovernmentalbodyseekstheadvice
ofitsattorneyaboutpendingorcontemplatedlitigationandSubsection(2)forconsultationwithitsattorneyona
matterinwhichthedutyoftheattorneytotheGovernmentalBodyundertheDisciplinaryRulesofProfessional
Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071(1) and (2)).
Legaladviceregardingfireandemergencymedicalservices,InterlocalAgreementswiththeTrophyClubMunicipal
Utility District No. 1 for Fire Department Services and related matters.
Town CouncilPage 311 of 313Meeting Date: August 23, 2016
Town CouncilPage 312 of 313Meeting Date: August 23, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-472-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:8/12/2016 In control:Town Council
On agenda:8/23/2016 Final action:
Title:Consider and take appropriate action regarding the Executive Session.
Attachments:
DateVer.Action ByActionResult
Consider and take appropriate action regarding the Executive Session.
Town CouncilPage 313 of 313Meeting Date: August 23, 2016