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Town CouncilPage 4 of 201Meeting Date: October 11, 2016
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Town CouncilPage 5 of 201Meeting Date: October 11, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-578-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:10/1/2016 In control:Town Council
On agenda:10/11/2016 Final action:
Title:Acting Town Manager Arata's update regarding the following; discussion and provide input regarding
same (Staff).
*Early Voting
*October Events
*Town Hall Construction
Attachments:
DateVer.Action ByActionResult
Acting Town Manager Arata's update regarding the following; discussion and provide input regarding same (Staff).
*Early Voting
*October Events
*Town Hall Construction
Agenda Item No. 1
Town CouncilPage 6 of 201Meeting Date: October 11, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-579-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:10/1/2016 In control:Town Council
On agenda:10/11/2016 Final action:
Title:Town Council Liaison Updates; discussion of same:
*Economic Development Corporation 4B, October 3, 2016
Council Liaison - Council Member Rhylan Rowe
Attachments:
DateVer.Action ByActionResult
Town Council Liaison Updates; discussion of same:
*Economic Development Corporation 4B, October 3, 2016
Council Liaison - Council Member Rhylan Rowe
Agenda Item No. 2
Town CouncilPage 7 of 201Meeting Date: October 11, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-580-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:10/1/2016 In control:Town Council
On agenda:10/11/2016 Final action:
Title:Consider and take appropriate action regarding the Minutes dated September 13, 2016 (Staff).
Attachments:Draft TC Minutes September 13, 2016.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the Minutes dated September 13, 2016 (Staff).
Agenda Item No. 3
Town CouncilPage 8 of 201Meeting Date: October 11, 2016
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, September 13, 2016 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, September 13, 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
Jim Parrow Council Member, Place 1
Garrett Reed Council Member, Place 2
Rhylan Rowe Council Member, Place 3
Tim Kurtz Council Member, Place 4
Philip Shoffner Council Member, Place 6
STAFF AND GUEST(S) PRESENT:
Stephen Seidel Town Manager
Steven Glickman Assistant Town Manager/CFO
David Dodd Town Attorney
Holly Fimbres Town Secretary/RMO
Adam Adams Parks and Recreation Director
Patrick Arata Police Chief
Pat Cooke Development Services Manager
Rick Lasky Interim Fire Chief
Sherri Lewis Recreation Supervisor
Todd Mauthe Police Sergeant
Mike Pastor Information Services Director
Tracey Shields Police Lieutenant
John Zagurski Strategic Services Coordinator
Mayor Sanders announced the date of Tuesday, September 13, 2016, called the Town Council to order and
announced a quorum at 7:00 p.m.
The Invocation was offered by Council Member Parrow.
The Pledges to the American Flag and Texas Flag were led by Council Member Kurtz.
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 9 of 201Meeting Date: October 11, 2016
ANNOUNCEMENTS AND REPORTS
1. Town Manager Seidel's update regarding the following; discussion and provide input regarding same (Staff):
*Certificate of Achievement for Excellence in Financial Reporting
*Popular Annual Financial Report Award
*PetFest
*Town Hall Construction
*Veteran’s Memorial Bids
Town Manager Seidel updated the Council and addressed questions; no action was taken on this item.
Mayor Sanders acknowledged Staff for their accomplishment receiving the Certificate of Achievement for
Excellence in Financial Reporting and Popular Annual Financial Report Award.
2. Town Council Liaison Updates; discussion of same (Staff):
*Animal Shelter Advisory Board, August 24, 2016
Council Liaison - Council Member Philip Shoffner
Council Member Shoffner updated the Council and addressed questions; no action was taken on this item.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one
motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed
from the consent agenda and will be considered separately.
3. Consider and take appropriate action regarding the Minutes dated August 9, 2016 (Staff). (Town Secretary
Note: Approved as presented in the Town Council agenda packet).
4. Consider and take appropriate action regarding financial and variance report dated July 2016 (Staff).
5. Referred Agenda Item: Consider and take appropriate action regarding a Utility Billing Agreement between
the Town of Trophy Club and Trophy Club Municipal Utility District No. 1; and authorizing the Mayor or his
designee to execute all necessary documents (P. Shoffner and R. Rowe).
6. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas repealing
Sections 3.03.051, "Adoption" and 3.03.052, “Amendments” of Division 2, “Building Code” within Article
3.03, “Technical and Construction Codes and Standards” of Chapter 3, "Building Regulations” of the Town’s
Code of Ordinances, and adopting new Sections 3.03.051, "Adoption" and 3.03.052, “Amendments” of
Division 2, “Building Code” within Article 3.03, “Technical and Construction Codes and Standards” of
Chapter 3, "Building Regulations” of the Town’s Code of Ordinances in order to adopt the 2015 edition of
the International Building Code and local amendments and repeal the 2009 edition of the International
Building Code and local amendments; providing for a penalty not to exceed the sum of two thousand dollars
($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on
which a violation occurs or continues; providing for publication; and providing an effective date (Staff).
7. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas repealing
Sections 3.03.101, "Adoption” and 3.03.102, “Amendments” of Division 3, “Residential Code”, within Article
3.03, "Technical and Construction Codes and Standards”, of Chapter 3, "Building Regulations" of the Town’s
Code of Ordinances, and adopting new Sections 3.03.101, "Adoption" and 3.03.102, “Amendments” of
Division 3, “Residential Code” within Article 3.03, “Technical and Construction Codes and Standards” of
Chapter 3, "Building Regulations” of the Town’s Code of Ordinances in order to adopt the 2015 edition of
the International Residential Code and local amendments and repeal the 2009 edition of the International
Residential Code and local amendments; providing for a penalty not to exceed the sum of two thousand
dollars ($2,000.00) for each offense and a separate offense shall be deemed committed each day during or
on which a violation occurs or continues; providing for publication; and providing an effective date (Staff).
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8. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas repealing
Sections 3.03.151, “Adoption” and 3.03.152, “Amendments” of Division 4, “Electrical Code”, within Article
3.03, "Technical and Construction Codes and Standards”, of Chapter 3, "Building Regulations" of the Town’s
Code of Ordinances and adopting new Sections 3.03.151, “Adoption” and 3.03.152, “Amendments” of
Division 4, “Electrical Code”, within Article 3.03, "Technical and Construction Codes and Standards”, of
Chapter 3, "Building Regulations" of the Town’s Code of Ordinances in order to adopt the 2014 edition of
the National Electrical Code and local amendments and repeal the 2011 edition of the National Electrical
Code and local amendments; providing a penalty not to exceed the sum of two thousand dollars ($2,000.00)
for each offense and a separate offense shall be deemed committed each day during or on which a violation
occurs or continues; providing for publication; and providing an effective date (Staff).
9. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas repealing
Sections 3.03.201, “Adoption” and 3.03.202, “Amendments” of Division 5, “Mechanical Code”, within Article
3.03, "Technical and Construction Codes and Standards”, of Chapter 3, "Building Regulations" of the Town’s
Code of Ordinances and adopting new Sections 3.03.201, “Adoption” and 3.03.202, “Amendments” of
Division 5, “Mechanical Code”, within Article 3.03, "Technical and Construction Codes and Standards”, of
Chapter 3, "Building Regulations" of the Town’s Code of Ordinances in order to adopt the 2015 edition of
the International Mechanical Code and local amendments and repeal the 2009 edition of the International
Mechanical Code and local amendments; providing a penalty not to exceed the sum of two thousand dollars
($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on
which a violation occurs or continues; providing for publication; and providing an effective date (Staff).
10. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas repealing
Sections 3.03.251, “Adoption” and 3.03.252, “Amendments”, of Division 6, “Plumbing Code”, within Article
3.03, "Technical and Construction Codes and Standards”, of Chapter 3, "Building Regulations" of the Town’s
Code of Ordinances and adopting new Sections 3.03.251, “Adoption” and 3.03.252, “Amendments”, of
Division 6, “Plumbing Code”, within Article 3.03, "Technical and Construction Codes and Standards”, of
Chapter 3, "Building Regulations" of the Town’s Code of Ordinances in order to adopt the 2015 edition of
the International Plumbing Code and local amendments and repeal the 2009 edition of the International
Plumbing Code and local amendments; providing a penalty not to exceed the sum of two thousand dollars
($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on
which a violation occurs or continues; providing for publication; and providing an effective date (Staff).
11. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas repealing
Sections 3.03.301, “Adoption” and 3.03.302, “Amendments”, of Division 7, “Energy Conservation Code”,
within Article 3.03, "Technical and Construction Codes and Standards”, of Chapter 3, "Building Regulations"
of the Town’s Code of Ordinances and adopting new Sections 3.03.301, “Adoption” and 3.03.302,
“Amendments”, of Division 7, “Energy Conservation Code”, within Article 3.03, "Technical and Construction
Codes and Standards”, of Chapter 3, "Building Regulations" of the Town’s Code of Ordinances in order to
adopt the 2015 edition of the International Energy Conservational Code and local amendments and repeal
the 2009 edition of the International Energy Conservational Code and local amendments; providing a
penalty not to exceed the sum of two thousand dollars ($2,000.00) for each offense and a separate offense
shall be deemed committed each day during or on which a violation occurs or continues; providing for
publication; and providing an effective date (Staff).
12. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas repealing
Sections 3.03.401, “Adoption” and 3.03.402, “Amendments”, of Division 9, “Fuel Gas Code”, within Article
3.03, "Technical and Construction Codes and Standards”, of Chapter 3, "Building Regulations" of the Town’s
Code of Ordinances and adopting new Sections 3.03.401, “Adoption” and 3.03.402, “Amendments”, of
Division 9, “Fuel Gas Code”, within Article 3.03, "Technical and Construction Codes and Standards”, of
Chapter 3, "Building Regulations" of the Town’s Code of Ordinances in order to adopt the 2015 edition of
the International Fuel Gas Code and local amendments and repeal the 2009 edition of the International Fuel
Gas Code and local amendments; providing a penalty not to exceed the sum of two thousand dollars
($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on
which a violation occurs or continues; providing for publication; and providing an effective date (Staff).
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13. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas repealing
Sections 3.03.451, “Adoption” and 3.03.452, “Amendments”, of Division 10, “Fire Code”, within Article 3.03,
"Technical and Construction Codes and Standards”, of Chapter 3, "Building Regulations" of the Town’s Code
of Ordinances and adopting new Sections 3.03.451, “Adoption” and 3.03.452, “Amendments”, of Division
10, “Fire Code”, within Article 3.03, "Technical and Construction Codes and Standards”, of Chapter 3,
"Building Regulations" of the Town’s Code of Ordinances in order to adopt the 2015 edition of the
International Fire Code and local amendments and repeal the 2009 edition of the International Fire Code
and local amendments; providing a penalty not to exceed the sum of two thousand dollars ($2,000.00) for
each offense and a separate offense shall be deemed committed each day during or on which a violation
occurs or continues; providing for publication; and providing an effective date (Staff).
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Consent Agenda
Items 3 through 13.
Motion passed unanimously.
PUBLIC HEARING
14. 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 appropriations and providing for expenditures (Staff).
Mayor Sanders opened the public hearing at 7:15 p.m.
There was no one present that wished to speak regarding the item.
15. 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 and place of the vote on the tax rate (Staff).
Mayor Sanders announced that the vote for the proposed tax rate of $0.479 per $100 valuation would be held on
September 27, 2016, at 7:00 p.m. at 100 Municipal Drive, Trophy Club, Texas 76262.
There was no one present that wished to speak regarding the item.
16. Conduct a public hearing regarding a request to amend Ordinance No. 2002-41 P&Z, 2006-39 P&Z and
2008-23 P&Z, PD Planned Development District No. 25 in order to approve amendments to the approved
signage plan for the Value Place Hotel, on Lot 1R, Block B, Trophy Wood Business Center, located at 306
Trophy Branch Drive. Case PD-AMD-16-052 (Staff).
There was no one present that wished to speak regarding the item.
Mayor Sanders closed the public hearing and reconvened into Regular Session at 7:17 p.m.
REGULAR SESSION
17. Consider and take appropriate action regarding a Proclamation of the Town Council declaring September
2016 as Blood Cancer Awareness Month in Trophy Club; and providing an effective date (N. Sanders).
Council Member Parrow read the proclamation into the record.
Motion:
Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve Proclamation No.
2016-10, declaring September 2016 as Blood Cancer Awareness Month in Trophy Club; and providing an effective
date of September 13, 2016.
Motion passed unanimously.
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18. Recognition of Resident Volunteers who participated in the July 4th Celebration event; discussion of same
(N. Sanders and P. Shoffner).
Mayor Sanders recognized resident volunteers Kelly Castonguay, Mindi Bone, Tiffany Nimphius, Janet Lamont, and
Nicole Arata who participated in the July 4th Celebration event. Additionally, he thanked Recreation Supervisor
Lewis, Parks and Recreation Director Adams, and Strategic Services Coordinator Zagurski for helping making the
event successful.
No action was taken on this item.
19. Recognition of Town Manager Stephen Seidel for his years of service that he provided to the Town of
Trophy Club (N. Sanders).
Mayor Sanders recognized Town Manager Seidel for his nine (9) years of service that he provided to the Town and
presented him with a plaque.
Town Manager Seidel expressed his thankfulness to be able to have served such an amazing Council and
community.
No action was taken on this item.
20. Consider and take appropriate action regarding the award or rejection of the proposal for Entryway
Monumentation, Wayfinding, and Parks Signage for the Town of Trophy Club; and authorizing the Town
Manager or his designee to execute all necessary documents (Staff).
Strategic Services Coordinator Zagurski advised that 12 companies submitted proposals, which were narrowed to
five (5) companies that were interviewed. Staff concluded with the selection of Design Workshop, an Austin based
company.
Claire Hempel, Principal with Design Workshop, presented their proposal for the Town’s entryway
monumentation, wayfinding, and parks signage master plan which included the following: the Town’s Team; their
Experience; Delivering a Successful Project; Stakeholder Engagement; Scope; Gateways; Primary Wayfinding;
Secondary Wayfinding; Regulatory Wayfinding; and Standards Manual.
Mayor Pro Tem Lamont was in favor of implementing a golf theme given the Town being a golfing community, with
the involvement from former professional golfer Ben Hogan with the Trophy Club Country Club and former
professional golfer Byron Nelson residing locally.
Discussion took place that hotel occupancy tax funds was the majority funding source for this item.
Council Member Rowe was not in favor of spending funds for implementing regulatory wayfinding signage, such as
stop signs.
Council Member Shoffner was in favor of implementing regulatory wayfinding signage for Trophy Club Municipal
Utility District (TCMUD) No. 1 signage through an agreement with them in order to have uniform signage
throughout the Town.
Conversation ensued that the method Design Workshop would use to gather data about the community would be
through the stakeholder engagement process, gathering input from the community, providing an online survey,
and hosting half day workshops.
Main Motion:
Main Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to award the proposal to
Design Workshop for Entryway Monumentation, Wayfinding, and Parks Signage and not to exceed $90,500.
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Mayor Sanders was concerned with the proposed amount for Design Workshop’s services and he preferred to
form a Council Committee to further analyze the bid.
Council Member Shoffner commented that Design Workshop would design cohesive signage and public art for the
Town and he believed that it could be potentially more expensive if the project were to be done in segments.
Motion to Amend:
Motion to Amend made by Council Member Reed, seconded by Council Member Kurtz, to appoint Council
Member Shoffner, Council Member Rowe, and Council Member Reed to serve as the Council Committee for this
project.
Motion to Amend passed unanimously.
Discussion took place that Design Workshop would be providing conceptual designs for the proposed signage.
The vote for the Main Motion as Amended was taken, to award the proposal to Design Workshop for Entryway
Monumentation, Wayfinding, and Parks Signage and not to exceed $90,500; and to appoint Council Member
Shoffner, Council Member Rowe, and Council Member Reed to serve as the Council Committee for this project.
Main Motion as Amended failed for lack of majority 3-4-0 with Mayor Pro Tem Lamont and Council Members
Reed and Shoffner voting for, and Mayor Sanders and Council Members Parrow, Rowe, and Kurtz voting against.
Motion:
Motion made by Mayor Sanders, seconded by Council Member Kurtz, to form the Council Committee appointing
Council Member Shoffner, Council Member Rowe, and Council Member Reed to meet with Staff and Design
Workshop to finalize the proposal and bring back before the Council within 30 days.
Motion passed unanimously.
RECESSED AT 8:22 P.M. FOR A BREAK
RECONVENED AT 8:30 P.M. INTO REGULAR SESSION
21. Consider and take appropriate action regarding a request to amend Ordinance No. 2002-41 P&Z, 2006-39
P&Z and 2008-23 P&Z, PD Planned Development District No. 25 in order to approve amendments to the
approved signage plan for the Value Place Hotel, on Lot 1R, Block B, Trophy Wood Business Center, located
at 306 Trophy Branch Drive. Case PD-AMD-16-052 (Staff).
Motion:
Motion made by Council Member Reed, seconded by Council Member Shoffner, to approve Ordinance No. 2016-
37 P&Z, for a request to amend Ordinance No. 2002-41 P&Z, 2006-39 P&Z and 2008-23 P&Z, PD Planned
Development District No. 25 in order to approve amendments to the approved signage plan for the Value Place
Hotel, on Lot 1R, Block B, Trophy Wood Business Center, located at 306 Trophy Branch Drive. Case
PD-AMD-16-052.
Motion passed unanimously.
22. Town Council to provide direction to Town Staff regarding an Ordinance amending Section 12.03.042,
Special speed zones, of the Town of Trophy Club Code of Ordinances in order to amend school zone areas on
Trophy Club Drive; discussion of same (Staff).
Town Manager Seidel provided an update regarding the item and stated that several residents approached the
Town regarding adding school zones or adding traffic calming devices. He advised that Staff was seeking Council’s
direction on whether to eliminate the school zone on Trophy Club Drive near Bobcat since there is not a school
there or the school zone could be extended down towards the roundabout to encompass Trophy Lakes Academy
and Premier Academy.
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Council Member Shoffner suggested taking the school zone on Trophy Lake Drive, next to Trophy Club Plaza, and
extending it past Meadow Creek Drive, then start a school zone at Meadow Creek Drive to the Roundabout
through Durango Drive. Additionally, he suggested that the flasher on Trophy Lake Drive, heading toward Highway
114, be relocated to Meadow Creek Drive.
Council Member Rowe was in favor of eliminating the school zone on south bound Trophy Lake Drive since there
was no school.
Council Member Kurtz was in favor of making the speed limit 20 mph within the Roundabout during certain time
periods.
Council Member Reed pointed out that drivers taking a right-hand turn out of the Lakes cannot see when the
flashers are going off to let children know that it was safe to cross the street.
Town Manager Seidel commented that Staff would review options and distribute those options to Council for
feedback.
Police Chief Arata advised that Staff were currently working on placing removable traffic calming devices on Indian
Creek and Skyline Drive with the recommended speed limit of 20 mph.
Conversation ensured regarding synchronizing the school zones on Trophy Lake Drive and Durango Drive because
they were currently on two different school zone timeframes.
No action was taken on this item.
23. 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;
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).
Motion:
Motion made by Council Member Rowe, seconded by Council Member Kurtz, to approve Resolution No. 2016-21,
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 Public Hearing to be on September 27, 2016, with the assessment rate of $0.07445 per $100 taxable
valuation; 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 of September 13, 2016.
Motion passed unanimously.
24. Consider and take appropriate action regarding Fiscal Year 2016-2017 Budget; discuss and provide direction
to Staff regarding same (Staff).
Council Member Shoffner inquired about the added amount of $69,500. Assistant Town Manager/CFO Glickman
responded that it was for the purchase of street panel replacement, upgraded school zone flashers, and
illuminated street signs.
Council Member Shoffner asked which budget line the removed Comprehensive Plan was placed in since the tax
rate had not been further reduced. Assistant Town Manager/CFO Glickman advised that the funding went into the
fund balance. Additionally, Council Member Shoffner was in favor of adding $17,000 to the budget for four (4)
scoreboards at Independence Park West since the baseball association agreed to pay half.
Council Member Rowe preferred to postpone and remove the following Supplemental Items until a new town
manager was hired: STARS Report; CRM Application; NeoGov HR; two (2) Administrative Assistants; and one (1)
Building Inspector/Facilities Maintenance.
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Council Member Parrow commented that if the items were removed then the necessary allotted funds would no
longer be there for the new town manager to implement if needed.
Conversation ensued regarding delaying the purchase of the Fire Chief Vehicle due to the upcoming consideration
of the Interlocal Cooperation Agreement for Administration of Fire Protection Services.
Assistant Town Manager/CFO Glickman clarified that only one of the Administrative Assistants was scheduled to
begin in July 2017 and advised that currently there was already one part-time administrative assistant on staff.
Motion:
Motion made by Council Member Rowe, seconded by Council Member Reed, to remove the STARS Report for
$6,000, CRM Application for $5,000, and NeoGov HR for $20,000 first year, $9,000 annually thereafter from the
budget and have it reflected in the tax rate, along with the $77,500 from the previously unapproved
Comprehensive Plan.
Town Manager Seidel advised that the STARS Report was beneficial and provided analysis of confidential sales tax
data to assist with analyzing the Town, EDC 4B, and TIRZ No. 1 incentives and forecasting. Additionally, he
commented that NeoGov would assist Human Resources with onboarding, performance evaluations, and applicant
tracking because the processes were labor intensive.
Modified Motion:
Council Member Rowe and Council Member Reed agreed to modify the Motion by removing the STARS Report so
that the Motion read: to remove the CRM Application for $5,000 and NeoGov HR for $20,000 first year, $9,000
annually thereafter from the budget and have it reflected in the tax rate, along with the $77,500 from the
previously unapproved Comprehensive Plan.
Mayor Sanders requested to divide the question.
The vote for the removal of the CRM Application for $5,000 from the budget and have it reflected in the tax rate
was taken.
Motion carried 6-1-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Reed, Rowe, Kurtz,
and Shoffner voting for, and Council Member Parrow voting against.
The vote for the removal of NeoGov HR for $20,000 first year, $9,000 annually thereafter from the budget and
have it reflected in the tax rate was taken.
Motion carried 5-2-0 with Mayor Pro Tem Lamont and Council Members Reed, Rowe, Kurtz, and Shoffner voting
for, and Mayor Sanders and Council Member Parrow voting against.
The vote to have the $77,500, from the previously unapproved Comprehensive Plan, reflected in the tax rate
was taken.
Motion carried 6-1-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Reed, Rowe, Kurtz,
and Shoffner voting for, and Council Member Parrow voting against.
Motion:
Motion made by Council Member Rowe, seconded by Council Member Reed, to remove the supplemental
personnel additions from the budget for the two (2) part-time or intern Administrative Assistants and one (1)
Building Inspector/Facilities Maintenance for the sum total of $36,700 and have it reflected in the tax rate.
Assistant Town Manager/CFO Glickman stated that there was currently a part-time Administrative Assistant that
was funded through current year savings and that she would no longer be employed as of September 30, 2016
with the Town if the motion were approved.
Council Member Kurtz requested to divide the question.
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Discussion took place that the two (2) Administrative Assistants would be part-time or interns and that the
positions did not carry any healthcare benefits.
The vote for the removal of the two (2) part-time or intern Administrative Assistants for $22,000 for the first
year and have it reflected in the tax rate was taken.
Motion failed for lack of majority 2-5-0 with Council Members Reed and Rowe voting for, and Mayor Sanders,
Mayor Pro Tem Lamont, and Council Members Parrow, Kurtz, and Shoffner voting against.
Assistant Town Manager/CFO Glickman commented that the requested $14,700 for one (1) Building
Inspector/Facilities Maintenance was placed in the budget for a quarter of the year with $6,000 in outside
inspection services to carry to July and then afterwards it would be funded for a full time inspector.
The vote for removal of the 1 one (1) Building Inspector/Facilities Maintenance for $14,700 for the first year and
have it reflected in the tax rate was taken.
Motion carried 4-3-0 with Council Members Reed, Rowe, Kurtz, and Shoffner voting for, and Mayor Sanders,
Mayor Pro Tem Lamont, and Council Member Parrow voting against.
Motion:
Motion made by Council Member Rowe, seconded by Council Member Reed, to remove the Fire Chief Vehicle for
$33,000 from the budget and have it reflected in the tax rate.
Council Member Rowe believed the item should be delayed until the complete funding source was known, since it
was technically a shared item between the Town and TCMUD No.1.
Assistant Town Manager/CFO Glickman advised that funding for vehicle replacement should not affect the tax rate
since it was a Capital and Equipment replacement item.
Modified Motion:
Council Member Rowe and Council Member Reed agreed to modify the Motion by removing “and have it reflected
in the tax rate” so that the Motion read: to remove the Fire Chief Vehicle for $33,000 from the budget.
Modified Motion carried 5-2-0 with Mayor Pro Tem Lamont and Council Members Reed, Rowe, Kurtz, and
Shoffner voting for, and Mayor Sanders and Council Member Parrow voting against.
Motion:
Motion made by Council Member Shoffner, seconded by Council Member Rowe, to approve the four (4)
scoreboards at Independence Park West with a not to exceed amount of $17,000.
Assistant Town Manager/CFO Glickman recommended that the full amount be budgeted for the scoreboards as an
expenditure item since the contribution from the baseball association would be considered as a revenue item.
Modified Motion:
Council Member Shoffner and Council Member Rowe agreed to modify the Motion so that it read: to increase the
Park Budget for the approval of four (4) scoreboards at Independence Park West with a not to exceed amount of
$34,000 and to budget a General Fund revenue item in the amount of $17,000 that will come from the baseball
association.
Modified Motion passed unanimously.
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25. Discussion of items for Future Agendas to include agenda items for consideration on the upcoming Regular
Session Council Agenda for September 27, 2016 and items from the Town Council Future Agenda Items list,
to include discussion of the below items (Staff).
This item allows Council to request the placement of items on upcoming agendas when the topic of discussion
requires research and review that cannot be accomplished in the time frame between regular Council meetings.
However, a Council Member may request that an item be placed on the next regularly scheduled meeting without
first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter
requirements.
A) 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)
Development Services Manager Cooke advised that the Town had regulations in place to address occupancy issues
that arise regarding town homes, condos, and apartments through the International Property Maintenance Code.
Mayor Sanders requested to remove Item No. 1 from the Town Council Future Agenda Items list: 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)
Mayor Sanders received consensus to leave Item No. 3 on the Town Council Future Agenda Items list due to the
upcoming construction of the sound wall.
Town Manger Seidel stated that the Texas Department of Transportation would be removing the berm and would
keep the dirt from it. Additionally, he advised that an agreement for beautification along the sound wall could be
accomplished through a tri-city partnership with Westlake and Roanoke.
Council was in favor of removing Item No. 5 from the Town Council Future Agenda Items list: Discussion of and
possible action regarding how the Town is involved with flag football and a lacrosse league within the Town. (Kurtz
6/28/2016) (1-September 27, 2016); and add it as an agenda item to September 27, 2016 Council agenda in order
to refer the item to the Parks and Recreation Board.
Development Services Manager Cooke provided an update regarding Item No. 6,Discussion of PD 21 (Plaza
Shopping Center) related to signage specific to window signs. (Sanders 7/12/2016) (1-October 11, 2016), and
stated that Staff has reached out to the property owner twice to proceed with an ordinance change, with no avail;
therefore, Staff was ready to start sending notices to the tenants requesting removal of their window signage.
Council was in favor of removing Item No. 8 from the Town Council Future Agenda Items list: Review creating a
volunteer program for sports fields and parks. (Lamont 8/23/2016) (1-November 22, 2016); and allow the
Organized Sports Council subcommittee to work with the sports associations to evaluate their interest in
proceeding in that direction.
EXECUTIVE SESSION
26. 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:
Town Manager position search
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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.
C) Section 551.087 Deliberations regarding Economic Development Negotiations to discuss or deliberate
the offer of financial or other incentives to a business prospect that the Town seeks to have locate
within the territory of the Town:
Summary of all Projects
CONVENED INTO EXECUTIVE SESSION - START TIME – 10:20 P.M.
RECONVENED INTO REGULAR SESSION - START TIME – 12:09 A.M.
27. Consider and take appropriate action regarding the Executive Session.
Agenda Item No. 26 (A) Motion:
Motion made by Council Member Rowe, seconded by Council Member Parrow, to appoint Police Chief Arata as the
Acting Town Manager effective October 3, 2016.
Council Member Reed believed that Police Chief Arata has shown great leadership and displayed the ability to be
the Acting Town Manager.
The vote was taken.
Motion passed unanimously.
Agenda Item No. 26 (A) Motion:
Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to appoint a Council Subcommittee,
comprising of Council Member Kurtz, Council Member Shoffner, and Council Member Rowe, to assist with the Town
Manager job vacancy search and associated responsibilities.
Motion passed unanimously.
ADJOURN
Motion made by Council Member Reed, seconded by Council Member Kurtz, to adjourn the meeting at 12:12 a.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 September 13, 2016 Page 11 of 11
Town CouncilPage 19 of 201Meeting Date: October 11, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-581-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:10/1/2016 In control:Town Council
On agenda:10/11/2016 Final action:
Title:Consider and take appropriate action regarding financial and variance report dated August 2016
(Staff).
Attachments:Financial Report August FY15-16.pdf
All Fund Budget Report 8.31.16.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding financial and variance report dated August 2016 (Staff).
Agenda Item No. 4
Town CouncilPage 20 of 201Meeting Date: October 11, 2016
Monthly Financial Statement
Photo Credit:
Mayor Pro Tem Lamont 2016
A 2016
ugust
Town CouncilPage 21 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB
AUGUST 2016 FINANCIAL REPORT
GENERAL FUND SUMMARY
Year-to-Date August 2016Percent of Budget Year Transpired: 92%
OriginalRevised
RevenuesYear-to-DateVariance% Received
BudgetBudget
Property Tax$ 5,801,544$ 5,809,044$ 5,771,536 $ (37,508)99%
Licenses and Permits 558,606 598,606 579,559 (19,047)97%
Franchise Fees 947,257 972,257 925,430 (46,827)95%
Sales Tax 753,125 793,125 737,636 (55,489)93%
Fines and Fees 420,359 347,859 344,086 (3,773)99%
Charges for Service 274,909 274,909 265,117 (9,792)96%
Investment Income 18,000 26,000 28,018 2,018 108%
Miscellaneous Income 240,000 260,000 87,900 (172,100)34%
Total Revenues$ 9,013,800 $ 9,081,800$ 8,739,282$ (342,518)96%
OriginalRevised
Other SourcesYear-to-DateVariance% Received
BudgetBudget
Transfers In$ 111,000$ 111,000$ 83,250 (27,750)75%
Total Available Resources$ 9,124,800 $ 9,192,800$ 8,822,532$ (370,268)96%
OriginalRevised
ExpendituresYear-to-DateVariance% Used
BudgetBudget
Manager's Office$ 843,529$ 832,529$ 699,378$ 133,15184%
Legal 196,972 311,972 289,573 22,40093%
Police 2,352,871 2,327,871 1,965,839 362,03284%
Emergency Medical Services 916,059 916,059 819,845 96,21489%
Streets 420,120 380,120 301,697 78,42379%
Parks 1,388,795 1,353,795 1,148,506 205,28985%
Recreation
658,647 638,647 576,939 61,70890%
Community Events
31,881 35,881 24,182 11,69967%
Community Development 582,726 592,726 540,803 51,92391%
Finance 410,419 405,419 351,990 53,42987%
Municipal Court 87,077 82,077 66,672 15,40581%
Human Resources 123,872 153,872 143,017 10,85593%
Information Services 531,262 511,262 428,701 82,56184%
Facilities Maintenance 112,079 112,079 93,303 18,77683%
Total Expenditures$ 8,656,309 $ 8,654,309$ 7,450,444$ 1,203,86486%
OriginalRevised
Other UsesYear-to-DateVariance% Used
BudgetBudget
Transfers Out$ 385,000$ 625,000$ 23,503 (601,497)4%
Total Outflows of Resources$ 9,041,309 $ 9,279,309$ 7,473,947$ 602,36781%
Town CouncilPage 22 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB
AUGUST 2016 FINANCIAL REPORT
GENERAL FUND SUMMARY CONTINUED
Original Revised
Fund Balance Year-to-Date
Budget Budget
Beginning fund balance$ 3,662,226$ 3,662,226$ 3,691,189
+ Net increase (Decrease) 83,491 (86,509) 1,348,584
Ending Fund Balance$ 3,745,717 $ 3,575,717$ 5,039,773
Revised
Original
Fund Balance DetailYear-to-Date
Budget
Budget
Reserve Fund balance
(30% of Total Expenditures)
$ 2,596,893$ 2,596,293$ 2,235,133
Assigned Fund Balance -
Committed Fund Balance 166,000 166,000 200,000
Unassigned Fund Balance in
Excess (Deficit) of 30%
982,825 982,825 2,604,640
Total Fund balance$ 3,745,718 $ 3,745,118$ 5,039,773
Based on Fiscal Year 2014-2015 audited financial statements.
General Fund Sales Tax Receipts
FY 2015FY 2016
55,381.2360,941.66
OCT
120,000.00
62,495.8379,043.05
NOV
56,315.6356,546.26
100,000.00 DEC
47,004.2464,779.94
JAN
80,000.00
95,802.2783,068.29
FEB
FY 2015
45,169.2756,324.77
MAR
60,000.00
50,647.9053,840.99
APR
FY 2016
40,000.00
61,533.5063,123.00
MAY
58,648.5260,544.94
JUN
20,000.00
54,958.0365,333.77
JUL
0.00
65,761.9673,402.10
AUG
OCTNOVDECJANFEBMARAPRMAYJUNJULAUGSEP
55,702.23
SEP
Town CouncilPage 23 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB
AUGUST 2016 FINANCIAL REPORT
DEPARTMENTAL BUDGET REPORTS
Percent of Budget Year Transpired:
Year-to-Date August 201692%
General Fund Summary
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 6,245,821$ 6,208,321$ 5,359,140$ 849, 18186%
Services & Supplies 2,194,625 2,230,125 1,923,303 306,82286%
Capital 215,863 215,863 168,001 47,86278%
Total$ 8,656,309$ 8,654,309$ 7,450,444$ 1,203,86486%
Manager's Office
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 689,144 $ 664,144 $ 589, 725$ 74,41989%
Services & Supplies 154,385 168,385 109,653 58,73265%
Total$ 843,529$ 832,529$ 699,378$ 133,15184%
Legal
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 165,480 $ 220,480 $ 220, 259$ 221100%
Services & Supplies 31,492 91,492 69,314 22,17876%
Total$ 196,972$ 311,972$ 289,573$ 22, 40093%
Police
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 2,022,142$ 2,009,642$ 1,650,750$ 358, 89282%
Services & Supplies 284,929 272,429 270,270 2,15999%
Capital 45,800 45,800 44,819 98198%
Total$ 2,352,871$ 2,327,871$ 1,965,839$ 362,03284%
EMS
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 793,590 $ 793,590 $ 706, 397$ 87,19489%
Services & Supplies 104,469 104,469 97,362 7,10793%
Capital 18,000 18,000 16,086 1,91489%
Total$ 916,059$ 916,059$ 819,845$ 96, 21489%
Town CouncilPage 24 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB
AUGUST 2016 FINANCIAL REPORT
DEPARTMENTAL BUDGET REPORTS CONTINUED
Percent of Budget Year Transpired:
Year-to-Date August 201692%
Streets
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 220,656 $ 205,656 $ 165, 002$ 40,65480%
Services & Supplies 199,464 174,464 136,694 37,77078%
Total$ 420,120$ 380,120$ 301,697$ 78, 42379%
Parks
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 786,327 $ 761,327 $ 648, 097$ 113, 23085%
Services & Supplies 579,868 569,868 485,221 84,64785%
Capital 22,600 22,600 15,188 7,41267%
Total$ 1,388,795$ 1,353,795$ 1,148,506$ 205,28985%
Recreation
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 417,042 $ 397,042 $ 363, 919$ 33,12392%
Services & Supplies 161,605 161,605 136,316 25,28984%
Capital 80,000 80,000 76,705 3,29696%
Total$ 658,647$ 638,647$ 576,939$ 61, 70890%
Community Events
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Services & Supplies$ 31,881$ 35,881$ 24,182$ 11,69967%
Total$ 31,881 $ 35,881 $ 24, 182$ 11, 69967%
Community Development
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 451,227 $ 456,227 $ 405, 411$ 50,81689%
Services & Supplies 131,499 136,499 135,393 1,10699%
Total$ 582,726$ 592,726$ 540,803$ 51, 92391%
Town CouncilPage 25 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB
AUGUST 2016 FINANCIAL REPORT
DEPARTMENTAL BUDGET REPORTS CONTINUED
Percent of Budget Year Transpired:
Year-to-Date August 201692%
Finance
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 285,126 $ 280,126 $ 245, 030$ 35,09687%
Services & Supplies 125,293 125,293 106,960 18,33385%
Total$ 410,419$ 405,419$ 351,990$ 53, 42987%
Municipal Court
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 77,388$ 72,388$ 61,066$ 11,32284%
Services & Supplies 9,689 9,689 5,606 4,08358%
Total$ 87,077 $ 82,077 $ 66, 672$ 15, 40581%
Human Resources
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 119,557 $ 129,557 $ 120, 926$ 8,63193%
Services & Supplies 4,315 24,315 22,091 2,22491%
Total$ 123,872$ 153,872$ 143,017$ 10, 85593%
\]
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 218,142 $ 218,142 $ 182, 560$ 35,58284%
Services & Supplies 263,657 243,657 230,938 12,71995%
Capital 49,463 49,463 15,203 34,26031%
Total$ 531,262$ 511,262$ 428,701$ 82, 56184%
Facilities Maintenance
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Services & Supplies$ 112,079 $ 112,079 $ 93,303$ 18,77683%
Total$ 112,079$ 112,079$ 93,303 $ 18,776 83%
Town CouncilPage 26 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB
AUGUST 2016 FINANCIAL REPORT
DEBT SERVICE FUND
Year-to-Date August 2016Percent of Budget Year Transpired: 92%
Original Revised
RevenuesYear-to-DateVariance% Received
BudgetBudget
Property Tax$ 1,704,718$ 1,704,718$ 1,695,984$ (8,734)99%
Interest Income 250 250 2,998 2,7481199%
Total Revenue$ 1,704,968 $ 1,704,968 $ 1,698,982 $ (5,986)100%
Original Revised
Other SourcesYear-to-DateVariance% Received
BudgetBudget
Transfers In$ 87,206$ 87,206$ 94,002$ (6,795)108%
Total$ 87,206$ 87,206$ 94,002$ (6,795)108%
Original Revised
ExpendituresYear-to-DateVariance% Used
BudgetBudget
Principal Payments$ 1,339,500 $ 1,379,500$ 1,378,000 $ 1,500 100%
Interest Payments 383,067 383,067$ 390,299 (7,232)102%
Paying Agent Fees 4,500 16,500 $ 14,255 2,24586%
Total Expenditures$ 1,727,067 $ 1,779,067 $ 1, 782,554$ (3,487)100%
Original Revised
Fund BalanceYear-to-Date
BudgetBudget
Beginning Fund Balance$ 105,367$ 105,367$ 118,542
+Net Increase (Decrease)
65,107 65,107 10,430
Ending Fund Balance$ 170,474$ 170,474$ 128,972
Based on Fiscal Year 2014-2015 audited financial statements.
Town CouncilPage 27 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB
AUGUST 2016 FINANCIAL REPORT
CAPITAL PROJECTS FUND
Year-to-Date August 2016Percent of Budget Year Transpired: 92%
Original Revised
RevenuesYear-to-DateVariance% Received
BudgetBudget
$ (26,238)N/A
Contributions $ - $ - $ 26,238
Interest Income$ 100$ 100$ 22,187$ 22,08722187%
Total$ 100$ 100$ 48,425$ (4,151)48425%
Original Revised
Other SourcesYear-to-DateVariance% Received
BudgetBudget
Bond Proceeds$ 9,750,000 $ 9,750,000$ 9, 455,000$ (295,000)97%
Bond Premium$ -$ -$ 537,946$ 537,946N/A
Transfer In$ 385,000$ 625,000$ 23,503$ (601,497)4%
Total$ 10,135,000$ 10,375,000$ 10,016,448$ (358,552) 97%
Original Revised
ExpendituresYear-to-DateVariance% Used
BudgetBudget
Capital Outlay
8,848,404 8,848,404 2,394,083 ( 6,454,321)27%
Total$ 8,848,404 $ 8,848,404 $ 2,394,083 $ (6,454,321)27%
Includes Town Hall construction planning costs.
Original Revised
Fund BalanceYear-to-Date
BudgetBudget
Beginning Fund Balance$ 1,293,027$ 1,293,027$ 1,694,546
+Net Increase (Decrease) 1,286,696 1,286,696 7,670,791
Ending Fund Balance$ 2,579,723 $ 2,579,723 $ 9,365,337
Based on Fiscal Year 2014-2015 audited financial statements.
Town CouncilPage 28 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB
AUGUST 2016 FINANCIAL REPORT
TROPHY CLUB PARK FUND
Year-to-Date August 2016Percent of Budget Year Transpired: 92%
Original Revised
RevenueYear-to-DateVariance% Received
BudgetBudget
Park Revenue$ 165,000$ 165,000$ 35,947$ (129,053) 22%
Interest Income$ - $ - $ - $ - N/A
Total Revenue$ 165,000$ 165,000$ 35,947$ (129,053) 22%
Original Revised
ExpensesYear-to-DateVariance% Used
BudgetBudget
Salaries$ 45,544$ 45,544$ 32,493$ 13,05171%
Longevity 204 204 204 -100%
Stipend 300 300 300 -100%
Retirement 3,504 3,504 2 ,977 52785%
Medical Insurance 3,000 3,000 2 ,442 55881%
Dental Insurance 233 233 191 4282%
Vision Insurance 32 32 27 583%
Life Insurance & Other 239 239 178 6174%
Social Security Taxes 2,836 2,836 1 ,934 90268%
Medicare Taxes 668 668 452 21668%
Unemployment Taxes 306 306 193 11363%
Workman's compensation 1,094 1,094 695 40063%
Total Personnel Services$ 57,960$ 57,960$ 42,085$ 15,87573%
Professional Outside Services$ 2,500$ 2,500$ - $ 2,5000%
Auditing 1,000 1,000 1 ,000 -100%
Software & Support 7,241 7,241 8 ,014 ( 773)111%
Advertising 1,235 1,235 141 1 ,09411%
Schools & Training - - - -N/A
Service Charges & Fees 8,495 8,495 5 ,908 2 ,58770%
Electricity 2,800 2,800 1 ,781 1 ,01964%
Water 1,747 1,747 2 ,669 ( 922)153%
Telephone 1,900 1,900 1 ,794 10694%
Communication/Pagers/Mobiles 933 933 1 ,613 ( 680)173%
Insurance 1,200 1,200 1 ,200 -100%
Property Maintenance 10,500 10,500 3 ,715 6 ,78535%
Equipment Maintenance 2,384 2,384 1 ,442 94260%
Independent labor 26,600 26,600 7 ,183 19,41827%
Portable Toilets 3,644 3,644 2 ,886 75879%
Dues & Membership 250 250 - 2500%
Travel & Per Diem 492 492 324 16866%
Office Supplies 1,044 1,044 217 82721%
Postage 327 327 34 29310%
Fuel 1,250 1,250 215 1 ,03517%
Uniforms 520 520 356 16468%
Community Events 14,900 14,900 3 ,948 10,95226%
Small tools 1,200 1,200 32 1 ,1683%
Furniture/Equipment <$5,000 1,920 1,920 5 ,997 (4,077)312%
Maintenance Supplies 464 464 23 4415%
Miscellaneous Expense 500 500 - 5000%
Total Services & Supplies$ 95,046$ 95,046$ 50,492$ 44,55453%
Includes new brochure holders and message boards.
Total Expenses$ 153,006$ 153,006$ 92,577$ 60,42961%
Town CouncilPage 29 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB
AUGUST 2016 FINANCIAL REPORT
TROPHY CLUB PARK FUND CONTINUED
Original Revised
Other UsesYear-to-DateVariance% Used
BudgetBudget
Park Administration Transfer$ 8,000$ 8,000$ 6,000$ 2,00075%
Total Other Uses$ 8,000$ 8,000$ 6,000$ 2,00075%
Operating
Working CapitalYear-to-Date
Days
Beginning Working Capital$ (74,410) (166)
+Net Increase (Decrease) (62,629) (140)
Ending Working Capital$ (137,039) (306)
Based on Fiscal Year 2014-2015 audited financial statements.
Town CouncilPage 30 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB
AUGUST 2016 FINANCIAL REPORT
STORM DRAINAGE UTILITY FUND
Year-to-Date August 2016Percent of Budget Year Transpired92%
Original Revised
RevenueYear-to-DateVariance% Received
BudgetBudget
Storm Drainage Fees$ 414,700$ 414,700$ 383,530$ (31,170)92%
Interest Income 100 100 823 723823%
Total Revenue$ 414,800$ 414,800$ 384,353$ (30,447)93%
Original Revised
ExpensesYear-to-DateVariance% Used
BudgetBudget
Operating Expenses 195,303 195,303 102,302 93,001 52%
Debt Service 175,400 175,400 180,400 (5,000)103%
Total Expenses$ 370,703$ 370,703$ 282,702$ 88,00176%
Original Revised
Other UsesYear-to-DateVariance% Used
BudgetBudget
Transfer to Debt Service$ 62,206$ 62,206$ 62,206$ -100%
Total Other Uses$ 62,206$ 62,206$ 62,206$ - 100%
Operating
Working CapitalYear-to-Date
Days
Beginning Working Capital$ 237,458 197
+Net Increase (Decrease) 39,445 33
Ending Working Capital$ 276,903 230
Based on Fiscal Year 2014-2015 audited financial statements.
Original Revised
Drainage Capital ProjectsYear-to-Date
BudgetBudget
Funding Source
2013 CO Proceeds $ 206,139 $ 206,139 $ 231,902
Operating Funds 36,488 36,488 6,839
Project Detail
Indian Creek - -
$ -
Timber Ridge/Fresh Meadow - -
-
Cypress Court Drainage Inlets (20,000) (20,000)
86,322
Pin Oak Court (51,260) (51,260)
62,547
Pebble Beach Drive (71,367) (71,367)
89,872
Broadway Creek Improvements
-
and Amenity Lake Slopes
(100,000) (100,000)
Remaining Funding$ - $ - $ -
Town CouncilPage 31 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB
AUGUST 2016 FINANCIAL REPORT
CRIME CONTROL PREVENTION DISTRICT
Year-to-Date August 2016Percent of Budget Year Transpired: 92%
Original Revised
RevenueYear-to-DateVariance% Received
BudgetBudget
Sales Tax$ 186,433$ 186,433$ 175,097$ (11,337)94%
Interest Income - - 57 57N/A
Total Revenue$ 186,433$ 186,433$ 175,153$ (11,280)94%
Original Revised
ExpendituresYear-to-DateVariance% Used
BudgetBudget
Services & Supplies$ 57,400$ 57,400$ 34,522$ 22,87860%
Capital Expenses 125,000 125,000 93, 566 31, 43475%
Total Expenditure$ 182,400$ 182,400$ 128,089$ 54,31170%
Original Revised
Fund BalanceYear-to-Date
BudgetBudget
Beginning Fund Balance$ 38,491$ 38,491$ 134,265
+Net Increase (Decrease)
4,033 4,033 47,065
Ending Fund Balance
$ 42,524$ 42,524$ 181,330
Based on Fiscal Year 2014-2015 audited financial statements.
Town CouncilPage 32 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB
AUGUST 2016 FINANCIAL REPORT
STREET MAINTENANCE SALES TAX FUND
Year-to-Date August 2016Percent of Budget Year Transpired: 92%
Original Revised
RevenueYear-to-DateVariance% Received
BudgetBudget
Sales Tax$ 182,554$ 182,554$ 179,237$ (3,317)98%
Interest Income$ -$ -$ 30$ 30N/A
Total Revenue$ 182,554$ 182,554$ 179,267$ (3,317)98%
Original Revised
ExpendituresYear-to-DateVariance% Used
BudgetBudget
Operating Expenditures$ 160,412$ 175,412$ 238,727$ 113,402136%
Total Expenses$ 160,412$ 175,412$ 238,727$ (63,315)136%
Includes concrete panel replacements and school zone flashers.
Original Revised
Other UsesYear-to-DateVariance% Used
BudgetBudget
Transfer To Debt Service$ 25,000$ 25,000$ 12,500$ 12,50050%
Total Other Uses$ 25,000$ 25,000$ 12,500$ 12,50050%
Original Revised
Fund BalanceYear-to-Date
BudgetBudget
Beginning Fund Balance$ 49,584$ 49,584$ 65,306
+Net Increase (Decrease) (2,858) (2,858) (71,960)
Ending Fund Balance$ 46,726$ 46,726$ (6,654)
Based on Fiscal Year 2014-2015 audited financial statements.
Town CouncilPage 33 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB
AUGUST 2016 FINANCIAL REPORT
COURT TECHNOLOGY FUND
Year-to-Date August 2016Percent of Budget Year Transpired: 92%
Original Revised
RevenueYear-to-DateVariance% Received
BudgetBudget
Fines & Fees$ 4,000 $ 4,000 $ 3,190 $ (810) 80%
Total Revenue$ 4,000$ 4,000$ 3,190$ (810)80%
Original Revised
ExpendituresYear-to-DateVariance% Used
BudgetBudget
Purchased Services$ 5,200 $ 5,700 $ 5,829 $ (129) 102%
Total Expenditure$ 5,200$ 5,700$ 5,829$ (129)102%
Incode annual Court maintenance.
Original Revised
Fund BalanceYear-to-Date
BudgetBudget
Beginning Fund Balance$ 21,437$ 21,437$ 21,519
+Net Increase (Decrease) (1,200) (1,200) (2,638)
Ending Fund Balance$ 20,237$ 20,237$ 18,881
Based on Fiscal Year 2014-2015 audited financial statements.
Town CouncilPage 34 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB
AUGUST 2016 FINANCIAL REPORT
COURT SECURITY FUND
Year-to-Date August 2016Percent of Budget Year Transpired: 92%
Original Revised
RevenueYear-to-DateVariance% Received
BudgetBudget
Municipal Court Security Fee$ 3,000 $ 3,000 $ 2, 403$ ( 597)80%
Total Revenue$ 3,000$ 3,000$ 2,403$ (597)80%
Original Revised
ExpendituresYear-to-DateVariance% Used
BudgetBudget
Purchased Services$ -$ 1,300 $ 952$ 34873%
Total Expenditure$ - $ 1,300$ 952$ 348N/A
Original Revised
Other UsesYear-to-DateVariance% Received
BudgetBudget
Transfer to General Fund$ 3,000 $ 3,000 $ 2,250 $ 75075%
Total Other Uses$ 3,000$ 3,000$ 2,250$ 75075%
Original Revised
Fund BalanceYear-to-Date
BudgetBudget
Beginning Fund Balance$ 21,793$ 21,793$ 21,903
+Net Increase (Decrease) - - (800)
Ending Fund Balance$ 21,793$ 21,793$ 21,103
Based on Fiscal Year 2014-2015 audited financial statements.
Town CouncilPage 35 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB
AUGUST 2016 FINANCIAL REPORT
ECONOMIC DEVELOPMENT COPORATION 4B
Year-to-Date August 2016Percent of Budget Year Transpired: 92%
Original Revised
RevenueYear-to-DateVariance% Received
BudgetBudget
Sales Tax$ 365,109$ 365,109$ 358,474$ 6,635 98%
Interest Income 450 450 1,176 (726)261%
Total Revenue$ 365,559$ 365,559$ 359,651$ 5,90898%
Original Revised
ExpendituresYear-to-DateVariance% Used
BudgetBudget
Auditing$ 1,000 $ 1,000 $ 1,000 $ -100%
Advertising 5,200 5,200 95 5,1052%
Printing 500 500 - 5000%
Schools & Training 1,310 1,310 345 96526%
Dues & Membership 1,050 1,050 - 1,0500%
Travel & Per Diem 694 694 30 6644%
Office Supplies 250 250 - 2500%
Miscellaneous Expense 7,950 7,950 2,500 5,45031%
EDC Projects 3,750 3,750 3,500 25093%
Incentive Programs 140,773 140,773 129,042 11, 73192%
Debt Service 208,473 208,473 103,473 105,0010%
Total Expenditures$ 370,950$ 370,950$ 239,984$ 130,96665%
TC Event Center competitive study.
Original Revised
Fund BalanceYear-to-Date
BudgetBudget
Beginning Fund Balance$ 490,480$ 490,480$ 3, 060,400
+Net Increase (Decrease) (5,391) (5,391) 119,666
Ending Fund Balance$ 485,089$ 485,089$ 3, 180,066
Based on Fiscal Year 2014-2015 audited financial statements.
Variance due to 2015 CO bond issuance. Land inventory asset totals $2,538,765. Spendable resources totals $641,301.
Town CouncilPage 36 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB
AUGUST 2016 FINANCIAL REPORT
HOTEL OCCUPANCY
Year-to-Date August 2016Percent of Budget Year Transpired: 92%
Original Revised
RevenueYear-to-DateVariance% Received
BudgetBudget
Hotel Occupancy Tax$ 354,520$ 354,520$ 265,549$ (88,971)75%
4th of July Revenue - - 3,310 3,310N/A
Interest income 500 500 682 182136%
Total Revenue$ 355,020$ 355,020$ 269,541$ (85,479)76%
Original Revised
ExpendituresYear-to-DateVariance% Used
BudgetBudget
Advertising $ 83,000 $ 83,000 $ -$ 83,0000%
Event Rentals 46,825 46,825 72,954 (26,129)156%
July 4 Celebration 26,000 26,000 - 26, 0000%
Service Charges & Fees - - 6 (6)NA
Capital Outlay - - 14, 971 (14,971)NA
Total Expenditures$ 155,825$ 155,825$ 87,931$ 82,86556%
Original Revised
Other UsesYear-to-DateVariance% Used
BudgetBudget
Transfer Out$ 100,000$ 100,000$ 75,000$ 25,00075%
Total Other Uses$ 100,000$ 100,000$ 75,000$ 25,00075%
Original Revised
Fund BalanceYear-to-Date
BudgetBudget
Beginning Fund Balance$ 451,931$ 451,931$ 475,748
+Net Increase (Decrease) 99,195 99,195 106,610
Ending Fund Balance$ 551,126$ 551,126$ 582,358
Based on Fiscal Year 2014-2015 audited financial statements.
Town CouncilPage 37 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB
AUGUST 2016 FINANCIAL REPORT
RECREATIONAL PROGRAMS
Year-to-Date August 2016Percent of Budget Year Transpired: 92%
Original Revised
RevenueYear-to-DateVariance% Received
BudgetBudget
Recreational Programs$ 8,000$ 8,000$ 8,286 $ 286104%
Total Revenue$ 8,000$ 8,000$ 8,286$ 286104%
Original Revised
ExpendituresYear-to-DateVariance% Used
BudgetBudget
Recreational Programs$ 8,000$ 8,000$ 7,714 $ 28696%
Total Expenditures$ 8,000$ 8,000$ 7,714$ 28696%
Includes kickball and archery expenses.
Original Revised
Fund BalanceYear-to-Date
BudgetBudget
Beginning Fund Balance$ 2,812$ 2,812$ 3,395
+Net Increase (Decrease) - - 572
Ending Fund Balance$ 2,812$ 2,812$ 3,967
Based on Fiscal Year 2014-2015 audited financial statements.
Town CouncilPage 38 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB
AUGUST 2016 FINANCIAL REPORT
TIRZ #1
Year-to-Date August 2016Percent of Budget Year Transpired: 92%
Original Revised
RevenueYear-to-DateVariance% Received
BudgetBudget
Propety Tax$ 6,095 $ 6,095 $ 3,087$ (3,008)51%
Sales Tax 1,000 1,000 -$ (1,000)0%
Total Revenue$ 7,095$ 7,095$ 3,087$ (4,008) 44%
Original Revised
ExpendituresYear-to-DateVariance% Used
BudgetBudget
N/A
Incentive Programs $ - $ 400,000 $ 400,000 $ -
Total Expenditures$ - $ 400,000 $ -N/A
$ 400,000
Infrastructure costs for Bread Winners Caf é.
Original Revised
Fund BalanceYear-to-Date
BudgetBudget
Beginning Fund Balance$ 8,291 $ 8,291 $ 6,062
+Net Increase (Decrease) 7,095 7,095 (396,913)
Ending Fund Balance$ 15,386$ 15,386$ (390,851)
Based on Fiscal Year 2014-2015 audited financial statements.
Town CouncilPage 39 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB
AUGUST 2016 FINANCIAL REPORT
ANNIVERSARY FUND
Year-to-Date August 2016Percent of Budget Year Transpired: 92%
Original Revised
RevenueYear-to-DateVariance% Received
BudgetBudget
Donations$ - $ - $ 24$ 24N/A
Total Revenue$ -$ -$ 24$ 24N/A
Original Revised
ExpendituresYear-to-DateVariance% Used
BudgetBudget
Community Events$ - $ - $ 3,054$ (3,054)N/A
Total Expenditures$ -$ -$ 3,054$ (3,054)N/A
Original Revised
Fund BalanceYear-to-Date
BudgetBudget
Beginning Fund Balance$ 4,614$ 4,614$ 3,497
+Net Increase (Decrease) - - (3,030)
Ending Fund Balance$ 4,614$ 4,614$ 467
Based on Fiscal Year 2014-2015 audited financial statements.
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Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-601-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:10/5/2016 In control:Town Council
On agenda:10/11/2016 Final action:
Title:Consider and take appropriate action regarding the Fourth Quarter Investment Report for Fiscal Year
2016 (Staff).
Attachments:Staff Report - Fourth Quarter 2016 Investment Report.pdf
Fourth Quarter 2016 Investment Report.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the Fourth Quarter Investment Report for Fiscal Year 2016 (Staff).
Agenda Item No. 5
Town CouncilPage 72 of 201Meeting Date: October 11, 2016
To: Mayor and Town Council
From:Steven Glickman, Assistant Town Manager/CFO
CC: Patrick Arata, Acting Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Fiscal Year 2016 – Fourth Quarter Investment Report
Town Council Meeting, October 11, 2016
Agenda Item:
Consider and take appropriate action regarding the Fourth Quarter Investment Report for Fiscal
Year 2016 (Staff).
Explanation:
The Town’s current interest bearing accounts have an ending balance of $15,059,562.17 as of
September30, 2016, which is a decrease from $19,266,999.20 on July 1, 2016. The increase
can be primarily attributed to the expenditure of debt proceeds issued in prior periods.
Interest earnings for the quarter total $28,612.53 – which is an increase of $24,161.32 from the
fourthquarter investment report in FY 2015. The average yield of a 6 month treasury bill,
which the Town uses as a performance benchmark, for the Fourth Quarter was .43%, while
Town investments earned .67% for the Fourth Quarter. The Fourth Quarter investment
earnings were from the following investments: $140.22 was earned from an interest bearing
account at First Financial Bank; $2,078.25 was earned from investment accounts at TexPool;
$1,865.55 was earned from investment accounts at LOGIC; $2,537.36 was earnedfrom
investment accounts at First Public; $17,332.84 was earned from investment accounts at Texas
CLASS; $7.57 was earned from investment accounts with Dryfus; and $4,650.74 wasearned
from Certificates of Deposit. The average yield for interest bearing accounts during the Fourth
Quarter was 0.15% at First Financial, .37% at TexPool, 0.64% at LOGIC, 0.59% at First Public,
0.70% and Texas CLASS, 0.30% at Dryfus, and 0.84% on Certificates of Deposit. The Town’s
deposits at First Financial Bank and Comerica Bank are collateralized by government securities.
Attachments:
Fourth Quarter 2016 Investment Report
Recommendation:
Staff recommends approval of the Fourth Quarter Investment Report for Fiscal Year 2016.
Page 1 of 1
Town CouncilPage 73 of 201Meeting Date: October 11, 2016
TownofTrophyClub
QuarterlyInvestmentReport
FortheQuarterEndedSeptember30,2016
FirstFinancialBank
BeginningEndingLife
InvestmentDescriptionBalanceDepositsWithdrawalsInterestBalance(days)Yield
FirstFinancialPooledCash300,243.18$$4,458,851.25$(4,149,244.63)$140.22$609,990.0210.15%
FirstFinancialTotals$300,243.18$4,458,851.25$(4,149,244.63)$140.22$609,990.02 10.15%
TexPoolBeginningEndingLife
InvestmentDescriptionBalanceDepositsWithdrawalsInterestBalance(days)Yield
TexPoolInterestandSinkingAccount$1,275,041.95$92,353.25$(1,217,670.44)$816.47$150,541.2310.37%
TexPoolDesignatedAccount243,724.681,108,543.26(1,343,151.43)233.509,350.0110.37%
TexPoolGrantFund99.8699.8610.37%
TexPool2010TaxNotes41,218.6438.9041,257.5410.37%
TexPool2013CO25,109.40(25,125.31)15.9100.37%
TexPoolUtilityDrainageAccount272,200.1090,949.78(71,977.37)262.57291,435.0810.37%
TexPool2014CO656,115.21(656,529.24)414.0300.37%
TexPoolEDC4BOperating290,603.14324,619.66(156,936.25)283.27458,569.8210.37%
TexPool2015COEDC4B14,244.0313.6014,257.6310.37%
TexPoolTotals$2,818,357.01$1,616,465.95$(3,471,390.04)$2,078.25$965,511.17 10.37%
LOGIC
BeginningEndingLife
InvestmentDescriptionBalanceDepositsWithdrawalsInterestBalance(days)Yield
LOGICDesignated1,157,180.45$$$$1,865.55$1,159,046.0010.64%
LOGICTotals$1,157,180.45$$$1,865.55$1,159,046.00 10.64%
FirstPublic
BeginningEndingLife
InvestmentDescriptionBalanceDepositsWithdrawalsInterestBalance(days)Yield
FirstPublicDesignated2,996,202.80(2,950,000.00)2,537.3648,740.1610.59%
FirstPublicTotals2,996,202.80$$$(2,950,000.00)$2,537.36$48,740.16 10.59%
TexasCLASS
BeginningEndingLife
InvestmentDescriptionBalanceDepositsWithdrawalsInterestBalance(days)Yield
TexasCLASS2016GO5,404,555.36$$$(256,664.48)$9,499.84$5,157,390.7210.70%
TexasCLASSDesignated800,854.86(576,281.98)123.01224,695.8910.70%
TexasCLASSHotelOccupancy576,281.98(33,148.62)61.33543,194.6910.70%
TexasCLASS2016CO4,378,690.74(249,754.51)7,648.664,136,584.8910.70%
FirstPublicTotals$9,783,246.10$1,377,136.84$(1,115,849.59)$17,332.84$10,061,866.19 10.70%
Dryfus
BeginningEndingLife
InvestmentDescriptionBalanceDepositsWithdrawalsInterestBalance(days)Yield
SweepMoneyMarketFund421.21$$240,006.80$(239,999.95)$7.57$435.6310.30%
DryfusTotals421.21$$240,006.80$(239,999.95)$7.57$435.63 10.30%
CertificatesofDepositBeginningEndingLife
InvestmentDescriptionBalanceDepositsWithdrawalsInterestBalance(days)Yield
ComericaBank(GeneralFund)1,008,030.70$$$$1,825.14$1,009,855.842330.72%
SantanderBank(GeneralFund)241,081.32393.20241,474.52210.65%
MizuhoBank(GeneralFund)240,831.28(240,900.82)69.5400.50%
AllyBank(GeneralFund)240,385.64514.20240,899.842050.85%
CenturionBank(GeneralFund)240,529.32695.67241,224.993881.15%
WellsFargoBank(GeneralFund)240,490.19(1,125.37)704.22240,069.045681.05%
CapitalOneBank(GeneralFund)240,000.00448.77240,448.776591.05%
CertificateofDepositTotals$2,211,348.45$240,000.00$(242,026.19)$4,650.74$2,213,973.00 3060.84%
TotalCash&Investments$19,266,999.20$7,932,460.84$(12,168,510.40)$28,612.53$15,059,562.17 460.67%
(1)(2)
(1)Weightedaveragelife Forpurposesofcalculatingweightedaveragelife,poolandbankaccountinvestmentsareassumedtohaveaonedaymaturity.
(2)Weightedaverageyieldtomaturity Theweightedaverageyieldtomaturityisbasedonadjustedbookvalue,realizedandunrealizedgains/lossesarenotconsidered.
TheundersignedservesastheInvestmentOfficerfortheTownofTrophyClub.IcertifythatallinstrumentsheldintheTown'sinvestmentportfoliosfortheperiodJuly1,2016
throughSeptember30,2016(a)mettheinvestmentguidelinesandcompliedwiththeinvestmentstrategiesasauthorizedbytheTown'sInvestmentPolicies,and(b)didnotviolate
anyapplicableprovisionsofsection2256oftheGovernmentCodeofTexas.
INVESTMENTOFFICERDATE 10/4/2016
StevenGlickman
AssistantTownManager/CFO
Town CouncilPage 74 of 201Meeting Date: October 11, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-594-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:10/4/2016 In control:Town Council
On agenda:10/11/2016 Final action:
Title:Consider and take appropriate action regarding a Proclamation of the Town Council declaring
November 7-11, 2016 as Municipal Court Week in Trophy Club; and providing an effective date
(Staff).
Attachments:PRO 2016-11 - Trophy Club Municipal Court Week.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingaProclamationoftheTownCouncildeclaringNovember7-11,2016as
Municipal Court Week in Trophy Club; and providing an effective date (Staff).
Agenda Item No. 6
Town CouncilPage 75 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2016-11
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, RECOGNIZING THE IMPORTANCE OF MUNICIPAL COURTS,
THE RULE OF LAWAND THE FAIR AND IMPARTIAL ADMINISTRATION OF
JUSTICE AND PROCLAIMING NOVEMBER 7–11, 2016 AS MUNICIPAL COURT
WEEK IN TROPHY CLUB, TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, municipal courts play a significant role in preserving public safety and
promoting qualityof life in Texas;
WHEREAS
, more people come in contact with municipal courts than all other Texas
courts combined and public impression of the Texas judicial system is largely dependent upon
the public’s experience in municipal court;
WHEREAS
, the Town of Trophy Clubhoststhe Trophy Club Municipal Courtsince the
9thday of December 1985;
WHEREAS
,state law authorizes a municipality to either appoint or elect a municipal
judge for a term of office, theTrophy ClubMunicipal Court is a state court and its judges are
membersof the state judiciary;
WHEREAS
, the procedures for the Trophy ClubMunicipal Court operations are set forth
in the Texas Code of Criminal Procedure and other laws of the State of Texas;
WHEREAS
, the Town of Trophy Clubis committed to the notion that our legal system is
based on the principle that an independent, fair, and competent judiciary will interpret and
apply the laws that govern usand that judgesand court personnelshould comply with the law
and act in a manner that promotes public confidence inthe integrity and impartiality of the
judiciary;
WHEREAS
,Trophy ClubMunicipal Judges arenot policy makers for the Town of
Trophy Clubbut arebound by the law and the Canons of Judicial Conductand are required to
make decisions independent of the governing body of the TownCouncil, townofficials, and
employees;and
WHEREAS
,the TownCouncil recognizesthat the Constitution and laws of the State of
Texascontain procedural safeguards in criminal cases for all defendants, includingindigent
defendants, and supports the Trophy ClubMunicipal Courtin complying with such legal
requirements.
NOW, THEREFORE, I, MAYOR C. NICK SANDERS, IN CONJUNCTION WITH THE
TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM
THE WEEK OF NOVEMBER 7 – 11, 2016 AS:
MUNICIPAL COURT WEEK
PASSED AND APPROVED
by the Town Council of the Town of Trophy Club, Texas,
this 11th day of October 2016.
_______________________________ ________________________________
Holly Fimbres, Town Secretary C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town CouncilPage 76 of 201Meeting Date: October 11, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-585-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:10/1/2016 In control:Town Council
On agenda:10/11/2016 Final action:
Title:Consider and take appropriate action regarding an Interlocal Cooperation Agreement between the
Town and Denton County for Public Safety Application Support and Maintenance for the Police
Department; and authorizing the Mayor or his designee to execute all necessary documents (Staff).
Attachments:Staff Report - Public Safety Application Support & Maintenance ILA for PD.pdf
FY2017 Public Safety ILA - Trophy Club PD.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardinganInterlocalCooperationAgreementbetweentheTownandDenton
CountyforPublicSafetyApplicationSupportandMaintenanceforthePoliceDepartment;andauthorizingtheMayoror
his designee to execute all necessary documents (Staff).
Agenda Item No. 7
Town CouncilPage 77 of 201Meeting Date: October 11, 2016
To: Mayor and Town Council
From:Patrick Arata, Acting Town Manager
CC: Steven Glickman, Assistant Town Manager/CFO
Holly Fimbres, Town Secretary
Re: Public Safety Application Support and Maintenance for the Police Department
Town Council Meeting, October 11, 2016
Agenda Item:
Consider and take appropriate action regarding an Interlocal Cooperation Agreement between
the Town and Denton County for Public Safety Application Support and Maintenance for the
Police Department; and authorizing the Mayor or his designee to execute all necessary
documents (Staff).
Explanation:
This Interlocal Agreement is for Fiscal Year 2017 Application Support and Maintenance
(CAD/RMS software) for the Police Department.
Attachments:
FY2017 Public Safety ILA for Application Support & Maintenance – Trophy Club PD
Recommendation:
Staff recommends Council approve the Interlocal Agreement for Public Safety Application
Support and Maintenance(CAD/RMS software) with Denton County.
Budget impact:
There is a budget impact of $14,431 for the Police Department.
Page 1 of 1
Town CouncilPage 78 of 201Meeting Date: October 11, 2016
STATE OF TEXAS §
§
COUNTY OF DENTON §
INTERLOCAL COOPERATIONAGREEMENT
FORPUBLIC SAFETY APPLICATION SUPPORT AND
MAINTENANCE
ThisInterlocal Cooperation Agreement for Public Safety Application Support and
Maintenance, hereinafter referred to as “Agreement”, is madebyand between Denton County, a
political subdivision of the State ofTexas, hereinafter referred to as the “County”, and
Name of Agency:
hereinafterreferred toas “Agency”.
WHEREAS, County is a duly organized political subdivision of the State of Texas engaged
in the administration of county government and related servicesfor the benefit of the citizens of
Denton County, Texas; and
WHEREAS, Agency is duly organized and operating under the laws of the State of Texas
engaged inthe provision of municipal government and/or related services for the benefit of the
citizens of Agency;and
WHEREAS,CountyandAgency agree that the utilization of combined supportand
maintenance of publicsafety systems will be in thebest interests of both County andAgency,
WHEREAS,Countyand Agencydesiretomaximizethe value in the utilized public safety
applications to improve public safety and law enforcement throughout DentonCounty,
WHEREAS, County and Agency mutually desire to be subject to the provisions of the
InterlocalCooperation Act of the V.T.C.A. Government Code, Chapter 791; and
NOW THEREFORE, Countyand Agency, forthe mutual consideration hereinafter stated,
agree and understand as follows:
1.PURPOSE. The Denton County Department of Technology Services has the
resources toprovide publicsafety application support servicethroughout Denton County.
Agency wishesto utilize County’savailable public safety application support services
(“Services”) duringtheterm of thisagreement.
2.TERM OF AGREEMENT.The termof this Agreement shall be for a one year period
beginning October 1, 20and ending on September 30, 201. Agency mayselectthe desired level
ofsupport (either Basic or Enhanced) for each termof Agreement.
3.TERMINATIONOF AGREEMENT.Either partymay terminate this agreement,
with or without cause, after providing sixty(60) days written notice to the other party.
201-1
Interlocal Cooperation Agreement for Page 1 of 6
Public Safety Application Support and Maintenance
Town CouncilPage 79 of 201Meeting Date: October 11, 2016
4.BASICSUPPORT. Each Agency that participates in the Denton CountyShared
GovernanceCommunications & Dispatch Services System shall be eligible to receive basic
support (asdefinedin Exhibit “A” – Service Level Agreement) from County at no additional cost.
5.ENHANCED SUPPORT. Each Agency that participates in the Denton County
Shared Governance Communications & Dispatch Services System shall be eligible to select
optional enhanced support (asdefined inExhibit“A”– Service Level Agreement) from County.
5.1If thisAgreement is terminated prior to the expiration of the term of
Agreement, County shall send a pro-rated refund of the optional enhanced
support fees back to Agency based on the amount of time left on the
original agreement term.
5.2In the initial term of Agreement, Enhanced Support services will begin in
January 2015 and will be pro-rated for 9 months of services. In future
yearstheEnhanced Support services will begin in October. Before January
2015, participating agencieswill automatically receive Basic Support
services.
5.3.Agency shall payto County the Total Amount more fully described on
Exhibit “B”.
6.SOFTWARE LICENSES AND MAINTENANCE. “Software” shall be definedas
supported applications as described in Exhibit “A” – Service Level Agreement. Each Agency that
participates in the Denton County Shared Governance Communications & Dispatch Services
System shall be responsible for its own Software licenses and maintenance.
6.1.Agency isresponsible for purchasing any new Software licenses required
by Agency.
6.2.Agency is responsible for payment of all maintenance fees on Software
currently in usebyAgency. Payment may be made either directly tothe
software manufacturer or as a reimbursement to County for maintenance
paid on Agency’s behalf. Maintenance fees that are paid by County on
behalf of Agency are described in Exhibit “B”. County will work with
Agency and software manufacturerto transfer Agency specific
maintenance coststobill directlyto Agency (instead of billing to County
and requiringreimbursement from Agency).
6.3 If this Agreementis terminated prior to the expiration of the term of
Agreement, maintenance feesalreadypaid to the software manufacturer
are not eligible for refund.
7.COUNTYSERVICES AND RESPONSIBILITIES. County agrees to provide the
followingservicesand responsibilities:
7.1Countyshall provide either Basic Support Services or Enhanced Support
Services as more fully described on Exhibit “A” based on Agency’s selection.
7.2If applicable, County shall provide any mutually agreed Additional Agency
Specific Servicesasmore fully described on Exhibit “A”.
7.3Countyshallhavethesole discretionas to the method of providingthe
Services and shall be the sole judge as to the most expeditious and effective manner of handling
and responding to service requests. County will devote sufficient time to insure the performance
of all dutiesand obligations set forth herein.
201-1
Interlocal Cooperation Agreement for Page 2 of 6
Public Safety Application Support and Maintenance
Town CouncilPage 80 of 201Meeting Date: October 11, 2016
8.AGENCYRESPONSIBILITIES. Agency agrees to the following responsibilities:
8.1Furnish County with a current list of key contacts including an IT
coordinator contact on page 1 of Exhibit “A”.
8.2Except as otherwise specifically provided by County Services and
Responsibilities (in section 7 above), Agency is responsible for the costs
and upgrades associated with maintaining all Agency computer
equipment, network equipment, and software.
8.3Agency agrees to abide by all laws of the United States and the State of
Texas and all present or hereafter approved rules,policies and procedures
of TLETS, NLETS, TCIC, NCIC and any othersystem now or inthe future
associatedwith TLETS concerning the collection, storage, processing,
retrieval, dissemination andexchange of information for criminal justice
purposes.
8.4Agency shall select the desired level of support (either Basic or Enhanced)
on the signature page to thisAgreement.
8.5Agency is responsible for sending payments to County (Denton County
Auditor, Attn: Public Safety Application Support & Maintenance,401 W.
Hickory St, Ste 423, Denton, TX 76201) as more fullydescribedin Exhibit
“B”to thisAgreementwithin 30 calendar days of approval of Agreement.
9.AGREEMENT. The parties acknowledge they have read and understand and
intend to be bound by the terms andconditions of this Agreement.This Agreement containsthe
entire understandingbetween thepartiesconcerning the subject matter hereof. No prior
understandings, whetherverbal or written, between the parties or their agentsareenforceable
unless included in writingin this agreement. This Agreement may be amended only by written
instrument signedby both parties.
10.AGREEMENTLIASONS. Eachpartyto this agreement shall designate a Liaison to
insure the performance of all dutiesand obligations of theparties. The Liaison for each party
shalldevote sufficient timeand attentionto the execution of said duties on behalf of theParty to
ensure fullcompliance with the terms and conditions of thisAgreement.
11.ASSIGNMENT.Neitherparty shall assign, transfer, or sub-contract any of its rights,
burdens, duties,orobligationsunderthis Agreement without the priorwritten permission of the
other partytothis Agreement.
12.AGENCYLIABILITY.Agencyunderstands andagrees that Agency, its employees,
servants, agents, and representatives shall at notimerepresent themselves to be employees,
servants, agents, or representatives of County. Agency shall not be required to indemnify nor
defendCounty for any liability arising out of the wrongful acts of employees or agents of County
tothe extent allowed by Texas law.
13.COUNTYLIABILITY. County understandsand agrees that County, its employees,
servants, agents, and representatives shall at no time represent themselves to be employees,
servants, agents, or representatives of Agency.County shall not be required to indemnify nor
defendAgencyfor any liability arising out of the wrongful acts of employees or agents of Agency
tothe extent allowed by Texas law.
201-1
Interlocal Cooperation Agreement for Page 3 of 6
Public Safety Application Support and Maintenance
Town CouncilPage 81 of 201Meeting Date: October 11, 2016
14.DISPUTES/RECOURSE.County and Agencyagree that any disputesor
disagreementsthat may arise which are not resolved at the staff level by the parties should be
referredtothe Appointed Liaisons for each entity. Any furtherdisputesarising from thefailure
of either Agency or Countytoperform shall be submitted to mediation, with the parties splitting
themediationfees equally. It is further agreed and understood that the scope of matters to be
submitted todispute mediation as referenced above is limitedto disputesconcerningsufficiency
of performance and duty to pay or entitlement,ifany,to anyreduced fee or compensation. Any
other disputes or conflicts involving damages or claimed remedies outside the scope of
sufficiency of performanceand compensation adjustment shall be referred to a court of
competent jurisdiction in Denton County, Texas.
15.EXHIBITS. Attached hereto, and referred to elsewhere in this Agreementare the
followingExhibits, which are hereby incorporated byreference.
Exhibit A ServiceLevel Agreementv1.0
Exhibit B CostSchedule for Maintenance and EnhancedSupport
16.MULTIPLE ORIGINALS. It is understoodandagreed thatthis Agreementmaybe
executed in a number of identical counterparts, each of which shall be deemed an original for
all purposes.
17.NOTICES. Allnotices,demands or otherwritings maybe delivered by eitherparty
by U.S. First Class Mail or by other reliable courier to the partiesat the following addresses:
County:
1 Denton County Judge
Denton County Commissioners Court
110 West Hickory, Room #207
Denton,Texas 76201
2 Chief InformationOfficer(CIO)
Denton County Technology Services
701 KimberlyDrive,Suite 285
Denton,Texas 76208
3 Assistant District Attorney
Denton County Criminal District Attorney’s Office
1450 E.McKinney Street, 3Floor
rd
PO Box 2344
Denton,Texas 76202
Name of Agency:
Contact Person
Address
City, State, Zip
Telephone
201-1
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Public Safety Application Support and Maintenance
Town CouncilPage 82 of 201Meeting Date: October 11, 2016
18.SEVERABILITY.The validity of this Agreement and any of its terms or provisions,
as well as the rights and duties of the partieshereto, shall be governed by the laws of the State of
Texas. Further, thisAgreement shall be performed and all compensation payablein Denton
County, Texas. In the event that any portion of this Agreement shall be found to be contraryto
law, itis the intent of the parties hereto that the remaining portions shall remain valid and in
full force and effect to the extent possible.
19.THIRD PARTY. This Agreement is made for the express purpose of providing
public safety applicationsupport andmaintenance services, which both parties recognize to be
a governmental function. Except as provided in thisAgreement, neither party assumes any
liability beyond that provided by law. This Agreement is not intended to create any liability for
thebenefit of third parties.
20.VENUE. This agreement will be governed and construed according to the laws of
theState of Texas.Thisagreementshall be performed in Denton County, Texas.
21.WAIVER.The failure of County or Agency to insist upon the performance of any
term or provision of this Agreement or to exercise or enforce any right herein conferred, or the
waiver of a breach of any provision of this Agreement by either party,shall not be construed as
a waiver or relinquishment to any extent of eitherparty’s rightto assert or rely upon any such
term or right, or future breach of such provision, on any future occasion.
22.AUTHORIZEDOFFICIALS.Eachparty has the full power and authority to enter
into and performthis Agreement. Thepersons executing this Agreement represent they have
been properly authorized to sign on behalf of their governmental entity.
23.CURRENT FUNDS. All payments made by Agency to County pursuant to this
Agreement shall be from current revenues availabletoAgency.
201-1
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Public Safety Application Support and Maintenance
Town CouncilPage 83 of 201Meeting Date: October 11, 2016
DENTON COUNTY, TEXAS AGENCY
Please select the desired support level:
\[ \] Basic Support
-or-
\[ \] Enhanced Support
Mary Horn, County Judge
Signature
DentonCountyCommissionersCourt
110 West Hickory, Room #207
Denton, Texas 76201
(940)349-2820
EXECUTED duplicate originals on this EXECUTEDduplicate originals on this
Date: Date:
Approved as to form:Approved as to form:
AssistantDistrictAttorneyAttorneyforAgency
Denton County Criminal District
Attorney’s Office
201-1
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Page 6of 6
Public Safety Application Support and Maintenance
Town CouncilPage 84 of 201Meeting Date: October 11, 2016
DC-DTS
ENTONOUNTYEPARTMENTOFECHNOLOGYERVICES
SERVICELEVELAGREEMENT–PSA
EA
UBLIC AFETY GENCIES
XHIBIT
Version
VersionDateRevision / Description
1.010/1/2014InitialVersion
Nameof “Agency”
Agency Locations
Agency Contacts
TitleNameEmailPhone
AgreementLiason
AgreementLiason
ITCoordinator
ITCoordinator
AdditionalAgencySpecificServices
ExhibitA–ServiceLevelAgreementv1.0 –PublicSafetyAgenciesPage1of 11
Town CouncilPage 85 of 201Meeting Date: October 11, 2016
DC-DTS
ENTONOUNTYEPARTMENTOFECHNOLOGYERVICES
SERVICELEVELAGREEMENT–PSA
EA
UBLIC AFETY GENCIES
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County Contacts
TitleNameEmailPhone
AgreementLiason&IsaacWhiteIsaac.White@dentoncounty.com940-349-4357
ApplicationSupportManager
ApplicationSupportAdministratorCathyStanleyCathy.Stanley@dentoncounty.com940-349-4357
ChiefInformationOfficerKevinCarrKevin.Carr@dentoncounty.com940-349-4500
DeputyChiefInformationOfficerBrianKingBrian.King@dentoncounty.com940-349-4500
DesktopOperationsManagerShawnBuchananShawn.Buchanan@dentoncounty.com940-349-4357
ServerOperationsManagerRayRoseRay.Rose@dentoncounty.com940-349-4357
NetworkOperationsManagerDonClickDon.Click@dentoncounty.com940-349-4357
HELPDESKHelpDesk@dentoncounty.com940-349-4357
ExhibitA–ServiceLevelAgreementv1.0 –PublicSafetyAgenciesPage2of 11
Town CouncilPage 86 of 201Meeting Date: October 11, 2016
DC-DTS
ENTONOUNTYEPARTMENTOFECHNOLOGYERVICES
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EA
UBLIC AFETY GENCIES
XHIBIT
TableofContents
1.Service Overview4
...............................................................................................................................................................................
2.Service Description4
............................................................................................................................................................................
2.1Assumptions4
..................................................................................................................................................................................
2.2Supported Applications4
.................................................................................................................................................................
2.3Available Services5
..........................................................................................................................................................................
3.1County Responsibility5
....................................................................................................................................................................
3.2Agency Responsibility6
....................................................................................................................................................................
4.Service Support7
..................................................................................................................................................................................
4.1Requesting Service7
.........................................................................................................................................................................
4.2Hours of Coverage7
.........................................................................................................................................................................
4.3Incident and Request Response and Prioritization7
.......................................................................................................................
Resolution7
4.4
......................................................................................................................................................................................
Service Escalation7
4.5
..........................................................................................................................................................................
Priority Levels8
4.6
................................................................................................................................................................................
Priority level Determination9
4.7
..........................................................................................................................................................
Service Level Measurements9
4.8
.........................................................................................................................................................
Scheduled Maintenance9
4.9
................................................................................................................................................................
Unscheduled Maintenance9
4.10
............................................................................................................................................................
5.Customer Service Survey10
.................................................................................................................................................................
ExhibitA–ServiceLevelAgreementv1.0 –PublicSafetyAgenciesPage3of 11
Town CouncilPage 87 of 201Meeting Date: October 11, 2016
DC-DTS
ENTONOUNTYEPARTMENTOFECHNOLOGYERVICES
SERVICELEVELAGREEMENT–PSA
EA
UBLIC AFETY GENCIES
XHIBIT
1.Service Overview
This is a Service Level Agreement (“SLA”) between the Agency and the Denton County Department of
Technology Services (“DTS”) to document:
the technical services provided to the Agency;
the general levels of response, availability, and maintenance associated with these services;
the responsibilities of DTS as a provider of these services and of Agency users receiving services; and
processes for requesting services.
2.Service Description
2.1
Assumptions
An “Incident” is defined as any interruption in the normal functioning of a supported service or
system. Incidents that cannot be legitimately resolved within the timeframe of this SLA or that
do not have an available workaround, will become part of a Problem Management process.
A “Request” is defined as any new service, a change to an existing service, or removal of an
existing service.
An “Inquiry” is defined as a request for information.
Services will be provided in adherence to any related policies, processes and procedures.
2.2
Supported Applications
The following software applications will be supported:
SunGard MCT/MFR
ONESolution RMS
OpCenter
Police2Police, Police2Citizen
Any additional SunGard applications purchased under the Denton County contract and made
available to other agencies.
FIREHOUSE Software
ExhibitA–ServiceLevelAgreementv1.0 –PublicSafetyAgenciesPage4of 11
Town CouncilPage 88 of 201Meeting Date: October 11, 2016
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2.3
Available Services
Basic Support Services: Agencies that choose the Basic Support option will be provided the following
services:
Client support services will be provided through the software vendor.
Remote access to county hosted systems for supported applications.
Passwordresetsduringnormalbusinesshours.
Software update notifications for supported applications.
Maintenance and support of Site-to-Site connections for County owned equipment only.
ParticipationintheDentonCountyLawEnforcementPortal(p2c.dentoncounty.com).
Access to the OpCenter web site.
Enhanced Support Services: Agencies that choose the Enhanced Support option will be provided the
followingservices:
All services provided under Basic Support Services.
Access to Help Desk after-hours support for critical business issues.
Software update assistance for supported applications.
Maintenance and support of the Site-to-Site connection for both County and Agency
equipment.
Access to Training classes for the supported applications provided by DTS as well as other DTS
training services.
ervices: Agencies may negotiate additional services specific to their own agency.
Additional S
Additional agency specific services are included on the first page of this SLA in the “Additional Agency
Specific Services” section.
3.Roles and Responsibilities
3.1
County Responsibility
County responsibilities and/or requirements in support of this Agreement include:
Making best efforts to resolve problems (or find workarounds) within the expected completion
times based on the priority for all incidents and requests. Completion times depend on a
tors including complexity, the availability of the user, access to external resources
number of fac
ixes, and the existence of a solution.
such as software f
Providingassistancewithbasicinstallationofsoftwarerelatingtothelistedapplications.
Acting as the liaison with vendors or external resources for supported services.
Maintaining and updating all county owned software and hardware required to provide Services
for the Supported Applications.
Generating annual reports on service level performance.
Notifying agencies of all scheduled and unscheduled maintenance via e-mail notifications from
the DTS Help Desk.
The County is responsible for the costs and maintenance of all County computer equipment,
network equipment, and software.
Ensuring the security of the County computer systems and network.
ExhibitA–ServiceLevelAgreementv1.0 –PublicSafetyAgenciesPage5of 11
Town CouncilPage 89 of 201Meeting Date: October 11, 2016
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Preventing unauthorized access to Agency information.
Maintaining regular backups of files and data stored on county owned equipment.
3.2
Agency Responsibility
Agency responsibilities and/or requirements in support of this Agreement include:
Payment of all maintenance fees on software currently in use by the Agency.
Payment of all support services selected by the Agency.
Notifying the County of personnel changes in a timely manner.
Making best effort for availability of user(s) when resolving a service related incident or request.
Submitting requests for service to the Denton County Help Desk.
Communicating plans, changes of needs, and problems to the County in a timely manner.
Except as otherwise specifically provided by this SLA, the Agency is responsible for the costs and
maintenance of all Agency computer equipment, network equipment, and software.
Ensuring all Agency owned systems meet minimum requirements for the Supported
Applications.
Ensuring the security of the Agency computer systems and network.
Preventing unauthorized access to County information.
Maintaining regular backups of files and data stored on agency owned equipment.
Designating an “Information Technology (IT) Coordinator” to ensure that these responsibilities
utandtoserveastheprimarycontactpersonbetweentheagencyandDTS.For
are carried o
Agencies who use the SunGard RMS and/or have a Site-to-Site connection, the IT Coordinator
will also be responsible for resetting user passwords for their agency utilizing the SMS
application. Because agencies have different needs, IT resources, and levels of internal
expertise, the needs and resources of a given agency may not require the IT Coordinator to have
an extensive technical background.
ExhibitA–ServiceLevelAgreementv1.0 –PublicSafetyAgenciesPage6of 11
Town CouncilPage 90 of 201Meeting Date: October 11, 2016
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4.Service Support
4.1
Requesting Service
Contact the Denton County Help Desk by one of the options below. In order to ensure the
fastest possible service, please do not send requests to a specific County employee. Except for
emergencies, drop-ins should be scheduled through the Help Desk.
Phone – Call 940-349-HELP (4357)
Phone service is available during normal hours of operation. Messages left outside of normal
hours will be processed the next business day. An on-call technician will be available outside of
normal hours for emergency calls only.
Email - Helpdesk@dentoncounty.com
E-mail requests will be processed during regular business hours. Email requests can be sent 24
hours a day, 7 days a week.
Information Technology (IT) Coordinator
Please contact your IT Coordinator for services not listed.
4.2
Hours of Coverage
Service is available during standard operating hours of 8:00am – 5:00pm Monday – Friday, except on
County holidays.
4.3
Incident and Request Response and Prioritization
Incoming Service Requests will fall into priority levels of ‘Critical’, ‘Urgent’, ‘High’, ‘Medium’,
‘Normal’ and ‘Low’. These levels will be identified by type (incident, request for service or
inquiry), urgency and impact of the Service Request. If the incident cannot be resolved during
the initial call, a DTS technician will be contacted to further research the issue. For responses to
Service Requests, the goal for DTS is to respond in a timely manner.
4.4
Resolution
DTS will use reasonable efforts to resolve Service Requests that are within the control of DTS
responsibilities. Circumstances beyond DTS control (waiting for parts, response from user, or
third party involvement) will constitute a temporary suspension of the SLA clock until
appropriate response, replacement parts or services have been received.
4.5
Service Escalation
If you are not satisfied with the level of service on a request, contact your IT Coordinator or the
anager of DTS. They will respond to you with the action taken or to develop
Technical Services M
a solution that meets your needs.
ExhibitA–ServiceLevelAgreementv1.0 –PublicSafetyAgenciesPage7of 11
Town CouncilPage 91 of 201Meeting Date: October 11, 2016
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4.6
Priority Levels
DTS provides service based on the following Priority Levels.
Priority Level Characteristics
PriorityLevel ExpectedCompletionTime Description
Incident Levels (Standard Business Hours 8am – 5pm, Monday through Friday)
Critical 8hours
Anincident where systems are down or seriously
80% of the time.
impacted and/or products/services are unavailable.
(Continued repair until
operational)
Normally a global issue or a large number of Agency
users are being affected.
There is no acceptable workaround to the problem (i.e.,
the job cannot be performed in any other way).
The commitment of incident management resources is
critical.
1 business day
Urgent
Issues affecting a large number of users
80% of the time.
Requests that require immediate attention
High 2business days
The issue causes any Agencyuser to be unable to work
80% of the time.
or perform some significant portion of their job.
Incidents where systems are degraded/unreliable;
performance and/or legal agreements are at risk.
There is an acceptable and implemented workaround to
the problem (i.e., the job can be performed in some
other way).
The commitment of incident management resources is
high.
3business days
Medium
An incident whereperformance and/or legal agreements
80% of the time.
may be degraded. The actual and potential business
impact is low in terms of the user. (a few or less users are
affected)
The issue causes a Agencyusertobeunabletoperform
some small portion of their job, but they are still able to
complete most other tasks. May also include questions
and requests forinformation.
ExhibitA–ServiceLevelAgreementv1.0 –PublicSafetyAgenciesPage8of 11
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A temporary workaround, alternative, or circumvention
is available.
Thereisnocommitmentofincidentmanagement
resources outside of business as usual.
Normal 5business days
An incidentwhere performance and/or legal agreements
80% of the time.
are not at risk. The actual and potential business impact
is minimal in terms of the user.
Low 10 days
The customer has requested a new service or
80% of the time.
information pertaining to a feature, system or service.
4.7
Priority level Determination
Priority levels will be automatically determined by:
Service Request Type (incident, request for service or inquiry).
Impact (Single user, 2 -9 users or 10 or more users).
Urgency (High – User(s) is unable to work, Medium – User’s work is impacted, Low – A
workaround can be implemented or a user’s ability to work is not greatly impacted.)
Priority Levels (Incidents)
Single User 2 – 9 users 10+ Users
High High High Urgent
Medium Medium High High
Low Normal Medium Medium
4.8
ServiceLevelMeasurements
Service levels will be measured based on the overall service level targets for each agency
broken out by Priority Levels (Critical, Urgent, High, Medium, Normal, Low). These targets are
ach priority’s expected completion times. Service level reports will be run on a
based on e
yearly basis and reviewed by DTS and Agencies at that time. The minimum number of total
Service Requests required to meet the SLA percentage for a given Priority Level will be 12 or
more. If an agency has less than 12 SR’s in any given priority level then the overall weighted
percentage will apply to that priority.
4.9
Scheduled Maintenance
DTS plans scheduled maintenance windows each week (usually on Thursday evenings, starting
at 7 p.m. until 7a.m., the next day) to maintain and increase the security, availability, and
performance of the network and supported applications. DTS works to minimize or avoid any
disruption to public safety agencies during the maintenance windows. Agencies will be notified
are of an anticipated interruption to public safety systems. A notification reminder
if we are aw
will be sent out the morning of the scheduled maintenance day with information about the
maintenance being performed.
4.10
Unscheduled Maintenance
ExhibitA–ServiceLevelAgreementv1.0 –PublicSafetyAgenciesPage9of 11
Town CouncilPage 93 of 201Meeting Date: October 11, 2016
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Occasionally DTS may be required to interrupt services to Agency users due to unpredictable
quirements that had not been previously planned but require prompt attention
maintenance re
and must have action taken to allow for system restoration and protection of county resources.
When possible, email notification will be sent 24 hours, or more, prior to maintenance
specifying the work to be performed.
5.Customer Service Survey
5.1
Survey Form
Upon closure of a Service Request, Agency employees will receive a link to the Customer
vey. These surveys are important in gauging work quality within DTS and help
Satisfaction Sur
improve customer service.
5.2
Customer Satisfaction Survey Ratings – Detailed Definitions
Technician went beyond what was required
Quality of work is exceptional; performance far exceeds the needed requirement to fulfill the
request.
Quick to respond. Receptive to needs and was able to understand the request with informative
questioning.
The resolution was much faster than expected.
Communication was frequent throughout the entire process and updates during the progress
and upon finding a solution were completely understandable.
Actions weretaken quickly and an optimal solution was found.
Technician showed an ability to quickly understand the request and utilized their skills to the
fullest.
Technician went out of their way in providing support.
Excellent
Quality of work is excellent and an extra effort was taken in fulfilling the request.
Quick response in initial contact. Receptive and willing to help.
The resolution was faster than expected.
Technician made sure to communicate status as well as inform user of solution.
Technician went out of their way to properly resolve the issue.
Technician came up with a solution to allow minimal interruption to the user.
Technician took a completeinterest in helping.
Satisfied
Quality of work is acceptable.
Initial contact was cordial and responsive to my needs.
Has demonstrated the ability to handle the Service Request within an appropriate timeframe.
Communicated the status as well as resolution.
Solution met the requirement needed to resolve the issue.
Performed the task with the proper technical skills and expertise.
Technician was thorough in taking care of the Service Request.
Needs Improvement
Quality of work is poor.
Exhibit A –ServiceLevel Agreementv1.0–PublicSafetyAgenciesPage10of 11
Town CouncilPage 94 of 201Meeting Date: October 11, 2016
Access to help was time consuming.
Technician did not demonstrate the ability to handle issue within an appropriate timeframe.
Poor communication. Issues were not explained or understood.
Questionable resolution.
Technician seemed unconfident with ability.
Lack of interest, only helpful enough to get the task completed.
Dissatisfied
Failed to meet expectations.
Little or no response to requests.
Issue persists.
Little or no communication during work being done.
No progress was made in response to corrective action.
There is a definite lack of ability and/or willingness.
Technician was rude.
Not Applicable
Question being asked does not pertain to the request
Exhibit A Town – Council ServiceLevel Agreementv1.0 – PublicSafety Page Agencies 95 of 201Meeting Date: October 11, 2016
Page11of 11
EXHIBIT B
FY 2017 Cost Schedule for Maintenance and Optional Enhanced Support
Trophy Club Police Department
ApplicationMaint AmtQtyTotal
$120.5610$1,206.00
OSSI MCT Client for Digital Dispatch
$24.3010$243.00
OSSI Mobile Client Maps
$18.176$109.00
OSSI Client AVL Mobile License
$24.3010$243.00
OSSI - MFR Client - Racial Profiling
$120.5610$1,206.00
OSSI - MFR Client- Base Incident/Offense
$48.2210$482.00
OSSI Mobile Arrest Module
$27.816$167.00
OSSI Accident Wizard Workstation License Client
$80.318$642.00
OSSI - MFR Client Citation
$80.316$482.00
OSSI - MFR Client - Accident Reporting
$1,184.781$1,185.00
OSSI Client Base Records Management System
$1,793.341$1,793.00
Upgrade to Site License
$324.601$325.00
OSSI - Link Analysis Module
OSSI RMS Map Display and Pin Mapping License - Site
$185.481$185.00
License
$51.011$51.00
OSSI Multi-Jurisdictional RMS Option
$208.671$209.00
OSSI Notification Module
$46.371$46.00
OSSI Racial Profiling Module-Site
$139.111$139.00
OSSI Sex Offender Module
$115.931$116.00
OSSI Crime Analysis Module - Site License
$507.071$507.00
OSSI Base Mobile Server Software Client
$365.171$365.00
OSSI AVL Server Host License
$22.511$23.00
OSSI Residential Security Watch Module
$375.141$375.00
OSSI Review Module for Field Reporting
$208.671$209.00
OSSI's Integrated Messaging Switch Software
$ 10,308.00
Total Maintenance Fees to be reimbursed to County
$4,123.00
Optional Enhanced Support Fees
$ 14,431.00
Total Maintenance + Optional Enhanced Support
Town CouncilPage 96 of 201Meeting Date: October 11, 2016
Page 1 of 1
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-602-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:10/5/2016 In control:Town Council
On agenda:10/11/2016 Final action:
Title:Consider and take appropriate action regarding an Interlocal Cooperation Agreement between the
Town and Denton County for Public Safety Application Support and Maintenance for the Fire
Department; and authorizing the Mayor or his designee to execute all necessary documents (Staff).
Attachments:Staff Report - Public Safety Application Support & Maintenance ILA for FD.pdf
FY2017 Public Safety ILA - Trophy Club FD.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardinganInterlocalCooperationAgreementbetweentheTownandDenton
CountyforPublicSafetyApplicationSupportandMaintenancefortheFireDepartment;andauthorizingtheMayororhis
designee to execute all necessary documents (Staff).
Agenda Item No. 8
Town CouncilPage 97 of 201Meeting Date: October 11, 2016
To: Mayor and Town Council
From:Patrick Arata, Acting Town Manager
CC: Steven Glickman, Assistant Town Manager/CFO
Holly Fimbres, Town Secretary/RMO
Re: Public Safety Application Support and Maintenance for the Fire Department
Town Council Meeting, October 11, 2016
Agenda Item:
Consider and take appropriate action regarding an Interlocal Cooperation Agreement between
the Town and Denton County for Public Safety Application Support and Maintenance for the
Fire Department; and authorizing the Mayor or his designee to execute all necessary
documents (Staff).
Explanation:
This Interlocal Agreement is for Fiscal Year 2017 Application Support and Maintenance
(CAD/RMS software) for the Fire Department.
Attachments:
FY2017 Public Safety ILA for Application Support & Maintenance – Trophy Club FD
Recommendation:
Staff recommends Council approve the Interlocal Agreement for Public Safety Application
Support and Maintenance(CAD/RMS software) with Denton County.
Budget impact:
There is a budget impact of $525.79 for the Fire Department.
Page 1 of 1
Town CouncilPage 98 of 201Meeting Date: October 11, 2016
STATE OF TEXAS §
§
COUNTY OF DENTON §
INTERLOCAL COOPERATIONAGREEMENT
FORPUBLIC SAFETY APPLICATION SUPPORT AND
MAINTENANCE
ThisInterlocal Cooperation Agreement for Public Safety Application Support and
Maintenance, hereinafter referred to as “Agreement”, is madebyand between Denton County, a
political subdivision of the State ofTexas, hereinafter referred to as the “County”, and
Name of Agency:
hereinafterreferred toas “Agency”.
WHEREAS, County is a duly organized political subdivision of the State of Texas engaged
in the administration of county government and related servicesfor the benefit of the citizens of
Denton County, Texas; and
WHEREAS, Agency is duly organized and operating under the laws of the State of Texas
engaged inthe provision of municipal government and/or related services for the benefit of the
citizens of Agency;and
WHEREAS,CountyandAgency agree that the utilization of combined supportand
maintenance of publicsafety systems will be in thebest interests of both County andAgency,
WHEREAS,Countyand Agencydesiretomaximizethe value in the utilized public safety
applications to improve public safety and law enforcement throughout DentonCounty,
WHEREAS, County and Agency mutually desire to be subject to the provisions of the
InterlocalCooperation Act of the V.T.C.A. Government Code, Chapter 791; and
NOW THEREFORE, Countyand Agency, forthe mutual consideration hereinafter stated,
agree and understand as follows:
1.PURPOSE. The Denton County Department of Technology Services has the
resources toprovide publicsafety application support servicethroughout Denton County.
Agency wishesto utilize County’savailable public safety application support services
(“Services”) duringtheterm of thisagreement.
2.TERM OF AGREEMENT.The termof this Agreement shall be for a one year period
beginning October 1, 20and ending on September 30, 201. Agency mayselectthe desired level
ofsupport (either Basic or Enhanced) for each termof Agreement.
3.TERMINATIONOF AGREEMENT.Either partymay terminate this agreement,
with or without cause, after providing sixty(60) days written notice to the other party.
201-1
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Town CouncilPage 99 of 201Meeting Date: October 11, 2016
4.BASICSUPPORT. Each Agency that participates in the Denton CountyShared
GovernanceCommunications & Dispatch Services System shall be eligible to receive basic
support (asdefinedin Exhibit “A” – Service Level Agreement) from County at no additional cost.
5.ENHANCED SUPPORT. Each Agency that participates in the Denton County
Shared Governance Communications & Dispatch Services System shall be eligible to select
optional enhanced support (asdefined inExhibit“A”– Service Level Agreement) from County.
5.1If thisAgreement is terminated prior to the expiration of the term of
Agreement, County shall send a pro-rated refund of the optional enhanced
support fees back to Agency based on the amount of time left on the
original agreement term.
5.2In the initial term of Agreement, Enhanced Support services will begin in
January 2015 and will be pro-rated for 9 months of services. In future
yearstheEnhanced Support services will begin in October. Before January
2015, participating agencieswill automatically receive Basic Support
services.
5.3.Agency shall payto County the Total Amount more fully described on
Exhibit “B”.
6.SOFTWARE LICENSES AND MAINTENANCE. “Software” shall be definedas
supported applications as described in Exhibit “A” – Service Level Agreement. Each Agency that
participates in the Denton County Shared Governance Communications & Dispatch Services
System shall be responsible for its own Software licenses and maintenance.
6.1.Agency isresponsible for purchasing any new Software licenses required
by Agency.
6.2.Agency is responsible for payment of all maintenance fees on Software
currently in usebyAgency. Payment may be made either directly tothe
software manufacturer or as a reimbursement to County for maintenance
paid on Agency’s behalf. Maintenance fees that are paid by County on
behalf of Agency are described in Exhibit “B”. County will work with
Agency and software manufacturerto transfer Agency specific
maintenance coststobill directlyto Agency (instead of billing to County
and requiringreimbursement from Agency).
6.3 If this Agreementis terminated prior to the expiration of the term of
Agreement, maintenance feesalreadypaid to the software manufacturer
are not eligible for refund.
7.COUNTYSERVICES AND RESPONSIBILITIES. County agrees to provide the
followingservicesand responsibilities:
7.1Countyshall provide either Basic Support Services or Enhanced Support
Services as more fully described on Exhibit “A” based on Agency’s selection.
7.2If applicable, County shall provide any mutually agreed Additional Agency
Specific Servicesasmore fully described on Exhibit “A”.
7.3Countyshallhavethesole discretionas to the method of providingthe
Services and shall be the sole judge as to the most expeditious and effective manner of handling
and responding to service requests. County will devote sufficient time to insure the performance
of all dutiesand obligations set forth herein.
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8.AGENCYRESPONSIBILITIES. Agency agrees to the following responsibilities:
8.1Furnish County with a current list of key contacts including an IT
coordinator contact on page 1 of Exhibit “A”.
8.2Except as otherwise specifically provided by County Services and
Responsibilities (in section 7 above), Agency is responsible for the costs
and upgrades associated with maintaining all Agency computer
equipment, network equipment, and software.
8.3Agency agrees to abide by all laws of the United States and the State of
Texas and all present or hereafter approved rules,policies and procedures
of TLETS, NLETS, TCIC, NCIC and any othersystem now or inthe future
associatedwith TLETS concerning the collection, storage, processing,
retrieval, dissemination andexchange of information for criminal justice
purposes.
8.4Agency shall select the desired level of support (either Basic or Enhanced)
on the signature page to thisAgreement.
8.5Agency is responsible for sending payments to County (Denton County
Auditor, Attn: Public Safety Application Support & Maintenance,401 W.
Hickory St, Ste 423, Denton, TX 76201) as more fullydescribedin Exhibit
“B”to thisAgreementwithin 30 calendar days of approval of Agreement.
9.AGREEMENT. The parties acknowledge they have read and understand and
intend to be bound by the terms andconditions of this Agreement.This Agreement containsthe
entire understandingbetween thepartiesconcerning the subject matter hereof. No prior
understandings, whetherverbal or written, between the parties or their agentsareenforceable
unless included in writingin this agreement. This Agreement may be amended only by written
instrument signedby both parties.
10.AGREEMENTLIASONS. Eachpartyto this agreement shall designate a Liaison to
insure the performance of all dutiesand obligations of theparties. The Liaison for each party
shalldevote sufficient timeand attentionto the execution of said duties on behalf of theParty to
ensure fullcompliance with the terms and conditions of thisAgreement.
11.ASSIGNMENT.Neitherparty shall assign, transfer, or sub-contract any of its rights,
burdens, duties,orobligationsunderthis Agreement without the priorwritten permission of the
other partytothis Agreement.
12.AGENCYLIABILITY.Agencyunderstands andagrees that Agency, its employees,
servants, agents, and representatives shall at notimerepresent themselves to be employees,
servants, agents, or representatives of County. Agency shall not be required to indemnify nor
defendCounty for any liability arising out of the wrongful acts of employees or agents of County
tothe extent allowed by Texas law.
13.COUNTYLIABILITY. County understandsand agrees that County, its employees,
servants, agents, and representatives shall at no time represent themselves to be employees,
servants, agents, or representatives of Agency.County shall not be required to indemnify nor
defendAgencyfor any liability arising out of the wrongful acts of employees or agents of Agency
tothe extent allowed by Texas law.
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14.DISPUTES/RECOURSE.County and Agencyagree that any disputesor
disagreementsthat may arise which are not resolved at the staff level by the parties should be
referredtothe Appointed Liaisons for each entity. Any furtherdisputesarising from thefailure
of either Agency or Countytoperform shall be submitted to mediation, with the parties splitting
themediationfees equally. It is further agreed and understood that the scope of matters to be
submitted todispute mediation as referenced above is limitedto disputesconcerningsufficiency
of performance and duty to pay or entitlement,ifany,to anyreduced fee or compensation. Any
other disputes or conflicts involving damages or claimed remedies outside the scope of
sufficiency of performanceand compensation adjustment shall be referred to a court of
competent jurisdiction in Denton County, Texas.
15.EXHIBITS. Attached hereto, and referred to elsewhere in this Agreementare the
followingExhibits, which are hereby incorporated byreference.
Exhibit A ServiceLevel Agreementv1.0
Exhibit B CostSchedule for Maintenance and EnhancedSupport
16.MULTIPLE ORIGINALS. It is understoodandagreed thatthis Agreementmaybe
executed in a number of identical counterparts, each of which shall be deemed an original for
all purposes.
17.NOTICES. Allnotices,demands or otherwritings maybe delivered by eitherparty
by U.S. First Class Mail or by other reliable courier to the partiesat the following addresses:
County:
1 Denton County Judge
Denton County Commissioners Court
110 West Hickory, Room #207
Denton,Texas 76201
2 Chief InformationOfficer(CIO)
Denton County Technology Services
701 KimberlyDrive,Suite 285
Denton,Texas 76208
3 Assistant District Attorney
Denton County Criminal District Attorney’s Office
1450 E.McKinney Street, 3Floor
rd
PO Box 2344
Denton,Texas 76202
Name of Agency:
Contact Person
Address
City, State, Zip
Telephone
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18.SEVERABILITY.The validity of this Agreement and any of its terms or provisions,
as well as the rights and duties of the partieshereto, shall be governed by the laws of the State of
Texas. Further, thisAgreement shall be performed and all compensation payablein Denton
County, Texas. In the event that any portion of this Agreement shall be found to be contraryto
law, itis the intent of the parties hereto that the remaining portions shall remain valid and in
full force and effect to the extent possible.
19.THIRD PARTY. This Agreement is made for the express purpose of providing
public safety applicationsupport andmaintenance services, which both parties recognize to be
a governmental function. Except as provided in thisAgreement, neither party assumes any
liability beyond that provided by law. This Agreement is not intended to create any liability for
thebenefit of third parties.
20.VENUE. This agreement will be governed and construed according to the laws of
theState of Texas.Thisagreementshall be performed in Denton County, Texas.
21.WAIVER.The failure of County or Agency to insist upon the performance of any
term or provision of this Agreement or to exercise or enforce any right herein conferred, or the
waiver of a breach of any provision of this Agreement by either party,shall not be construed as
a waiver or relinquishment to any extent of eitherparty’s rightto assert or rely upon any such
term or right, or future breach of such provision, on any future occasion.
22.AUTHORIZEDOFFICIALS.Eachparty has the full power and authority to enter
into and performthis Agreement. Thepersons executing this Agreement represent they have
been properly authorized to sign on behalf of their governmental entity.
23.CURRENT FUNDS. All payments made by Agency to County pursuant to this
Agreement shall be from current revenues availabletoAgency.
201-1
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DENTON COUNTY, TEXAS AGENCY
Please select the desired support level:
\[ \] Basic Support
-or-
\[ \] Enhanced Support
Mary Horn, County Judge
Signature
DentonCountyCommissionersCourt
110 West Hickory, Room #207
Denton, Texas 76201
(940)349-2820
EXECUTED duplicate originals on this EXECUTEDduplicate originals on this
Date: Date:
Approved as to form:Approved as to form:
AssistantDistrictAttorneyAttorneyforAgency
Denton County Criminal District
Attorney’s Office
201-1
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Page 6of 6
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DC-DTS
ENTONOUNTYEPARTMENTOFECHNOLOGYERVICES
SERVICELEVELAGREEMENT–PSA
EA
UBLIC AFETY GENCIES
XHIBIT
Version
VersionDateRevision / Description
1.010/1/2014InitialVersion
Nameof “Agency”
Agency Locations
Agency Contacts
TitleNameEmailPhone
AgreementLiason
AgreementLiason
ITCoordinator
ITCoordinator
AdditionalAgencySpecificServices
ExhibitA–ServiceLevelAgreementv1.0 –PublicSafetyAgenciesPage1of 11
Town CouncilPage 105 of 201Meeting Date: October 11, 2016
DC-DTS
ENTONOUNTYEPARTMENTOFECHNOLOGYERVICES
SERVICELEVELAGREEMENT–PSA
EA
UBLIC AFETY GENCIES
XHIBIT
County Contacts
TitleNameEmailPhone
AgreementLiason&IsaacWhiteIsaac.White@dentoncounty.com940-349-4357
ApplicationSupportManager
ApplicationSupportAdministratorCathyStanleyCathy.Stanley@dentoncounty.com940-349-4357
ChiefInformationOfficerKevinCarrKevin.Carr@dentoncounty.com940-349-4500
DeputyChiefInformationOfficerBrianKingBrian.King@dentoncounty.com940-349-4500
DesktopOperationsManagerShawnBuchananShawn.Buchanan@dentoncounty.com940-349-4357
ServerOperationsManagerRayRoseRay.Rose@dentoncounty.com940-349-4357
NetworkOperationsManagerDonClickDon.Click@dentoncounty.com940-349-4357
HELPDESKHelpDesk@dentoncounty.com940-349-4357
ExhibitA–ServiceLevelAgreementv1.0 –PublicSafetyAgenciesPage2of 11
Town CouncilPage 106 of 201Meeting Date: October 11, 2016
DC-DTS
ENTONOUNTYEPARTMENTOFECHNOLOGYERVICES
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UBLIC AFETY GENCIES
XHIBIT
TableofContents
1.Service Overview4
...............................................................................................................................................................................
2.Service Description4
............................................................................................................................................................................
2.1Assumptions4
..................................................................................................................................................................................
2.2Supported Applications4
.................................................................................................................................................................
2.3Available Services5
..........................................................................................................................................................................
3.1County Responsibility5
....................................................................................................................................................................
3.2Agency Responsibility6
....................................................................................................................................................................
4.Service Support7
..................................................................................................................................................................................
4.1Requesting Service7
.........................................................................................................................................................................
4.2Hours of Coverage7
.........................................................................................................................................................................
4.3Incident and Request Response and Prioritization7
.......................................................................................................................
Resolution7
4.4
......................................................................................................................................................................................
Service Escalation7
4.5
..........................................................................................................................................................................
Priority Levels8
4.6
................................................................................................................................................................................
Priority level Determination9
4.7
..........................................................................................................................................................
Service Level Measurements9
4.8
.........................................................................................................................................................
Scheduled Maintenance9
4.9
................................................................................................................................................................
Unscheduled Maintenance9
4.10
............................................................................................................................................................
5.Customer Service Survey10
.................................................................................................................................................................
ExhibitA–ServiceLevelAgreementv1.0 –PublicSafetyAgenciesPage3of 11
Town CouncilPage 107 of 201Meeting Date: October 11, 2016
DC-DTS
ENTONOUNTYEPARTMENTOFECHNOLOGYERVICES
SERVICELEVELAGREEMENT–PSA
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UBLIC AFETY GENCIES
XHIBIT
1.Service Overview
This is a Service Level Agreement (“SLA”) between the Agency and the Denton County Department of
Technology Services (“DTS”) to document:
the technical services provided to the Agency;
the general levels of response, availability, and maintenance associated with these services;
the responsibilities of DTS as a provider of these services and of Agency users receiving services; and
processes for requesting services.
2.Service Description
2.1
Assumptions
An “Incident” is defined as any interruption in the normal functioning of a supported service or
system. Incidents that cannot be legitimately resolved within the timeframe of this SLA or that
do not have an available workaround, will become part of a Problem Management process.
A “Request” is defined as any new service, a change to an existing service, or removal of an
existing service.
An “Inquiry” is defined as a request for information.
Services will be provided in adherence to any related policies, processes and procedures.
2.2
Supported Applications
The following software applications will be supported:
SunGard MCT/MFR
ONESolution RMS
OpCenter
Police2Police, Police2Citizen
Any additional SunGard applications purchased under the Denton County contract and made
available to other agencies.
FIREHOUSE Software
ExhibitA–ServiceLevelAgreementv1.0 –PublicSafetyAgenciesPage4of 11
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2.3
Available Services
Basic Support Services: Agencies that choose the Basic Support option will be provided the following
services:
Client support services will be provided through the software vendor.
Remote access to county hosted systems for supported applications.
Passwordresetsduringnormalbusinesshours.
Software update notifications for supported applications.
Maintenance and support of Site-to-Site connections for County owned equipment only.
ParticipationintheDentonCountyLawEnforcementPortal(p2c.dentoncounty.com).
Access to the OpCenter web site.
Enhanced Support Services: Agencies that choose the Enhanced Support option will be provided the
followingservices:
All services provided under Basic Support Services.
Access to Help Desk after-hours support for critical business issues.
Software update assistance for supported applications.
Maintenance and support of the Site-to-Site connection for both County and Agency
equipment.
Access to Training classes for the supported applications provided by DTS as well as other DTS
training services.
ervices: Agencies may negotiate additional services specific to their own agency.
Additional S
Additional agency specific services are included on the first page of this SLA in the “Additional Agency
Specific Services” section.
3.Roles and Responsibilities
3.1
County Responsibility
County responsibilities and/or requirements in support of this Agreement include:
Making best efforts to resolve problems (or find workarounds) within the expected completion
times based on the priority for all incidents and requests. Completion times depend on a
tors including complexity, the availability of the user, access to external resources
number of fac
ixes, and the existence of a solution.
such as software f
Providingassistancewithbasicinstallationofsoftwarerelatingtothelistedapplications.
Acting as the liaison with vendors or external resources for supported services.
Maintaining and updating all county owned software and hardware required to provide Services
for the Supported Applications.
Generating annual reports on service level performance.
Notifying agencies of all scheduled and unscheduled maintenance via e-mail notifications from
the DTS Help Desk.
The County is responsible for the costs and maintenance of all County computer equipment,
network equipment, and software.
Ensuring the security of the County computer systems and network.
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Preventing unauthorized access to Agency information.
Maintaining regular backups of files and data stored on county owned equipment.
3.2
Agency Responsibility
Agency responsibilities and/or requirements in support of this Agreement include:
Payment of all maintenance fees on software currently in use by the Agency.
Payment of all support services selected by the Agency.
Notifying the County of personnel changes in a timely manner.
Making best effort for availability of user(s) when resolving a service related incident or request.
Submitting requests for service to the Denton County Help Desk.
Communicating plans, changes of needs, and problems to the County in a timely manner.
Except as otherwise specifically provided by this SLA, the Agency is responsible for the costs and
maintenance of all Agency computer equipment, network equipment, and software.
Ensuring all Agency owned systems meet minimum requirements for the Supported
Applications.
Ensuring the security of the Agency computer systems and network.
Preventing unauthorized access to County information.
Maintaining regular backups of files and data stored on agency owned equipment.
Designating an “Information Technology (IT) Coordinator” to ensure that these responsibilities
utandtoserveastheprimarycontactpersonbetweentheagencyandDTS.For
are carried o
Agencies who use the SunGard RMS and/or have a Site-to-Site connection, the IT Coordinator
will also be responsible for resetting user passwords for their agency utilizing the SMS
application. Because agencies have different needs, IT resources, and levels of internal
expertise, the needs and resources of a given agency may not require the IT Coordinator to have
an extensive technical background.
ExhibitA–ServiceLevelAgreementv1.0 –PublicSafetyAgenciesPage6of 11
Town CouncilPage 110 of 201Meeting Date: October 11, 2016
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4.Service Support
4.1
Requesting Service
Contact the Denton County Help Desk by one of the options below. In order to ensure the
fastest possible service, please do not send requests to a specific County employee. Except for
emergencies, drop-ins should be scheduled through the Help Desk.
Phone – Call 940-349-HELP (4357)
Phone service is available during normal hours of operation. Messages left outside of normal
hours will be processed the next business day. An on-call technician will be available outside of
normal hours for emergency calls only.
Email - Helpdesk@dentoncounty.com
E-mail requests will be processed during regular business hours. Email requests can be sent 24
hours a day, 7 days a week.
Information Technology (IT) Coordinator
Please contact your IT Coordinator for services not listed.
4.2
Hours of Coverage
Service is available during standard operating hours of 8:00am – 5:00pm Monday – Friday, except on
County holidays.
4.3
Incident and Request Response and Prioritization
Incoming Service Requests will fall into priority levels of ‘Critical’, ‘Urgent’, ‘High’, ‘Medium’,
‘Normal’ and ‘Low’. These levels will be identified by type (incident, request for service or
inquiry), urgency and impact of the Service Request. If the incident cannot be resolved during
the initial call, a DTS technician will be contacted to further research the issue. For responses to
Service Requests, the goal for DTS is to respond in a timely manner.
4.4
Resolution
DTS will use reasonable efforts to resolve Service Requests that are within the control of DTS
responsibilities. Circumstances beyond DTS control (waiting for parts, response from user, or
third party involvement) will constitute a temporary suspension of the SLA clock until
appropriate response, replacement parts or services have been received.
4.5
Service Escalation
If you are not satisfied with the level of service on a request, contact your IT Coordinator or the
anager of DTS. They will respond to you with the action taken or to develop
Technical Services M
a solution that meets your needs.
ExhibitA–ServiceLevelAgreementv1.0 –PublicSafetyAgenciesPage7of 11
Town CouncilPage 111 of 201Meeting Date: October 11, 2016
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4.6
Priority Levels
DTS provides service based on the following Priority Levels.
Priority Level Characteristics
PriorityLevel ExpectedCompletionTime Description
Incident Levels (Standard Business Hours 8am – 5pm, Monday through Friday)
Critical 8hours
Anincident where systems are down or seriously
80% of the time.
impacted and/or products/services are unavailable.
(Continued repair until
operational)
Normally a global issue or a large number of Agency
users are being affected.
There is no acceptable workaround to the problem (i.e.,
the job cannot be performed in any other way).
The commitment of incident management resources is
critical.
1 business day
Urgent
Issues affecting a large number of users
80% of the time.
Requests that require immediate attention
High 2business days
The issue causes any Agencyuser to be unable to work
80% of the time.
or perform some significant portion of their job.
Incidents where systems are degraded/unreliable;
performance and/or legal agreements are at risk.
There is an acceptable and implemented workaround to
the problem (i.e., the job can be performed in some
other way).
The commitment of incident management resources is
high.
3business days
Medium
An incident whereperformance and/or legal agreements
80% of the time.
may be degraded. The actual and potential business
impact is low in terms of the user. (a few or less users are
affected)
The issue causes a Agencyusertobeunabletoperform
some small portion of their job, but they are still able to
complete most other tasks. May also include questions
and requests forinformation.
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A temporary workaround, alternative, or circumvention
is available.
Thereisnocommitmentofincidentmanagement
resources outside of business as usual.
Normal 5business days
An incidentwhere performance and/or legal agreements
80% of the time.
are not at risk. The actual and potential business impact
is minimal in terms of the user.
Low 10 days
The customer has requested a new service or
80% of the time.
information pertaining to a feature, system or service.
4.7
Priority level Determination
Priority levels will be automatically determined by:
Service Request Type (incident, request for service or inquiry).
Impact (Single user, 2 -9 users or 10 or more users).
Urgency (High – User(s) is unable to work, Medium – User’s work is impacted, Low – A
workaround can be implemented or a user’s ability to work is not greatly impacted.)
Priority Levels (Incidents)
Single User 2 – 9 users 10+ Users
High High High Urgent
Medium Medium High High
Low Normal Medium Medium
4.8
ServiceLevelMeasurements
Service levels will be measured based on the overall service level targets for each agency
broken out by Priority Levels (Critical, Urgent, High, Medium, Normal, Low). These targets are
ach priority’s expected completion times. Service level reports will be run on a
based on e
yearly basis and reviewed by DTS and Agencies at that time. The minimum number of total
Service Requests required to meet the SLA percentage for a given Priority Level will be 12 or
more. If an agency has less than 12 SR’s in any given priority level then the overall weighted
percentage will apply to that priority.
4.9
Scheduled Maintenance
DTS plans scheduled maintenance windows each week (usually on Thursday evenings, starting
at 7 p.m. until 7a.m., the next day) to maintain and increase the security, availability, and
performance of the network and supported applications. DTS works to minimize or avoid any
disruption to public safety agencies during the maintenance windows. Agencies will be notified
are of an anticipated interruption to public safety systems. A notification reminder
if we are aw
will be sent out the morning of the scheduled maintenance day with information about the
maintenance being performed.
4.10
Unscheduled Maintenance
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Occasionally DTS may be required to interrupt services to Agency users due to unpredictable
quirements that had not been previously planned but require prompt attention
maintenance re
and must have action taken to allow for system restoration and protection of county resources.
When possible, email notification will be sent 24 hours, or more, prior to maintenance
specifying the work to be performed.
5.Customer Service Survey
5.1
Survey Form
Upon closure of a Service Request, Agency employees will receive a link to the Customer
vey. These surveys are important in gauging work quality within DTS and help
Satisfaction Sur
improve customer service.
5.2
Customer Satisfaction Survey Ratings – Detailed Definitions
Technician went beyond what was required
Quality of work is exceptional; performance far exceeds the needed requirement to fulfill the
request.
Quick to respond. Receptive to needs and was able to understand the request with informative
questioning.
The resolution was much faster than expected.
Communication was frequent throughout the entire process and updates during the progress
and upon finding a solution were completely understandable.
Actions weretaken quickly and an optimal solution was found.
Technician showed an ability to quickly understand the request and utilized their skills to the
fullest.
Technician went out of their way in providing support.
Excellent
Quality of work is excellent and an extra effort was taken in fulfilling the request.
Quick response in initial contact. Receptive and willing to help.
The resolution was faster than expected.
Technician made sure to communicate status as well as inform user of solution.
Technician went out of their way to properly resolve the issue.
Technician came up with a solution to allow minimal interruption to the user.
Technician took a completeinterest in helping.
Satisfied
Quality of work is acceptable.
Initial contact was cordial and responsive to my needs.
Has demonstrated the ability to handle the Service Request within an appropriate timeframe.
Communicated the status as well as resolution.
Solution met the requirement needed to resolve the issue.
Performed the task with the proper technical skills and expertise.
Technician was thorough in taking care of the Service Request.
Needs Improvement
Quality of work is poor.
Exhibit A –ServiceLevel Agreementv1.0–PublicSafetyAgenciesPage10of 11
Town CouncilPage 114 of 201Meeting Date: October 11, 2016
Access to help was time consuming.
Technician did not demonstrate the ability to handle issue within an appropriate timeframe.
Poor communication. Issues were not explained or understood.
Questionable resolution.
Technician seemed unconfident with ability.
Lack of interest, only helpful enough to get the task completed.
Dissatisfied
Failed to meet expectations.
Little or no response to requests.
Issue persists.
Little or no communication during work being done.
No progress was made in response to corrective action.
There is a definite lack of ability and/or willingness.
Technician was rude.
Not Applicable
Question being asked does not pertain to the request
Exhibit A Town – Council ServiceLevel Agreementv1.0 – PublicSafety Page Agencies 115 of 201Meeting Date: October 11, 2016
Page11of 11
EXHIBIT B
FY 201 Cost Schedule for Maintenance and Optional Enhanced Support
Fire Department
Maint AmQtTotal
ty
Application
120.56
OSSI MCT Client for Digital Dispatch
$ 0$ -
24.30
OSSI Mobile Client Maps
$ 0$ -
18.17
OSSI Client AVL Mobile License
$ 0$ -
$ 1185.00185.00$
FH Enterprise CAD Monitor
$ 1219.45219.45$
FH Enterprise Users
$404.45
Total Maintenance Fees to be reimbursed to County
$ 121.34
Optional Enhanced Support Fees
$ 525.79
Total Maintenance + Optional Enhanced Support
Town CouncilPage 116 of 201Meeting Date: October 11, 2016
Page 1 of 1
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-590-T Version:1 Name:
Type:Agenda Item Status:Public Hearing
File created:10/4/2016 In control:Town Council
On agenda:10/11/2016 Final action:
Title:Conduct a public hearing regarding amendments to the Town of Trophy Club’s Code of Ordinances,
amending Section 14.02.052 - General Definitions, Section 14.02.103 - Use Table and Section
14.02.252 - Sale of Alcoholic Beverages in order to amend regulations regarding the sale of alcoholic
beverages in the Town. Case ADM-16-13 (Staff).
Attachments:Staff Report - Alcoholic Beverage Regulations Amendments.pdf
Exhibit A – Proposed markups to the alcoholic beverages regulations.pdf
Exhibit B – Area Municipal Survey of Current On-Premise Alcohol Regulations - July 2016.pdf
Exhibit C - Ordinance No. 2016-45 PZ Alcoholic Beverage Amendments.pdf
DateVer.Action ByActionResult
ConductapublichearingregardingamendmentstotheTownofTrophyClub’sCodeofOrdinances,amendingSection
14.02.052-GeneralDefinitions,Section14.02.103-UseTableandSection14.02.252-SaleofAlcoholicBeveragesin
order to amend regulations regarding the sale of alcoholic beverages in the Town. Case ADM-16-13 (Staff).
Agenda Item No. 9
Town CouncilPage 117 of 201Meeting Date: October 11, 2016
To: Mayor and Town Council
From:Ron Ruthven, Town Planner
CC: Patrick Arata, Acting Town Manager
Holly Fimbres, Town Secretary/RMO
Re: ADM-16-13 - Amendments to Alcoholic Beverage Regulations
Public Hearing and Regular Sesson
Town Council Meeting, October 11, 2016
Agenda Item:
Consider and take appropriate action regarding amendments to the Town of Trophy Club’s
Code of Ordinances, amending Section 14.02.052 - General Definitions, Section 14.02.103 - Use
Table and Section 14.02.252 - Sale of Alcoholic Beverages in order to amend regulations
regarding the sale of alcoholic beverages in the Town. Case ADM-16-13 (Staff).
Details:
On May 7, 2016, Trophy Club voters approved a local option referendum that allows “The legal
sale of all alcoholic beverages including mixed beverages”. The effect of this election was to
enable the Town to allow a higher percentage of alcoholic beverage sales to food sales ratio in
restaurants and to allow stand-alone bars and taverns. Prior to the election, restaurants could
derive no more than 50% of their gross receipts from alcohol sales, both by local option status
and by Town ordinance. Since the change in local option status merely enables the Town to
allow this, the Town’s alcoholic beverage regulations would have to be to be amended to
actually allow sales of over 50%.
Current Alcohol Status:
Trophy Club, given its local option status, is currently enabled to allow and regulate the sale of
ALL legally permissible (under the Texas Alcoholic Beverage Code) alcoholic beverages including
on-premise (restaurants, bars, taverns) and off-premise (grocery stores, convenience stores,
liquor stores) sales. Current Town regulations allow restaurants with alcoholic beverage sales,
beer and wine sales for off-premise consumption and liquor stores. All of these uses require
the approval of a Specific Use Permit by the Town Council, upon the recommendation of the
Planning and Zoning Commission, prior to any issuance of the certificate of occupancy. Bars
and taverns are not permitted under the current regulations.
Page 1 of 4
Town CouncilPage 118 of 201Meeting Date: October 11, 2016
Town Council Direction:
On July 12, 2016 the Town Council directed staff to draft specific regulations related to the
Town’s new local option status. Given that the alcoholic beverage regulations are contained in
the zoning regulations of the Code of Ordinances, this requires approval by the Planning and
Zoning Commission prior consideration by the Town Council.
Proposed Amendments:
Staff performed a detailed review of the Town’s alcoholic beverage recommendations and the
following is a summary of the proposed amendments (detailed mark-ups are attached).
Sec. 14.02.052 General definitions (zoning regulations) – Page 1 of Exhibit A:
The definition of a restaurant is amended to allow alcohol sales up to 75% of gross receipts.
A definition of a bar/tavern is also added.
Sec. 14.02.103 Use table – Page 2 of Exhibit A:
Alcoholic beverage use allowances are updated in to include bars and taverns. Language
changes to provide for better consistency.
Sec. 14.02.252 Sale of alcoholic beverages:
Page 3 - 4 of Exhibit A:
Section (a): Definitions – Restaurant and bar/tavern added.
Page 8 of Exhibit A:
Section (e)(3)(D)i & ii: Specific Use Permit – Changes include moving and modifying
language and the addition of regulations for bars and taverns, which state:
i.A bar or tavern shall not be located closer than 500 feet to any property used
exclusively for religious, educational, live-in healthcare or residential purposes. The
method of measurement shall be from the closest point of the property line
whereupon the bar or tavern is located to the closest point of the property used
exclusively for religious, educational, live-in healthcare or residential purposes. A
hotel shall not be considered a residential use for the purpose of this section.
ii.The Town Council shall have full discretion to approve or deny an SUP application
for a bar or tavern and may impose any reasonable condition deemed necessary by
the Council, including SUP expiration provisions, business name and signage, and
change of ownership requirements to ensure community health, safety and welfare
in approving a bar or tavern.
Broader discretionary powers are granted to the Town Council as well including the power
to issue waivers and to condition the approval of the SUP to the specific establish owner,
rather than the SUP running with the land, to include the following proposed language:
Page 2 of 4
Town CouncilPage 119 of 201Meeting Date: October 11, 2016
Page 11 of Exhibit A:
Section 5(H)- “Unless specified as a condition of approval by the Town Council for an SUP, a
specific use permit issued for any alcoholic beverage sales under this ordinance shall
automatically expire upon a change in use of the property, change of ownership to the
property and/or business and/or upon the revocation, termination or expiration of the
certificate of occupancy.”
Staff recommends that all existing SUP’s issued for on-premise consumption be allowed to
continue operations as currently permitted. However, they shall be required to apply for a
new SUP in order to allow a percentage of alcohol sales above 50% of gross receipts. The
current SUP’s allowing on-premise alcohol sales are as follows:
Trophy Club Country Club – 500 Trophy Club Drive
Vinny’s Italian Restaurant - 2003 SH 114, Suite 350
Fish and Knife - 2001 SH 114, Suite 190
Cristina’s Restaurant - 2003 SH 114, Suite 300
Bread Winners Café – 3000 SH 114
The proposed code language addressing existing establishments is as follows:
Page 14 of Exhibit A:
Section k “Specific use permits and applications in existence as of October 11, 2016. Any
existing SUP for the sale of alcoholic beverages for on-premise consumption for which the
SUP was either issued, or for which an application was received, prior to October 11, 2016
and said SUP has not expired, or said application has not been approved by the Town
Council, said establishment shall not sell alcoholic beverages such that the gross receipts
from alcohol sales exceed 50 percent all gross receipts from all sales by the establishment. A
new SUP must be granted by the town council in compliance with the requirements of this
section in order to increase any alcohol-to-food-sales ratio for on-premise alcohol sales for
any existing establishment and for any unapproved SUP where an active application has
been submitted.”
Exemptions and allowances for private clubs are removed from the regulations.
Public Notice Requirement:
As required by the zoning regulations, a notification of public hearings regarding this request
was published in the Fort Worth Star Telegram.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission voted to approve this item on August 18, 2016 by a vote
of(6-0) subject to the following condition:
Regarding bars/taverns: the bar/tavern shall be no closer than 1,500 from another bar/tavern
as measured from front door to front door using the measurement methodology already in
place in the code.
Page 3 of 4
Town CouncilPage 120 of 201Meeting Date: October 11, 2016
Staff Recommendation:
The proposed regulations address the Town’s current local option status and are the result of
previous reviews and direction received by the Town Council and the Planning and Zoning
Commission.
Therefore, staff recommends approval.
Attachments:
Exhibit A – Proposed markups to the alcoholic beverages regulations
Exhibit B – Area Municipal Survey of Current On-Premise Alcohol Regulations - July 2016
Exhibit C – Ordinance No. 2016-45P&Z
Page 4 of 4
Town CouncilPage 121 of 201Meeting Date: October 11, 2016
Exhibit A
Sec. 14.02.052Generaldefinitions
Bar / Tavern - An establishment that derives 75 percent or more of the establishment’s gross
revenue from the on-premise sale of alcoholic beverages.
Restaurantorcafe. An establishment building or portion of a building,where the primary
businessisthe on-premisessaleofpreparedfood,withadequatefacilitiesforthepreparation of
thefoodto be sold, the adequacy of saidkitchenfacilitiesto be basedupon the seatingcapacity
of the restaurantandthetype of menuoffered. Said establishment .
may serve alcohol with a valid Texas Alcoholic Beverage Commission License as long as the
establishment derives less than 75 percent of its gross revenues from alcohol sales and includes
all indoor and outdoor seating areas, kitchen, bar area, restrooms and lobby.
Town Council Page 1 of 17 Page 122 of 201Meeting Date: October 11, 2016
Exhibit A
Restaurantwithalcoholicbeveragesales. A restaurant or eatingestablishmentwherealcoholic
beveragesaresoldwhosegrosssalesin the townfrom food on anannualbasisatthelocation
representat leastsixtypercentoftotalsales.
Sec. 14.02.103Usetable
The followingtablepresentsthezoningdistrictclassifications and the permittedandconditional
uses withinthoseclassifications:
Denotesaprohibited use
Denotesapermitteduse by right
P
Denotes of \[a\]conditionaluse permitrequired
C
Denotesaspecificusepermitrequired
S
DistrictClassifications
PermittedUses
R-15R-12R-11R-10R-9R-8R-FVR-TTR-OHR-OHPR-SMHCGCRNSPOGU
(g) RETAIL
Alcoholic Beverage Sales
for Off-Premises
S S S S S
Consumption (Beer &
Wine Only)
Alcoholic Beverage Sales
for Off-Premises
S
–
Consumption Liquor
(Package) Store
Alcoholic BeverageSales
for On-Premise
Consumption in
S SSSS
Conjunction with a
Restaurant use
Alcoholic Beverages for
On-Premise Consumption
S S
- Bar or Tavern
Beerandwine sales(off-
SSSSSS
premisesconsumption
only)
LiquorstoreS
Restaurant w/alcoholic
C C
C
beverage sales
Sale of mixed beverages in
restaurants by food and
beverage certificate holders
S S S S S
S
only
Town Council Page 2 of 17 Page 123 of 201Meeting Date: October 11, 2016
Exhibit A
Sec. 14.02.252Sale ofalcoholicbeverages
(a)Definitions.Forthepurposes of thisordinance,thefollowingdefinitionsshallapply unless
the contextclearlyindicates or requires a differentmeaning.
Alcoholicbeverage.Alcohol,oranybeveragecontainingmore than one-halfof one percentof
alcohol by volume,which iscapableofuseforbeveragepurposes,eitheralone or whendiluted.
Applicant. A personwhosubmits or filesanoriginal or renewalapplicationwith the town, the
county judge, ortheTexasAlcoholicBeverageCommissionforalicenseorpermit.
Bar / Tavern - An establishment that derives 75 percent or more of the establishment’s gross
revenue from the on-premise sale of alcoholic beverages.
Beer. A maltbeveragecontainingone-halfofonepercentormoreofalcohol by volume and not
more than fourpercentofalcohol by weight, and does not include a beveragedesignated by label
or otherwise by anameotherthanbeer.
Commission. The TexasAlcoholicBeverageCommission.
Licensee. A personwhois the holder of a license provided in the TexasAlcoholicBeverage
Code,asamended,or any agent,servant,oremployee of thatperson.
Liquor. Anyalcoholicbeveragecontainingalcoholinexcessof four percentbyweight,unless
otherwiseindicated.Proofthatanalcoholicbeverageisalcohol,spiritsofwine,whiskey,liquor,
wine,brandy,gin,rum,ale,maltliquor,tequila,mescal,habaneroorbarreteago,isprimafacie
evidencethatitisliquor.
Liquor (Package)store. A businessthatsellsalcoholicbeverages, including liquor as defined
herein,forconsumptionoff-premises.Forthepurposes of thisordinance,theterm“liquor
store”shallexcludegrocerystoresorconveniencestoresinwhichbeerand/orwineisofferedfor
saleas a minorpartofanoveralllargerinventoryofgoods.Itshallalsoexclude a restaurant
thatisotherwiseoperatinginaccordancewithitsapprovedliquorlicenseandallother
provisions of thisordinance.
Town Council Page 3 of 17 Page 124 of 201Meeting Date: October 11, 2016
Exhibit A
Mixedbeverage.Oneormoreservingsof a beveragecomposedinwholeorpart of analcoholic
beveragein a sealedorunsealedcontaineror\[of\] any legalsizeforconsumption on the premises
whereservedorsold by theholder of a mixedbeveragepermit,theholderof a dailytemporary
mixedbeveragepermit,the holder ofacaterer’spermit,the holder of a mixedbeveragelatehours
permit,the holder of a privateclubregistrationpermit, or the holder of a privateclublatehours
permit.
Off-premises.Refersto the site of consumptionratherthanthesite ofsale and referstothesaleof
alcoholicbeveragesforoff-premises consumption.
On-premises.Refersto the site of consumptionratherthan the site of sale and refersto thesaleof
alcoholicbeveragesfor on-premises consumption.
Permittee. A personwhois the holderof a permitprovidedforintheTexasAlcoholicBeverage
Code,asamended,or an agent,servant, or employeeofthatperson.
Person. A naturalperson or association of naturalpersons,trustee,receiver,partnership,
corporation,organization,orthemanager,agent,servant, or employee of any of them.
Premises.Thegroundsandallbuildings,vehicles,andappurtenancespertainingto the grounds,
including any adjacentpremisesiftheyaredirectly or indirectly under thecontrol of thesame
person.
Privateschool. A schoolmaintained by privateindividuals,religiousorganizationsor
corporations,notatpublicexpense, and openonlytopupilsselected and admitted by the
proprietorsorgovernors, or to pupilsof a certainreligious\[religion\]orpossessingcertain
qualifications, and generallysupported,inpartatleast, by tuition,fees, or charges.
Publicschool. A schoolestablishedunderthelaws of the state(andusuallyregulatedinmatters
of detail by localauthorities),inthevariousdistricts,counties, or towns,maintainedatthepublic
expense by taxation, and open, usuallywithoutcharge,to the childrenofalltheresidents of the
city,townorotherdistrict.Schools belonging to the publicandestablishedandconductedunder
publicauthority.
Restaurant. An establishment where the primarybusinessisthe on-premisessaleofprepared
food,withadequatefacilitiesforthepreparation of the food tobesold,theadequacy of said
kitchenfacilitiesto be basedupon the seatingcapacity of the restaurantandthetypeofmenu
offered. Said establishment may serve alcohol with a valid Texas Alcoholic Beverage
Commission Licenseas long as the establishment derives less than 75 percent of its gross
revenues from alcohol sales and includes all indoor and outdoor seating areas, kitchen, bar area,
restrooms and lobby. A placelocatedin a permanentbuildingprovidedwithspace and
accommodationswherein,inconsiderationofthepayment of money, hot mealsarehabitually
prepared,sold,andservedat noon andevening,astheprincipalbusiness of theplace.The
term does notincludepharmacies,confectionerystores,lunchstands,nightclubs, and filling
stations.
Wine and vinousliquor. Theproductobtainedfromthealcoholicfermentationofjuiceofsound
ripe grapes,fruits,berries,orhoney, and includeswinecoolers.
(b)Prohibitedsales. The saleofbeeralcoholic beveragesisnotallowedinareaszonedfor
residentialuse,including but notlimitedtoPDPlannedDevelopmentDistrictsapproved
exclusively for residentialuses.Exceptasotherwisespecificallyallowed by the Texas
Town Council Page 4 of 17 Page 125 of 201Meeting Date: October 11, 2016
Exhibit A
AlcoholicBeverageCommission or asotherwise provided herein, no alcoholicbeveragesmay
be sold withinthreehundredfeet (300') of a church,publicschoolorprivateschool,orpublic
hospital.Measurementofsuchdistanceshall l
Town Council Page 5 of 17 Page 126 of 201Meeting Date: October 11, 2016
Exhibit A
be inaccordancewiththeterms of thisordinanceandtheTexasAlcoholicBeverage Code, as
amended.
Statelawreferences–
Authorityofcitytoprohibitsaleinresidentialareas,V.T.C.A.,AlcoholicBeverage
Code, secs.109.31,109.32; salesnearchurch,school orhospital,V.T.C.A.,AlcoholicBeverageCode, sec.
109.33.
(c)(b)Permits.
(1)Feesestablished.Theannualpermitfeeforissuing a licenseorpermittooperate,
conduct,andmaintain a businessestablishmentsellingalcoholicbeveragesinthe
town is:
(A)Forstoreswithbeer and winesalesforoff-premises consumption only, and,
exceptasspecificallyexemptedherein, forlocationswith mixedbeverage
permits,thepermitholdershallpay afeeequaltoone-half(1/2)ofthestatefee
for suchlicenseandpermitineffectatthetime of theinitialpermitapplication
or renewal for theannualpermit,asapplicable.Suchfeeshallbeinadditionto
any applicablefee for afood and beveragecertificate.
(B)Exemption. A mixedbeveragepermitisexemptfrom the payment of thefee
imposed by thissubsection during the three-yearperiodfollowing the issuance
of thepermitasspecifiedin the TexasAlcoholicBeverageCode.
(C)Payment of fees.
(i)Term. Thepermitfeeshallbecollectedwhentheapplicationforsuch
permitissubmitted.Thispermitshallbevalidonly for oneyear(365
days)from the date of itsissuance, and ifissuedduring the calendaryear,
the feeshallbecollectedinfullwithoutreductionandshallberenewed
by the applicantannuallythereafter during the timethatsuchapplicantis
engagedinthebusiness of sellingalcoholicbeverageswithin the town.
Permitapplicationsshall be filedwiththeplanning and zoning
coordinator.
Statelawreferences–
Localfeeauthorizedonalcoholicbeveragepermits,V.T.C.A.,AlcoholicBeverage
Code,sec.11.38; local feeauthorizedonalcoholic beveragelicenses,V.T.C.A.,AlcoholicBeverageCode,
sec.61.36.
(d)(c)Zoning compliancerequired. Nopermitshallbegrantedunder the terms of thisordinance
unless the locationatwhichthebusinessissoughttobeestablishedandmaintainedas\[is\] a
permitteduseunder the comprehensivezoningordinance of thetownas of or aftertheeffective
date thereof.
(e)(d)Businesshours.Itisunlawfulfor any persontosell,offerforsale,ordeliver any beer,
wine, orliquor,exceptwithinthosehoursasprescribedin theTexasAlcoholicBeverage Code, as
amended,including but notlimitedtochapter105oftheTexasAlcoholicBeverageCode,as
amended.
Town Council Page 6 of 17 Page 127 of 201Meeting Date: October 11, 2016
Exhibit A
(f)(e)Specificusepermit(SUP).
(1)SUPrequired. Exceptasspecifically provided herein, no personsshallmanufacture,
sell,offerforsale,distribute or engagein any other activity for which a permit or
licenseisrequired by the TexasAlcoholicBeverageCodewithin the townwithout
firstobtaining a specificusepermitto do sofrom the town. Alloftheprovisions of
the specificusepermitprocedureshallapplyasperthetown’scomprehensivezoning
ordinance,asamended.In the eventof a conflictbetweenthegeneralregulations
governingspecificuse permits and theprovisionscontainedin thissection, the
provisions ofthissectionshallcontrol.
(2)SUPapplication.In order for a persontoengageinthesaleofalcoholicbeverages, a
formalapplicationfor a SUPshallbefiledwiththeplanning and zoningcoordinator
withtheappropriatefeeestablished by the town.Theplanningandzoning
coordinatorshallprocesstheapplication by submittingto the planning and zoning
commissionfortheirreview and recommendationtothetowncouncilforapproval or
disapproval. The towncouncilwillconsiderandapprove or disapprovethegranting
of aSUPfor the sale of alcoholicbeverages.
(3)ComplianceRequired - On-premisessaleandconsumption.Compliancewithtown
codesandordinances\[isrequired\]for on-premisessale and consumption of alcoholic
beveragesasfollows:
(A)Beerandwineonly.Alcoholic Beverage Sales for Off-Premises Consumption
(Beer & Wine Only). A building utilizedfortheretailsaleofbeerand/or
wineforoff-premisesconsumptiononlyshall be inspected and shall comply
withallapplicablelocalregulations,includingbut not limitedto building
codes,fire codes, plumbingcodes,electricalcodesand ordinances.
(B)Alcoholic Beverage Sales for Off-Premises Consumption – Liquor (Package)
Store.The following provisions shall be required for liquor (package) stores:
i. A liquor(package)storeshallnothavewalk-up window access,
and shallnothavedrive-through or drive-up access.
ii. A liquor(package) storeshalloperateinpremisesthat
arenotphysicallycompletelyseparatefrom any otherbusiness
and theexteriordesignofthestoreshall show evidence of
coordinationwithcontextualinfluences of neighboring
propertiesinregardto building setbacks,orientation,and
relationshipofstructures toeachotherandtothestreet. The
layout of thesiteshallrespectandbuild upon thearrangement
of buildings,openspacesandlandscapeelementsofadjacent
sites.
(A)
(C)Mixedbeverages by food andbeveragecertificate holders.Alcoholic Beverage
Sales for On-Premise Consumption in Conjunction with a Restaurant Use. A
restaurantbuildingutilized for theretailsaleofalcoholicmixedbeveragesfor
on-premisesconsumptionshallbeinspected and shallcomplywithall
applicablelocalregulations,includingbutnotlimitedtobuilding codes, fire
codes,plumbing codes, electricalcodesandordinances.
14-100
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Exhibit A
(D)Alcoholic Beverages for On-Premise Consumption - Bar or Tavern.A bar or
tavernshallbeinspected and shall comply withallapplicablelocal
regulations,including but not limitedto building codes,firecodes,plumbing
codes,electricalcodesand ordinances. The following additional provisions
shall be required for bars or taverns:
i.A bar or tavern shall not be located closerthan 500 feet to any
property used exclusively forreligious,educational, live-in
healthcare orresidential purposes.The method of measurement
shall be from the closest point of the property line whereupon the
bar or tavern is located to the closest point of the property used
exclusively for religious, educational, live-in healthcare or
residential purposes. A hotel shall not be considered a residential
use for the purpose of this section.
ii.A bar or tavern shall be no closer than 1,500 from another
bar/tavern as measured along the property lines of the street fronts
and from front door to front door, and in a direct line across
intersections.
(B)iii.The Town Council shall have full discretion to approve or deny an
SUP application for a bar or tavern and may impose any
reasonable condition deemed necessary by the Council, including
SUP expiration provisions,business name and signage, and
change of ownership requirementsto ensure community health,
safety and welfare in approving a bar or tavern.
(C)(E)Procedurespriortoissuance of permit.Before any certificationfrom the
TexasAlcoholicBeverageCommission or otherdocumentation of approvalis
signed by the townrepresentative,suchcertificate or documentationshall
besubmittedtotheplanningandzoningcoordinatortoassure:
(i)Thattheapplicationcomplieswithallprovisionsofthisandall
applicableordinances;
(ii)That a SUPapplicationisofficiallyfiledwith the payment of applicable
fees;
(iii)Thatproofissubmittedthat a representative of theTexasAlcoholic
BeverageCommission has approvedthesubmittal of anapplicationfor
license;and
(iv)Thatthechief of police/directorofpublicsafety has reviewed the SUP
application..
14-100
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Exhibit A
(4)Additional development conditions/waivers.Thecouncilmayattachadditional
developmentconditions, or grant specific waivers to applicable code requirements,to
the specificusepermitthat the council,initsdiscretion,determinesareappropriate
forbuffering,safety,security,andcompatibilityforand to adjacent properties.
(4)Compliance - Off-premisesconsumption.Compliancewithtowncodes and
ordinancesisrequiredforsaleofalcoholicbeveragesforoff-premisesconsumption
in a liquorstore, and thespecificusepermit(SUP)applicationshallshow
documentationofcompliancewiththefollowing:
(A)Liquor store.
(i)That a SUPapplicationfor a liquorstoreissubmittedinitsentirety,without
omissions; and
(ii)Thattheapplicationisofficiallyfiledwiththepaymentofapplicablefees;and
(ii)That the application complies with all provisions of this and all
applicableordinances;and
(iv)Thattheapplicationcomplieswith thefollowingdevelopmentconditions:
a.A liquorstoreshallnothavewalk-up window access,andshallnothavedrive-
through or drive-up access.
b.A liquorstoreshalloperateinpremisesthatarenotphysicallycompletely
separatefrom any otherbusiness and the exteriordesignofthestoreshallshow
evidence of coordinationwithcontextualinfluences of neighboringpropertiesin
regardto building setbacks,orientation,andrelationshipofstructures toeachother
andtothestreet. The layoutofthesiteshallrespectandbuild upon the arrangement
of buildings,openspacesandlandscapeelementsofadjacentsites.
(B)Additionaldevelopmentconditions.Thecouncilmayattachadditionaldevelopment
conditionstothespecificusepermitthat the council,initsdiscretion,determinesare
appropriateforbuffering,safety,security,andcompatibility for and to adjacent
properties.
(g)(5)CriteriaandprocessingofSUP. The followinggeneralconditionsapplytoall
specificusepermits(SUP)allowingthe sale of any alcoholic beverages: (i)thesale
of beerandwineforoff-premises consumption only, or (ii) the saleofalcoholic
beveragesforoff-premisesconsumptiononly,or(iii) the saleofmixed
beverages by food and beveragecertificate holders only:(Ordinance2011-17, sec.
2.05,adopted5/2/11)
(A)The applicantmustdesign and operatetheestablishmentforwhichanSUPis
soughtinsuch a mannerthattheproposeduseoractual use ofthe
premisesshallnotsubstantiallyincreasetraffic congestion or create
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Exhibit A
overcrowding intheestablishmentorin the immediatelysurroundingarea
(1).
(2)(B)The applicantmustcomplywithapplicablelicensing and permit
provisions of the TexasAlcoholicBeverage Code, asamendedfrom the
dateoftheissuanceof the SUP by the town council.
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Exhibit A
(3)(C)Asrequired, the applicantshallbeartheburdenof showing thatthe
establishment does notexceedthelimitation on grossreceiptsfromthesalesof
alcoholicbeveragesapplicabletoitslicenseandSUP.Theapplicantshall
maintainaccountingrecords of thesourcesofitsgrossrevenue and allow
thetowntoinspectsuchrecords during reasonablebusinesshours.
(4)(D)The applicantshalldemonstratethatthegranting of theSUPwouldnot
be detrimentalto the publichealth,safetyand/orwelfare of thecitizensofthe
town.
(5)(E)The applicantshall,atalltimes, provide an adequate number of employees
for securitypurposestoadequatelycontroltheestablishmentpremisesto
preventincidentsofdrunkenness,disorderlyconductandraucousbehavior.
Theapplicantshallconsultwiththechief of police/director of publicsafety
whoshallactinanadvisorycapacitytodetermine the number ofqualified
employeesnecessarytomeethis/herobligationhereunder.
(6)(F)The establishmentshallprovideadequateparkingspacestoaccommodateits
employeesandpatrons. Provided however,the number of parking spacesshall
never be lessthanthoserequiredforsimilarusesinthatzoningdistrict
where the establishmentislocated.
(7)(G)The applicantshalloperatetheestablishmentinsuch a mannerasto
preventexcessivenoise,dirt,litter and odorsintheestablishmentandinthe
surroundingarea and operatetheestablishmentinsuch a mannerasto
minimizedisturbancetosurroundingproperty owners and incompliancewith
allapplicabletownordinances and statelaws.
(8)(H)Unless specified as a condition of approval by the Town Council for an
SUP, aAspecificusepermitissuedfor any alcoholic beverage sales under this
ordinanceshall automatically expire upon a change in use of the
property, change of ownershipto the property and/or business
and/or upon the revocation, terminationor expirationof the
certificate of occupancy.runswith the property and isnotaffected by a
changeintheownerof\[or\]lessee of a permitted establishment;provided
however, thatthe owner orlesseetowhomthepremises has been
transferredshallwithinten(10)businessdaysofsuchtransfernotifythe
planning and zoningcoordinatorofsuchchangeinownership or controlof
the premisesforwhichthe SUPwasissued.
(9)(I)Allspecificusepermitsissued under thisordinanceshall be further
conditionedthat the samemay be discontinuedif the use forwhichtheSUP
wasgrantedceasesto be operatedatthepermittedlocationfor a minimum
period ofsix(6)continuous months, orasotherwiseprovidedforthe
revocation of SUPs,asoutlinedinthecomprehensivezoningordinance,as
amended.
(h)(6)DenialofSUP.Thetowncouncilmay deny anSUPifitaffirmativelydetermines
thattheissuance of such SUP:
(1)(A)Isincompatible with the surroundinguses orproperty; or
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Exhibit A
(2)(B)Isdetrimentaloroffensiveto the neighborhoodorcontrarytothehealth,
safety, and generalwelfare of thetownand itsinhabitants;or
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Exhibit A
(3)(C)Is found to be innoncompliancewiththe development conditions
outlinedin the “SUP Application–LiquorStore,”isfoundtobein
noncompliancewiththerequirementsestablishedby the towncouncil
pursuanttosubsection(f)(4)(B)ofthissection,oris found tobein
noncompliancewithany other townordinances,includingwithoutlimitation
failuretocomplywithany one or moreof the provisions of subsection(f)(4)
of thissection.
(i)(f)Methodsfordeterminingdistancemeasurement.
(1)Churchorpublichospital. Themeasurementofthedistancebetweentheplace of
businesswherealcoholicbeveragesaresold and a church or publichospitalshallbe
along thepropertylinesofthestreetfrontsandfromfrontdoorto frontdoor,and in a
directlineacrossintersections.
(2)Public or privateschool.Themeasurement of distancebetween the place of business
wherealcoholicbeveragesare sold and a publicorprivateschoolshallbe:
(A)In a directlinefrom the propertylineofthepublic or privateschooltothe
propertylineoftheplaceofbusiness, and in a directlineacrossintersections;
or
(B)If the permit or license holder islocated on orabove the fifth(5th)storyof a
multistorybuilding,in a directlinefrom the propertylineofthepublicor
privateschooltothepropertylineoftheplaceofbusiness,in a directline
acrossintersections,andvertically up the building at the propertylinetothe
base ofthefloor on whichthepermit or licenseholderis located.
(j)(g)Exceptiontodistancerequirements.Uponreceipt of a request, the planningandzoning
commissionwillconsider and make a recommendationto the towncounciltoconsideran
exceptiontoreducethedistancerequirementcontainedinthis sectionsubsection(f)\[(b)\] above
and thetowncouncilshalltakefinalaction on suchrecommendationbaseduponthecriteria
specifiedhereinbelow.
(1)A planning and zoning commissionrecommendationtoreducethedistance
requirement and finalaction of the towncounciltoallowsuchreductionshallbe
based upon the following. The towncouncilmayallowanexceptionuponproof by
the applicantthathe/shemeetsthefollowingcriteria:documentedapprovalfrom
surroundingproperty owners withinthedistancerequirementsforwhichthe
exceptionissought;proof of preliminaryapprovalfrom the TexasAlcoholic
BeverageCommission; a determination by councilthattheenforcementofthe
regulationsin a particularinstanceis not inthebestinterestof the public;andafter
considerationof the health,safety and welfare of the publicandtheequitiesofsuch
regulation,thecouncildeterminesthattheexceptionisinthebestinterestof the
community.
(2)The towncouncilshallhave the authoritytograntanexceptionunderthissectionfor
temporaryspecialeventsafterreview and recommendation by the planning and
zoning commission.Forsuchevents,boththeplanning and zoningcommission and
the towncouncilshallconsider:hours of the event,impactonsurroundingarea;
estimated number ofparticipants;personalandpropertysecurity;duration and otherr
14-103
Town Council Page 13 of 17 Page 134 of 201Meeting Date: October 11, 2016
Exhibit A
health,safetyandwelfareconsiderationsasdeemedappropriateandnecessary by the town
council.
(3)Noexceptionmay be grantedhereunderexceptafter a publichearing for which
noticehasbeengiventoowners of realpropertywithin300feet(or1,000feetif
applicable)ofthelocation of the proposedbusinessor of the proposedlocation for
temporaryspecialevent.Suchnoticemust be givennotlessthanten(10)daysbefore
the datesetforhearing.
(3)
(k)Specific use permitsand applications in existence as of October 11, 2016. Any existing SUP
for the sale of alcoholic beverages for on-premise consumptionfor which the SUP was either issued,
or for which an application was received, prior to October 11, 2016 and said SUP has not expired,
or said application has not been approved by the Town Council, said establishment shall not sell
alcoholic beverages such that the gross receipts from alcohol sales exceed 50 percent all gross
receipts from all sales by the establishment. A new SUP must be granted by the town council in
compliance with the requirements of this section in order to increase any alcohol-to-food-sales ratio
for on-premise alcohol sales for any existing establishment and for any unapproved SUP where an
active application has been submitted.
(k)ExemptionfromSUPprocessforexistingprivateclub operations. Allexistingbusinesses
that,asoftheeffectivedate of thisordinance,operateandhold a permitfrom the TexasAlcoholic
BeverageCommissiontooperateas a privateclub and thatoperatelegally under the town’s
comprehensive zoning ordinanceshall be allowedtocontinuewithoutobtaininganSUPfrom the
townas long as(i)thelocationof the businessdoes not change; and (ii) the type of businessor
the typeofusefrom the locationwithinthatzoningdistrictremainsthesame;and(iii)suchuse
continuestocomplywith allapplicableordinancesofthetown. Such establishmentsshall comply
withallotherrequirements of thisordinance and theordinancesofthe town, includingbutnot
limitedtothoseregulationsrelatingtopermitsandfees.Atthetime of application for a permit,
the applicantshallsupplyallpertinentinformationtotheplanningandzoningcoordinatorfor
registeringsuch usewiththe town asrequired by thisordinance.
(l)(h)Possessionor consumption prohibited in certainareas.
(1)Athleticfields,parks,orpublicareas.Itshall be unlawfulfor any persontopossess
an open alcoholicbeveragecontainer or consumeany alcoholicbeverageinany town
ownedorcontrolledathleticfield and allparkinglotsservicingsuchathleticfields
exceptasspecificallyapproved by the towncouncil,ordinance, or towncouncil
approvedpolicywhichgovernssuchconduct.Itshall be unlawfulfor any personto
possessan open alcoholicbeveragecontainer or consume any alcoholic beverage,as
defined by the TexasAlcoholicBeverageCodein any townownedorcontrolled
park,includingreservedarea(s)withinanypark,playground,recreationcenter or any
otherareainthetown owned orused by thetownanddevotedtoactiveorpassive
recreation,includingallplantedexpressways,allparkinglotsservicingparks and
publicareas,parkways,triangles,andtrafficislandsmaintained by the town exceptas
specificallyapproved by thetowncouncil,ordinance,ortowncouncilapproved
policy which governssuchconduct.
(2)Schools and schoolactivities.Itshall be unlawfulfor any persontopossessanopen
container or consume any alcoholicbeverage on a publicstreet,publicalley, or
publicsidewalkwithin1,000feetof the propertyline of a facilitythatis a public or
privateschool,including a parochialschool,thatprovidesall or any part of pre-
kindergartenthroughtwelfthgradein the buildingsor on thegroundsof any public
schoolinthetownlimitsorat any school-relatedactivityconductedwithin the town
limits.
14-103
Town Council Page 14 of 17 Page 135 of 201Meeting Date: October 11, 2016
Exhibit A
(Ordinance2000-06,sec.XXXIV,adopted3/21/00;Ordinance 2004-10,sec.II,adopted3/1/04;
2006Code,ch. 13,sec.5.02;Ordinance2011-17, secs. 2.02–2.05, 2.07, adopted5/2/11)
14-103
Town Council Page 15 of 17 Page 136 of 201Meeting Date: October 11, 2016
Exhibit A
14-103
Town Council Page 16 of 17 Page 137 of 201Meeting Date: October 11, 2016
Exhibit A
Town Council Page 17 of 17 Page 138 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2016-45P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SECTION 14.02.052, “DEFINITIONS”, SECTION 14.02.103,
“USE TABLE”, AND SECTION 14.02.252, “SALE OF ALCOHOLIC
BEVERAGES” OF CHAPTER 14, “ZONING” OF THE TOWN OF
TROPHY CLUB CODE OF ORDINANCES;PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT
TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN;
PROVIDING APPLICABLE REGULATIONS; PROVIDING A SAVINGS
AND REPEALER CLAUSE;PROVIDING APENALTY 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; PROVIDINGA SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the Town of Trophy Club, Texas is a Home Rule Town acting under
its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS,
the Town of Trophy Clubdesires to amend Section 14.02.052,
“Definitions”,Section 14.02.103, “Use Table”, and Section 14.02.252, “Sale of Alcoholic
Beverages” in the zoning regulations of the Code of Ordinancesto allowfor
amendments to the Town’s alcoholic beverage regulations by adding provisions for bars
and taverns, amended performance criteria as well as other amendments; and
WHEREAS,
notice of a public hearing before the Town Councilwas published in
a newspaper of general circulation in Trophy Clubat least 15 days before such hearing.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
THAT The above and foregoing premises are true and correct and
are incorporated herein and made a part hereof for all purposes.
SECTION 2.
THAT Section 14.02.252, “Definitions”,in the zoning regulations of
the Code of Ordinances, is hereby amendedby adding the
definition of a “Bar / Tavern” and replacing the definition of a
“Restaurant or café” as follows:
“Bar / Tavern - An establishment that derives 75 percent or more of
the establishment’s gross revenue from the on-premise sale of
alcoholic beverages.”
Town CouncilPage 140 of 201Meeting Date: October 11, 2016
“Restaurant or cafe. An establishmentbuilding or portion of a
building, where the primary business is the on- premises sale of
prepared food, with adequate facilities for the preparation of the
food to be sold, the adequacy of said kitchen facilities to be based
upon the seating capacity of the restaurant and the type of menu
offered. Said establishment mayserve alcohol with a valid Texas
Alcoholic Beverage Commission License as long as the
establishment derives less than 75 percent of its gross revenues
from alcohol sales and includes all indoor and outdoor seating
areas, kitchen, bar area, restrooms and lobby.”
SECTION 3.
THAT Section 14.02.103, “Use Table”, in the zoning regulations of
the Code of Ordinances, is hereby amended as follows:
A.The following uses are hereby deleted from Section 14.02.103, “Use Table”:
(1)“Beer and wine sales (off-premisesconsumption only)”
(2)“Liquor store”
(3)“Restaurant w/alcoholic beverage sales”
(4)“Sales of mixed beverages in restaurants by food and beverage
certificate holders only”
B.The following uses are hereby added to Section 14.02.103, “Use Table”:
(1)“Alcoholic Beverage Sales for Off-Premises Consumption (Beer
& Wine Only)” -Permitted in the CG, CR, NS, PO, GU zoning
districts with a Specific Use Permit (SUP)
(2)“Alcoholic Beverage Sales for Off-Premises Consumption –
Liquor (Package) Store” -Permitted in the CG zoningdistrict
with a Specific Use Permit (SUP)
(3)“Alcoholic Beverage Sales for On-Premise Consumption in
Conjunction with a Restaurant use” -Permitted in the CG, CR,
NS, PO, GU zoning districts with a Specific Use Permit (SUP)
(4)“Alcoholic Beverages for On-Premise Consumption - Bar or
Tavern” -Permitted in the CG, CR zoning district with a Specific
Use Permit (SUP)
SECTION 4.
THAT Section 14.02.252, “Sale of Alcoholic Beverages”, in the
zoning regulations of the Code of Ordinances, ishereby amended
in its entirety to read as follows:
“Sec. 14.02.252 Sale ofalcoholicbeverages
(a)Definitions. Forthepurposesofthisordinance,thefollowingdefinitionsshall
applyunlessthe contextclearlyindicatesorrequires a differentmeaning.
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Alcoholicbeverage. Alcohol,oranybeveragecontainingmorethanone-halfof
onepercentofalcoholbyvolume,which iscapableofuseforbeverage
purposes,eitheraloneorwhendiluted.
Applicant. A personwhosubmitsorfilesanoriginalorrenewalapplicationwith
thetown,thecountyjudge, ortheTexasAlcoholicBeverageCommissionfora
licenseorpermit.
Bar / Tavern. - An establishment that derives 75 percent or more of the
establishment’s gross revenue from the on-premise sale of alcoholic beverages.
Beer. A maltbeveragecontainingone-halfofonepercentormoreofalcoholby
volumeandnotmorethanfourpercentofalcoholbyweight,anddoesnot
include a beveragedesignatedbylabelorotherwisebyanameotherthanbeer.
Commission. TheTexasAlcoholicBeverageCommission.
Licensee. A personwhoistheholderof a licenseprovidedintheTexas
AlcoholicBeverageCode,asamended,oranyagent,servant,oremployeeof
thatperson.
Liquor. Anyalcoholicbeveragecontainingalcoholin excess offourpercentby
weight,unlessotherwiseindicated.Proofthatanalcoholicbeverageisalcohol,
spiritsofwine, whiskey, liquor,wine,brandy,gin,rum,ale,maltliquor,tequila,
mescal,habaneroorbarreteago,isprimafacieevidencethatitisliquor.
Liquor (Package)store. A businessthatsellsalcoholicbeverages, including
liquor as defined herein,forconsumptionoff-premises.Forthepurposesofthis
ordinance,theterm“liquorstore”shallexcludegrocerystoresorconvenience
storesinwhichbeerand/orwineisofferedforsaleas a minorpartofanoverall
largerinventoryofgoods.Itshallalsoexclude a restaurantthatisotherwise
operatinginaccordancewithitsapprovedliquorlicenseandallotherprovisions
of thisordinance.
Mixedbeverage. Oneormore servings of a beveragecomposedinwholeor
partofanalcoholicbeveragein a sealedorunsealedcontaineror\[of\]anylegal
sizeforconsumptiononthepremiseswhereservedorsoldbytheholderof a
mixedbeveragepermit,theholderof a dailytemporarymixedbeveragepermit,
the holderofa caterer’spermit,the holderof a mixedbeveragelatehourspermit,
theholderof a privateclubregistrationpermit,ortheholderof a privateclub
latehourspermit.
Off-premises. Refersto the siteofconsumptionratherthanthesite ofsaleand
referstothesaleofalcoholicbeveragesforoff-premisesconsumption.
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On-premises. Referstothe siteofconsumptionratherthanthe siteofsaleand
refersto thesaleofalcoholicbeveragesforon-premisesconsumption.
Permittee. A personwhoistheholderof a permitprovidedforintheTexas
AlcoholicBeverageCode,asamended,oran agent,servant,oremployeeofthat
person.
Person. A naturalpersonorassociationofnaturalpersons,trustee,receiver,
partnership,corporation,organization,orthemanager,agent,servant,or
employeeofanyofthem.
Premises. Thegroundsandallbuildings,vehicles,andappurtenances
pertainingtothegrounds,includinganyadjacentpremisesiftheyaredirectly
orindirectlyunderthecontrolofthesameperson.
Privateschool. A schoolmaintainedbyprivateindividuals,religious
organizationsorcorporations,notatpublicexpense,andopenonlytopupils
selectedandadmittedbytheproprietorsorgovernors,orto pupilsof a certain
religious\[religion\]orpossessingcertainqualifications,and generallysupported,
inpartatleast,bytuition,fees,orcharges.
Publicschool. A schoolestablishedunderthelawsofthestate(andusually
regulatedinmattersofdetailbylocalauthorities),inthevarious districts,
counties,ortowns,maintainedatthepublicexpensebytaxation,andopen,
usuallywithoutcharge,tothechildrenofalltheresidentsofthe city, townor
otherdistrict.Schoolsbelongingtothepublicandestablishedandconducted
underpublicauthority.
Restaurant. An establishment wheretheprimarybusinessistheon-premises
saleofpreparedfood,withadequatefacilitiesforthepreparationofthefoodto
besold,theadequacyofsaidkitchenfacilitiestobebasedupontheseating
capacityoftherestaurantandthetypeofmenuoffered. Said establishment may
serve alcohol with a valid Texas Alcoholic Beverage Commission License as long
as the establishment derives less than 75 percent of its gross revenues from
alcohol sales and includes all indoor and outdoor seating areas, kitchen, bar
area, restrooms and lobby.
Wineandvinousliquor. Theproductobtainedfromthealcoholicfermentationof
juiceofsoundripegrapes,fruits,berries,orhoney,and includeswinecoolers.
Prohibitedsales. Thesaleofalcoholic beveragesisnotallowedinareaszoned
forresidentialuse,includingbutnotlimitedtoPDPlannedDevelopment
Districtsapproved exclusively forresidentialuses.Exceptasotherwise
specificallyallowedbytheTexasAlcoholicBeverageCommissionoras
otherwiseprovidedherein,no alcoholicbeveragesmaybe sold withinthree
hundredfeet(300')of a church,publicschoolorprivateschool,orpublic
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hospital.Measurementofsuchdistanceshall beinaccordancewiththeterms
ofthisordinanceandtheTexasAlcoholicBeverageCode,asamended.
(b)Permits.
(1)Feesestablished. Theannualpermitfeeforissuing a licenseor
permittooperate,conduct,andmaintain a businessestablishment
sellingalcoholicbeveragesinthetown is:
(A)Forstoreswithbeerandwinesalesforoff-premises
consumptiononly,and,except as specificallyexemptedherein,
forlocationswith mixedbeveragepermits,thepermitholdershall
pay afeeequaltoone-half(1/2)ofthestatefeeforsuchlicense
andpermitineffectatthetimeoftheinitialpermitapplicationor
renewalfortheannualpermit,asapplicable. Such feeshallbein
additiontoanyapplicablefeefora foodand beveragecertificate.
(B)Exemption. A mixedbeveragepermitisexemptfromthe
paymentofthefeeimposedbythissubsectionduringthethree-
yearperiodfollowingtheissuanceofthepermitasspecifiedin
theTexasAlcoholicBeverageCode.
(C)Paymentof fees.
(i)Term. Thepermitfeeshallbecollectedwhenthe
applicationforsuchpermitissubmitted.Thispermitshall
bevalidonlyforoneyear(365 days) fromthe dateofits
issuance,andifissuedduringthe calendaryear,thefee
shallbecollectedinfullwithoutreductionandshallbe
renewedbytheapplicantannuallythereafterduringthetime
thatsuchapplicantisengagedinthebusinessofselling
alcoholicbeverageswithinthetown.Permitapplications
shallbefiledwiththeplanningandzoningcoordinator.
(c)Zoningcompliancerequired. Nopermitshallbegrantedunderthetermsofthis
ordinanceunlessthelocationatwhichthebusinessissoughttobe
establishedandmaintainedas\[is\] a permitted use underthecomprehensive
zoningordinanceofthetownasoforaftertheeffectivedatethereof.
(d)Businesshours. Itisunlawfulforanypersontosell,offerforsale,ordeliver
anybeer,wine, orliquor,exceptwithinthosehours as prescribedin theTexas
AlcoholicBeverageCode,asamended,includingbutnotlimitedtochapter105
oftheTexasAlcoholicBeverageCode,asamended.
(e)Specificusepermit (SUP).
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(1)SUPrequired. Exceptasspecificallyprovidedherein,nopersonsshall
manufacture,sell,offerforsale,distributeorengageinanyother
activityforwhich a permitorlicenseisrequiredbytheTexas
AlcoholicBeverageCodewithinthetownwithoutfirstobtaining a
specificusepermittodo so fromthetown.Alloftheprovisionsofthe
specificusepermitprocedureshallapplyasperthetown’s
comprehensivezoningordinance,asamended.Intheeventof a
conflictbetweenthegeneralregulationsgoverningspecificuse
permitsand theprovisionscontainedin thissection,theprovisionsof
thissectionshallcontrol.
(2)SUPapplication. Inorderfor a persontoengageinthesaleof
alcoholicbeverages, a formalapplicationfor a SUPshallbefiledwith
theplanningandzoningcoordinatorwiththeappropriatefee
establishedbythetown.Theplanningandzoningcoordinatorshall
processtheapplicationbysubmittingtotheplanningandzoning
commission fortheirreviewandrecommendationtothetowncouncil
forapprovalordisapproval.Thetowncouncilwillconsiderand
approveordisapprovethegrantingofaSUPforthesaleofalcoholic
beverages.
(3)Compliance Required. Compliancewithtowncodesandordinances
\[isrequired\]foron-premisessaleandconsumptionofalcoholic
beverages as follows:
(A)Alcoholic Beverage Sales for Off-Premises Consumption (Beer &
Wine Only). A buildingutilizedfortheretailsaleofbeerand/or
wineforoff-premisesconsumptiononlyshallbeinspectedand
shallcomplywithallapplicablelocalregulations,includingbut
notlimitedtobuilding codes, firecodes,plumbingcodes,
electricalcodesand ordinances.
(B)Alcoholic Beverage Sales for Off-Premises Consumption – Liquor
(Package) Store.The following provisions shall be required for
liquor (package) stores:
i. A liquor (package)storeshallnothavewalk-upwindow
access,andshallnothavedrive-throughordrive-up access.
ii. A liquor(package) storeshalloperateinpremises
thatarenotphysicallycompletelyseparatefromanyother
businessandtheexteriordesignofthestoreshallshow
evidenceofcoordinationwithcontextualinfluencesof
neighboringpropertiesinregardtobuildingsetbacks,
orientation,andrelationshipofstructurestoeachotherand
tothestreet.Thelayoutofthesiteshallrespectandbuild
uponthearrangementofbuildings,openspacesand
landscapeelementsofadjacent sites.
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(C)Alcoholic Beverage Sales for On-Premise Consumption in
Conjunction with a Restaurant Use. A restaurantutilizedforthe
retailsaleofalcoholicbeveragesforon-premisesconsumption
shallbeinspectedandshallcomplywithallapplicablelocal
regulations,includingbutnotlimitedtobuilding codes, fire
codes,plumbingcodes,electricalcodesandordinances.
(D)Alcoholic Beverages for On-Premise Consumption - Bar or
Tavern.A bar or tavern shallbeinspectedandshallcomplywith
allapplicablelocalregulations,includingbutnotlimitedto
buildingcodes,firecodes,plumbing codes, electricalcodesand
ordinances. The following additional provisions shall be required
for bars or taverns:
i.A bar or tavern shall not be located closer than 500 feet to
any property used exclusively for religious, educational, live-
in healthcare or residential purposes. The method of
measurement shall be from the closest point of the property
line whereupon the bar or tavern is located to the closest
point of the property used exclusively for religious,
educational, live-in healthcare or residential purposes. A
hotel shall not be considered a residential use for the
purpose of this section.
ii.A bar or tavern shall be no closer than 1,500 from another
bar/tavern as measured along the property lines of the street
fronts and from front door to front door, and in a direct line
across intersections.
iii.The Town Council shall have full discretion toapprove or
deny an SUP application for a bar or tavern and may impose
any reasonable condition deemed necessary by the Council,
including SUP expiration provisions, business name and
signage, and change of ownership requirements to ensure
community health, safety and welfare in approving a bar or
tavern.
(E)Procedurespriortoissuanceofpermit. Beforeanycertification
fromtheTexasAlcoholicBeverageCommissionorother
documentationofapprovalissignedbythetownrepresentative,
such certificateordocumentationshallbesubmittedtothe
planningandzoningcoordinatortoassure:
(i)Thattheapplicationcomplieswithallprovisionsofthis
andallapplicableordinances;
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(ii)That a SUPapplicationisofficiallyfiledwiththepaymentof
applicablefees;
(iii)Thatproofissubmittedthat a representativeofthe
TexasAlcoholicBeverageCommissionhasapprovedthe
submittalofanapplicationforlicense;and
(iv)Thatthechiefofpolice/directorofpublicsafetyhas
reviewedtheSUPapplication.
(4)Additionaldevelopmentconditions/waivers. Thecouncilmayattach
additionaldevelopmentconditions, or grant specific waivers to
applicable code requirements,tothespecificusepermitthatthe
council,initsdiscretion,determinesareappropriateforbuffering,
safety,security,andcompatibilityforandto adjacentproperties.
(5)CriteriaandprocessingofSUP. Thefollowinggeneralconditions
applytoallspecificusepermits(SUP)allowing the sale of any
alcoholic beverages
(A)Theapplicantmustdesignandoperatetheestablishmentfor
whichanSUPissoughtin such a mannerthattheproposed
use oractual use ofthepremisesshallnotsubstantially
increasetrafficcongestionorcreateovercrowdinginthe
establishmentorintheimmediatelysurroundingarea
.
(B)Theapplicantmustcomplywithapplicablelicensingandpermit
provisionsoftheTexasAlcoholicBeverageCode,asamended
fromthedateoftheissuanceoftheSUPbythe town council.
(C)Asrequired,theapplicantshallbeartheburdenofshowingthat
theestablishmentdoesnotexceedthelimitationongross
receiptsfromthesalesofalcoholicbeveragesapplicabletoits
licenseandSUP.Theapplicantshallmaintainaccountingrecords
ofthesourcesofitsgrossrevenueandallowthetownto
inspectsuchrecordsduringreasonablebusinesshours.
(D)TheapplicantshalldemonstratethatthegrantingoftheSUP
wouldnotbedetrimentaltothepublichealth,safetyand/or
welfareofthecitizensofthetown.
(E)Theapplicantshall,atalltimes,providean adequatenumber
ofemployeesforsecuritypurposestoadequatelycontrolthe
establishmentpremisestopreventincidentsofdrunkenness,
disorderlyconductandraucousbehavior.Theapplicantshall
consultwiththechiefofpolice/directorofpublicsafetywho
shallactinanadvisorycapacitytodeterminethenumberof
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qualifiedemployeesnecessarytomeethis/herobligation
hereunder.
(F)Theestablishmentshallprovideadequateparkingspacesto
accommodateitsemployeesandpatrons.Providedhowever,the
numberofparkingspacesshallneverbelessthanthose
requiredforsimilarusesinthatzoningdistrictwherethe
establishmentislocated.
(G)Theapplicantshalloperatetheestablishmentinsuch a manner
astopreventexcessivenoise,dirt,litterandodorsinthe
establishmentandinthesurroundingareaandoperatethe
establishmentinsuch a mannerastominimizedisturbanceto
surroundingpropertyownersandincompliancewithall
applicabletownordinancesand statelaws.
(H)Unless specified as a condition of approval by the Town Council
for an SUP, aspecificusepermitissued for any alcoholic
beverage salesunderthisordinanceshall automatically
expire upon a change in use of the property, change of
ownership to the property and/or business and/or upon
the revocation, termination or expiration of the
certificate of occupancy.
(I)Allspecificusepermitsissuedunderthisordinanceshallbe
furtherconditionedthatthesamemaybediscontinuediftheuse
forwhichtheSUPwasgrantedceasestobeoperatedatthe
permittedlocationfor a minimumperiodofsix(6)continuous
months,orasotherwiseprovidedfortherevocationofSUPs,
asoutlinedinthecomprehensivezoningordinance,as
amended.
(6)DenialofSUP. ThetowncouncilmaydenyanSUPifitaffirmatively
determinesthattheissuanceof such SUP:
(A)Isincompatible withthesurrounding uses orproperty;or
(B)Isdetrimentaloroffensivetotheneighborhoodorcontrarytothe
health,safety,andgeneralwelfareofthetownand its
inhabitants;or
(C)Isfoundtobeinnoncompliancewithanytownordinances,
includingwithoutlimitationfailuretocomplywithanyoneormore
oftheprovisionsofthissection.
(f)Methodsfordeterminingdistancemeasurement.
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(1)Churchorpublichospital. Themeasurementofthedistance
betweentheplaceofbusinesswherealcoholicbeveragesaresold
and a churchorpublichospitalshallbealong thepropertylinesofthe
streetfrontsandfromfrontdoorto frontdoor,and in a directline
across intersections.
(2)Publicorprivateschool. Themeasurementofdistancebetweenthe
placeofbusinesswherealcoholicbeveragesare soldand apublicor
privateschoolshallbe:
(A)In a directlinefromthepropertylineofthepublicorprivate
schooltothepropertylineoftheplaceofbusiness,andin a
directlineacrossintersections;or
(B)Ifthepermitorlicenseholderislocatedonorabovethefifth
(5th)storyof a multistorybuilding,in a directlinefromthe
propertylineofthepublicorprivateschooltothepropertyline
oftheplaceofbusiness,in a directline across intersections,
andverticallyupthebuildingatthepropertylinetothebase of
theflooron whichthepermitorlicenseholderis located.
(g)Exceptiontodistancerequirements. Uponreceiptof a request,theplanning
andzoningcommissionwillconsiderandmake a recommendationto the town
counciltoconsideranexceptiontoreducethedistancerequirementcontainedin
this sectionandthetowncouncilshalltakefinalactiononsuch
recommendationbaseduponthecriteriaspecifiedherein below.
(1) A planningandzoningcommissionrecommendationtoreducethe
distancerequirementandfinalactionofthetowncounciltoallow
such reductionshallbebaseduponthefollowing.Thetowncouncil
mayallowanexceptionuponproofbytheapplicantthathe/she
meetsthefollowingcriteria:documentedapprovalfromsurrounding
propertyownerswithinthedistancerequirementsforwhichthe
exceptionissought;proofofpreliminaryapprovalfromtheTexas
AlcoholicBeverageCommission; a determinationbycouncilthatthe
enforcementoftheregulationsin a particularinstanceisnotinthe
bestinterestofthepublic;andafterconsiderationofthehealth,
safetyandwelfareofthepublicandtheequitiesofsuchregulation,
thecouncildeterminesthattheexceptionisinthebestinterestof
thecommunity.
(2)Thetowncouncilshallhavetheauthoritytograntanexceptionunder
thissectionfortemporaryspecialeventsafterreviewand
recommendationbythe planningandzoningcommission.Forsuch
events,boththeplanningandzoningcommissionandthetown
councilshallconsider:hoursoftheevent,impactonsurrounding
ORD 2016-45P&Z Page 10of 13
Town CouncilPage 149 of 201Meeting Date: October 11, 2016
area;estimatednumberofparticipants;personalandproperty
security; durationandother health,safetyandwelfareconsiderations
asdeemedappropriateandnecessarybythetown council.
(3)Noexceptionmaybegrantedhereunderexceptafter a public
hearingforwhichnoticehasbeengiventoownersofrealproperty
within300feet(or1,000feetifapplicable)ofthelocationofthe
proposedbusinessoroftheproposedlocationfortemporaryspecial
event.Suchnoticemustbegivennotlessthanten(10)daysbefore
the datesetforhearing.
(k)Specific use permitsand applicationsin existence as of October 11, 2016.Any
existing SUP for the sale of alcoholic beverages for on-premise consumptionfor
which the SUP was either issued, or for which an application was received,prior
to October 11, 2016 and said SUP has not expired,or said application has not
been approved by the Town Council,said establishment shall not sell alcoholic
beverages such that the gross receipts from alcohol sales exceed 50 percent all
gross receipts from all sales by the establishment. A new SUP must be granted
by the town council in compliance with the requirements of this section in order to
increase any alcohol-to-food-sales ratio for on-premise alcohol sales for any
existing establishmentand for any unapproved SUP where an active application
has been submitted.
(h) Possession orconsumptionprohibitedin certainareas.
(1)Athleticfields,parks,orpublicareas. Itshallbeunlawfulforany
persontopossessanopenalcoholicbeveragecontainerorconsume
any alcoholicbeverageinany townownedorcontrolledathleticfield
andallparkinglots servicing suchathleticfieldsexceptas
specificallyapprovedbythetowncouncil,ordinance,ortown
councilapprovedpolicywhichgovernssuchconduct.Itshallbe
unlawfulforanypersontopossessanopenalcoholicbeverage
containerorconsumeanyalcoholicbeverage,asdefinedbythe
TexasAlcoholicBeverageCodeinanytownownedorcontrolled
park,includingreservedarea(s)withinanypark,playground,recreation
centeroranyotherareainthetownownedorusedbythetownand
devotedtoactiveorpassiverecreation,includingallplanted
expressways,allparkinglotsservicingparksandpublicareas,
parkways,triangles,andtrafficislandsmaintainedbythetown except
asspecificallyapprovedbythetowncouncil,ordinance,ortown
councilapprovedpolicywhich governssuchconduct.
(2)Schoolsandschoolactivities. Itshallbeunlawfulforanypersonto
possessanopencontainerorconsumeanyalcoholicbeverageon
a publicstreet,publicalley,orpublicsidewalkwithin1,000feetof
thepropertylineof a facilitythatis a publicorprivateschool,
ORD 2016-45P&Z Page 11of 13
Town CouncilPage 150 of 201Meeting Date: October 11, 2016
including a parochialschool,thatprovidesalloranypartofpre-
kindergartenthroughtwelfthgradeinthebuildingsoronthegrounds
ofanypublicschoolinthetownlimitsoratanyschool-relatedactivity
conductedwithinthetownlimits.”
SECTION 5.
THAT in all respects the Land shall be subject to the applicable
regulations contained in the Comprehensive Zoning Ordinance and
all other applicable and pertinent ordinances and regulations of the
Town.
SECTION 6.
THAT 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 Ordinance whether such
Ordinances are codified or uncodified, and all other provisions of
the Ordinances of the Town of Trophy Club, codified or uncodified,
not in conflict with the provisions of this Ordinance, shall remain in
full force and effect. Notwithstanding the foregoing, any complaint,
action, cause of action or claim which prior to the effective date of
this Ordinance has been initiated or has arisen under or pursuant to
such repealed Ordinance(s) shall continue to be governed bythe
provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 7.
THAT it shall be unlawful for any person to violate any provision of
this Ordinance, and any person violating or failing to comply with
any provision hereof shall be fined, upon conviction, in an amount
not less 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 8.
THAT 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.
ORD 2016-45P&Z Page 12of 13
Town CouncilPage 151 of 201Meeting Date: October 11, 2016
SECTION 9.
THAT 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.
SECTION 10.
THAT the Town Secretary of the Town of Trophy Club is hereby
directed to engross and enroll this Ordinance by filing this
Ordinance in the ordinance records of the Town and in accordance
with the Town Charter.
SECTION 11.
THAT this Ordinance shall become effective from and after its date
of adoption and publication as provided by law, and it is so
ordained.
PASSED AND APPROVED
by the Town Council of the Town of Trophy Club,
Texas, this 11thday of October2016.
C.Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
ORD 2016-45P&Z Page 13of 13
Town CouncilPage 152 of 201Meeting Date: October 11, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-591-T Version:1 Name:
Type:Agenda Item Status:Public Hearing
File created:10/4/2016 In control:Town Council
On agenda:10/11/2016 Final action:
Title:Conduct a Public hearing regarding amendments to the Town of Trophy Club’s Code of Ordinances,
amending Section 14.02.103 - Use Table and amending Article 14.02 - Zoning Ordinance by creating
a new section to be called Section 14.02.356 - Solar Panel Systems in order to provide
comprehensive standards for the construction, placement and maintenance of solar panels in the
Town. Case ADM-16-14 (Staff).
Attachments:Staff Report - Solar Panel Regulations.pdf
Exhibit A – Proposed Solar Panel Regulations.pdf
Exhibit B – Area Municipal Survey of Current On-Premise Alcohol Regulations - July 2016.pdf
Exhibit C - Ordinance No. 2016-46 PZ Solar Panel Regulations.pdf
DateVer.Action ByActionResult
ConductaPublichearingregardingamendmentstotheTownofTrophyClub’sCodeofOrdinances,amendingSection
14.02.103-UseTableandamendingArticle14.02-ZoningOrdinancebycreatinganewsectiontobecalledSection
14.02.356-SolarPanelSystemsinordertoprovidecomprehensivestandardsfortheconstruction,placementand
maintenance of solar panels in the Town. Case ADM-16-14 (Staff).
Agenda Item No. 10
Town CouncilPage 153 of 201Meeting Date: October 11, 2016
To: Mayor and Town Council
From:Ron Ruthven, Town Planner
CC: Patrick Arata, Acting Town Manager
Holly Fimbres, Town Secretary/RMO
Re: ADM-16-14 - Addition of Solar Panel Regulations
Public Hearing and Regular Session
Town Council Meeting, October 11, 2016
Agenda Item:
Consider and take appropriate action regarding amendments to the Town of Trophy Club’s
Code of Ordinances, amending Section 14.02.103 - Use Table and amending Article 14.02 -
Zoning Ordinance by creating a new section to be called Section 14.02.356 - Solar Panel
Systems in order to provide comprehensive standards for the construction, placement and
maintenance of solar panels in the Town. Case ADM-16-14 (Staff).
Explanation:
On August 9, 2016 the Town Council directed staff to move forward with amendments to the
Code of Ordinances regarding the placement of solar panels in the Town. This direction was
based on a review of draft amendments provided by staff at the August 9th meeting. The
proposed amendments were drafted in response to an initial directive received from the Town
Council in January 2016.
Proposed Amendments:
Currently there are no regulations that address solar panels in the Code of Ordinances. The
regulations that are most related to solar panels are the roof shingle standards contained in
Section 3.06 – Roofing Requirements. Staff proposes to place the new regulations in Section 14
– Zoning as the regulations have significant site and aesthetic requirements similar to other
zoning provisions. The proposed regulations read as follows:
“Section 14.02.356 Solar Panel Systems
General purpose and description. The purpose of these regulations is to accommodate solar panel
systems in specific locations in the community while protecting the public's health, safety and welfare,
and to provide a permitting process for solar panel systems to ensure compliance with the requirements
and standards established in this section.
Page 1 of 5
Town CouncilPage 154 of 201Meeting Date: October 11, 2016
(a) Definitions. The following words and phrases shall have the meanings ascribed to them in this
section except where the context clearly indicates a different meaning:
1.Solar panel system and/or photovoltaic generating apparatus means a combination of
equipment and/or controls, accessories, interconnecting means and terminal elements for
the collection, storage and distribution of solar energy. Solar panel systems do not include
individually powered outdoor solar lights, such as garden lights, accent lights, security
lights, flood lights or small solar panels not to exceed 18” x18”.
2.Roof mounted systems means a solar energy system affixed to a principal or accessory
building.
3.Ground mounted systems means a solar panel system with a supporting framework that
is placed on, or anchored in, the ground and that is independent of any building or other
structure.
(b) Roof mounted systems. The following regulations shall apply to all roof mounted solar panel
systems:
1.A roof mounted system shall not project above the ridgeline of a pitched, gabled or gambrel roof
and shall be parallel to the roofline. No roof mounted system shall be installed greater than six
(6) inches between the panel and roof. Solar panels may not extend beyond roof edges.
2.A roof mounted system shall not exceed the maximum height permitted within the zoning district
system is located within; if the system is to be located on a flat roof such equipment shall be
completely screened from public view with screening which is the same as the architectural style
of the main structure.
3.The solar panel color shall match the roof color.
(c) Ground mounted systems. The following regulations shall apply to all ground mounted solar
panel systems:
1.Ground mounted systems shall not exceed eight feet in height.
2.Ground mounted systems shall not be located within the front yard and shall comply with all
zoning district setback and lot coverage requirements. Said system shall not be located in,
on or across a public easement unless authorized in writing by the easement holder.
3.Ground mounted systems shall be located behind the principal structure on the property and
shall be screened such that the system is not visible from a public or private street or from
any adjacent property.
(d) General Regulations. The following general regulations apply to all solar panel systems located
within any district:
Page 2 of 5
Town CouncilPage 155 of 201Meeting Date: October 11, 2016
1. Building Permit Required - A building permit must be obtained prior to the construction or
installation of a solar panel system. An application for building permit must be accompanied
by:
A. The appropriate permit fee as established in the Town’s Fee Schedule;
B. A site plan of the proposed solar panel system
C. A plan view layout of the proposed solar panel system clearly showing:
i. The location of the system;
ii. All components of the system;
iii. Distances to property lines;
iv. Identification of all easements and building setbacks;
v. Existing structures on the site;
vi. Screening, if required.
D. Elevation drawings showing:
i. The design and height of the proposed solar panel system; and
ii. Detailed drawings of all System components.
E. A line drawing of the electrical components of the System in sufficient detail to allow for
a determination that the manner of installation conforms to the National Electric\[al\]
Code. This information is frequently supplied by the manufacturer;
F. Standard installation drawings of the solar energy structure. An engineering analysis of
the system showing compliance with the adopted building code and certified by a
licensed professional engineer registered in the State of Texas shall also be submitted.
This analysis may be supplied by the manufacturer. Wet stamps shall not be required.
2. Construction Standards - solar panel systems must be installed according to the
manufacturer’s recommendations and under the seal of a professional engineer registered in
the State of Texas. Additionally, all components of a solar panel system shall comply with
applicable state and local building codes.
3. Primary Structure Required on Lot - A solar panel system may be erected on a lot only after a
primary structure has been constructed on the lot.
4. Signs - No advertising or other signs shall be allowed on a solar panel system.
5. Town Building Codes / Safety Standards - To ensure the structural integrity of a solar panel
system, the owner of such system must ensure that it is maintained in compliance with all
provisions of the Town of Trophy Club’s building code and zoning regulations. If, upon
Page 3 of 5
Town CouncilPage 156 of 201Meeting Date: October 11, 2016
inspection, the Town concludes that a solar panel system fails to comply with such codes and
regulations or constitutes a danger to persons or property, then upon written notice to the
owner of the solar panel system, the owner may have thirty (30) calendar days to bring such
System into compliance with applicable standards. Failure to bring such System into
compliance shall constitute grounds for the removal of the solar panel system at the owner’s
expense. This notice requirement shall not preclude immediate action by the Building Official
as allowed by law if public safety requires such action.
6. Maintenance - A solar panel system shall be maintained at all times, including, but not
limited to, maintaining structural integrity and anchoring of system components.
7. Removal of Unsafe Solar Panel System - Solar panel systems that have, due to damage, lack
of repair, or other circumstances, become unstable or pose a danger of collapse shall be
removed or brought into repair within 30 days following notice given by the Building Official.
If the System is not made safe or removed within 30 days of notification from the Town, the
Town may remove the solar panel system and place a lien upon the property for the costs of
the removal. However, the Building Official may order immediate action to prevent an
imminent threat to public safety or property.
8. Pre-existing solar panel systems and nonconforming uses. A solar panel system operative
prior to August 1, 2016 and which may not meet all the regulations of this section shall be
allowed to continue its present usage as a non-conforming use and shall be treated as a non-
conforming use in accordance with this chapter. Routine maintenance shall be permitted on
the existing system. New construction other than routine maintenance on an existing solar
panel system shall comply with the requirements of this article.
(e) Specific Use Permit. Any proposed system that fails to meet the minimum requirements of this
section may be authorized upon approval of a Specific Use Permit (SUP). Any SUP for which an
application is submitted under the authority of this section shall be considered on a case-by-case
basis and subject to the sole discretion of the Town Council upon the recommendation of the
Planning and Zoning Commission. The SUP application shall meet all requirements for SUP
applications as specified elsewhere in this Chapter.”
The proposed regulations are written to allow solar panel systems through only the issuance of
a building permit provided the system meets all requirements of the regulations. Otherwise,
the applicant would be required to apply for a specific use permit in order to have a system
approved that did not meet the minimum requirements of the regulations. The regulations
seek to balance the aesthetic expectations of the community while addressing the demand for
individual solar systems given increasing energy costs and current federal tax incentives.
Solar Panel Regulations In Other Municipalities:
Staff conducted a survey (attached) of local communities regarding their regulation of solar
panels. Out of ten local communities surveyed, four have specific solar panel regulations while
the others are like Trophy
Club with no specific regulations.
Page 4 of 5
Town CouncilPage 157 of 201Meeting Date: October 11, 2016
Public Notice Requirement:
As required by the zoning regulations, a notification of public hearings regarding this request
was published in the Fort Worth Star Telegram.
Planning And Zoning Commission Recommendation:
The Planning and Zoning Commission voted to approve this item on August 18, 2016 by a vote
of (6-0) subject to the following conditions:
1.Section a(1): add “and/or photovoltaic generating apparatus” after “solar panel
system” beginning the paragraph;
2.Section a(1): add “or small solar panels not to exceed 18” x 18” at the end of the
paragraph;
3.Section b(3): New sub-section to be worded: “The solar panel color shall match the
roof color”;
4.Section c(3): add “or from any adjacent property” to the end of the paragraph;
5.Section d(1)c(vi): New sub-section to be worded: “Screening, if required”
Staff Recommendation:
The proposed amendments are the culmination of previous reviews and direction received by
the Town Council and the Planning and Zoning Commission.
Therefore, staff recommends approval.
Attachments:
Exhibit A – Proposed Solar Panel Regulations
Exhibit B – Area Municipal Survey of Current On-Premise Alcohol Regulations - July 2016
Exhibit C – Ordinance No. 2016-46P&Z
Page 5 of 5
Town CouncilPage 158 of 201Meeting Date: October 11, 2016
Exhibit A
Section 14.02.356 Solar Panel Systems
General purpose and description. The purpose of these regulations is to accommodate solar
panel systems in specific locations in the community while protecting the public's health, safety
and welfare, and to provide a permitting process for solar panel systems to ensure compliance
with the requirements and standards established in this section.
(a)Definitions. The following words and phrases shall have the meanings ascribed to them in
this section except where the context clearly indicates a different meaning:
1.Solar panel systemand/or photovoltaic generating apparatusmeansa combination
of equipment and/or controls, accessories, interconnecting means and terminal
elements for the collection, storage and distribution of solar energy. Solar panel
systems do not include individually powered outdoor solar lights, such as garden
lights, accent lights, security lights, flood lightsor small solar panels not to exceed
18” x18”.
2.Roof mounted systems means a solar energy system affixed to a principal or
accessory building.
3.Ground mounted systems means a solar panel system with a supporting framework
that is placed on, or anchored in, the ground and that is independent of any building
or other structure.
(b)Roof mounted systems.The following regulations shall apply to all roof mounted solar
panel systems:
1.A roof mounted system shall not project above the ridgeline of a pitched, gabled or
gambrel roof and shall be parallel to the roofline. No roof mounted system shall be
installed greater than six (6) inches between the panel and roof. Solarpanelsmay not
extend beyond roof edges.
2.A roof mounted system shall not exceed the maximum height permitted within the zoning
district system is located within; ifthe system is to be locatedon a flat roof such
equipment shall be completely screened from public view with screening which is the
same as the architectural style of the main structure.
3.The solar panel color shall match the roof color.
(c)Ground mounted systems.The following regulations shall apply to all ground mounted
solar panel systems:
1.Ground mounted systems shall not exceed eightfeet in height.
Town CouncilPage 159 of 201Meeting Date: October 11, 2016
Exhibit A
2.Ground mounted systems shall not be located within the front yard and shall comply
with all zoning district setback and lot coverage requirements. Said system shall not
be located in, on or across a public easement unless authorized in writing by the
easement holder.
3.Ground mounted systems shall be located behind the principal structure on the
property and shall be screened such that the system is not visible from a public or
private streetor from any adjacent property.
(d)General Regulations.The following general regulations apply to all solar panel systems
located within any district:
1.Building Permit Required - A building permit must be obtained prior to the
construction or installation of a solar panel system. An application for building permit
must be accompanied by:
A.The appropriate permit fee as established in the Town’s Fee Schedule;
B.A site plan of the proposed solar panel system
C. A plan view layout of the proposed solar panel system clearly showing:
i.The location of the system;
ii. All components of the system;
iii. Distances to property lines;
iv. Identification of all easements and building setbacks;
v.Existing structures on the site;
vi. Screening, if required.
D. Elevation drawings showing:
i.The design and height of the proposed solar panel system; and
ii.Detailed drawings of all System components.
E. A line drawing of the electrical components of the System in sufficient detail to
allow for a determination that the manner of installation conforms to the National
Electric\[al\] Code. This information is frequently supplied by the manufacturer;
F. Standard installation drawings of the solar energy structure. An engineering
analysis of the system showing compliance with the adopted building code and
certified by a licensed professional engineer registered in the State of Texas shall
Town CouncilPage 160 of 201Meeting Date: October 11, 2016
Exhibit A
also be submitted. This analysis may be supplied by the manufacturer. Wet
stamps shall not be required.
2.Construction Standards - solar panel systems must be installed according to the
manufacturer’s recommendations and under the seal of a professional engineer
registered in the State of Texas. Additionally, all components of a solar panel system
shall comply with applicable state and local building codes.
3.PrimaryStructure Required on Lot - A solar panel system may be erected on a lot
only after a primary structure has been constructed on the lot.
4.Signs - No advertising or other signs shall be allowed on a solar panel system.
5.Town Building Codes /Safety Standards - To ensurethe structural integrity of a solar
panel system, the owner of such system must ensure that it is maintained in
compliance with all provisions of the Town of Trophy Club’s building code and
zoning regulations. If, upon inspection, the Town concludes that a solar panel system
fails to comply with such codes and regulations or constitutes a danger to persons or
property, then upon written notice to the owner of the solar panel system, the owner
may have thirty (30) calendar days to bring such System into compliance with
applicable standards. Failure to bring such System into compliance shall constitute
grounds for the removal of the solar panel system at the owner’s expense. This notice
requirement shall not preclude immediate action by the Building Official as allowed
by law if public safety requires such action.
6.Maintenance - A solar panel system shall be maintained at all times, including, but
not limited to, maintaining structural integrity and anchoring of system components.
7.Removal of Unsafe Solar Panel System - Solar panel systems that have, due to
damage, lack of repair, or other circumstances, become unstable or pose a danger of
collapse shall be removed or brought into repair within 30 days following notice
given by the Building Official. If the System is not made safe or removed within 30
days of notification from theTown, the Town may remove the solar panel system and
place a lien upon the property for the costs of the removal. However, the Building
Official may order immediate action to prevent an imminent threat to public safety or
property.
8.Pre-existing solar panel systems and nonconforming uses. A solar panel system
operative prior to August 1, 2016 and which may not meet all the regulations of this
section shall be allowed to continue its present usage as a non-conforming use and
shall be treated as a non-conforming use in accordance with this chapter. Routine
maintenanceshallbe permitted on the existing system. New construction other
Town CouncilPage 161 of 201Meeting Date: October 11, 2016
Exhibit A
than routine maintenance on an existing solar panel system shall comply with the
requirements of this article.
(e) Specific Use Permit.Any proposed system that fails to meet the minimum requirements
of this section may be authorized upon approval of a Specific Use Permit (SUP). Any
SUP for which an application is submitted under the authority of this section shall be
considered on a case-by-case basis and subject to the sole discretion of the Town Council
upon the recommendation of the Planning and Zoning Commission. The SUP application
shall meet all requirements for SUP applications as specified elsewhere in this Chapter.
Town CouncilPage 162 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2016-46P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SECTION 14.02, “ZONING ORDINANCE” BY CREATING A
NEW SECTION TO BE CALLED “SECTION 14.02.356 - SOLAR PANEL
SYSTEMS”, ANDSECTION 14.02.103, “USE TABLE”OF CHAPTER
14, “ZONING” OF THE TOWN OF TROPHY CLUB CODE OF
ORDINANCES;PROVIDING FOR THE INCORPORATION OF
PREMISES; 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; PROVIDINGA SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the Town of Trophy Club, Texas is a Home Rule Town acting under
its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS,
the Town of Trophy Clubdesires to amend Section 14.02, Zoning
Ordinance by creating a new section to be called “Section 14.02.356 – Solar Panel
Systems”, and Section 14.02.103,“Use Table”in the zoning regulations of the Code of
Ordinancesto provide comprehensive standards for the construction and placement of
solar panel systems in the Town; and
WHEREAS,
notice of a public hearing before the Town Councilwas published in
a newspaper of general circulation in Trophy Clubat least 15 days before such hearing.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
THAT the above and foregoing premises are true and correct and
are incorporated herein and made a part hereof for all purposes.
SECTION 2.
THAT Section 14.02, “Zoning Ordinance”,in the zoning regulations
of the Code of Ordinances, is hereby amendedby adding a new
section titled “Section 14.02.356 – Solar Panel Systems” to read as
follows:
Town CouncilPage 164 of 201Meeting Date: October 11, 2016
“Section 14.02.356Solar Panel Systems
General purpose and description. The purpose of these regulations is to accommodate
solar panel systems in specific locations in the community while protecting the public's
health, safety and welfare, and to provide a permitting process for solar panel systems
to ensure compliance with the requirements and standards established in this section.
(a)Definitions. The following words and phrases shall have the meanings ascribed
to them in this section except where the context clearly indicates a different
meaning:
1.Solar panel system and/or photovoltaic generating apparatus means a
combination of equipment and/or controls, accessories, interconnecting
means and terminal elements for the collection, storage and distribution of
solar energy. Solar panel systems do not include individually powered
outdoor solar lights, such as garden lights, accent lights, security lights,
flood lights or small solar panels not to exceed 18” x18”.
2.Roof mounted systems means a solar energy system affixed to a principal
or accessory building.
3.Ground mounted systems means a solar panel system with a supporting
framework that is placed on, or anchored in, the ground and that is
independent of any building or other structure.
(b)Roof mounted systems.The following regulations shall apply to allroof mounted
solar panel systems:
1.A roof mounted system shall not project above the ridgeline of a pitched, gabled
or gambrel roof and shall be parallel to the roofline. No roof mounted system
shall be installed greater than six (6) inches between the panel and roof. Solar
panelsmaynotextendbeyondroofedges.
2.A roof mounted system shall not exceed the maximum height permitted within
the zoning district system is located within; if the system is to be located on a flat
roof such equipment shall be completely screened from public view with
screening which is the same as the architectural style of the main structure.
3.The solar panel color shall match the roof color.
(c)Ground mounted systems.The following regulations shall apply to all ground
mounted solar panel systems:
1.Ground mounted systems shall not exceed eight feet in height.
ORD 2016-46P&Z Page 2 of 6
Town CouncilPage 165 of 201Meeting Date: October 11, 2016
2.Ground mounted systems shall not be located within the front yard and shall
comply with all zoning district setback and lot coverage requirements. Said
system shall not be located in, on or across a public easement unless
authorized in writing by the easement holder.
3.Ground mounted systems shall be located behind the principal structure on
the property and shall be screened such that the system is not visible from a
public or private street or from any adjacent property.
(d)General Regulations. The following general regulations apply to all solar panel
systems located within any district:
1. Building Permit Required - A building permit must be obtained prior to the
construction or installation of a solar panel system. An application for building
permit must be accompanied by:
A.The appropriate permit fee as established in the Town’s Fee Schedule;
B.A site plan of the proposed solar panel system
C.A plan view layout of the proposed solar panel system clearly showing:
i.The location of the system;
ii.All components of the system;
iii.Distances to property lines;
iv.Identification of all easements and building setbacks;
v. Existing structures on the site;
vi.Screening, if required.
D. Elevation drawings showing:
i.The design and height of the proposed solar panel system; and
ii.Detailed drawings of all System components.
E. A line drawing of the electrical components of the System in sufficient
detail to allow for a determination that the manner of installation conforms
to the National Electric\[al\] Code. This information is frequently supplied by
the manufacturer;
F. Standard installation drawings of the solar energy structure. An
engineering analysis of the system showing compliance with the adopted
building code and certified by a licensed professional engineer registered
in the State of Texas shall also be submitted. This analysis may be
supplied by the manufacturer. Wet stamps shall not be required.
2.Construction Standards - solar panel systems must be installed according to
the manufacturer’s recommendations and under the seal of a professional
engineer registered in the State of Texas. Additionally, all components of a
solar panel system shall comply with applicable state and local building
codes.
3.Primary Structure Required on Lot - A solar panel system may be erected on
a lot only after a primary structure has been constructed on the lot.
ORD 2016-46P&Z Page 3 of 6
Town CouncilPage 166 of 201Meeting Date: October 11, 2016
4.Signs - No advertising or other signs shall be allowed on a solar panel
system.
5.Town Building Codes / Safety Standards - To ensure the structural integrity of
a solar panel system, the owner of such system must ensure that it is
maintained in compliance with all provisions of the Town of Trophy Club’s
building code and zoning regulations. If, upon inspection, the Town concludes
that a solar panel system fails to comply with such codes and regulations or
constitutes a danger to persons or property, then upon written notice to the
owner of the solar panel system, the owner may have thirty (30) calendar
days to bring such System into compliance with applicable standards. Failure
to bring such System into compliance shall constitute grounds for the removal
of the solar panel system at the owner’s expense. This notice requirement
shall not preclude immediate action by the Building Official as allowed by law
if public safety requires such action.
6.Maintenance - A solar panel system shall be maintained at all times,
including, but not limited to, maintaining structural integrity and anchoring of
system components.
7.Removal of Unsafe Solar Panel System - Solar panel systems that have, due
to damage, lack of repair, or other circumstances, become unstable or pose a
danger of collapse shall be removed or brought into repair within 30 days
following notice given by the Building Official. If the System is not made safe
or removed within 30 days of notification from the Town, the Town may
remove the solar panel system and place a lien upon the property for the
costs of the removal. However, the Building Official may order immediate
action to prevent an imminent threat to public safety or property.
8.Pre-existing solar panel systems and nonconforming uses. A solar panel
system operative prior to August 1, 2016 and which may not meet all the
regulations of this section shall be allowed to continue its present usage as a
non-conforming use and shall be treated as a non-conforming use in
accordance with this chapter. Routine maintenance shall be permitted on
the existing system. New construction other than routine maintenance on an
existing solar panel system shall comply with the requirements of this article.
(e)Specific Use Permit. Any proposed system that fails to meet the minimum
requirements of this section may be authorized upon approval of a Specific Use
Permit (SUP). Any SUP for which an application is submitted under the authority
of this section shall be considered on a case-by-case basis and subject to the
sole discretion of the Town Council upon the recommendation of the Planning
and Zoning Commission. The SUP application shall meet all requirements for
SUP applications as specified elsewhere in this Chapter.”
ORD 2016-46P&Z Page 4 of 6
Town CouncilPage 167 of 201Meeting Date: October 11, 2016
SECTION 3.
THAT Section 14.02.103, “Use Table”, in the zoning regulations of
the Code of Ordinances, is hereby amended by adding the
following use: “Solar Panel Systems”. Said use shall be classified
as a permitted usein all zoning districtssubject to the requirements
contained in Section 14.02.356 – Solar Panel Systems, as stated
herein.
SECTION 4.
THAT in all respects the Land shall be subject to the applicable
regulations contained in the Comprehensive Zoning Ordinance and
all other applicable and pertinent ordinances and regulations of the
Town.
SECTION 5.
THAT 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 Ordinance whether such
Ordinances are codified or uncodified, and all other provisions of
the Ordinances of the Town of Trophy Club, codified or uncodified,
not in conflict with the provisions of this Ordinance, shall remain in
full force and effect. Notwithstanding the foregoing, any complaint,
action, cause of action or claim which prior to the effective date of
this Ordinance has been initiated or has arisen under or pursuant to
such repealed Ordinance(s) shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 6.
THAT it shall be unlawful for any person to violate any provision of
this Ordinance, and any person violating or failing to comply with
any provision hereof shall be fined, upon conviction, in an amount
not less 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 7.
THAT the sections, paragraphs, sentences, phrases, clauses and
words of this Ordinance areseverable, 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
ORD 2016-46P&Z Page 5 of 6
Town CouncilPage 168 of 201Meeting Date: October 11, 2016
such invalidity, which remaining portions shall remain in full force
and effect.
SECTION 8.
THAT 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.
SECTION 9.
THAT the Town Secretary of the Town of Trophy Club is hereby
directed to engross and enroll this Ordinance by filing this
Ordinance in the ordinance records of the Town and in accordance
with the Town Charter.
SECTION 10.
THAT this Ordinance shall become effective from and after its date
of adoption and publication as provided by law, and it is so
ordained.
PASSED AND APPROVED
by the Town Council of the Town of Trophy Club,
Texas, this 11thday of October 2016.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
ORD 2016-46P&Z Page 6 of 6
Town CouncilPage 169 of 201Meeting Date: October 11, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-592-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:10/4/2016 In control:Town Council
On agenda:10/11/2016 Final action:
Title:Consider and take appropriate action regarding amendments to the Town of Trophy Club’s Code of
Ordinances, amending Section 14.02.052 - General Definitions, Section 14.02.103 - Use Table and
Section 14.02.252 - Sale of Alcoholic Beverages in order to amend regulations regarding the sale of
alcoholic beverages in the Town. Case ADM-16-13 (Staff).
Attachments:
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingamendmentstotheTownofTrophyClub’sCodeofOrdinances,
amendingSection14.02.052-GeneralDefinitions,Section14.02.103-UseTableandSection14.02.252-Saleof
AlcoholicBeveragesinordertoamendregulationsregardingthesaleofalcoholicbeveragesintheTown.CaseADM-16-
13 (Staff).
Agenda Item No. 11
Town CouncilPage 170 of 201Meeting Date: October 11, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-593-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:10/4/2016 In control:Town Council
On agenda:10/11/2016 Final action:
Title:Consider and take appropriate action regarding amendments to the Town of Trophy Club’s Code of
Ordinances, amending Section 14.02.103 - Use Table and amending Article 14.02 - Zoning Ordinance
by creating a new section to be called Section 14.02.356 - Solar Panel Systems in order to provide
comprehensive standards for the construction, placement and maintenance of solar panels in the
Town. Case ADM-16-14 (Staff).
Attachments:
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingamendmentstotheTownofTrophyClub’sCodeofOrdinances,
amendingSection14.02.103-UseTableandamendingArticle14.02-ZoningOrdinancebycreatinganewsectiontobe
calledSection14.02.356-SolarPanelSystemsinordertoprovidecomprehensivestandardsfortheconstruction,
placement and maintenance of solar panels in the Town. Case ADM-16-14 (Staff).
Agenda Item No. 12
Town CouncilPage 171 of 201Meeting Date: October 11, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-582-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:10/1/2016 In control:Town Council
On agenda:10/11/2016 Final action:
Title:Consider and take appropriate action regarding proposed Town Council meeting dates for November
and December 2016 (Staff).
Attachments:Staff Report - November and December Council Meetings.pdf
November & December 2016 Calendar.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingproposedTownCouncilmeetingdatesforNovemberandDecember
2016 (Staff).
Agenda Item No. 13
Town CouncilPage 172 of 201Meeting Date: October 11, 2016
To: Mayor and Town Council
From:Holly Fimbres, Town Secretary/RMO
CC: Patrick Arata, Acting Town Manager
Steven Glickman, Assistant Town Manager/CFO
Re: November and December Council Meetings
Town Council Meeting, October 11, 2016
Agenda Item:
Consider and take appropriate action regarding proposed Town Council meeting dates for
November and December 2016 (Staff).
Explanation:
Staff believes that it could be appropriate to cancel the November 22nd and December 27th
Council meetings due to the holiday season and lack of agenda items during this timeframe.
Based on submittal dates and deadlines, there is a potential that the Final Plat for PD-30 could
be considered by Council on December 27th, butStaff would advise Council if any agenda items
came through that needed to be considered on either of those dates.
Attachments:
November and December 2016 Calendar
Page 1 of 1
Town CouncilPage 173 of 201Meeting Date: October 11, 2016
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Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-583-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:10/1/2016 In control:Town Council
On agenda:10/11/2016 Final action:
Title:Referred Agenda Item: Consider and take appropriate action regarding the award or rejection of the
proposal for Entryway Monumentation, Wayfinding, and Parks Signage for the Town of Trophy Club;
and authorizing the Town Manager or his designee to execute all necessary documents (Town
Council).
Attachments:Staff Report - Monumentation Signages.pdf
DateVer.Action ByActionResult
ReferredAgendaItem:Considerandtakeappropriateactionregardingtheawardorrejectionoftheproposalfor
EntrywayMonumentation,Wayfinding,andParksSignagefortheTownofTrophyClub;andauthorizingtheTown
Manager or his designee to execute all necessary documents (Town Council).
Agenda Item No. 14
Town CouncilPage 176 of 201Meeting Date: October 11, 2016
To: Mayor and Town Council
From:Holly Fimbres, Town Secretary/RMO
CC: Patrick Arata, Acting Town Manager
Steven Glickman, Assistant Town Manager/CFO
Re: Entryway Monumentation, Wayfinding, and Parks Signage
Town Council Meeting, October 11, 2016
Agenda Item:
Referred Agenda Item: Consider and take appropriate action regarding the award or rejection
of the proposal for Entryway Monumentation, Wayfinding, and Parks Signage for the Town of
Trophy Club; and authorizing the Town Manager or his designee to execute all necessary
documents (Town Council).
Explanation:
At the September 13, 2016 Council meeting, Council took action to form the Council Committee
appointing Council Member Shoffner, Council Member Rowe, and Council Member Reed to
meet with Staff and Design Workshop to finalize the proposal and bring back before the Council
within 30 days. The Council Committee is scheduled to discuss this item on October 11, 2016,
prior to the Council meeting. Staff recommends extending the 30 day deadline to finalize the
proposal if additional time is needed for review.
Page 1 of 1
Town CouncilPage 177 of 201Meeting Date: October 11, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-584-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:10/1/2016 In control:Town Council
On agenda:10/11/2016 Final action:
Title:Consider and take appropriate action regarding a Resolution of the Town Council adopting an
investment policy; and providing an effective date (Staff).
Attachments:Staff Report - Fiscal Year 2017 Investment Policy.pdf
RES 2016-31 - Fiscal Year 2017 Investment Policy.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingaResolutionoftheTownCounciladoptinganinvestmentpolicy;and
providing an effective date (Staff).
Agenda Item No. 15
Town CouncilPage 178 of 201Meeting Date: October 11, 2016
To: Mayor and Town Council
From:Steven Glickman, Assistant Town Manager/CFO
CC: Patrick Arata, Acting Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Town of Trophy Club Annual Investment Policy Review
Town Council Meeting, October 11, 2016
Agenda Item:
Consider and take appropriate action regarding a Resolution of the Town Council adopting an
investment policy; and providing an effective date (Staff).
Explanation:
The Public Funds Investment Act (PFIA) requires that the Town’s Investment Committee
(consisting of the Town Manager, Assistant Town Manager/CFO/Investment Officer, and
Controller) meet at least annually to discuss and update, if necessary, the Town’s Investment
Policy. The Town’s Investment Committee met on October 5, 2016 and reviewed the policy in
accordance with the PFIA. Overall, the policy remains strong and complies with the PFIA. There
are no proposed changes to the policy at this time.
Attachments:
RES 2016-31 – Fiscal Year 2017 Investment Policy
Recommendation:
Staff recommends Council approval the resolution adopting the Town Investment Policy as
recommended by the Investment Committee.
Page 1 of 1
Town CouncilPage 179 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB
RESOLUTION NO. 2016-31
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS REPEALING RESOLUTION NO. 2015-32AND
APPROVING A NEW RESOLUTIONADOPTING AN INVESTMENT
POLICY FOR FUNDS FOR THE TOWN OF TROPHY CLUB, A COPY
OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN
AS EXHIBIT “A”; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
onOctober 13, 2015by passage of Resolution 2015-32, the Town
Council adoptedan Investment Policy;and
WHEREAS
, by passage of this Resolution,the Town Council hereby repeals
Resolution No. 2015-32in itsentirety and adopts this Resolution adopting a new
Investment Policy; and
WHEREAS
, the Town Council has reviewed the Investment Policy attached
hereto as Exhibit A, for compliance with the Public Funds Investment Act, Texas
Government Code Chapter 2256. et seq.; and
WHEREAS
, upon consideration, the Town Council finds and determines it to be
in the best interests of the Town to adopt Exhibit “A” as the Town’s Investment Policy.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB:
Section 1
.That Resolution No. 2015-32ishereby repealed in itsentirety.
Section 2.
That the Town Council has reviewed the attached Investment Policy,
which contains investment strategies and policiesthat the Council has determined to be
beneficial to the Townand hereby adopts the attached Investment Policyset forth in
Exhibit “A”, a copy of which is attached hereto and incorporated herein in its entirety.
Section 3.
That the Assistant Town Manager/CFOis hereby designated as the
Town’s primary investment officer to perform the functions required by the attached
policy, and the investment officer is hereby authorized to perform the functions required
under the Investment Policyand Chapter 2256of the Texas Government Code.
Section 4.
That this Resolution shall take effect immediately upon its passage
and approval.
Town CouncilPage 180 of 201Meeting Date: October 11, 2016
PASSED and APPROVED
by the Town Council of the Town of Trophy Club, Texas
onthis 11th day of October2016.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
RES 2016-31 Page 2 of 3
Town CouncilPage 181 of 201Meeting Date: October 11, 2016
EXHIBIT A
RES 2016-31 Page 3 of 3
Town CouncilPage 182 of 201Meeting Date: October 11, 2016
TOWN OF TROPHY CLUB
INVESTMENT POLICY
I. POLICY
It is the policy of the Town of Trophy Club that after allowing for the anticipated cash flow requirements of
the Town of Trophy Club and giving due consideration to the safety and risk of investment, all available
funds shall be invested in conformance with these legal and administrative guidelines, seeking to optimize
interest earnings to the maximum extent possible.
Effective cash management is recognized as essential to good fiscal management. Investment interest is
a source of revenue to Trophy Club funds. Trophy Club’s investment portfolio shall be designed and
managed in a manner designed to maximize this revenue source, to be responsive to public trust, and to
be in compliance with legal requirements and limitations.
Investments shall be made with the primary objectives of:
Safety and preservation of principal
Maintenance of sufficient liquidity to meet operating needs
Public trustfrom prudent investment activities
Optimization ofinterest earnings on the portfolio
II. PURPOSE
The purpose of this investment policy is to comply with Chapter 2256 of the Government Code (“Public
Funds Investment Act”), which requires the Town of Trophy Club to adopt a written investment policy
regarding the investment of its funds and funds under its control. The Investment Policy addresses the
methods, procedures and practices that must be exercised to ensure effective and judicious fiscal
management of Trophy Club’s funds.
III. SCOPE
This Investment Policy shall govern the investment of all financial assets of the Town of Trophy Club.
These funds are accounted for in the Town of Trophy Club’s Comprehensive Annual Financial Report
(CAFR) and include:
General Fund
Special Revenue Funds
Capital Projects Funds
ProprietaryFunds
Debt Service Funds, including reserves and sinking funds, to the extent not required by law or
existing contract to be kept segregated and managed separately
Any new fund created by the Town of Trophy Club, unless specifically exempted from this Policy by
the Town Council or by law.
The Town of Trophy Club consolidates fund cash balances to maximize investment earnings. Investment
income will be allocated to the various funds based on their respective participation and in accordance
with generally accepted accounting principles.
This Investment Policy shall apply to all transactions involving the financial assets and related activity for
all the foregoing funds. However, this policy does not apply to the assets administered for the benefit of
the Town of Trophy Club by outside agencies under deferred compensation programs.
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Town CouncilPage 183 of 201Meeting Date: October 11, 2016
IV. INVESTMENT OBJECTIVES
The Town of Trophy Club shall manage and invest its cash with four primary objectives, listed in order of
priority: safety, liquidity, public trust, and yield, expressed as optimization of interest earnings. The safety
of the principal invested always remains the primary objective. All investments shall be designed and
managed in a manner responsive to the public trust and consistent with state and local law.
The Town of Trophy Club shall maintain a comprehensive cash management program, which includes
collection of accounts receivable, vendor payments in accordance with theTown’s purchasing policies,
and prudentinvestment of available cash. Cash management is defined as the process of managing
monies in order to insure maximum cash availability and maximum earnings on short-term investment of
idle cash.
Safety \[()()\]
PFIA 2256.005b2
Safety of principal is the foremost objective of the investment program. Investments shall be undertaken
in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be
to mitigate credit and interest rate risk.
Credit Risk and Concentration of Credit Risk –The Town of Trophy Club will minimize credit risk, the
risk of loss due to the failure of the issuer or backer of the investment, and concentration of credit risk,
the risk of loss attributed to the magnitude of investment in a single issuer, by:
Limiting investments to the safest types of investments
Pre-qualifying the financial institutions and broker/dealers with which the Town of Trophy Club will
do business
Diversifying the investment portfolio so that potential losses on individual issuers will be
minimized.
Interest Rate Risk – the Town of Trophy Club will manage the risk that the interest earnings and the
market value of investments in the portfolio will fall due to changes in general interest rates by limiting
the maximum weighted average maturity of the investment portfolio to 365 days. The Town of Trophy
Club will, in addition,:
Structure the investment portfolio so that investments mature to meet cash requirements for
ongoing operations, thereby avoiding the need to liquidate investments prior to maturity.
Invest operating funds primarily in certificates of deposit, shorter-term securities, money market
mutual funds, or local government investment pools functioning as money market mutual funds.
Diversify maturities and staggering purchase dates to minimize the impact of market movements
over time.
Liquidity \[()()\]
PFIA 2256.005b2
The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be
reasonably anticipated. This is accomplished by structuring the portfolio so that investments mature
concurrent with cash needs to meet anticipated demands. Because all possible cash demands cannot be
anticipated, a portion of the portfolio will be invested in shares of money market mutual funds or local
government investment pools that offer same-day liquidity. In addition, a portion of the portfolio will
consist of securities with active secondary or resale markets.
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Town CouncilPage 184 of 201Meeting Date: October 11, 2016
Public Trust
All participants in the Town of Trophy Club’s investment process shall seek to act responsibly as
custodians of the public trust. The investment officer shall avoid any transaction that might impair public
confidence in the Town of Trophy Club’s ability to govern effectively.
Yield (Optimization of Interest Earnings) \[()()\]
PFIA 2256.005b3
The investment portfolio shall be designed with the objective of attaining a market rate of return
throughout budgetary and economic cycles, taking into account the investment risk constraints and
liquidity needs. Return oninvestment is of secondary importance compared to the safety and liquidity
objectives described above.
V. INVESTMENT STRATEGY STATEMENTS
The Town of Trophy Club portfolio will be structured to benefit from anticipated market conditions and to
achieve areasonable return. Relative value among asset groups shall be analyzed and pursued as part
of the investment program within the restrictions set forth by the investment policy.
The Town of Trophy Club maintains portfolios which utilize four specific investment strategy
considerations designed to address the unique characteristics of the fund groups represented in the
portfolios.
Operating Funds
Suitability - All investments authorized in the Investment Policy are suitable for Operating Funds.
Preservation and Safety of Principal - All investments shall be high quality securities with no perceived
default risk.
Liquidity - Investment strategies for the pooled operating funds have as their primary objective to assure
that anticipated cash flows are matched with adequate investment liquidity. The dollar-weighted average
maturity of operating funds, based on the stated final maturity date of each security, will be calculated and
limited to one year or less. Constant $1 net asset value investment poolsand money market mutual
funds shall be an integral component in maintaining daily liquidity. Investments for these funds shall not
exceed an 18-month period from date of purchase.
Marketability - Securities with active and efficient secondary markets will be purchased in the event of an
unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on
anticipated needs. Investment risks will be reduced through diversification among authorized
investments.
Yield - The Town’s objective is to attain a competitive market yield for comparable securities and portfolio
constraints. The benchmark for Operating Funds shall be the 91 day Treasury bill.
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Town CouncilPage 185 of 201Meeting Date: October 11, 2016
Reserve and Deposit Funds
Suitability - All investments authorized in the Investment Policy are suitable for Reserve and Deposit
Funds.
Preservation and Safety of Principal - All investments shall be high quality securities with no perceived
default risk.
Liquidity - Investment strategies for reserve and deposit funds shall have as the primary objective the
ability to generate a dependable revenue stream to the appropriate reserve fund from investments with a
low degree of volatility. Except as may be required by the bond ordinance specific to an individual issue,
investments should be of high quality, with short-to-intermediate-term maturities. The dollar-weighted
average maturity of reserve and deposit funds, based on the stated final maturity date of each security,
will be calculated and limited to two years or less.
Marketability - Securities with active and efficient secondary markets will be purchased in the event of an
unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on
anticipated needs. Investment risks will be reduced through diversification among authorized
investments.
Yield - The Town’s objective is to attain a competitive market yield for comparable securities and portfolio
constraints. The benchmark for Reserve and Deposit Funds shall be the 91 day Treasury bill.
Bond and Certificate Capital Project Funds and Special Purpose Funds
Suitability - All investments authorized in the Investment Policy are suitable for Bond and Certificate
Capital Project Funds and Special Purpose Funds.
Preservation and Safety of Principal - All investments shall be high quality securities with no perceived
default risk.
Liquidity - Investment strategies for bond and certificate capital project funds,special projects and special
purpose funds portfolios will have as their primary objective to assure that anticipated cash flows are
matched with adequate investment liquidity. The stated final maturity dates of investments held should
not exceed the estimated project completion date or a maturity of no greater than three years. The dollar-
weighted average maturity of bond and certificate capital project funds and special purpose funds, based
on the stated final maturity date of each security, will be calculated and limited to two years or less.
Marketability - Securities with active and efficient secondary markets will be purchased in the event of an
unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on
anticipated needs. Investment risks will be reduced through diversification among authorized
investments.
Yield - The Town’s objective is to attain a competitive market yield for comparable securities and portfolio
constraints. The benchmark for Bond and Certificate Capital Project Funds and Special Purpose Funds
shall be the 91 day Treasury bill. A secondary objective of these funds is to achieve a yield equal to or
greater than the arbitrage yield of the applicable bond or certificate.
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Town CouncilPage 186 of 201Meeting Date: October 11, 2016
Debt Service Funds
Suitability - All investments authorized in the Investment Policy are suitable for Debt Service Funds.
Preservation and Safety of Principal - All investments shall be high quality securities with no perceived
default risk.
Liquidity - Investment strategies for debt service funds shall have as the primary objective the assurance
of investment liquidity adequate to cover the debt service obligation on the required payment date.
Securities purchased shall not have a stated final maturity date which exceeds the debt service payment
date. The dollar-weighted average maturity of debt service funds, based on the stated final maturity date
of each security, will be calculated and limited to one year or less.
Marketability - Securities with active and efficient secondary markets will be purchased in the event of an
unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on
anticipated needs.Investment risks will be reduced through diversification among authorized
investments.
Yield - The Town’s objective is to attain a competitive market yield for comparable securities and portfolio
constraints. The benchmark for Debt Service Funds shall be the 91 day Treasury bill.
VI. RESPONSIBILITY AND CONTROL
Delegation of Authority \[()\]
PFIA 2256.005f
In accordance with the Town of Trophy Club and the Public Funds Investment Act, the Town Council
designates the Assistant Town Manager/CFOasthe Town of Trophy Club’s Investment Officer. The
Investment Officer is authorized to execute investment transactions on behalf of the Town of Trophy Club
and may designate a secondary investment officer to act in his/her absence. No other person may
engage in an investment transaction or the management of the Town of Trophy Club funds except as
provided under the terms of this Investment Policy. The investment authority granted to the investing
officer is effective until rescinded.
Quality and Capability of Investment Management \[)()\]
PFIA 2256.005(b3
The Town of Trophy Club shall provide periodic training in investments for the designated investment
officers and other investment personnel through courses and seminars offered by professional
organizations, associations, and other independent sources in order to insure the quality and capability of
investment management in compliance with the Public Funds Investment Act.
Training Requirement \[ – \]
PFIA 2256.008Local Governments
In accordance with the Town of Trophy Club and the Public Funds Investment Act, designated Investment
Officers shall attend an investment training session no less often than once every two years and shall
receive not less than 8hours of instruction relating to investment responsibilities. A newly appointed
Investment Officer must attend a training session of at least 10 hours of instruction within twelve months
of the date the officer took office or assumed the officer’s duties. The investment training session shall be
provided by an independent source. For purposes of this policy, an “independent source” from which
investment training shall be obtained shall include a professional organization, an institution of higher
education or any other sponsorother than a business organization with whom the Town of Trophy Club
may engage in an investment transaction.
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Town CouncilPage 187 of 201Meeting Date: October 11, 2016
Internal Controls ()
Best Practice
The Investment Officer is responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the Town of Trophy Club are protected from loss, theft, or misuse.
The internal control structure shall be designed to provide reasonable assurance that these objectives are
met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed
the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and
judgments by management.
Accordingly, the Investment Officer shall establish a process for annual independent review by an
external auditor to assure compliance with policies and procedures. The internal controls shall address
the following points.
Control of collusion.
Separation of transactions authority from accounting and record keeping.
Custodial safekeeping.
Avoidance of physical delivery securities.
Clear delegation of authority to subordinate staff members.
Written confirmation for telephone (voice) transactions for investments and wire transfers.
Development of a wire transfer agreement with the depository bank or third party custodian.
Investment Policy Certification \[()\]
PFIA 2256.005k-l
A qualified representative,as defined by PFIA section 2256.002(10), of all investment providers, including
financial institutions, banks, money market mutual funds, and local government investment pools, must
sign a certification acknowledging that the organization has received and reviewed the Town of Trophy
Club’s investmentpolicy and that reasonable procedures and controls have been implemented to
preclude investment transactions that are not authorized by the Town of Trophy Club’s policy.
Prudence \[\]
PFIA 2256.006
The standard of prudence to be applied by the InvestmentOfficer shall be the “prudent investor” rule.
This rule states that “Investments shall be made with judgment and care, under circumstances then
prevailing, which persons of prudence, discretion and intelligence exercise in the management of their
own affairs, not for speculation, but for investment, considering the probable safety of their capital as well
as the probable income to be derived.” In determining whether an Investment Officer has exercised
prudence with respect to an investment decision, the determination shall be made taking into
consideration:
The investment of all funds, or funds under the Town of Trophy Club’s control, over which the officer
had responsibility rather than a consideration as to the prudence of a single investment.
Whether the investment decision was consistent with the written approved investment policy of the
Town of Trophy Club.
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Town CouncilPage 188 of 201Meeting Date: October 11, 2016
Indemnification
The Investment Officer, acting in accordance with written procedures and exercising due diligence, shall
not be held personally responsible for a specific investment’s credit risk or market price changes,
provided that these deviations are reported immediately and the appropriate action is taken to control
adverse developments.
Ethics and Conflicts of Interest \[()\]
PFIA 2256.005i
Officers and employees involved in the investment process shall refrain from personal business activity
that would conflict with the proper execution and management of the investment program, or that would
impair their ability to make impartial decisions. Employees and Investment Committee (see Section XIII)
members shall disclose any material interests in financial institutions with which they conduct business.
They shall further disclose any personal financial/investment positions that could be related to the
performance of the investment portfolio. Employees and Investment Committee members shall refrain
from undertaking personal investment transactions with the same individual with which business is
conducted on behalf of the Town of Trophy Club.
An Investment Committee member of the Town of Trophy Club who has a personal business relationship
with an organization seeking to sell an investment to the Town of Trophy Club shall file a statement
disclosing that personal business interest. An Investment Committee member who is related within the
second degree by affinity or consanguinity to an individual seeking to sell an investment to the Town of
Trophy Club shall file a statement disclosing that relationship. A statement required under this subsection
must be filed with the Texas Ethics Commission and the Town Council.
VII. SUITABLE AND AUTHORIZED INVESTMENTS
Portfolio Management
The Town of Trophy Club currently has a “buy and hold” portfolio strategy. Maturity dates are matched
with cash flow requirements and investments are purchased with the intent to be held until maturity.
However, investments may be liquidated prior to maturity for the following reasons:
An investment with declining credit may be liquidated early to minimize loss of principal.
Cash flow needs of the Town of Trophy Club require that the investment be liquidated.
Investments \[()()()\]
PFIA 2256.005b4A
Trophy Club funds governed by this policy may be invested in the instruments described below, all of
which are authorized by Chapter 2256 of the Government Code (Public Funds Investment Act).
Investment of Town of Trophy Club funds in any instrument or security not authorized for investment
under the Act is prohibited. The Town of Trophy Club will not be requiredto liquidate an investment that
becomes unauthorized subsequent to its purchase.
I.Authorized
1.Obligations of the United States of America, its agencies and instrumentalities.
2.Certificates of Deposit issued by a depository institution that has its main office or a branch office
in Texas. The certificate of deposit must be guaranteed or insured by the Federal Deposit
Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its
successor and secured by obligations in a manner and amount as provided by law. In addition,
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Town CouncilPage 189 of 201Meeting Date: October 11, 2016
certificates of deposit obtained through a depository institution that has its main office or a branch
office in Texas and that contractually agrees to place the funds in federally insured depository
institutions in accordance with the conditions prescribed in Section 2256.010(b) of the Public
Funds Investment Act are authorized investments.Additionally, funds invested by the Town
through a broker that has amain office or branch office in Texas and is selected from a list
approved by the Town as required by section 2656.025of the Public Funds Investment Act or a
depository institution that has a main office or branch office in Texas and is selected by the Town
are authorized investments if the following conditions are met:
a. the broker or depository institution selected by the Town as specified above arranges
for the deposit of the funds in certificates of deposit in one or more federally insured
depository institutions, wherever located, for the account of the Town;
b. the full amount of the principal and accrued interest of each of the certificates of
deposit is insured by the United States or an instrumentality of the United States; and
c. the Town appoints a depository bank or a clearing brokerregisteredwith the
Securities and ExchangeCommission Rule 15c-3 (17CFR, Section240 15c3-3) as
custodian for the Townwith respect to the certificates of deposit issued for account to
the Town.
3.Fully collateralized direct repurchase agreements with a defined termination date secured by
obligations of the United States or its agencies and instrumentalities. These shall be pledged to
the Town of Trophy Club, held in the Town of Trophy Club’s name, and deposited at the time the
investment is made with the Town of Trophy Club or with a third party selected and approved by
the Town of Trophy Club. Repurchase agreements must be purchased through a primary
government securities dealer, as defined by the Federal Reserve, or a financial institution doing
business in Texas. A Master Repurchase Agreement must be signed by the bank/dealer prior to
investment in a repurchase agreement. All repurchase agreement transactions will be on a
delivery vs. payment basis. Securities received for repurchase agreements must have a market
value greater than or equal to 102 percent at the time fundsare disbursed.(Sweep Accounts
and/or Bond Proceeds)
4.No-Load Money Market Mutual funds that: 1) are registered and regulated by the Securities and
Exchange Commissionand provide a prospectus and other information required by the Securities
and ExchangeAct of 1934 (15U.S.C. Section 78a) or the Investment Company Act of 1940 (15
U.S.C. Section 80a-1), 2) have a dollar weighted average stated maturity of 90 days or less, 3)
seek to maintain a net asset value of $1.00 per share, and 4) invest in securitiesauthorized by
this investment policy.
5.Local government investment pools, which 1) meet the requirements of Chapter 2256.016 of the
Public Funds Investment Act, 2) are rated no lower than AAA or an equivalent rating by at least
one nationally recognized rating service, and 3) are authorized by resolution or ordinance by the
Town Council. In addition, a local government investment pool created to function as a money
market mutual fund must mark its portfolio to the market daily and, to the extent reasonably
possible, stabilize at $1.00 net assetvalue.
If an Investment in the Town’s portfolio becomes an unauthorized investment due to changes in the
Investment Policy or the Public Funds Investment Act, or an authorized investment is rated in a way that
causes it to become an unauthorized investment the investment committeeof the Town shall review the
investment and determine whether it would be more prudent to hold the investment until its maturity, or to
redeem the investment.The investment committee shall consider the time remaining until maturity of the
investment, the quality of the investment, and the quality and amounts of any collateral which may be
securing theinvestment in determining the appropriate steps to take. (PFIA 2256.021) Additionally,
Trophy Club is not required to liquidate investments that were authorized at the time of purchase. (PFIA
2256.017)
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Town CouncilPage 190 of 201Meeting Date: October 11, 2016
II.Not Authorized \[()()\]
PFIA 2256.009b1-4
Investments including interest-only or principal-only strips of obligations with underlying mortgage-backed
security collateral, collateralized mortgage obligations with an inverse floating interest rate or a maturity
date of over 10 years are strictly prohibited.
VIII. INVESTMENT PARAMETERS
Maximum Maturities \[()()()\]
PFIA 2256.005b4B
The longer the maturity of investments, the greater their price volatility. Therefore, it is the Town of
Trophy Club’s policy to concentrate its investment portfolio in shorter-term securities in order to limit
principal risk caused by changes in interest rates.
The Town of Trophy Club attempts to match its investments with anticipated cash flow requirements. The
Town of Trophy Club will not directly invest in securities maturing more than two years from the date of
purchase; however, the above described obligations, certificates, or agreements may be collateralized
using longer dated investments.
Because no secondary market exists for repurchase agreements, the maximum maturity shall be 120
days except in the case of a flexible repurchase agreement for bond proceeds. The maximum maturity
for such an investment shall be determined in accordance with project cash flow projections and the
requirements of the governing bond ordinance.
The composite portfolio will have a weighted average maturity of 365 days or less. This dollar-weighted
average maturity will be calculated using the stated final maturity dates of each security. \[PFIA
2256.005(b)(4)(C)\]
Diversification \[()()\]
PFIA 2256.005b3
The Town of Trophy Club recognizes that investment risks can result from issuer defaults, market price
changes or various technical complications leading to temporary illiquidity. Risk is managed through
portfolio diversification that shall be achieved by the following general guidelines:
Limiting investments to avoid overconcentration in investments from a specific issuer or business
sector (excluding U.S. Treasury securities and certificates of deposit that are fully insured and
collateralized in accordance with state and federal law),
Limiting investment in investments that have higher credit,
Investing in investments with varying maturities, and
Continuously investing a portion of the portfolio in readily available funds such as local government
investment pools (LGIPs), money market funds or overnight repurchase agreements to ensure that
appropriate liquidity is maintained in order to meet ongoing obligations.
IX. SELECTION OF BANKS AND DEALERS
Depository
At least every five years a Depository shall be selected through the Town of Trophy Club’s banking
services procurement process, which shall include a formal request for proposal (RFP). The selection of
a depository will be determined by competitive bid and evaluation of bids will be based on the following
selection criteria:
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Town CouncilPage 191 of 201Meeting Date: October 11, 2016
The ability to qualify as a depository for public funds in accordance with state law.
The ability to provide requested information or financial statements for the periods specified.
The ability to meet all requirements in the banking RFP.
Complete response to all required items on the bid form
Lowest net banking service cost, consistent with the ability to provide an appropriate level of service.
The credit worthiness and financial stability of the bank.
Authorized Brokers/Dealers \[\]
PFIA 2256.025
The Town of Trophy Club Investment Committee (see Section XIII) shall, at least annually, review, revise,
and approve a list of qualified broker/dealers and financial institutions authorized to engage in securities
transactions with the Town of Trophy Club. Those firms that request to become qualified bidders for
securities transactions will be required to provide a completed broker/dealer questionnaire that provides
information regarding creditworthiness, experience and reputation, and 2) a certification stating the firm
has received, read and understood the Town of Trophy Club’s investment policy and agree to comply with
the policy. Authorized firms may include primary dealers or regional dealers that qualify under Securities
& Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule), and qualified depositories. All
investment providers, including financial institutions, banks, money market mutual funds, and local
government investment pools, must sign a certification acknowledging that the organization has received
and reviewed the Town of Trophy Club’s investment policy and that reasonable procedures and controls
have been implemented to preclude investment transactions that are not authorized by the Town of
Trophy Club’s policy. \[PFIA 2256.005(k-l)\]
Competitive Bids
It is the policy of the Town of Trophy Club to require a minimum of two (2) quotes for all individual security
purchases and sales except for: a)transactions withno-load money market mutual funds and local
government investment poolsand b) treasury and agency securitiespurchased at issue through an
approved broker/dealer or financial institution. The investment officer shall develop and maintain
procedures for ensuring competition in the investment of the Town of Trophy Club’s funds.
Delivery vs. Payment \[()()()\]
PFIA 2256.005b4E
Securities shall be purchased using the delivery vs. payment method with the exception of investment
pools and mutual funds. Funds will be released after notification that the purchased security has been
received.
X. CUSTODIAL CREDIT RISK MANAGEMENT
Safekeeping and Custodial Agreements
The Town of Trophy Club shall contract with a bank or banks for the safekeeping of securities either
owned by the Town of Trophy Club as part of its investment portfolio or held as collateral to secure
demand or time deposits. Securities owned by the Town of Trophy Club shall be held in the Town of
Trophy Club’s name as evidenced by safekeeping receipts of the institution holding the securities.
Collateral for deposits will be held by a third party custodian designated by the Town of Trophy Club and
pledged to the Town of Trophy Club as evidenced by safekeeping receipts of the institution with which the
collateral is deposited. Original safekeeping receipts shall be obtained. Collateral may be held by the
depository bank’s trust department, a Federal Reserve Bankor branch of a Federal Reserve Bank, a
Federal Home Loan Bank, or a third party bank approved by the Town of Trophy Club.
Collateral Policy \[\]
PFCA 2257.023
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Town CouncilPage 192 of 201Meeting Date: October 11, 2016
Consistent with the requirements of the Public Funds Collateral Act, it is the policy of the Town of Trophy
Club to require full collateralization of all Town of Trophy Club funds on deposit with a depository bank,
other than investments. In order to anticipate market changes and provide a level of security for all funds,
the collateralization level will be 102% of market value of principal and accrued interest on the deposits or
investments less an amount insured by the FDIC. At its discretion, the Town of Trophy Club may require a
higher level of collateralization for certain investment securities. Securities pledged as collateral shall be
held by an independent third party with whom the Town of Trophy Club has a current custodial
agreement. The Investment Officer is responsible for entering into collateralization agreements with third
party custodians in compliance with this Policy. The agreements are to specify the acceptable investment
securities for collateral, including provisions relating to possession of the collateral, the substitution or
release of investment securities, ownership of securities, and the method of valuation of securities. A
clearly marked evidence of ownership (safekeeping receipt) must be supplied to the Town of Trophy Club
and retained. Collateral shall be reviewed at least monthly to assure that the market value of the pledged
securities is adequate.
Collateral Defined
The Town of Trophy Club shall accept only the following types of collateral:
Obligations of the United States or its agencies and instrumentalities
Direct obligations of the state of Texas or its agencies and instrumentalities
Collateralized mortgage obligations directly issued by a federal agency or instrumentality of the
United States, the underlying security for which is guaranteed by an agency or instrumentality of the
United States
Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as
to investment quality by a nationally recognized rating firm not less than A or its equivalent with a
remaining maturity of ten (10) years or less
A surety bond issued by an insurance company rated as to investment quality by a nationally
recognized rating firm not less than A
A letter of credit issued to the Town of Trophy Club by the Federal Home Loan Bank
Subject to Audit
All collateral shall be subject to inspection and audit by the Investment Officer or his/her designee,
includingthe Town of Trophy Club’s independent auditors.
XI. PERFORMANCE
Performance Standards
The Town of Trophy Club’s investment portfolio will be managed in accordance with the parameters
specified within this policy. The portfolio shall be designed with the objective of obtaining a rate of return
through budgetary and economic cycles, commensurate with the investment risk constraints and the cash
flow requirements of the Town of Trophy Club.
Performance Benchmark
It is the policy of the Town of Trophy Club to purchase investments with maturity dates coinciding with
cash flow needs. Through this strategy, the Town of Trophy Club shall seek to optimize interest earnings
utilizing allowable investments available on the market at that time. Market value will be calculated on a
quarterly basis on all securities owned and compared to current book value. The Town of Trophy Club’s
portfolio shall be designed with the objective of regularly meeting or exceeding the average rate of return
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Town CouncilPage 193 of 201Meeting Date: October 11, 2016
on U.S. Treasury Billsat a maturity level comparable to the Town of Trophy Club’s weighted average
maturity in days.
XII. REPORTING ()
PFIA 2256.023
Methods
The Investment Officer shall prepare an investment report on a quarterly basis that summarizes
investment strategies employed in the most recent quarter and describes the portfolio in terms of
investment securities, maturities, and shall explain the total investment return for the quarter.
The quarterly investment report shall include a summary statement of investment activity prepared in
compliance with generally accepted accounting principles. This summary will be prepared in a manner
that will allow the Town of Trophy Club to ascertain whether investment activities during the reporting
period have conformed to the Investment Policy. The report will be provided to the Town Council. The
report will include the following:
A listing of individual securities held at the end of the reporting period.
Unrealized gains or losses resulting from appreciation or depreciation by listing the beginning and
ending book and market value of securities for the period.
Additions and changes to the market value during the period.
Average weighted yield to maturity of portfolio as compared to applicable benchmark.
Listing of investments by maturity date.
Fully accrued interest for the reporting period
The percentage of the total portfolio that each type of investment represents.
Statement of compliance of the Town of Trophy Club’s investment portfolio with state law and the
investment strategy and policy approved by the Town Council.
An independent auditor will perform a formal annual review of the quarterly reports with the results
reported to the governing body \[PFIA 2256.023(d)\].
Monitoring Market Value \[()()()\]
PFIA 2256.005b4D
Market value of all securities in the portfolio will be determined on a quarterly basis. These values will be
obtained from a reputable and independent source and disclosed to the governing body quarterly in a
written report.
XIII. INVESTMENT COMMITTEE
Members
An Investment Committee, consisting of the Town Manager, the Investment Officer, and the Secondary
Investment Officer, shall review the Town’s investment strategies and monitor the results of the
investment program at least quarterly. This review can be done by reviewing the quarterly written reports
and by holding committee meetings as necessary. The committee will be authorized to invite other
advisors to attend meetings as needed.
Scope
The Investment Committee shall include in its deliberations such topics as economic outlook, investment
strategies, portfolio diversification, maturity structure, potential risk to the Town’s funds, evaluation and
12
Town CouncilPage 194 of 201Meeting Date: October 11, 2016
authorization of broker/dealers, rate of return on the investment portfolio, and review of compliance with
the investment policy. The Investment Committee will also advise the Town Council of any future
amendments to the investment policy that are deemed necessary or recommended.
Procedures
The investment policy shall require the Investment Committee to provide minutes of investment
information discussed at any meetings held. The committee shall meet at least annually to discuss the
investment program and policy.
XIV. INVESTMENT POLICY ADOPTION \[()\]
PFIA 2256.005e
The Town of Trophy Club’s investment policy shall be adopted by resolution of the Town Council. It is the
Town of Trophy Club’s intent to comply with state laws and regulations. The Town of Trophy Club’s
investment policy shall be subject to revisions consistent with changing laws, regulations, and needs of
the Town of Trophy Club. The Town Council shall adopt a resolution stating that it has reviewed the
policy and investment strategies not less than annually, approving any changes or modifications.
13
Town CouncilPage 195 of 201Meeting Date: October 11, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-603-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:10/6/2016 In control:Town Council
On agenda:10/11/2016 Final action:
Title:Discussion of and provide direction to Town Staff regarding organizing and conducting an annual
Memorial Day and Veterans Day ceremony; discussion of same (N. Sanders and J. Parrow).
Attachments:
DateVer.Action ByActionResult
DiscussionofandprovidedirectiontoTownStaffregardingorganizingandconductinganannualMemorialDayand
Veterans Day ceremony; discussion of same (N. Sanders and J. Parrow).
Agenda Item No. 16
Town CouncilPage 196 of 201Meeting Date: October 11, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-587-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:10/1/2016 In control:Town Council
On agenda:10/11/2016 Final action:
Title:Discussion of items for Future Agendas to include agenda items for consideration on the upcoming
Regular Session Council Agenda for October 25, 2016 and items from the Town Council Future
Agenda Items list, to include discussion of the below item (Staff).
A)Item No. 3 - Detail review of the nuisance ordinance. (Rowe 4/12/2016) (1-July 12, 2016) (2-
October 11, 2016)
B)Item No. 4 - Discussion of PD 21 (Plaza Shopping Center) related to signage specific to
window signs. (Sanders 7/12/2016) (1-October 11, 2016)
C)Item No. 5 - Consider repealing Section 14.02.253(3)(A) related to tree houses. (Shoffner
7/12/2016) (1-October 11, 2016)
Attachments:October 25, 2016 Upcoming Agenda.pdf
Items for Future Agendas updated 10-5-2016.pdf
DateVer.Action ByActionResult
DiscussionofitemsforFutureAgendastoincludeagendaitemsforconsiderationontheupcomingRegularSession
CouncilAgendaforOctober25,2016anditemsfromtheTownCouncilFutureAgendaItemslist,toincludediscussionof
the below item (Staff).
A)Item No. 3 - Detail review of the nuisance ordinance. (Rowe 4/12/2016) (1-July 12, 2016) (2-October 11, 2016)
B)ItemNo.4-DiscussionofPD21(PlazaShoppingCenter)relatedtosignagespecifictowindowsigns.(Sanders
7/12/2016) (1-October 11, 2016)
C)ItemNo.5-ConsiderrepealingSection14.02.253(3)(A)relatedtotreehouses.(Shoffner7/12/2016)(1-October
11, 2016)
Agenda Item No. 17
Town CouncilPage 197 of 201Meeting Date: October 11, 2016
Meeting Date 10/25/2016
Announcements & Reports
No.
Acting Town Manager Arata's update regarding the following; discussion and
1Town Mgr
provide input regarding same (Staff).
Town Council Liaison Updates; discussion of same:
2Town Sec
STAFF
No. ConsentRESORDPROCFile IDDept
RPT
Consider and take appropriate action regarding the Special Session Minutes
3Town Sec
dated September 19, 2016 (Staff).
Consider and take appropriate action regarding the Joint Session Minutes dated
4Town Sec
September 19, 2016 (Staff).
Consider and take appropriate action regarding the Regular Session Minutes
5Town Sec
dated September 27, 2016 (Staff).
Consider and take appropriate action regarding financial and variance report
6Finance
dated September 2016 (Staff).
STAFF
No. Regular SessionRESORDPROCFile IDDept
RPT
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 November 8, 2016 and
Town Sec
7
items from the Town Council Future Agenda Items list (Staff).
STAFF
No. 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
8Town Sec
executive session to discuss the following:
STAFF
No. Regular SessionRESORDPROCFile IDDept
RPT
Consider and take appropriate action regarding the Executive Session.
9Town Sec
Town CouncilPage 198 of 201Meeting Date: October 11, 2016
Town Council Future Agenda Items List
(Updated 10/5/2016)
1. 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.
9/19/2016 – This item was scheduled to be placed on a future Joint Meeting agenda,
tentatively for January 2017, with the TCMUD No. 1 Board of Directors.
2. 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) (3-December
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.
9/13/2016 – Mayor Sanders received consensus to leave this item due to the upcoming
construction of the sound wall. Town Manager Seidel advised that it could be accomplished
through a tri-city partnership with Westlake and Roanoke.
3. Detail review of the nuisance ordinance. (Rowe 4/12/2016) (1-July 12, 2016)(2-October11,
2016)
7/12/2016 - Town Staff are continuing to work on this item.
4. Discussion of PD 21 (Plaza Shopping Center) related to signage specific to window signs.
(Sanders 7/12/2016) (1-October 11, 2016)
8/23/2016 - Development Services Manager Cooke advised that the Town had sent letters to
the tenants of PD 21 requesting removal of the window signage and have communicated
with the property owner to proceed with an ordinance change.
5. Consider repealing Section 14.02.253(3)(A) related to tree houses. (Shoffner 7/12/2016)
(1-October 11, 2016)
6.Consider establishing who will beresponsible for organizing and conducting an annual
Memorial Day ceremony at Medlin Cemetery and an annual Veterans Day ceremony at the
Veterans Memorial. (Parrow 9/27/2016) (1-December 27, 2016)
7.Review of any conflicts within the golf cart ordinance (Ordinance No. 2016-23) related to
allowing motorized carts to travel on all park and linear trails. (Lamont 9/27/2016) (1-
December 27, 2016)
Page 1 of 1
Town CouncilPage 199 of 201Meeting Date: October 11, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-588-T Version:1 Name:
Type:Agenda Item Status:Executive Session
File created:10/1/2016 In control:Town Council
On agenda:10/11/2016 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 under Subsection (1) to discuss or deliberate the
appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer
or employee:
1.Town Manager position search
2.Town Boards and Commissions
B)Section 551.071 Consultation with Attorney under Subsection (2) on a matter in which the
duty of the attorney to the Governmental Body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act; Section 551.087
Deliberations regarding Economic Development Negotiations under Subsection (2) to discuss or
deliberate the offer of financial or other incentives to a business prospect; and Section 551.072
Deliberation regarding Real Property to deliberate the purchase, exchange, lease, or value of real
property if deliberation in an open meeting would have a detrimental effect on the position of the
governmental body in negotiations with a third person:
Legal advice regarding the Purchase or Transfer of Property and Economic Development Incentives
Attachments:
DateVer.Action ByActionResult
PursuanttothefollowingdesignatedsectionoftheTexasGovernmentCode,Annotated,Chapter551(TexasOpen
Meetings Act), the Council will convene into executive session to discuss the following:
A)Section551.074PersonnelMattersunderSubsection(1)todiscussordeliberatetheappointment,employment,
evaluation, reassignment, duties, discipline or dismissal of a public officer or employee:
1.Town Manager position search
2.Town Boards and Commissions
B)Section551.071ConsultationwithAttorneyunderSubsection(2)onamatterinwhichthedutyoftheattorneyto
theGovernmentalBodyundertheTexasDisciplinaryRulesofProfessionalConductoftheStateBarofTexasclearly
conflictwiththeOpenMeetingsAct;Section551.087DeliberationsregardingEconomicDevelopmentNegotiations
underSubsection(2)todiscussordeliberatetheofferoffinancialorotherincentivestoabusinessprospect;and
Section551.072DeliberationregardingRealPropertytodeliberatethepurchase,exchange,lease,orvalueofreal
propertyifdeliberationinanopenmeetingwouldhaveadetrimentaleffectonthepositionofthegovernmentalbody
in negotiations with a third person:
Legal advice regarding the Purchase or Transfer of Property and Economic Development Incentives
Agenda Item No. 18
Town CouncilPage 200 of 201Meeting Date: October 11, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-589-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:10/1/2016 In control:Town Council
On agenda:10/11/2016 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.
Agenda Item No. 19
Town CouncilPage 201 of 201Meeting Date: October 11, 2016