Agenda Packet TC 05/23/2017
!" (" ) *+,"#'$-
!"#$#%&' ()#*+
,)-%./ 0'!12 ,+3&4 56767
.//0&!1"21/!34
!"# $!%&'
$/=34, ".4,">? ">;@99:;;"<.56 )/".$!&%&*4'"7$&'3&!1"7 4)3) 8
#2AA" B"BCDEC"2FD"2FFBGF#E"2"HGBCG.
IFJB#2 IBF
<AEDKE5
! "#$"% !&%'( ")#")* "+, -&(%'". %!/
! "#$"% !&%'( ")#")* "0 1%2". %!/
@L
89:#"#4;)&;#-" -< =&;. -< =<<#$+ &"9 %)+4+";&;#-" -< 0+);#<#$&;+4 -< >'+$;#-" ;- 0? @#$A
>;@9M>;NM
B&"9+)42 &/-)2 8'#$#& C'+!)/2 0-!"$#' +:1+) D'&$+ @-? 2 &"9 >)#$ E+"4+"2 0-!"$#'
+:1+) D'&$+ @-? 7 FB;&<<G?
!"#$ %&
B;&;+:+"; -< 8%%-#";+9 =<<#$+) H 0? @#$A B&"9+)4?%9<
=&;. -< =<<#$+ H 0? @#$A B&"9+)4?%9<
0+);#<#$&;+ -< >'+$;#-" H 0? @#$A B&"9+)4?%9<
B;&;+:+"; -< 8%%-#";+9 =<<#$+) H 8'#$#& C'+!)/?%9<
=&;. -< =<<#$+ H 8'#$#& C'+!)/?%9<
0+);#<#$&;+ -< >'+$;#-" H 8'#$#& C'+!)/?%9<
B;&;+:+"; -< 8%%-#";+9 =<<#$+) H >)#$ E+"4+"?%9<
=&;. -< =<<#$+ H >)#$ E+"4+"?%9<
0+);#<#$&;+ -< >'+$;#-" H >)#$ E+"4+"?%9<
>L
I+:&)A4 ;- &"9 <)-: #"$-:#"J 0-!"$#' +:1+)4 FB;&<<G?
>;@9M>;OM
#I IPEF"<CE5EF 2 IBF5
0*&2"&2"%'"#33#-)4'&)5"$#-"(&)&6 '2")#"% - 22")* "7#4'(& "#'"%'5",%)) -"8* )* -"#-"'#)"&)"
&2"3#2) "#'")* "%! ' %/""0* "7#4'(& "&2"'#)"3 -,&)) ")#")%9 "%()&#'"#'"#-" &2(422"%'5"
3- 2 ')%)&#'2",% ")#")* "7#4'(& "%)")*&2")&, "(#'( -'&'!"%'"&) ,"'#)" &2) "#'")* "
%! ' %/""0* "7#4'(& "8& "* %-"3- 2 ')%)&#'2"#'"23 (&$&("%! ' %"&) ,2"3-&#-")#")* "
7#4'(& "% - 22&'!")*#2 "&) ,2/":#4",%5"23 %9"43")#"$#4-";<=",&'4) 2"#-")* ")&, " &,&)"
) -,&' ">5")* "?%5#-"#-"3- 2& &'!"#$$&( -/""0#"23 %9" 4-&'!")*&2"&) ,"5#4",42)"
(#,3 ) ")* "@3 %9 -A2"$#-,")*%)"&'( 4 2")* ")#3&(;2="#$"5#4-"2)%) , ')/""0#3&(2"#$"
3- 2 ')%)&#'"2*#4 "> " &,&) ")#",%)) -2"#B -"8*&(*")* "7#4'(& "*%2"%4)*#-&)5/
Town CouncilPage 1 of 203Meeting Date: May 23, 2017
!"# $!%&'.//0&!1"21/!34.4,">? ">;@9
2FFBGF#E.EF 5"2FD"CE<BC 5
?L
I+$+#*+ ,-K" &"&J+) 0'&44L !%9&;+ )+J&)9#"J ;.+ <-''-K#"J2 9#4$!44#-" &"9 %)-*#9+
>;@9M>;QM
#"%!; )+J&)9#"J 4&:+ FB;&<<GM
,-K" 0-::!"#;/ B&<+;/ I&"A#"J
D.-;- (#)+$;-)/
N#)#"J D)-$+44
0-::!"#;/ >*+";4
#BF5EF "2KEFD2
+ ",%)) -2" &2) "%2"7#'2 ')"+! ' %"%- "(#'2& - ")#"> "-#4)&' ">5")* "0#8'"7#4'(& "
%' "8& "> " '%() ">5"#' ",#)&#'/"0* - "8& "'#)"> "%"2 3%-%) " &2(422&#'"#$")* 2 "
&) ,2/"C$" &2(422&#'"&2" 2&- D")*%)"&) ,"8& "> "- ,#B "$-#,")* "(#'2 ')"%! ' %"%' "
8& "> "(#'2& - "2 3%-%) 5/
NL
0-"4#9+) &"9 ;&A+ &%%)-%)#&;+ &$;#-" )+J&)9#"J ;.+ ,-K" 0-!"$#' I+J!'&) B+44#-"
>;@9M>;RM
#"!;+4 9&;+9 8%)#' 7O2 7 5 FB;&<<G?
!"#$ %&
,0 I+J!'&) B+44#-" #"!;+4 8%)#' 7O2 7 5?%9<
OL
0-"4#9+) &"9 ;&A+ &%%)-%)#&;+ &$;#-" )+J&)9#"J <#"&"$#&' &"9 *&)#&"$+ )+%-); 9&;+9 8%)#'
>;@9M>;SM
7 5 FB;&<<G?
!"#$ %&
C#"&"$#&' I+%-); 8%)#' CP 5?%9<
8'' C!"9 Q!9J+; I+%-); H 8DIRS 7 5?%9<
QL
0-"4#9+) &"9 ;&A+ &%%)-%)#&;+ &$;#-" )+J&)9#"J &" =)9#"&"$+ &%%)-*#"J & "+J-;#&;+9
>;@9M>@;M
4+;;'+:+"; 1+;K++" ;.+ 8;:-4 0#;#+4 B;++)#"J 0-::#;;++ FT80B0UG &"9 8;:-4 >"+)J/
0-)%?2 #9H,+3 (#*#4#-" )+J&)9#"J ;.+ 0-:%&"/V4 7 5 I&;+ I+*#+K +$.&"#4: <#'#"J4W
9+$'&)#"J +3#4;#"J )&;+4 ;- 1+ !")+&4-"&1'+W &9-%;#"J ;&)#<<4 ;.&; )+<'+$; )&;+
&9X!4;:+";4 $-"4#4;+"; K#;. ;.+ "+J-;#&;+9 4+;;'+:+";W <#"9#"J ;.+ )&;+4 ;- 1+ 4+; 1/ ;.+
4+;;'+:+"; ;&)#<<4 ;- 1+ X!4; &"9 )+&4-"&1'+ &"9 #" ;.+ %!1'#$ #";+)+4;W )+Y!#)#"J
)+$-"$#'#&;#-" &"9 )&;+ &9X!4;:+";4 #< <+9+)&' #"$-:+ ;&3 )&;+4 $.&"J+W ;+):#"&;#"J ;.+
II %)-$+44 <-) 7 Z %+"9#"J )+"+J-;#&;#-" -< II ;+):4 &"9 $-"9#;#-"4W )+Y!#)#"J
;.+ 0-:%&"/ ;- )+#:1!)4+ 80B0V4 )+&4-"&1'+ )&;+:&A#"J +3%+"4+4W 9+;+):#"#"J ;.&;
;.#4 -)9#"&"$+ K&4 %&44+9 #" &$$-)9&"$+ K#;. ;.+ )+Y!#)+:+";4 -< ;.+ ,+3&4 =%+"
++;#"J4 8$;W &9-%;#"J & 4&*#"J4 $'&!4+W 9+$'&)#"J &" +<<+$;#*+ 9&;+W &"9 )+Y!#)#"J
9+'#*+)/ -< ;.#4 -)9#"&"$+ ;- ;.+ 0-:%&"/ &"9 ;.+ 80B0V4 '+J&' $-!"4+' FB;&<<G?
!"#$ %&
B;&<< I+%-); H 8;:-4 >"+)J/ 0-)%?2 #9H,+3 (#*#4#-" B+;;'+:+";?%9<
=I( 7 5H \[ H B+;;'+:+"; 1+;K++" 80B0 &"9 8;:-4 >"+)J/ #9H,+3 )+4-'*#"J ;.+ 7 5 II ?%9<
9L
0-"4#9+) &"9 ;&A+ &%%)-%)#&;+ &$;#-" )+J&)9#"J &" R";+)'-$&' D!)$.&4#"J 8J)++:+";
>;@9M>@@M
1+;K++" ;.+ ,-K" &"9 ;.+ 0#;/ -< B-!;.'&A+ <-) ;.+ %!)$.&4+ -< J--94 &"9 4+)*#$+4W
&"9 &!;.-)#\\#"J ;.+ &/-) -) .#4 9+4#J"++ ;- +3+$!;+ &'' "+$+44&)/ 9-$!:+";4 FB;&<<G?
!"#$ %&
B;&<< I+%-); H B-!;.'&A+ R";+)'-$&' D!)$.&4#"J 8J)++:+";?%9<
B-!;.'&A+ R";+)'-$&' D!)$.&4#"J 8J)++:+";?%9<
Town CouncilPage 2 of 203Meeting Date: May 23, 2017
!"# $!%&'.//0&!1"21/!34.4,">? ">;@9
RL
0-"4#9+) &"9 ;&A+ &%%)-%)#&;+ &$;#-" )+J&)9#"J &" R";+)'-$&' 0--%+)&;#-" 8J)++:+";
>;@9M>>>M
1+;K++" ;.+ ,-K" &"9 (+";-" 0-!";/ <-) D!1'#$ B&<+;/ 8%%'#$&;#-" B!%%-); &"9
&#";+"&"$+ <-) ;.+ D-'#$+ (+%&);:+";W &"9 &!;.-)#\\#"J ;.+ &/-) -) .#4 9+4#J"++ ;-
+3+$!;+ &'' "+$+44&)/ 9-$!:+";4 FB;&<<G?
!"#$ %&
B;&<< I+%-); H D-'#$+ (+%&);:+"; D!1'#$ B&<+;/ 8%%'#$&;#-" B!%%-); \] &#";+"&"$+?%9<
(+";-" 0-!";/ RS8 <-) D-'#$+ (+%&);:+"; D!1'#$ B&<+;/ 8%%'#$&;#-" B!%%-); \] &#";+"&"$+?%9<
SL
0-"4#9+) &"9 ;&A+ &%%)-%)#&;+ &$;#-" )+J&)9#"J &" R";+)'-$&' 0--%+)&;#-" 8J)++:+";
>;@9M>>?M
1+;K++" ;.+ ,-K" &"9 (+";-" 0-!";/ <-) D!1'#$ B&<+;/ 8%%'#$&;#-" B!%%-); &"9
&#";+"&"$+ <-) ;.+ C#)+ (+%&);:+";W &"9 &!;.-)#\\#"J ;.+ &/-) -) .#4 9+4#J"++ ;-
+3+$!;+ &'' "+$+44&)/ 9-$!:+";4 FB;&<<G?
!"#$ %&
B;&<< I+%-); H C#)+ (+%&);:+"; D!1'#$ B&<+;/ 8%%'#$&;#-" B!%%-); \] &#";+"&"$+?%9<
(+";-" 0-!";/ RS8 <-) C#)+ (+%&);:+"; D!1'#$ B&<+;/ 8%%'#$&;#-" B!%%-); \] &#";+"&"$+?%9<
@;L
0-"4#9+) &"9 ;&A+ &%%)-%)#&;+ &$;#-" )+J&)9#"J & I+Y!#4#;#-" I+Y!+4; <-) %)-$!)+:+";
>;@9M>>NM
-< )&9#- +Y!#%:+"; 1+;K++" ;.+ ,-K" &"9 -;-)-'& B-'!;#-"4 <-) -%+)&;#-"4 #" ;.+ C#)+
(+%&);:+";W &"9 &!;.-)#\\#"J ;.+ &/-) -) .#4 9+4#J"++ ;- +3+$!;+ &'' "+$+44&)/
9-$!:+";4 FB;&<<G?
!"#$ %&
B;&<< I+%-); H I&9#- >Y!#%:+"; I+Y!#4#;#-" I+Y!+4;?%9<
I+Y!#4#;#-" I+Y!+4;?%9<
^!-;+?%9<
CEKGA2C"5E55IBF
@@L
0-"4#9+) &"9 ;&A+ &%%)-%)#&;+ &$;#-" )+J&)9#"J &" =)9#"&"$+ &!;.-)#\\#"J ;.+ #44!&"$+
>;@9M>@?M
-< ,-K" -< ,)-%./ 0'!12 ,+3&42 0-:1#"&;#-" ,&3 &"9 I+*+"!+ 0+);#<#$&;+4 -<
=1'#J&;#-"2 B+)#+4 7 5W '+*/#"J & ;&32 &"9 %)-*#9#"J <-) ;.+ 4+$!)#;/ <-) &"9 %&/:+"; -<
4	 $+);#<#$&;+4W &K&)9#"J ;.+ 4&'+ -< ;.+ $+);#<#$&;+4W &!;.-)#\\#"J ;.+ +3+$!;#-" &"9
9+'#*+)/ -< & D&/#"J 8J+"; 8J)++:+";W &%%)-*#"J ;.+ =<<#$#&' B;&;+:+";W +"&$;#"J -;.+)
%)-*#4#-"4 )+'&;#"J ;- ;.+ 4!1X+$;W &"9 9+$'&)#"J &" +<<+$;#*+ 9&;+ FB;&<<G?
!"#$ %&
B;&<< I+%-); H R44!&"$+ -< 0-:1#"&;#-" ,&3 &"9 I+*+"!+ 0=4?%9<
=I( 7 5H _ H R44!&"$+ -< 0-:1#"&;#-" ,&3 &"9 I+*+"!+ 0=4?%9<
@>L
0-"4#9+) &"9 ;&A+ &%%)-%)#&;+ &$;#-" )+J&)9#"J ;.+ &$$+%;&"$+ -< ;.+ 8!9#; <-) ;.+
>;@9M@R@M
,-K" -< ,)-%./ 0'!12 C#4$&' P+&) 7 6 FB;&<<G?
!"#$ %&
B;&<< I+%-); H 8!9#; `%9&;+?%9<
Town CouncilPage 3 of 203Meeting Date: May 23, 2017
!"# $!%&'.//0&!1"21/!34.4,">? ">;@9
@?L
>;@9M>@9M #4=/"BM2.DM@9M;;@"T )//"U $=/=V
&?0-"9!$; & D!1'#$ N+&)#"J )+J&)9#"J & )+Y!+4; ;- &:+"9 B+$;#-" _? 7? O72
Ta+"+)&' (+<#"#;#-"4U2 B+$;#-" _? 7? O7 +";#;'+9 Ta+"+)&' (+<#"#;#-"4U -< (#*#4#-" 72
+";#;'+9 T(+<#"#;#-"4U -< 8);#$'+ _? 7 +";#;'+9 Tb-"#"J =)9#"&"$+U -< 0.&%;+) _
+";#;'+92 Tb-"#"JU -< ;.+ ,-K" -< ,)-%./ 0'!1 0-9+ -< =)9#"&"$+4 ;- #"$'!9+ &
9+<#"#;#-" -< T,)++ N-!4+UW &"9 8:+"9 B!14+$;#-"4 F GF8GF##G2 F GF8GF*G2 &"9 F6GF8G
-< B+$;#-" _? 7?7O\[ +";#;'+9 T8$$+44-)/ B;)!$;!)+4 &"9 `4+4U -< (#*#4#-" O2
+";#;'+9 TB!%%'+:+";&)/ (#4;)#$; I+J!'&;#-"4U -< 8);#$'+ _? 7 +";#;'+9 Tb-"#"J
=)9#"&"$+U -< 0.&%;+) _ +";#;'+92 Tb-"#"JU -< ;.+ ,-K" -< ,)-%./ 0'!1 0-9+ -<
=)9#"&"$+4 ;- #"$-)%-)&;+ ;.+ )+J!'&;#-" -< ,)++ N-!4+4W &"9 I+%+&' B!14+$;#-"
F\[GF8G -< B+$;#-" _? 7?7O\[ +";#;'+9 T8$$+44-)/ B;)!$;!)+4 &"9 `4+4U -< (#*#4#-" O2
+";#;'+9 TB!%%'+:+";&)/ (#4;)#$; I+J!'&;#-"4U -< 8);#$'+ _? 7 +";#;'+9 Tb-"#"J
=)9#"&"$+U -< 0.&%;+) _ +";#;'+92 Tb-"#"JU ;- &''-K <-) ,)++ N-!4+4 F,-K"
0-!"$#'G?
1?0-"4#9+) &"9 ;&A+ &%%)-%)#&;+ &$;#-" )+J&)9#"J & )+Y!+4; ;- &:+"9 B+$;#-"
_? 7? O72 Ta+"+)&' (+<#"#;#-"4U2 B+$;#-" _? 7? O7 +";#;'+9 Ta+"+)&' (+<#"#;#-"4U -<
(#*#4#-" 72 +";#;'+9 T(+<#"#;#-"4U -< 8);#$'+ _? 7 +";#;'+9 Tb-"#"J =)9#"&"$+U -<
0.&%;+) _ +";#;'+92 Tb-"#"JU -< ;.+ ,-K" -< ,)-%./ 0'!1 0-9+ -< =)9#"&"$+4 ;-
#"$'!9+ & 9+<#"#;#-" -< T,)++ N-!4+UW &"9 8:+"9 B!14+$;#-"4 F GF8GF##G2 F GF8GF*G2
&"9 F6GF8G -< B+$;#-" _? 7?7O\[ +";#;'+9 T8$$+44-)/ B;)!$;!)+4 &"9 `4+4U -<
(#*#4#-" O2 +";#;'+9 TB!%%'+:+";&)/ (#4;)#$; I+J!'&;#-"4U -< 8);#$'+ _? 7 +";#;'+9
Tb-"#"J =)9#"&"$+U -< 0.&%;+) _ +";#;'+92 Tb-"#"JU -< ;.+ ,-K" -< ,)-%./ 0'!1
0-9+ -< =)9#"&"$+4 ;- #"$-)%-)&;+ ;.+ )+J!'&;#-" -< ,)++ N-!4+4W &"9 I+%+&'
B!14+$;#-" F\[GF8G -< B+$;#-" _? 7?7O\[ +";#;'+9 T8$$+44-)/ B;)!$;!)+4 &"9 `4+4U -<
(#*#4#-" O2 +";#;'+9 TB!%%'+:+";&)/ (#4;)#$; I+J!'&;#-"4U -< 8);#$'+ _? 7 +";#;'+9
Tb-"#"J =)9#"&"$+U -< 0.&%;+) _ +";#;'+92 Tb-"#"JU ;- &''-K <-) ,)++ N-!4+4 F,-K"
0-!"$#'G?
!"#$ %&
B;&<< I+%-); H 0&4+ =H8 (H 5H ,)++ N-!4+4?%9<
@NL
0-"4#9+) &"9 ;&A+ &%%)-%)#&;+ &$;#-" )+J&)9#"J ;.+ 1!9J+; )+&''-$&;#-"4 <)-: ;.+
>;@9M@R;M
$-"4;)!$;#-" $-";#"J+"$/ <!"94 <-) ;.+ "+K ,)-%./ 0'!1 ,-K" N&'' <&$#'#;/W 9#4$!44#-" -<
4&:+ F &/-) B&"9+)4G?
!"#$ %&
B;&<< I+%-); H ,-K" N&''?%9<
,0 =K"+) Q!9J+; I+&''-$&;#-" @-? ZcDda?%9<
@OL
0-"4#9+) &"9 ;&A+ &%%)-%)#&;+ &$;#-" )+J&)9#"J ;.+ 0-!"$#' 0.&:1+)4W D!1'#$ 8); &"9
>;@9M@9RM
(+$-)&;#-"4eC!)"#4.#"J4 <-) ;.+ C-/+) &"9e-) 0-!"$#' 0.&:1+)4W & Q!#'9#"J (+9#$&;#-"
D'&Y!+W &"9 <!"9#"J 4-!)$+4 <-) ;.+ "+K ,)-%./ 0'!1 ,-K" N&'' <&$#'#;/W 9#4$!44#-" -<
4&:+ F &/-) B&"9+)42 &/-) D)- ,+: S&:-";2 &"9 0-!"$#' +:1+) B.-<<"+)G?
@QL
>;@9M@R?M 4-'/3"21/!34"I0/8: 0-"4#9+) &"9 ;&A+ &%%)-%)#&;+ &$;#-" )+J&)9#"J %)-%-4+9 ,-K"
0-!"$#' :++;#"J 9&;+4 #" E!'/ 7 5W 9#4$!44#-" -< 4&:+ FB;&<<G?
!"#$ %&
B;&<< I+%-); H E!'/ 0-!"$#' ++;#"J4?%9<
Town CouncilPage 4 of 203Meeting Date: May 23, 2017
!"# $!%&'.//0&!1"21/!34.4,">? ">;@9
@9L
(#4$!44#-" -< #;+:4 <-) C!;!)+ 8J+"9&4 ;- #"$'!9+ &J+"9& #;+:4 <-) $-"4#9+)&;#-" -"
>;@9M>@RM
;.+ E!"+ \[2 7 5 0-!"$#' &J+"9& &"9 #;+:4 <)-: ;.+ ,-K" 0-!"$#' C!;!)+ 8J+"9&
R;+:4 '#4;2 ;- #"$'!9+ 9#4$!44#-" -< ;.+ 1+'-K #;+: FB;&<<GM
8GR;+: @-? H I+*#+K "+J-;#&;#"J K#;. ;.+ ,)-%./ 0'!1 !"#$#%&' `;#'#;/ (#4;)#$; @-?
;- ;)&"4<+) ;.+ ;#;'+ <-) ;.+ '&"9 ;.&; ;.+ 8""+3 Q!#'9#"J #4 1!#'; -" &"9 ;.+
:&#";+"&"$+ 1!#'9#"J 1/ ;.+ f&4;+K&;+) ,)+&;:+"; D'&";? FS&:-"; e e7 OG F
HC+1)!&)/ g2 7 6G F7H &/ 2 7 6G F\[H8!J!4; g2 7 6G F_H@-*+:1+) Z2 7 6G FO
HC+1)!&)/ _2 7 5G F6H &/ 7\[2 7 5G
!"#$ %&
E!"+ \[2 7 5 `%$-:#"J 8J+"9&?%9<
R;+:4 <-) C!;!)+ 8J+"9&4 !%9&;+9 OH H7 5?%9<
EWE#G IJE"5E55IBF
@RL
D!)4!&"; ;- ;.+ <-''-K#"J 9+4#J"&;+9 4+$;#-" -< ;.+ ,+3&4 a-*+)":+"; 0-9+2
>;@9M>@SM
8""-;&;+92 0.&%;+) OO F,+3&4 =%+" ++;#"J4 8$;G2 ;.+ 0-!"$#' K#'' $-"*+"+ #";-
+3+$!;#*+ 4+44#-" ;- 9#4$!44 ;.+ <-''-K#"JM
8GB+$;#-" OO ? 5_ D+)4-""+' &;;+)4 ;- 9+'#1+)&;+ ;.+ &%%-#";:+";2 +:%'-/:+";2
+*&'!&;#-"2 )+&44#J":+";2 9!;#+42 9#4$#%'#"+ -) 9#4:#44&' -< & %!1'#$ -<<#$+) -)
+:%'-/++M
&/-) D)- ,+:
QG B+$;#-" OO ? 5 0-"4!';&;#-" K#;. 8;;-)"+/ !"9+) B!14+$;#-" F7G ;- $-"4!'; K#;. ;.+
,-K" 8;;-)"+/ -" & :&;;+) #" K.#$. ;.+ 9!;/ -< ;.+ &;;-)"+/ ;- ;.+ J-*+)":+";&'
1-9/ !"9+) ;.+ ,+3&4 (#4$#%'#"&)/ I!'+4 -< D)-<+44#-"&' 0-"9!$; -< ;.+ B;&;+ Q&)
-< ,+3&4 $'+&)'/ $-"<'#$;4 K#;. ;.+ ,+3&4 =%+" ++;#"J4 8$;M
>"<-)$+:+"; -< =)9#"&"$+4
CE#BFJEFE"IF B"CEKGA2C"5E55IBF
@SL
0-"4#9+) &"9 ;&A+ &%%)-%)#&;+ &$;#-" )+J&)9#"J ;.+ &%%-#";:+"; -< ;.+ &/-) D)- ,+:W
>;@9M>>;M
9#4$!44#-" -< 4&:+ FB;&<<G?
>;L
0-"4#9+) &"9 ;&A+ &%%)-%)#&;+ &$;#-" )+J&)9#"J ;.+ >3+$!;#*+ B+44#-"?
>;@9M>>@M
2DXBGCF
Y" +/" !"# $!%&'"84,"% !6/!/"&!0 "/Z/%$0&6/"=/==& !"0 "3&=%$=="* =0/3"&0/8="4="
4'' /3"-,"0+/" /Z4="B*/!".//0&!1"2%0 "AK#LOO@L;9@
Town CouncilPage 5 of 203Meeting Date: May 23, 2017
!"# $!%&'.//0&!1"21/!34.4,">? ">;@9
#EC I\[I#2 IBF
I"%/)0&(,"0+40"0+/"4- 6/"! 0&%/" 4="* =0/3" !"0+/"() !0" &!3 " ("0+/"56 )/".$!&%&*4'"
7$&'3&!1 "@;;".$!&%&*4'"D)&6/ " ) *+,"#'$- " /Z4= " !".4,"@R ">;@9"-,"Q:;;"*L8L"&!"
4%% )34!%/" &0+"#+4*0/)"OO@ " /Z4="K 6/)!8/!0"# 3/L
U '',"\[&8-)/=
!"5/%)/04),\\C.B
I(", $"*'4!"0 "400/!3"0+&="*$-'&%"8//0&!1"4!3"+46/"4"3&=4-&'&0,"0+40")/\]$&)/="=*/%&4'"
!//3= "*'/4=/"% !04%0"0+/" !"5/%)/04),^="B((&%/"40"QR>MR?@MNQ;; "NR"+ $)="&!"
4364!%/ "4!3")/4= !4-'/"4%% 88 340& !=" &''"-/"843/"0 "4==&=0", $L
I"%/)0&(,"0+40"0+/"4004%+/3"! 0&%/"4!3"41/!34" ("&0/8="0 "-/"% !=&3/)/3"-,"0+&="7 4)3"
4=")/8 6/3"-,"8/"() 8"0+/"() !0" &!3 " ("0+/"56 )/".$!&%&*4'"7$&'3&!1 "@;;"
.$!&%&*4'"D)&6/ " ) *+,"#'$- " /Z4= " !"0+/"__________"34," ("
______________________ ">;@9L
________________________________ " &0'/:"___________________________
Town CouncilPage 6 of 203Meeting Date: May 23, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-204-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:5/9/2017 In control:Town Council
On agenda:5/23/2017 Final action:
Title:Administration of Oath of Office and presentation of Certificates of Election to C. Nick Sanders,
Mayor, Alicia Fleury, Council Member Place No. 1, and Eric Jensen, Council Member Place No. 2
(Staff).
Attachments:Statement of Appointed Officer - C. Nick Sanders.pdf
Oath of Office - C. Nick Sanders.pdf
Certificate of Election - C. Nick Sanders.pdf
Statement of Appointed Officer - Alicia Fleury.pdf
Oath of Office - Alicia Fleury.pdf
Certificate of Election - Alicia Fleury.pdf
Statement of Appointed Officer - Eric Jensen.pdf
Oath of Office - Eric Jensen.pdf
Certificate of Election - Eric Jensen.pdf
DateVer.Action ByActionResult
Agenda Item No. 1:
AdministrationofOathofOfficeandpresentationofCertificatesofElectiontoC.NickSanders,Mayor,AliciaFleury,
Council Member Place No. 1, and Eric Jensen, Council Member Place No. 2 (Staff).
Town CouncilPage 7 of 203Meeting Date: May 23, 2017
STATEMENT OF APPOINTED OFFICER
I, C. Nick Sanders, do solemnly swear (or affirm), that I have not directly or indirectly
paid, offered, promised to pay, contributed, or promised to contribute any money or thing of
value, or promised any public office or employmentfor the giving or withholding of a vote at
the election at which I was elected or as a reward to secure my appointment or confirmation,
whichever the case may be, so help me God.
Town of Trophy Club Town Council, Mayor
______________________________________
C. Nick Sanders
Under penalties of perjury, I declare that I have read the foregoing statement and that the facts
stated therein are trueon this 23rd day of May2017.
______________________________________
Holly Fimbres, Town Secretary/RMO
Town CouncilPage 8 of 203Meeting Date: May 23, 2017
OATH OF OFFICE
In the name and by the authority of
THE STATE OF TEXAS
I, C. Nick Sanders, do solemnly swear (or affirm), that I will faithfully execute the duties
of the office of Trophy Club Town Council, Mayor, of the State of Texas, and will to the
best of my ability preserve, protect, and defend the Constitution and laws of the
United States and of this State, so help me God.
______________________________________
C. Nick Sanders
SWORN TO AND SUBSCRIBED before me this 23rdday of May 2017.
______________________________________
Holly Fimbres, Town Secretary/RMO
Town CouncilPage 9 of 203Meeting Date: May 23, 2017
CERTIFICATE OF ELECTION
IN THE NAME AND BY THE AUTHORITY OF
TOWN OF TROPHY CLUB, TEXAS
This is tocertifythat at a General Election held on
May 6, 2017
C. Nick Sanders
WAS DULY ELECTED
Mayor
IN TESTIMONY WHEREOF, I HAVE HEREUNTO SIGNED MY NAME AND
CAUSED THE SEAL OF TROPHY CLUB, TEXAS TO BE AFFIXED, THIS 23rd
DAY OF MAY2017.
_________________________________________
Mayor Pro Tem Greg Lamont
Signature of Designee of the Presiding Officer of Canvassing
Authority
Town CouncilPage 10 of 203Meeting Date: May 23, 2017
STATEMENT OF APPOINTED OFFICER
I, Alicia Fleury, do solemnly swear (or affirm), that I have not directly or indirectly paid,
offered, promised to pay, contributed, or promised to contribute any money or thing of value,
or promised any public office or employmentfor the giving or withholding of a vote at the
election at which I was elected or as a reward to secure my appointment or confirmation,
whichever the case may be, so help me God.
Town of Trophy Club Town Council, Council Member Place No. 1
______________________________________
Alicia Fleury
Under penalties of perjury, I declare that I have read the foregoing statement and that the facts
stated therein are trueon this 23rd day of May2017.
______________________________________
Holly Fimbres, Town Secretary/RMO
Town CouncilPage 11 of 203Meeting Date: May 23, 2017
OATH OF OFFICE
In the name and by the authority of
THE STATE OF TEXAS
I, Alicia Fleury, do solemnly swear (or affirm), that I will faithfully execute the duties of
the office of Trophy Club Town Council, Council Member Place No. 1, of the State of
Texas, and will to the best of my ability preserve, protect, and defend the Constitution
and laws of the United States and of this State, so help me God.
______________________________________
Alicia Fleury
SWORN TO AND SUBSCRIBED before me this 23rdday of May 2017.
______________________________________
Holly Fimbres, Town Secretary/RMO
Town CouncilPage 12 of 203Meeting Date: May 23, 2017
CERTIFICATE OF ELECTION
IN THE NAME AND BY THE AUTHORITY OF
TOWN OF TROPHY CLUB, TEXAS
This is tocertifythat at a General Election held on
May 6, 2017
Alicia Fleury
WAS DULY ELECTED
Council Member
Place No. 1
IN TESTIMONY WHEREOF, I HAVE HEREUNTO SIGNED MY NAME AND
CAUSED THE SEAL OF TROPHY CLUB, TEXAS TO BE AFFIXED, THIS 23rd
DAY OF MAY2017.
_________________________________________
Mayor Pro Tem Greg Lamont
Signature of Designee of the Presiding Officer of Canvassing
Authority
Town CouncilPage 13 of 203Meeting Date: May 23, 2017
STATEMENT OF APPOINTED OFFICER
I, Eric Jensen, do solemnly swear (or affirm), that I have not directly or indirectly paid,
offered, promised to pay, contributed, or promised to contribute any money or thing of value,
or promised any public office or employmentfor the giving or withholding of a vote at the
election at which I was elected or as a reward to secure my appointment or confirmation,
whichever the case may be, so help me God.
Town of Trophy Club Town Council, Council Member Place No. 2
______________________________________
Eric Jensen
Under penalties of perjury, I declare that I have read the foregoing statement and that the facts
stated therein are trueon this 23rd day of May2017.
______________________________________
Holly Fimbres, Town Secretary/RMO
Town CouncilPage 14 of 203Meeting Date: May 23, 2017
OATH OF OFFICE
In the name and by the authority of
THE STATE OF TEXAS
I, Eric Jensen, do solemnly swear (or affirm), that I will faithfully execute the duties of
the office of Trophy Club Town Council, Council Member Place No. 2, of the State of
Texas, and will to the best of my ability preserve, protect, and defend the Constitution
and laws of the United States and of this State, so help me God.
______________________________________
Eric Jensen
SWORN TO AND SUBSCRIBED before me this 23rdday of May 2017.
______________________________________
Holly Fimbres, Town Secretary/RMO
Town CouncilPage 15 of 203Meeting Date: May 23, 2017
CERTIFICATE OF ELECTION
IN THE NAME AND BY THE AUTHORITY OF
TOWN OF TROPHY CLUB, TEXAS
This is tocertifythat at a General Election held on
May 6, 2017
Eric Jensen
WASDULY ELECTED
Council Member
Place No. 2
IN TESTIMONY WHEREOF, I HAVE HEREUNTO SIGNED MY NAME AND
CAUSED THE SEAL OF TROPHY CLUB, TEXAS TO BE AFFIXED, THIS 23rd
DAY OF MAY2017.
_________________________________________
Mayor Pro Tem Greg Lamont
Signature of Designee of the Presiding Officer of Canvassing
Authority
Town CouncilPage 16 of 203Meeting Date: May 23, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-205-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:5/9/2017 In control:Town Council
On agenda:5/23/2017 Final action:
Title:Remarks to and from incoming Council Members (Staff).
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 2:
Remarks to and from incoming Council Members (Staff).
Town CouncilPage 17 of 203Meeting Date: May 23, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-206-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:5/9/2017 In control:Town Council
On agenda:5/23/2017 Final action:
Title:Receive Town Manager Class' update regarding the following, discussion and provide input regarding
same (Staff):
·Town Community Safety Ranking
·Photo Directory
·Hiring Process
·Community Events
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 3:
Receive Town Manager Class' update regarding the following, discussion and provide input regarding same (Staff):
Town Community Safety Ranking
Photo Directory
Hiring Process
Community Events
Town CouncilPage 18 of 203Meeting Date: May 23, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-208-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:5/9/2017 In control:Town Council
On agenda:5/23/2017 Final action:
Title:Consider and take appropriate action regarding the Town Council Regular Session Minutes dated
April 25, 2017 (Staff).
Attachments:TC Regular Session Minutes April 25, 2017.pdf
DateVer.Action ByActionResult
Agenda Item No. 4:
Consider and take appropriate action regarding the Town Council Regular Session Minutes dated April 25, 2017 (Staff).
Town CouncilPage 19 of 203Meeting Date: May 23, 2017
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, April 25, 2017 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, April 25, 2017. 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 PRESENT:
Tom Class Town Manager
David Dodd Town Attorney
Holly Fimbres Town Secretary/RMO
Amber Karkauskas Director of Finance/CFO
Sherri Lewis PIO/Communications Manager
John Zagurski Budget Manager
Steve Zieverink Information Technology Specialist
Mayor Sanders announced the date of Tuesday, April 25, 2017, called the Town Council to order and announced a
quorum at 7:00 p.m.
The Invocation was offered by Mayor Sanders.
The Pledges to the American Flag and Texas Flag were led by Mayor Pro Tem Lamont.
(Town Secretary Note: The agenda items were presented in the following order: Citizen Presentations;
Announcements and Reports; Consent Agenda; Item No. 8; Item No. 9; Item No. 10; Item No. 11; Item No. 12;
Executive Session; Item No. 11; Item No. 14; and Item No. 15)
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 20 of 203Meeting Date: May 23, 2017
ANNOUNCEMENTS AND REPORTS
1. Receive Town Manager Class' update regarding the following, discussion and provide input regarding same
(Staff):
May 6, 2017 General Election – Early voting will conclude on May 2nd and approximately 161 residents
voted by personal appearance as of April 25th.
Kite Fest – Will be held on April 29th from 2 p.m. to 4 p.m. at Harmony Park.
Hiring Process – Interviews have been completed for the Director of Administration position and the
following positions have been posted: Director of Community Development, Human Resources Manager,
Accounting Clerk, and Administrative Assistant.
2. Receive Town Council Liaison Updates; discussion of same (Staff):
*Parks and Recreation Board, April 17, 2017
Council Member Philip Shoffner
*Economic Development Corporation 4B, April 24, 2017
Council Liaison - Council Member Rhylan Rowe
Council Member Shoffner advised that the Parks and Recreation Board reviewed the uniformity of various
amenities within the Park system, which would be presented to the Council for consideration in May 2017.
Council Member Rowe stated that the primary item discussed by the Economic Development Corporation (EDC) 4B
was the Trophy Wood District Request for Proposal (RFP).
EDC 4B Director Sean Bone commented that the Corporation would provide any additional feedback to Staff by
April 26, 2017 and the RFP would go out on April 28, 2017.
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 Town Council Regular Session Minutes dated March 28,
2017 (Staff). (Town Secretary Note: Approved as presented in the Town Council agenda packet)
4. Consider and take appropriate action regarding calling a Special Town Council meeting to be held on May
17, 2017 at 9:00 a.m. in order to canvass the returns and declare the results of the May 6, 2017 Town
General Election (Staff).
5. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2016-33, authorizing
participation in various cooperative purchasing programs, and adopting a new resolution authorizing
participation in various cooperative purchasing programs in accordance with the Town’s Procurement
Policies and Procedures; authorizing execution of any and all necessary agreements for participation in the
cooperative programs by the Mayor or his designee; approving related contracts and the payment of
related fees in accordance with the budget; and providing an effective date (Staff).
6. Consider and take appropriate action regarding a Right-of-Way Dedication Deed from OTD TC, LLC to the
Town for a 0.151 acre tract of land, part of Lot 2R-2, Block B, Trophy Wood Business Center (Staff).
7. Consider and take appropriate action regarding an Interlocal Cooperation Agreement between the Town
and Denton County for the Fiscal Year 2017-2018 Shared Governance Communications and Dispatch
Services System for the Police Department and Fire/EMS Department; and authorizing the Mayor or his
designee to execute all necessary documents (Staff).
Town Council Minutes April 25, 2017 Page 2 of 6
Town CouncilPage 21 of 203Meeting Date: May 23, 2017
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Consent Agenda
Items 3 through 7.
Motion passed unanimously.
REGULAR SESSION
8. Consider and take appropriate action regarding accepting the nominations from the Citizen of the Year
Committee, recognizing the 2016 Citizen of the Year Nominees, and announce the recipients; discussion of
same (Staff).
Mayor Sanders stated that the first Citizen of the Year (COY) Recognition was in 2003 and consisted of one Adult
category. In 2008 and 2009 three awards were presented encompassing two Adult categories, Civic and
Philanthropic, and one Youth category. Starting in 2010 two awards have been presented with one Adult category
and one Youth category. Nominations are received by the citizens and are considered by the COY Committee
comprised of former COY recipients.
Mayor Pro Tem Lamont recognized the 2016 Youth Citizen of the Year nominees:
Raegan Arata
Garrison “Trevor” Smith
Mayor Sanders announced Trevor Smith as the 2016 Youth Citizen of the Year recipient and presented him with a
plaque.
Mayor Pro Tem Lamont recognized the 2016 Adult Citizen of the Year nominees:
Margaret Anderson
Nicole Arata
Chris Bailey
Cameron Jolly
Tiffany Nimphius
Council Member Rowe announced Tiffany Nimphius as the 2016 Adult Citizen of the Year recipient and presented
her with a plaque.
Town Manager Class announced that the Volunteer Appreciation Reception would be held at the Trophy Club
Country Club on June 2, 2017.
9. Consider and take appropriate action regarding the Mid-Year Financial Report for Fiscal Year 2017 (Staff).
Director of Finance/CFO Karkauskas highlighted areas of the Mid-Year Financial Report and advised that the Town
had received 77 percent of the budgeted revenues in the General Fund, while expenditures totaled only 41
percent of the budgeted amount. Additionally, she noted that the authorization of the issuance of Certificates of
Obligation would be presented to the Council on May 23, 2017, that the Recreational programs were currently at
65 percent of their expenditures, and that transfers for the Tax Increment Reinvestment Zone No. 1 would be
processed in the next few months.
Motion:
Motion made by Council Member Rowe, seconded by Council Member Kurtz, to accept the Mid-Year Financial
Report for Fiscal Year 2017.
Motion passed unanimously.
10. Discussion of and provide direction to Town Staff regarding the Fiscal Year 2018 Budget presentation (Staff).
Director of Finance/CFO Karkauskas inquired if Council preferred receiving the Fiscal Year 2018 Budget
presentation in segments as previously provided the past two years.
Mayor Sanders received consensus from the Council to continue receiving the budget in segments.
Town Council Minutes April 25, 2017 Page 3 of 6
Town CouncilPage 22 of 203Meeting Date: May 23, 2017
Mayor Sanders preferred to begin the budget process with a lower tax rate due to property values continuing to
escalate.
Council Member Rowe was in favor of starting budget discussions with the effective rate. He commented that the
Council ensures that the majority of the new property value revenue has been applied to capital improvement
projects or lowering the Maintenance and Operations tax rate.
Mayor Sanders mentioned possibly exploring a local homestead exemption. He discussed the possibility of the
Texas Legislature passing a bill that takes the forced rollback rate from 8 percent to 5 percent and sets an
immediate referendum if the tax rate exceeds the 5 percent rollback rate, which could start the fiscal year without
an approved budget.
Budget Manager Zagurski stated that if the budget was based on the effective tax rate then essentially the Town
would absorb the same amount of property taxes as the prior year and it did not necessarily mean that property
values would not increase. Additionally, he advised that if homestead and freeze values were implemented then it
would redistribute the tax value to other residents.
11. Referred Agenda Item: Discussion of and take appropriate action regarding the second round of revisions to
alternate options related to landscaping items for the new Trophy Club Town Hall facility (Town Council).
Mayor Sanders advised that this item was previously presented and the Council believed that it was too early in
the process to take action on alternate landscaping. Steele & Freeman, Inc., the Town’s Construction Manager at
Risk, informed the Town that a decision on the alternate landscaping plan was needed by May 10, 2017 to ensure
that there was not a cost increase over the proposed $33,397.66.
Motion to Table:
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Kurtz, to table Agenda Item No. 11 to
Executive Session.
Motion carried 6-0-1 with Mayor Pro Tem Lamont and Council Members Parrow, Reed, Rowe, Kurtz, and Shoffner
voting for and Mayor Sanders voting against.
After reconvening from Executive Session, Council came back to Item No. 11.
Motion:
Motion made by Mayor Sanders, seconded by Council Member Parrow, to accept the alternate bid for landscaping
at the new Town Hall facility, which would increase the cost by $33,397.66.
Mayor Sanders stated that this item would utilize contingency funds for proposed landscaping. He advised that
the Council had requested an accurate figure of the remaining balance in the contingency fund. The current
balance was $89,684.11 based upon the return of $19,872.11 to the contingency fund from a State Grant for the
Police Department video surveillance system.
Council Member Rowe commented that each alternate had the removal of Bermuda Hydromulch; therefore sod
would remain in place if the alternate landscaping plan was not implemented. Additionally, he was concerned
with committing more than one-third of the remaining contingency fund balance.
Council Member Kurtz pointed out that they were below budget for the new Town Hall facility and the Town
Manager believed it would be appropriate to pursue the alternate landscaping.
Council Member Reed commented that the current Council was elected to save taxpayer funds and that they had
done their due diligence to ensure a respectable facility without spending an exorbitant amount. He was not in
favor of approving additional funds for ornamental landscaping.
Town Council Minutes April 25, 2017 Page 4 of 6
Town CouncilPage 23 of 203Meeting Date: May 23, 2017
The vote was taken.
Motion carried 5-0-2 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Parrow, Kurtz, and
Shoffner voting for and Council Members Reed and Rowe voting against.
12. Discussion of items for Future Agendas to include agenda items for consideration on the May 9, 2017
Council agenda and items from the Town Council Future Agenda Items list (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.
Mayor Sanders requested that on the May 9, 2017 Council agenda there be allowance for discussion of public art
for the new Trophy Club Town Hall facility and funding sources.
Council Member Shoffner requested the following item be added to the May 9, 2017 Council agenda: Discussion
of and provide direction to Town Staff regarding the impact on the Town from the Trophy Club Municipal Utility
District No. 1 Bond Election.
Mayor Sanders provided an update regarding Green Ribbon grants for the beautification along the sound wall on
State Highway 114. Metroport Cities Partnership authorized the use of their transportation funds to hire a
consultant to review beautification along the State Highway 114 corridor between Kirkwood and 35W.
Additionally, he noted that the Town would be liable for the maintenance of plants after the second year of
installation if the Town were to receive a grant from the Texas Department of Transportation.
Town Attorney Dodd advised that he spoke with the Police Department regarding noise disturbances and he
confirmed that there was a plan in place for that issue.
Council Member Rowe requested to remove Item No. 3 from the Town Council Future Agenda Items list: Detail
review of the nuisance ordinance. (Rowe 4/12/2016) (1-July 12, 2016) (2-October 11, 2016) (3-January 10, 2017)
(4-April 11, 2017) (5-July 11, 2017)
EXECUTIVE SESSION
13. 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 deliberate the appointment, employment, evaluation,
reassignment, duties, discipline or dismissal of a public officer or employee:
Denco 9-1-1 District Board of Managers
B) Section 551.071 Consultation with Attorney under Subsection (2) to consult with the Town Attorney 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 conflicts with the Texas Open Meetings Act:
1. Enforcement of Ordinances
2. Contractual Issues
CONVENED INTO EXECUTIVE SESSION - START TIME – 7:49 P.M.
RECONVENED INTO REGULAR SESSION - START TIME – 8:24 P.M.
Town Council Minutes April 25, 2017 Page 5 of 6
Town CouncilPage 24 of 203Meeting Date: May 23, 2017
RECONVENED INTO REGULAR SESSION
14. Consider and take appropriate action regarding a Resolution of the Town Council nominating one (1)
candidate to a slate of nominees for the Board of Managers of the Denco Area 9-1-1 District; and providing
an effective date (Staff).
Motion:
Motion made by Mayor Pro Tem Lamont, seconded by Mayor Sanders, to approve Resolution No. 2017-07
nominating Sue Tejml to a slate of nominees for the Board of Managers of the Denco Area 9-1-1 District; and
providing an effective date of April 25, 2017.
Motion passed unanimously.
15. Consider and take appropriate action regarding the Executive Session.
Mayor Sanders advised that the Council received information from the Town Manager and Town Attorney in
reference to the authorization to exceed the budgeted amount for furniture at the new Trophy Club Town Hall
facility. The item before the Council was for a change order in the amount of $14,452.16. He noted that the
Council recently approved an Ordinance that changed the authorization amount that the Town Manager had to
$10,000 for change orders.
Motion:
Motion made by Council Member Reed, seconded by Council Member Rowe, to approve the Change Order in the
amount of $14,452.16 for furniture and fixtures utilizing the proceeds from the interest earnings on bonded funds
and preserving the amount within the contingency fund.
Council Member Reed thanked Town Manager Class for his transparency.
Council Member Rowe voiced his frustration that prior management did not adhere to Council’s direction to be
conscious of taxpayer funds and commented that the Change Order was a necessity for outfitting the new Town
Hall facility.
Council Member Shoffner commented that the Council had been diligent in making decisions to be as economical
as possible during the planning process for the new Town Hall facility. He added that the new Town Manager has
been open in his communications with Council and has kept them informed.
Mayor Sanders commended Town Manager Class for his leadership and work ethic and complimented Director of
Finance/CFO Karkauskas and Budget Manager Zagurski for providing accurate information.
The vote was taken.
Motion passed unanimously.
ADJOURN
Motion made by Council Member Parrow, seconded by Council Member Rowe, to adjourn the meeting at 8:45
p.m. Motion passed unanimously.
___________________________________ ___________________________________
Holly Fimbres, Town Secretary C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Minutes April 25, 2017 Page 6 of 6
Town CouncilPage 25 of 203Meeting Date: May 23, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-209-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:5/9/2017 In control:Town Council
On agenda:5/23/2017 Final action:
Title:Consider and take appropriate action regarding financial and variance report dated April 2017 (Staff).
Attachments:Financial Report April FY17.pdf
All Fund Budget Report - APRIL 2017.pdf
DateVer.Action ByActionResult
Agenda Item No. 5:
Consider and take appropriate action regarding financial and variance report dated April 2017 (Staff).
Town CouncilPage 26 of 203Meeting Date: May 23, 2017
Monthly Financial Statement
Photo Credit:
Mayor Pro Tem Lamont 2016
A
pril 2017
Town CouncilPage 27 of 203Meeting Date: May 23, 2017
TOWN OF TROPHY CLUB
APRIL 2017 FINANCIAL REPORT
GENERAL FUND SUMMARY
Percent of Budget Year Transpired:
Year-to-Date April 201758%
OriginalRevised
RevenuesYear-to-DateVariance% Received
BudgetBudget
Property Tax$ 6,185,631$ 6,185,631$ 6,227,801 $ 42,170101%
Licenses and Permits 552,200 552,200 175,177 (377,023)32%
Franchise Fees 986,798 986,798 277,700 (709,098)28%
Sales Tax 900,395 900,395 530,262 (370,133)59%
Fines and Fees 361,907 361,907 132,448 (229,459)37%
Intergovernmental - 713,184 353,276 (359,908)50%
Charges for Service 279,964 752,201 594,546 (157,655)79%
Investment Income 30,000 30,000 25,021 (4,979)83%
Miscellaneous Income 144,394 144,394 76,050 (68,344)53%
Total Revenues$ 9,441,289 $ 10,626,710$ 8,392,281$ (2,234,429)79%
OriginalRevised
Other SourcesYear-to-DateVariance% Received
BudgetBudget
Transfers In$ 63,000$ 63,000 $ 31,500 (31,500)50%
Total Available Resources$ 9,504,289 $ 10,689,710$ 8,423,781$ (2,265,929)79%
OriginalRevised
ExpendituresYear-to-DateVariance% Used
BudgetBudget
Manager's Office$ 801,974$ 801,974$ 296,558$ 505,41637%
Legal 130,663 130,663 55,933 74,730 43%
Police 2,353,452 2,353,452 1,126,815 1,226,63748%
Emergency Medical Services 1,022,642 1,022,642 492,349 530,29348%
Fire - 1,104,001 573,397 530,60452%
Streets 423,931 423,931 207,309 216,62249%
Parks 1,838,826 1,838,826 1,030,501 808,32556%
Recreation
678,362 678,362 200,675 477,68730%
Community Events
46,178 46,178 24,504 21,674 53%
Community Development 656,220 656,220 301,735 354,48546%
Finance 451,778 451,778 232,934 218,84452%
Municipal Court 83,775 83,775 43,131 40,644 51%
Human Resources 198,268 198,268 107,592 90,676 54%
Information Services 663,244 663,244 263,500 399,74440%
Facilities Maintenance 148,671 148,671 87,694 60,977 59%
Total Expenditures$ 9,497,984 $ 10,601,985$ 5,044,623$ 5,557,362 48%
OriginalRevised
Other UsesYear-to-DateVariance% Used
BudgetBudget
Transfers Out$ 250,000$ 250,000$ 94,216 (155,784)38%
Total Outflows of Resources$ 9,747,984 $ 10,851,985$ 5,138,840$ 5,401,578 47%
Town CouncilPage 28 of 203Meeting Date: May 23, 2017
TOWN OF TROPHY CLUB
APRIL 2017 FINANCIAL REPORT
GENERAL FUND SUMMARY CONTINUED
Original Revised
Fund Balance Year-to-Date
Budget Budget
Beginning fund balance$ 3,833,171$ 3,833,171$ 4,194,162
+ Net increase (Decrease) (243,695) (162,275) 3,284,941
Ending Fund Balance$ 3,589,476 $ 3,670,896$ 7,479,103
As of preliminary audit of FY15-16 CAFR.
Revised
Original
Fund Balance DetailYear-to-Date
Budget
Budget
Reserve Fund balance
(30% of Total Expenditures)
$ 2,849,395$ 3,180,596$ 1,513,387
Committed Fund Balance 189,475 189,475 189,475
Unassigned Fund Balance in
Excess (Deficit) of 30%
982,825 982,825 5,776,241
Total Fund balance$ 4,021,695 $ 4,352,896$ 7,479,103
General Fund Sales Tax Receipts
FY 2016FY 2017
60,94264,588
OCT
100,000
79,04389,177
NOV
90,000
56,54666,291
DEC
80,000
64,78066,245
JAN
70,000
83,06892,923
FEB
60,000
FY 2016
50,000 56,325 72,320.93
MAR
40,000
53,84159,612
APR
FY 2017
30,000
63,123
MAY
20,000
60,545
JUN
10,000
65,334
JUL
0
73,402
AUG
OCTNOVDECJANFEBMARAPRMAYJUNJULAUGSEP
70,513
SEP
Town CouncilPage 29 of 203Meeting Date: May 23, 2017
TOWN OF TROPHY CLUB
APRIL 2017 FINANCIAL REPORT
DEPARTMENTAL BUDGET REPORTS
Percent of Budget Year Transpired:
Year-to-Date April 201758%
General Fund Summary
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 6,294,967$ 7,133,630$ 3,374,993$ 3,758,63747%
Services & Supplies 2,542,602 2,762,104 1,252,347 1,509,75745%
Capital 660,415 706,251 417,284 288,96759%
Total$ 9,497,984$ 10,601,985 $ 5,044,623$ 5,557,36248%
Manager's Office
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 619,236 $ 619,236 $ 245, 285$ 373, 95140%
Services & Supplies 182,738 182,738 51,273 131,46528%
Total$ 801,974$ 801,974$ 296,558$ 505,41637%
Legal
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Services & Supplies 130,663 130,663 55,933 74,73043%
Total$ 130,663$ 130,663$ 55, 933$ 74, 73043%
Police
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 2,056,122$ 2,056,122$ 941, 018$ 1,115,10446%
Services & Supplies 261,330 261,330 117,679 143,65145%
Capital 36,000 36,000 68,118 ( 32,118)189%
Total$ 2,353,452$ 2,353,452$ 1,126,815$ 1,226,63748%
Capital purchase SUV (as per budget) and radio antenna. (FY 16 encumberance budgeted).
EMS
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 840,582 $ 840,582 $ 434, 526$ 406, 05652%
Services & Supplies 150,060 150,060 57,823 92,23739%
Capital 32,000 32,000 - 32,0000%
Total$ 1,022,642$ 1,022,642$ 492,349$ 530,29348%
Town CouncilPage 30 of 203Meeting Date: May 23, 2017
TOWN OF TROPHY CLUB
APRIL 2017 FINANCIAL REPORT
DEPARTMENTAL BUDGET REPORTS CONTINUED
Percent of Budget Year Transpired:
Year-to-Date April 201758%
Fire
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ -$ 838,663 $ 435, 233$ 403, 43052%
Services & Supplies - 219,502 138,164 81,33863%
Capital - 45,836 - 45,8360%
Total$ -$ 1,104,001$ 573,397$ 530,60452%
Vehicle and building maintenance expenses incurred for repairs.
Streets
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 242,793 $ 242,793 $ 129, 006$ 113, 78753%
Services & Supplies 181,138 181,138 78,302 102,83643%
Total$ 423,931$ 423,931$ 207,309$ 216,62249%
Parks
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 843,587 $ 843,587 $ 415, 750$ 427, 83749%
Services & Supplies 615,337 615,337 304,375 310,96249%
Capital 379,902 379,902 310,375 69,52782%
Total$ 1,838,826$ 1,838,826$ 1,030,501$ 808,32556%
Capital items include: irrigation pump; Harmony Park shed; Lakeview fencing; Toddler playground; Top Dresser & Ditch Witch purchases.
Recreation
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 420,190 $ 420,190 $ 119, 626$ 300, 56428%
Services & Supplies 172,872 172,872 52,320 120,55230%
Capital 85,300 85,300 28,729 56,57134%
Total$ 678,362$ 678,362$ 200,675$ 477,68730%
Community Events
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Services & Supplies$ 46,178$ 46,178$ 24,504$ 21,67453%
Total$ 46,178 $ 46,178 $ 24, 504$ 21, 67453%
Community Development
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 506,801 $ 506,801 $ 241, 253$ 265, 54848%
Services & Supplies 149,419 149,419 60,481 88,93840%
Total$ 656,220$ 656,220$ 301,735$ 354,48546%
Town CouncilPage 31 of 203Meeting Date: May 23, 2017
TOWN OF TROPHY CLUB
APRIL 2017 FINANCIAL REPORT
DEPARTMENTAL BUDGET REPORTS CONTINUED
Percent of Budget Year Transpired:
Year-to-Date April 201758%
Finance
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 303,870 $ 303,870 $ 160, 990$ 142, 88053%
Services & Supplies 147,908 147,908 71,944 75,96449%
Total$ 451,778$ 451,778$ 232,934$ 218,84452%
Municipal Court
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 74,721$ 74,721$ 40,800$ 33,92155%
Services & Supplies 9,054 9,054 2,331 6,72326%
Total$ 83,775 $ 83,775 $ 43, 131$ 40, 64451%
Human Resources
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 159,393 $ 159,393 $ 89,245$ 70,14856%
Services & Supplies 38,875 38,875 18,347 20,52847%
Total$ 198,268$ 198,268$ 107,592$ 90, 67654%
Information Services
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Personnel$ 227,672 $ 227,672 $ 122, 262$ 105, 41054%
Services & Supplies 308,359 308,359 131,176 177,18343%
Capital 127,213 127,213 10,062 117,1518%
Total$ 663,244$ 663,244$ 263,500$ 399,74440%
Facilities Maintenance
CategoryOriginal BudgetRevised BudgetYear-to-DateVariance % Used
Services & Supplies$ 148,671 $ 148,671 $ 87,694$ 60,97759%
Total$ 148,671$ 148,671$ 87,694 $ 60,977 59%
Annual property insurance prepayment
Town CouncilPage 32 of 203Meeting Date: May 23, 2017
TOWN OF TROPHY CLUB
APRIL 2017 FINANCIAL REPORT
DEBT SERVICE FUND
Percent of Budget Year Transpired:
Year-to-Date April 201758%
Original Revised
RevenuesYear-to-DateVariance% Received
BudgetBudget
Property Tax$ 1,886,194$ 1,886,194 $ 1,886,830$ 636100%
Interest Income 2,000 2,000 3,550 1,550177%
Total Revenue$ 1,888,194 $ 1,888,194 $ 1, 890,380$ 2,186100%
Original Revised
Other SourcesYear-to-DateVariance% Received
BudgetBudget
Transfers In$ 201,862$ 201,862$ 12,500$ 189,3626%
Total$ 201,862$ 201,862$ 12,500$ 189,3626%
Original Revised
ExpendituresYear-to-DateVariance% Used
BudgetBudget
Principal Payments$ 1,263,000$ 1,263,000 $ 75,000$ 1, 188,0006%
Interest Payments 696,678 696,678$ 391,172 305,50656%
Paying Agent Fees 7,500 7,500$ 733 6,76710%
Total Expenditures$ 1,967,178 $ 1,967,178 $ 466,906$ 1, 500,27224%
Original Revised
Fund BalanceYear-to-Date
BudgetBudget
Beginning Fund Balance$ 129,647$ 129,647$ 143,174
+Net Increase (Decrease)
122,878 122,878 1,435,974
Ending Fund Balance$ 252,525$ 252,525$ 1, 579,148
As of preliminary audit of FY15-16 CAFR.
Town CouncilPage 33 of 203Meeting Date: May 23, 2017
TOWN OF TROPHY CLUB
APRIL 2017 FINANCIAL REPORT
CAPITAL PROJECTS FUND
Percent of Budget Year Transpired:
Year-to-Date April 201758%
Original Revised
RevenuesYear-to-DateVariance% Received
BudgetBudget
Interest Income$ 10,000$ 10,000$ 43,715$ 33,715437%
Total$ 10,000$ 10,000$ 43,715$ 33,715437%
Original Revised
Other SourcesYear-to-DateVariance% Received
BudgetBudget
Bond Proceeds$ 7,000,000 $ 7,000,000$ -$ (7,000,000)0%
Transfer In 250,000 250,000 94, 216 (155,784)38%
Total$ 7,250,000 $ 7,250,000 $ 94,216$ (7,155,784)1%
Future budget amendment to revise bond proceeds to $4.5m.
Original Revised
ExpendituresYear-to-DateVariance% Used
BudgetBudget
Bond Issuance Costs 125,000 125,000 - (125,000)0%
Capital Outlay 9,816,900 9,816,900 2,750,130 ( 7,066,770)28%
Total$ 9,941,900 $ 9,941,900 $ 2, 750,130$ (7,191,770)28%
Includes Town Hall construction planning costs.
Original Revised
Fund BalanceYear-to-Date
BudgetBudget
Beginning Fund Balance$ 4,956,385 $ 4,956,385$ 8, 764,936
+Net Increase (Decrease) (2,681,900) (2,681,900) ( 2,612,198)
Ending Fund Balance$ 2,274,485 $ 2,274,485 $ 6, 152,738
As of preliminary audit of FY15-16 CAFR.
Town CouncilPage 34 of 203Meeting Date: May 23, 2017
TOWN OF TROPHY CLUB
APRIL 2017 FINANCIAL REPORT
TROPHY CLUB PARK FUND
Percent of Budget Year Transpired:
Year-to-Date April 201758%
Original Revised
RevenueYear-to-DateVariance% Received
BudgetBudget
Park Revenue$ 165,000$ 165,000$ 113,890$ (51,110)69%
Total Revenue$ 165,000$ 165,000$ 113,890$ (51,110)69%
Original Revised
ExpensesYear-to-DateVariance% Used
BudgetBudget
Salaries$ 19,094 $ 19,094 $ 7,721$ 1 1,37340%
Social Security Taxes 1,184 1,184 4 79 7 0540%
Medicare Taxes 277 277 1 12 1 6540%
Unemployment Taxes 185 185 66 1 1936%
Workman's compensation 459 459 2 04 2 5545%
Total Personnel Services$ 21,199$ 21,199$ 8 ,582$ 12,61740%
Professional Outside Services$ 2,500$ 2,500$ -$ 2,5000%
Auditing 1,000 1,000 1,000 -100%
Software & Support 4,212 4,212 2,805 1,40767%
Advertising 625 625 1 61 4 6426%
Printing 1,000 1,000 1 50 8 5015%
Schools & Training 190 190 3 04 (114)N/A
Service Charges & Fees 9,000 9,000 7,025 1,97578%
Electricity 2,800 2,800 1,037 1,76337%
Water 4,225 4,225 2,228 1,99753%
Telephone 1,900 1,900 1,214 6 8664%
Communication/Pagers/Mobiles 933 933 1 85 7 4820%
Insurance 1,200 1,200 1,200 -100%
Property Maintenance 10,500 10,500 10,644 (144)101%
Equipment Maintenance 5,384 5,384 2,416 2,96845%
Independent labor 28,600 28,600 25,923 2,67791%
Portable Toilets 8,400 8,400 2,511 5,88930%
Dues & Membership 115 115 - 1 150%
Travel & Per Diem 150 150 - 1 500%
Office Supplies 1,044 1,044 - 1,0440%
Postage 327 327 - 3 270%
Fuel 1,092 1,092 10 1,0821%
Uniforms 670 670 2 01 4 6930%
Community Events 8,200 8,200 6,976 1,22485%
Small tools 1,400 1,400 1 41 1,25910%
Furniture/Equipment <$5,000 2,999 2,999 - 2,9990%
Maintenance Supplies 900 900 1 37 7 6315%
Miscellaneous Expense 300 300 2,988 (2,688)996%
Total Services & Supplies$ 99,666$ 99,666$ 69,256$ 30,41069%
Credit from the previous year for phones coded out of TCP.
Includes new brochure holders and message boards.
FEMA 2007 true-up.
Total Expenses$ 120,865$ 120,865$ 77,838$ 43,02764%
Town CouncilPage 35 of 203Meeting Date: May 23, 2017
TOWN OF TROPHY CLUB
APRIL 2017 FINANCIAL REPORT
TROPHY CLUB PARK FUND CONTINUED
Original Revised
Other UsesYear-to-DateVariance% Used
BudgetBudget
Park Administration Transfer$ 20,000 $ 20,000 $ 1 0,000$ 1 0,00050%
Total Other Uses$ 20,000$ 20,000$ 10,000$ 10,00050%
Original Revised Operating
Working CapitalYear-to-Date
BudgetBudgetDays
Beginning Working Capital$ (143,913)$ (143,913)$ (81,947) (209)
+Net Increase (Decrease) 24,135 24,135 26,053 67
Ending Working Capital$ (119,778) $ (119,778) $ (55,894) (143)
As of preliminary audit of FY15-16 CAFR.
Town CouncilPage 36 of 203Meeting Date: May 23, 2017
TOWN OF TROPHY CLUB
APRIL 2017 FINANCIAL REPORT
STORM DRAINAGE UTILITY FUND
Percent of Budget Year Transpired
Year-to-Date April 201758%
Original Revised
RevenueYear-to-DateVariance% Received
BudgetBudget
Storm Drainage Fees$ 427,406$ 427,406$ 279,489$ (147,918) 65%
Interest Income 500 500 959 459192%
Total Revenue$ 427,906$ 427,906$ 280,448$ (147,458)66%
Original Revised
ExpensesYear-to-DateVariance% Used
BudgetBudget
Operating Expenses 202,600 202,600 22,956 179,64511%
Debt Service 176,775 176,775 16,794 159,98110%
Total Expenses$ 379,375$ 379,375$ 39,749$ 339,62610%
Original Revised
Other UsesYear-to-DateVariance% Used
BudgetBudget
Transfer to Debt Service$ 66,887$ 66,887$ 20,000$ 46,88730%
Total Other Uses$ 66,887$ 66,887$ 20,000$ 46,88730%
Original Revised Operating
Working CapitalYear-to-Date
BudgetBudgetDays
Beginning Working Capital$ 274,523$ 274,523$ 253,702 205
+Net Increase (Decrease) (18,356) (18,356) 220,699 178
Ending Working Capital$ 256,167$ 256,167$ 474,401 383
As of preliminary audit of FY15-16 CAFR.
Town CouncilPage 37 of 203Meeting Date: May 23, 2017
TOWN OF TROPHY CLUB
APRIL 2017 FINANCIAL REPORT
CRIME CONTROL PREVENTION DISTRICT
Percent of Budget Year Transpired:
Year-to-Date April 201758%
Original Revised
RevenueYear-to-DateVariance% Received
BudgetBudget
Sales Tax$ 209,849$ 209,849$ 125,772$ (84,077)60%
Interest Income 100 100 85 (15)85%
Total Revenue$ 209,949$ 209,949$ 125,857$ (84,092)60%
Original Revised
ExpendituresYear-to-DateVariance% Used
BudgetBudget
Services & Supplies$ 76,000$ 76,000$ 24,813$ 51,18733%
Capital Expenses 125,000 125,000 11, 000 114,0009%
Total Expenditure$ 201,000$ 201,000$ 35,813$ 165,18718%
Original Revised
Other UsesYear-to-DateVariance% Used
BudgetBudget
Transfer To Debt Service$ 149,975$ 149,975$ -$ 149,9750%
Total Other Uses$ 149,975$ 149,975$ - $ 149,9750%
Original Revised
Fund BalanceYear-to-Date
BudgetBudget
Beginning Fund Balance$ 180,269$ 180,269$ 202,403
+Net Increase (Decrease)
(141,026) (141,026) 90,044
Ending Fund Balance$ 39,243$ 39,243$ 292,447
As of preliminary audit of FY15-16 CAFR.
Town CouncilPage 38 of 203Meeting Date: May 23, 2017
TOWN OF TROPHY CLUB
APRIL 2017 FINANCIAL REPORT
STREET MAINTENANCE SALES TAX FUND
Percent of Budget Year Transpired:
Year-to-Date April 201758%
Original Revised
RevenueYear-to-DateVariance% Received
BudgetBudget
Sales Tax$ 223,754$ 223,754$ 127,789$ (95,965)57%
Interest Income$ -$ -$ 10$ 10N/A
Total Revenue$ 223,754$ 223,754$ 127,800$ (95,965)57%
Original Revised
ExpendituresYear-to-DateVariance% Used
BudgetBudget
Operating Expenditures$ 176,975$ 176,975$ 57,885$ ( 119,090)33%
Total Expenses$ 176,975$ 176,975$ 57,885$ 119,09033%
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$ 2,080 $ 2,080 $ (5,017)
+Net Increase (Decrease) 21,779 21,779 57, 414
Ending Fund Balance$ 23,859$ 23,859$ 52,397
As of preliminary audit of FY15-16 CAFR.
Town CouncilPage 39 of 203Meeting Date: May 23, 2017
TOWN OF TROPHY CLUB
APRIL 2017 FINANCIAL REPORT
COURT TECHNOLOGY FUND
Percent of Budget Year Transpired:
Year-to-Date April 201758%
Original Revised
RevenueYear-to-DateVariance% Received
BudgetBudget
Fines & Fees$ 4,000 $ 4,000 $ 1, 893$ (2,107)47%
Total Revenue$ 4,000$ 4,000$ 1,893$ (2,107)47%
Original Revised
ExpendituresYear-to-DateVariance% Used
BudgetBudget
Purchased Services$ 8,133 $ 8,633 $ 4, 081$ 4, 55247%
Total Expenditure$ 8,133$ 8,633$ 4,081$ 4,55247%
Incode annual Court maintenance.
Original Revised
Fund BalanceYear-to-Date
BudgetBudget
Beginning Fund Balance$ 20,270$ 20,270$ 19,097
+Net Increase (Decrease) (4,133) (4,133) (2,189)
Ending Fund Balance$ 16,137$ 16,137$ 16,908
As of preliminary audit of FY15-16 CAFR.
Town CouncilPage 40 of 203Meeting Date: May 23, 2017
TOWN OF TROPHY CLUB
APRIL 2017 FINANCIAL REPORT
COURT SECURITY FUND
Percent of Budget Year Transpired:
Year-to-Date April 201758%
Original Revised
RevenueYear-to-DateVariance% Received
BudgetBudget
Municipal Court Security Fee$ 3,000 $ 3,000 $ 1, 420$ (1,580)47%
Total Revenue$ 3,000$ 3,000$ 1,420$ (1,580)47%
Original Revised
ExpendituresYear-to-DateVariance% Used
BudgetBudget
Purchased Services$ 2,294 $ 2,294 $ 350$ 1, 94415%
Total Expenditure$ 2,294$ 2,294$ 350$ 1,94415%
Original Revised
Other UsesYear-to-DateVariance% Received
BudgetBudget
Transfer to General Fund$ 3,000 $ 3,000 $ 1, 500$ 1, 50050%
Total Other Uses$ 3,000$ 3,000$ 1,500$ 1,50050%
Original Revised
Fund BalanceYear-to-Date
BudgetBudget
Beginning Fund Balance$ 21,643$ 21,643$ 20,571
+Net Increase (Decrease) (2,294) (2,294) (430)
Ending Fund Balance$ 19,349$ 19,349$ 20,141
As of preliminary audit of FY15-16 CAFR.
Town CouncilPage 41 of 203Meeting Date: May 23, 2017
TOWN OF TROPHY CLUB
APRIL 2017 FINANCIAL REPORT
HOTEL OCCUPANCY
Percent of Budget Year Transpired:
Year-to-Date April 201758%
Original Revised
RevenueYear-to-DateVariance% Received
BudgetBudget
Hotel Occupancy Tax$ 443,400$ 443,400$ 268,296$ (175,104) 61%
4th of July Revenue 5,000 5,000 3,694 (1,306)74%
Interest income 500 500 3,311 2,811662%
Total Revenue$ 448,900$ 448,900$ 275,300$ ( 173,600)61%
Original Revised
ExpendituresYear-to-DateVariance% Used
BudgetBudget
43%
Personnel $ 136,406 $ 136,406 $ 59,172$ 77,234
Services & Supplies 120,925 120,925 24,172 96,753 20%
Capital Outlay 380,000 380,000 353,210 26, 79093%
Total Expenditures$ 637,331$ 637,331$ 436,554$ 173,98768%
Veteran's Memorial in progress.
Original Revised
Fund BalanceYear-to-Date
BudgetBudget
Beginning Fund Balance$ 420,523$ 420,523$ 564,363
+Net Increase (Decrease) (188,431) (188,431) (161,254)
Ending Fund Balance$ 232,092$ 232,092$ 403,109
As of preliminary audit of FY15-16 CAFR.
Town CouncilPage 42 of 203Meeting Date: May 23, 2017
TOWN OF TROPHY CLUB
APRIL 2017 FINANCIAL REPORT
RECREATIONAL PROGRAMS
Percent of Budget Year Transpired:
Year-to-Date April 201758%
Original Revised
RevenueYear-to-DateVariance% Received
BudgetBudget
Recreational Programs$ 8,000$ 8,000$ 7, 505$ ( 495)94%
Total Revenue$ 8,000$ 8,000$ 7,505$ (495)94%
Original Revised
ExpendituresYear-to-DateVariance% Used
BudgetBudget
Recreational Programs$ 8,000$ 8,000$ 5, 397$ 2, 60367%
Total Expenditures$ 8,000$ 8,000$ 5,397$ 2,60367%
Includes kickball and archery expenses.
Original Revised
Fund BalanceYear-to-Date
BudgetBudget
Beginning Fund Balance$ 3,395$ 3,395$ 2, 269
+Net Increase (Decrease) - - 2,108
Ending Fund Balance$ 3,395$ 3,395$ 4,377
As of preliminary audit of FY15-16 CAFR.
Town CouncilPage 43 of 203Meeting Date: May 23, 2017
TOWN OF TROPHY CLUB
APRIL 2017 FINANCIAL REPORT
ECONOMIC DEVELOPMENT COPORATION 4B
Percent of Budget Year Transpired:
Year-to-Date April 201758%
Original Revised
RevenueYear-to-DateVariance% Received
BudgetBudget
Sales Tax$ 447,509$ 447,509$ 255,579$ 255,57957%
Interest Income 1,500 1,500 1,637 1,637109%
Total Revenue$ 449,009$ 449,009$ 257,215$ 257,21557%
Original Revised
ExpensesYear-to-DateVariance% Used
BudgetBudget
Professional Outside Services$ 2,000 $ 2,000 $ 500$ 1,500 25%
Auditing 1,000 1,000 1,000100%
-
Advertising 4,200 4,200 4,2000%
-
Printing 250 250 2500%
-
Schools & Training 1,000 1,000 1,0000%
-
Dues & Membership 1,050 1,050 1,0500%
-
Travel & Per Diem 422 422 4220%
-
Office Supplies 250 250 30 22012%
Miscellaneous Expense 3,500 3,500 3,535 (35)101%
EDC Projects 15,950 15,950 17,018 (1,068)107%
Incentive Programs 206,820 206,820 82,118 124,70240%
Paying Agent Fee 400 400 200 20050%
Debt Service 202,423 202,423 202,4230%
-
Total Expenses$ 439,265$ 439,265$ 104,400$ 334,86524%
Original Revised Operating
Working CapitalYear-to-Date
BudgetBudgetDays
Beginning Working Capital$ 544,191$ 544,191$ 561,247 460
+Net Increase (Decrease) 9,744 9,744 152,815 125
Ending Working Capital$ 553,935$ 553,935$ 714,062$ 585
Debris clean-up near Hampton Inn.
Temporary parking lot.
As of preliminary audit of FY15-16 CAFR.
Town CouncilPage 44 of 203Meeting Date: May 23, 2017
TOWN OF TROPHY CLUB
APRIL 2017 FINANCIAL REPORT
TIRZ #1
Percent of Budget Year Transpired:
Year-to-Date April 201758%
Original Revised
RevenueYear-to-DateVariance% Received
BudgetBudget
Propety Tax$ 80,174 $ 80,174 $ -$ (80,174)0%
Sales Tax 12,500 12,500$ (12,500)0%
-
Total Revenue$ 92,674$ 92,674$ -$ (92,674)0%
To be tranferred at end of fiscal year.
Original Revised
ExpensesYear-to-DateVariance% Used
BudgetBudget
N/A
Incentive Programs $-$-$ 7,268$ (7, 268)
Total Expenses$ -$ -$ 7,268$ (7, 268)N/A
Original Revised
Working CapitalYear-to-Date
BudgetBudget
Beginning Working Capital $ (379,235)
$ (383,632)$ (383,632)
+Net Increase (Decrease) 92,674 92,674 (7,268)
Ending Working Capital $ (386,503)
$ (290,958)$ (290,958)
As of preliminary audit of FY15-16 CAFR.
Town CouncilPage 45 of 203Meeting Date: May 23, 2017
Town CouncilPage 46 of 203Meeting Date: May 23, 2017
Town CouncilPage 47 of 203Meeting Date: May 23, 2017
Town CouncilPage 48 of 203Meeting Date: May 23, 2017
Town CouncilPage 49 of 203Meeting Date: May 23, 2017
Town CouncilPage 50 of 203Meeting Date: May 23, 2017
Town CouncilPage 51 of 203Meeting Date: May 23, 2017
Town CouncilPage 52 of 203Meeting Date: May 23, 2017
Town CouncilPage 53 of 203Meeting Date: May 23, 2017
Town CouncilPage 54 of 203Meeting Date: May 23, 2017
Town CouncilPage 55 of 203Meeting Date: May 23, 2017
Town CouncilPage 56 of 203Meeting Date: May 23, 2017
Town CouncilPage 57 of 203Meeting Date: May 23, 2017
Town CouncilPage 58 of 203Meeting Date: May 23, 2017
Town CouncilPage 59 of 203Meeting Date: May 23, 2017
Town CouncilPage 60 of 203Meeting Date: May 23, 2017
Town CouncilPage 61 of 203Meeting Date: May 23, 2017
Town CouncilPage 62 of 203Meeting Date: May 23, 2017
Town CouncilPage 63 of 203Meeting Date: May 23, 2017
Town CouncilPage 64 of 203Meeting Date: May 23, 2017
Town CouncilPage 65 of 203Meeting Date: May 23, 2017
Town CouncilPage 66 of 203Meeting Date: May 23, 2017
Town CouncilPage 67 of 203Meeting Date: May 23, 2017
Town CouncilPage 68 of 203Meeting Date: May 23, 2017
Town CouncilPage 69 of 203Meeting Date: May 23, 2017
Town CouncilPage 70 of 203Meeting Date: May 23, 2017
Town CouncilPage 71 of 203Meeting Date: May 23, 2017
Town CouncilPage 72 of 203Meeting Date: May 23, 2017
Town CouncilPage 73 of 203Meeting Date: May 23, 2017
Town CouncilPage 74 of 203Meeting Date: May 23, 2017
Town CouncilPage 75 of 203Meeting Date: May 23, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-210-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:5/9/2017 In control:Town Council
On agenda:5/23/2017 Final action:
Title:Consider and take appropriate action regarding an Ordinance approving a negotiated settlement
between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division
regarding the Company’s 2017 Rate Review Mechanism filings; declaring existing rates to be
unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement;
finding the rates to be set by the settlement tariffs to be just and reasonable and in the public interest;
requiring reconciliation and rate adjustments if federal income tax rates change; terminating the RRM
process for 2018 pending renegotiation of RRM terms and conditions; requiring the Company to
reimburse ACSC’s reasonable ratemaking expenses; determining that this ordinance was passed in
accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause;
declaring an effective date; and requiring delivery of this ordinance to the Company and the ACSC’s
legal counsel (Staff).
Attachments:Staff Report - Atmos Energy Corp., Mid-Tex Division Settlement.pdf
ORD 2017-13 - Settlement between ACSC and Atmos Energy Mid-Tex resolving the 2017 RRM.pdf
DateVer.Action ByActionResult
Agenda Item No. 6:
ConsiderandtakeappropriateactionregardinganOrdinanceapprovinganegotiatedsettlementbetweentheAtmos
CitiesSteeringCommittee(“ACSC”)andAtmosEnergyCorp.,Mid-TexDivisionregardingtheCompany’s2017Rate
ReviewMechanismfilings;declaringexistingratestobeunreasonable;adoptingtariffsthatreflectrateadjustments
consistentwiththenegotiatedsettlement;findingtheratestobesetbythesettlementtariffstobejustandreasonable
andinthepublicinterest;requiringreconciliationandrateadjustmentsiffederalincometaxrateschange;terminatingthe
RRMprocessfor2018pendingrenegotiationofRRMtermsandconditions;requiringtheCompanytoreimburseACSC’s
reasonableratemakingexpenses;determiningthatthisordinancewaspassedinaccordancewiththerequirementsofthe
TexasOpenMeetingsAct;adoptingasavingsclause;declaringaneffectivedate;andrequiringdeliveryofthisordinance
to the Company and the ACSC’s legal counsel (Staff).
Town CouncilPage 76 of 203Meeting Date: May 23, 2017
To: Mayor and Town Council
From:Thomas M. Class, Sr., Town Manager
CC: Holly Fimbres, Town Secretary/RMO
Re: Atmos Energy Corp.,Mid-Tex Division Settlement
Town Council Meeting, May 23, 2017
Agenda Item:
Consider and take appropriate action regarding an Ordinance approving a negotiated
settlement between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp.,
Mid-Tex Division regarding the Company’s 2017 Rate Review Mechanism filings; declaring
existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with
the negotiated settlement; finding the rates to be set by the settlement tariffs to be just and
reasonable and in the public interest; requiring reconciliation and rate adjustments if federal
income tax rates change; terminating the RRM process for 2018 pending renegotiation of RRM
terms and conditions; requiring the Company to reimburse ACSC’s reasonable ratemaking
expenses; determining that this ordinance was passed in accordance with the requirements of
the Texas Open Meetings Act; adopting a savings clause; declaring an effective date; and
requiring delivery of this ordinance to the Company and the ACSC’s legal counsel (Staff).
Explanation:
The City, along with other similarly situated cities served by Atmos Energy Corp., Mid-Tex
Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee
(“ACSC”). The RRM Tariff was originally adopted by ACSC member cities in 2007 as an
alternative to the Gas Reliability Infrastructure Program (“GRIP”), the statutory provision that
allows Atmos to bypass the City’s rate regulatory authority to increase its rates annually to
recover capital investments. The RRM Tariff has been modified several times, most recently in
2013.
The 2017 RRM filing is the fifth RRM filing under the renewed RRM Tariff. On March 1, 2017,
Atmos made a filing requesting $57.4 million additional revenues on a system-wide basis.
Because the City of Dallas has a separate rate review process, exclusion of Dallas results in the
Company requesting $46.4 million from other municipalities.
Environs customers (ratepayers outside municipal limits) remain under the Railroad
Commission’s exclusive original jurisdiction and have their rates set through the GRIP process.
If the Company had used the GRIP process rather than the RRM process it would receive a
$52.4 million increase, or about $4.4 million more than will be approved by the Ordinance.
Page 1 of 3
Town CouncilPage 77 of 203Meeting Date: May 23, 2017
ACSC and the Company have reached an agreement, reflected in the Ordinance, to reduce the
Company’s request by $9.4 million, such that the Ordinance approving new rates reflects an
increase of $48 million on a system-wide basis, or $38.8 million for Mid-Tex Cities, exclusive of
the City of Dallas.
The tariffs attached to the Ordinance approve rates that will increase the Company’s revenues
by $38.8 million for the Mid-Tex Rate Division, effective for bills rendered on or after June 1,
2017. The monthly residential customer charge will be $19.60. The consumption charge will be
$0.14 per Ccf. The monthly bill impact for the typical residential customer consuming 46.8 Ccf
will be an increase of $2.04, or about 3.87%. The typical commercial customer will see an
increase of $6.27, or 2.37%. Attached to this Model Staff Report is a summary of the impact of
new rates on the average bills of all customer classes.
The ACSC Executive Committee and its designated legal counsel and consultants recommend
that all Cities adopt the Ordinance with its attachments approving the negotiated rate
settlement resolving the 2017 RRM filing, and implementing the rate change.
Explanation of “Be It Ordained” Sections:
1.This section approves all findings in the Ordinance.
2.This section finds the settled amount of $48 million on a system-wide basis to be a
comprehensive settlement of gas utility rate issues arising from Atmos Mid-Tex’s2017
RRM filing, and that such settlement is in the public interest and is consistent with the
City’s statutory authority.
3.This section finds the existing Atmos Mid-Tex rates to be unreasonable, and approves
the new tariffed rates providing for additional revenues over currently-billed rates of
$48 million on a system-wide basis and adopts the attached new rate tariffs
(Attachment A).
4. This section establishes the baseline for pensions and other post-employment benefits
for future rate cases (Attachment C).
5. This section requires the Company to reimburse Cities for reasonable ratemaking costs
associated with reviewing and processing the RRM filing.
6.This section requires a rate reconciliation in the event that federal income tax rates
change.
7.This section requires renegotiation of current RRM terms and conditions this Summer
and if new terms and conditions are not agreed to by both parties, the RRM process will
be terminated and Cities will be encouraged to pass show cause resolutions to trigger a
traditional rate case at the Railroad Commission.
8.This section repeals any resolution or ordinance that is inconsistent with this Ordinance.
Page 2 of 3
Town CouncilPage 78 of 203Meeting Date: May 23, 2017
9.This section finds that the meeting was conducted in compliance with the Texas Open
Meetings Act, Texas Government Code, Chapter 551.
10. This section is a savings clause, which provides that if any section(s) is later found to be
unconstitutional or invalid, that finding shall not affect, impair or invalidate the
remaining provisions of this Ordinance. This section further directs that the remaining
provisions of the Ordinance are to be interpreted as if the offending section or clause
never existed.
11. This section provides for an effective date upon passage which, according to the Cities’
ordinance that adopted the RRM process, is June 1, 2017.
12. This paragraph directs that a copy of the signed Ordinance be sent to a representative of
the Company and legal counsel for the Steering Committee.
Recommendation:
Staff recommends approval of Ordinance No. 2017-13.
Page 3 of 3
Town CouncilPage 79 of 203Meeting Date: May 23, 2017
TOWN OF TROPHY CLUB,TEXAS
ORDINANCE NO. 2017-13
AN ORDINANCE OF THE TOWNCOUNCIL OF THE TOWN OF
TROPHY CLUB,TEXAS, APPROVING A NEGOTIATED SETTLEMENT
BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”)
AND ATMOS ENERGY CORP., MID-TEXDIVISION REGARDING THE
COMPANY’S 2017 RATE REVIEW MECHANISM FILINGS;
DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING
TARIFFS THAT REFLECTRATE ADJUSTMENTS CONSISTENT WITH
THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BESET
BY THE SETTLEMENTTARIFFS TO BE JUST AND REASONABLE
AND IN THE PUBLIC INTEREST;REQUIRING RECONCILIATION AND
RATE ADJUSTMENTS IF FEDERAL INCOME TAX RATES CHANGE;
TERMINATING THE RRM PROCESS FOR 2018 PENDING
RENEGOTIATION OF RRM TERMS AND CONDITIONS; REQUIRING
THE COMPANY TO REIMBURSE ACSC’SREASONABLE
RATEMAKING EXPENSES;DETERMINING THAT THIS ORDINANCE
WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE
TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE;
DECLARING AN EFFECTIVE DATE;AND REQUIRING DELIVERY OF
THIS ORDINANCE TO THE COMPANY AND THE ACSC’SLEGAL
COUNSEL.
WHEREAS,
the Town of Trophy Club, Texas (“Town”) is a gas utility customer of
Atmos Energy Corp., Mid-TexDivision (“AtmosMid-Tex” or “Company”), anda
regulatory authority with an interest in the rates and charges of AtmosMid-Tex; and
WHEREAS,
the Townis a member of the AtmosCities Steering Committee
(“ACSC”), a coalition of similarly-situated cities served by Atmos Mid-Tex(“ACSC
Cities”)that have joined together to facilitate the review of, and response to, natural gas
issues affecting rates charged in the Atmos Mid-Texservice area; and
WHEREAS,
ACSCand the Company worked collaboratively to develop a new
Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process
byACSCCities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”)
process instituted by the Legislature, and that will establish rates for the ACSCCities
based on the system-wide cost ofserving the Atmos Mid-TexDivision; and
WHEREAS,
on March 1, 2017, Atmos Mid-Tex filed its 2017 RRM rate request
with ACSC Cities; and
WHEREAS,
ACSCcoordinated its review of the Atmos Mid-Tex2017 RRMfiling
through its Executive Committee, assisted by ACSC’sattorneys and consultants, to
resolve issues identified in the Company’s RRM filing; and
Town CouncilPage 80 of 203Meeting Date: May 23, 2017
WHEREAS,
the ExecutiveCommittee, as well as ACSC’scounseland
consultants, recommend that ACSCCities approve an increase in base ratesfor Atmos
Mid-Texof $48million on a system-wide basis; and
WHEREAS,
the attached tariffs implementing new rates are consistent with the
recommendation of the ACSC Executive Committee, are agreed to by the Company,
and are just, reasonable, and in the public interest;
WHEREAS,
the RRM Tariff contemplates reimbursement of ACSC’sreasonable
expenses associated with RRM applications;
WHEREAS,
the Company and ACSC have agreed that rates should be adjusted
if any change in federal income tax rates is implemented during the period that rates
approved herein remain in place; and
WHEREAS,
because ACSC believes that certain provisions of the current terms
and conditions of the RRM tariff are inconsistent with market conditions, the Town
expects renegotiation of the current RRM tariff in the Summer of 2017.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWNCOUNCIL OF THE
TOWNOF TROPHY CLUB, TEXAS:
Section 1.That the findings set forth in this Ordinance are hereby in all things
approved.
Section 2. That the TownCouncil finds that the settled amount of an increase in
revenues of $48million on a system-wide basisrepresentsa comprehensive settlement
of gas utility rate issues affecting the rates, operations, and services offered by Atmos
Mid-Tex within the municipal limitsarising from Atmos Mid-Tex’s 2017 RRM filing, is in
the public interest, and is consistent with the Town’s authority under Section 103.001 of
the Texas Utilities Code.
Section 3.That the existing rates for natural gas service provided by Atmos
Mid-Texare unreasonable. Thenew tariffs attached hereto and incorporated herein as
Attachment A, are just and reasonable, and are designed toallow Atmos Mid-Tex to
recover annually an additional $48million in revenue over the amount allowed under
currently approved rates, as shown in the Proof of Revenuesattached hereto and
incorporated herein as Attachment B; such tariffsare hereby adopted.
Section 4.That the ratemaking treatment for pensions and other post-
employment benefits in Atmos Mid-Tex’s next RRM filing shall be as set forth on
Attachment C, attached hereto and incorporated herein.
ORD 2017-13 Page 2 of 4
Town CouncilPage 81 of 203Meeting Date: May 23, 2017
Section 5.Consistent with Texas Utilities Code Section 104.055(c), Atmos
Energy’s recovery of federal income tax expense through the Rider RRM has been
computed using the statutory income tax rate. In the event that a change in the
statutory income tax rate is implemented during the Rider RRM Rate Effective Date,
Atmos Energy shall reconcile the difference between the amount of federal income tax
expense included in the Rider RRM calculation for the Rate Effective Date with the
amount of federal income tax expense authorized under the new statutory income tax
rate. The reconciliation period shall be from the date on which any new statutory
income tax rate is implemented through the Rate Effective Date. An interest component
calculated at the customer deposit interest rate then in effect as approved by the
Railroad Commission of Texas shall be applied to the federal income tax expense
reconciliation. Further, any required reconciliation of federal income tax expense shall
be included as part of Atmos Mid-Tex’s next annual RRM filing and shall be returned to
or recovered from customers as a one-time credit or surcharge to the customer’s bill.
.
Section 6The Townrequires renegotiation of RRM tariff terms and conditions
during the Summer of 20017. If an agreed renegotiated RRM tariff cannot be achieved,
the Townwill terminate the RRM process and consider initiation of a traditional rate
case to reduce the Company’s authorized return on equity.
Section 7.That Atmos Mid-Texshall reimburse the reasonable ratemaking
expenses of the ACSCin processing the Company’s 2017 RRMfiling.
Section 8.That to the extent any resolution or ordinance previously adopted by
the Council is inconsistent with this Ordinance, it is hereby repealed.
Section 9.That the meeting at which this Ordinance was approved was in all
things conducted in strict compliance with the Texas Open Meetings Act, Texas
Government Code, Chapter 551.
Section 10.That if any one or more sections or clauses of this Ordinance is
adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or
invalidate the remaining provisions of this Ordinance, and the remaining provisions of
the Ordinance shall be interpreted as if the offending section or clause never existed.
Section 11.That consistent with the TownOrdinance that established the RRM
process, this Ordinance shall become effective from and after its passage with rates
authorized by attached tariffs to be effective for bills rendered on or afterJune 1,2017.
Section 12.That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care
of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-TexDivision, Atmos
Energy Corporation, 5420 LJB Freeway, Suite 1862, Dallas, Texas 75240,and to
Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend,
P.C., 816 Congress Avenue, Suite1900, Austin, Texas 78701.
ORD 2017-13 Page 3 of 4
Town CouncilPage 82 of 203Meeting Date: May 23, 2017
PASSED AND APPROVED
by the Town Council of the Town of Trophy Club,
Texas, this 23rdday of May 2017.
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 2017-13 Page 4 of 4
Town CouncilPage 83 of 203Meeting Date: May 23, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-211-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:5/9/2017 In control:Town Council
On agenda:5/23/2017 Final action:
Title:Consider and take appropriate action regarding an Interlocal Purchasing Agreement between the
Town and the City of Southlake for the purchase of goods and services; and authorizing the Mayor or
his designee to execute all necessary documents (Staff).
Attachments:Staff Report - Southlake Interlocal Purchasing Agreement.pdf
Southlake Interlocal Purchasing Agreement.pdf
DateVer.Action ByActionResult
Agenda Item No. 7:
ConsiderandtakeappropriateactionregardinganInterlocalPurchasingAgreementbetweentheTownandtheCityof
Southlakeforthepurchaseofgoodsandservices;andauthorizingtheMayororhisdesigneetoexecuteallnecessary
documents (Staff).
Town CouncilPage 84 of 203Meeting Date: May 23, 2017
To: Mayor and Town Council
From:Ron Powell, Acting Director of Community Development
CC: ThomasM. ClassSr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: SouthlakeILA
Town Council Meeting, May 23, 2017
Agenda Item:
Consider and take appropriate action regarding an Interlocal Purchasing Agreement between
the Town and the City of Southlake for the purchase of goods and services; and authorizing the
Mayor or his designee to execute all necessary documents (Staff).
Explanation:
The primary purpose of this ILA is to allow the Town to procure the same prices for the same
quantity for street repairs and panel replacements as the City of Southlake. In addition, should
the Town find any other current Southlake contracts advantageous, this item along with a
resolution allowing cooperative purchasing with Southlake, would provide already bid contract
prices without the Town having to perform the bid process.
Attachments:
Southlake Interlocal Purchasing Agreement
Recommendation:
Staff recommends Council approval of the Interlocal Purchasing Agreement as presented.
Page 1 of 1
Town CouncilPage 85 of 203Meeting Date: May 23, 2017
Town CouncilPage 86 of 203Meeting Date: May 23, 2017
Town CouncilPage 87 of 203Meeting Date: May 23, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-222-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:5/16/2017 In control:Town Council
On agenda:5/23/2017 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 - Police Department Public Safety Application Support & Maintenance.pdf
Denton County ILA for Police Department Public Safety Application Support & Maintenance.pdf
DateVer.Action ByActionResult
Agenda Item No. 8:
ConsiderandtakeappropriateactionregardinganInterlocalCooperationAgreementbetweentheTownandDenton
CountyforPublicSafetyApplicationSupportandMaintenanceforthePoliceDepartment;andauthorizingtheMayoror
his designee to execute all necessary documents (Staff).
Town CouncilPage 88 of 203Meeting Date: May 23, 2017
To: Mayor and Town Council
From:Patrick Arata, Police Chief
CC: Thomas M. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Public Safety Application Support and Maintenance for the Police Department
Town Council Meeting, May 23, 2017
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 software service support for the Police dispatch system for FY
2017 - 2018.
Attachments:
Denton County ILA for Police Department Public Safety Application Support and
Maintenance
Recommendation:
Staff recommends Council approve the Interlocal Cooperation Agreement.
Budget impact:
Impact of $15,309.45.
This funding will be coded in the IT budget for FY 2017 -2018
Page 1 of 1
Town CouncilPage 89 of 203Meeting Date: May 23, 2017
STATE OF TEXAS §
§
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT FOR
PUBLIC SAFETY APPLICATION SUPPORT AND MAINTENANCE
This Interlocal Cooperation Agreement for Public Safety Application Support and
Maintenance, hereinafter referred to as Agreement, is made by and between Denton County, a
political subdivision of the State of Texas, hereinafter referred to as the , and
Name of Agency: Trophy Club PD
hereinafter referred to as .
WHEREAS, County is a duly organized political subdivision of the State of Texas engaged
in the administration of county government and related services for the benefit of the citizens of
Denton County, Texas; and
WHEREAS, Agency is duly organized and operating under the laws of the State of Texas
engaged in the provision of municipal government and/or related services for the benefit of the
citizens of Agency; and
WHEREAS, County and Agency agree that the utilization of combined support and
maintenance of public safety systems will be in the best interests of both County and Agency,
WHEREAS, County and Agency desire to maximize the value in the utilized public safety
applications to improve public safety and law enforcement throughout Denton County,
WHEREAS, County and Agency mutually desire to be subject to the provisions of the
Interlocal Cooperation Act of the V.T.C.A. Government Code, Chapter 791; and
NOW THEREFORE, County and Agency, for the mutual consideration hereinafter stated,
agree and understand as follows:
1.PURPOSE. The Denton County Department of Technology Services has the
resources to provide public safety application support service throughout Denton County.
Agency wishes to utilize Counavailable public safety application support services
during the term of this agreement.
2.TERM OF AGREEMENT. The term of this Agreement shall be for a one year period
beginning October 1, 2017 and ending on September 30, 2018. Agency may select the desired level
of support (either Basic or Enhanced) for each term of Agreement.
3.TERMINATION OF AGREEMENT. Either party may terminate this agreement,
with or without cause, after providing sixty (60) days written notice to the other party.
Page 1 of 6
Interlocal Cooperation Agreement for 2017-18
Public Safety Application Support and Maintenance
Town CouncilPage 90 of 203Meeting Date: May 23, 2017
4. BASIC SUPPORT. Each Agency that participates in the Denton County Shared
Governance Communications & Dispatch Services System shall be eligible to receive basic
support (as defined in Service Level Agreement) from County at no additional cost.
5. ENHANCED SUPPORT. Each Agency that participates in the Denton County
Shared Governance Communications & Dispatch Services System shall be eligible to select
optional enhanced support (as defined in Exhibit Service Level Agreement) from County.
5.1 If this Agreement is terminated prior to the expiration of the term of
Agreement, County shall send a pro-rated refund of the optional enhanced
support fees back to Agency based on the amount of time left on the
original agreement term.
5.2 Agency shall pay to County the Total Amount more fully described on
6. SOFTWARE LICENSES AND MAINTENANCE.
supported applications as described in 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 is responsible for purchasing any new Software licenses required
by Agency.
6.2. Agency is responsible for payment of all maintenance fees on Software
currently in use by Agency. Payment may be made either directly to the
software manufacturer or as a reimbursement to County for maintenance
hat are paid by County on
behalf of Agency are described in County will work with
Agency and software manufacturer to transfer Agency specific
maintenance costs to bill directly to Agency (instead of billing to County
and requiring reimbursement from Agency).
6.3 If this Agreement is terminated prior to the expiration of the term of
Agreement, maintenance fees already paid to the software manufacturer
are not eligible for refund.
7. COUNTY SERVICES AND RESPONSIBILITIES. County agrees to provide the
following services and responsibilities:
7.1 County shall provide either Basic Support Services or Enhanced Support
Services as more fully described
7.2 If applicable, County shall provide any mutually agreed Additional Agency
Specific Services as more fully described
7.3 County shall have the sole discretion as to the method of providing the
Services and shall be the sole judge as to the most expeditious and effective manner of handling
and responding to service requests. County will devote sufficient time to insure the performance
of all duties and obligations set forth herein.
Page 2 of 6
Interlocal Cooperation Agreement for 2017-18
Public Safety Application Support and Maintenance
Town CouncilPage 91 of 203Meeting Date: May 23, 2017
8.AGENCY RESPONSIBILITIES. Agency agrees to the following responsibilities:
8.1 Furnish County with a current list of key contacts including an IT
coordinator contact on page
8.2 Except 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.
8.3 Agency 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 other system now or in the future
associated with TLETS concerning the collection, storage, processing,
retrieval, dissemination and exchange of information for criminal justice
purposes.
8.4 Agency shall select the desired level of support (either Basic or Enhanced)
on the signature page to this Agreement.
8.5 Agency is responsible for sending payments to County (Denton County
Auditor, Attn: Public Safety Application Support & Maintenance, 401 W.
Hickory St, Ste 423, Denton, TX 76201) as more fully described in Exhibit
eement.
9.AGREEMENT. The parties acknowledge they have read and understand and
intend to be bound by the terms and conditions of this Agreement. This Agreement contains the
entire understanding between the parties concerning the subject matter hereof. No prior
understandings, whether verbal or written, between the parties or their agents are enforceable
unless included in writing in this agreement. This Agreement may be amended only by written
instrument signed by both parties.
10.AGREEMENT LIASONS. Each party to this agreement shall designate a Liaison to
insure the performance of all duties and obligations of the parties. The Liaison for each party
shall devote sufficient time and attention to the execution of said duties on behalf of the Party to
ensure full compliance with the terms and conditions of this Agreement.
11.ASSIGNMENT. Neither party shall assign, transfer, or sub-contract any of its rights,
burdens, duties, or obligations under this Agreement without the prior written permission of the
other party to this Agreement.
12.AGENCY LIABILITY. Agency understands and agrees that Agency, its employees,
servants, agents, and representatives shall at no time represent themselves to be employees,
servants, agents, or representatives of County. Agency shall not be required to indemnify nor
defend County for any liability arising out of the wrongful acts of employees or agents of County
to the extent allowed by Texas law.
13.COUNTY LIABILITY. County understands and agrees that County, its employees,
servants, agents, and representatives shall at no time represent themselves to be employees,
servants, agents, or representatives of Agency. County shall not be required to indemnify nor
defend Agency for any liability arising out of the wrongful acts of employees or agents of Agency
to the extent allowed by Texas law.
Page 3 of 6
Interlocal Cooperation Agreement for 2017-18
Public Safety Application Support and Maintenance
Town CouncilPage 92 of 203Meeting Date: May 23, 2017
14.DISPUTES/RECOURSE. County and Agency agree that any disputes or
disagreements that may arise which are not resolved at the staff level by the parties should be
referred to the Appointed Liaisons for each entity. Any further disputes arising from the failure
of either Agency or County to perform shall be submitted to mediation, with the parties splitting
the mediation fees equally. It is further agreed and understood that the scope of matters to be
submitted to dispute mediation as referenced above is limited to disputes concerning sufficiency
of performance and duty to pay or entitlement, if any, to any reduced fee or compensation. Any
other disputes or conflicts involving damages or claimed remedies outside the scope of
sufficiency of performance and compensation adjustment shall be referred to a court of
competent jurisdiction in Denton County, Texas.
15.EXHIBITS. Attached hereto, and referred to elsewhere in this Agreement are the
following Exhibits, which are hereby incorporated by reference.
Exhibit A Service Level Agreement v1.0
Exhibit B Cost Schedule for Maintenance and Enhanced Support
16.MULTIPLE ORIGINALS. It is understood and agreed that this Agreement may be
executed in a number of identical counterparts, each of which shall be deemed an original for
all purposes.
17.NOTICES. All notices, demands or other writings may be delivered by either party
by U.S. First Class Mail or by other reliable courier to the parties at the following addresses:
County: 1 Denton County Judge
Denton County Commissioners Court
110 West Hickory, Room #207
Denton, Texas 76201
2 Chief Information Officer (CIO)
Denton County Technology Services
701 Kimberly Drive, Suite 285
Denton, Texas 76208
3 Assistant District Attorney
Denton County Criminal District
1450 E. McKinney Street, 3 Floor
rd
PO Box 2344
Denton, Texas 76202
Trophy Club PD
Name of Agency:
Chief Patrick Arata
Contact Person
100 M
Address
T C, T 76262
City, State, Zip
6828314655
Telephone
Page 4 of 6
Interlocal Cooperation Agreement for 2017-18
Public Safety Application Support and Maintenance
Town CouncilPage 93 of 203Meeting Date: May 23, 2017
18.SEVERABILITY. The validity of this Agreement and any of its terms or provisions,
as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of
Texas. Further, this Agreement shall be performed and all compensation payable in Denton
County, Texas. In the event that any portion of this Agreement shall be found to be contrary to
law, it is the intent of the parties hereto that the remaining portions shall remain valid and in
full force and effect to the extent possible.
19.THIRD PARTY. This Agreement is made for the express purpose of providing
public safety application support and maintenance services, which both parties recognize to be
a governmental function. Except as provided in this Agreement, neither party assumes any
liability beyond that provided by law. This Agreement is not intended to create any liability for
the benefit of third parties.
20.VENUE. This agreement will be governed and construed according to the laws of
the State of Texas. This agreement shall be performed in Denton County, Texas.
21.WAIVER. The failure of County or Agency to insist upon the performance of any
term or provision of this Agreement or to exercise or enforce any right herein conferred, or the
waiver of a breach of any provision of this Agreement by either party, shall not be construed as
term or right, or future breach of such provision, on any future occasion.
22.AUTHORIZED OFFICIALS. Each party has the full power and authority to enter
into and perform this Agreement. The persons executing this Agreement represent they have
been properly authorized to sign on behalf of their governmental entity.
23.CURRENT FUNDS. All payments made by Agency to County pursuant to this
Agreement shall be from current revenues available to Agency.
Page 5 of 6
Interlocal Cooperation Agreement for 2017-18
Public Safety Application Support and Maintenance
Town CouncilPage 94 of 203Meeting Date: May 23, 2017
DENTONCOUNTY, TEXAS AGENCY
Please select the desired support level:
\[ \] Basic Support
-or-
\[ \] Enhanced Support
___________________________________ ______________________________________
Signature
Mary Horn, County Judge
Denton County Commissioners Court
110 West Hickory, Room #207
Denton, Texas 76201
(940)349-2820
EXECUTED duplicate originals on this EXECUTED duplicate originals on this
Date:________________________ Date:___________________________
Approved as to form: Approved as to form:
_____________________________ _______________________________
Assistant District Attorney Attorney for Agency
Denton County Criminal District
Page 6 of 6
Interlocal Cooperation Agreement for 2017-18
Public Safety Application Support and Maintenance
Town CouncilPage 95 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
Version
VersionDateRevision / Description
1.010/1/2014Initial Version
Name of Agency
Trophy Club PD
Agency Locations
100 MUNICIPAL DR,TROPHY CLUB,TX 76262
Agency Contacts
TitleNameEmailPhone
Agreement LiasonChief, Patrick Arataparata@trophyclub.org6828314655
IT Coordinator
Additional Agency Specific Services
Exhibit A Service Level Agreement v1.0 Public Safety Agencies Page1of 11
Town CouncilPage 96 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
County Contacts
TitleNameEmailPhone
Agreement Liason &Tommy HutsonTommy.Hutson@dentoncounty.com940-349-4357
Application Support Manager
Chief Information OfficerKevin CarrKevin.Carr@dentoncounty.com940-349-4500
Deputy Chief Information OfficerBrian KingBrian.King@dentoncounty.com940-349-4500
Technical Services ManagerDamian Van ZileDamian.VanZile@dentoncounty.com940-349-4357
Desktop Operations ManagerShawn BuchananShawn.Buchanan@dentoncounty.com940-349-4357
Server Operations ManagerRay RoseRay.Rose@dentoncounty.com940-349-4357
Network Operations ManagerDon ClickDon.Click@dentoncounty.com940-349-4357
HELP DESKHelpDesk@dentoncounty.com940-349-4357
Exhibit A Service Level Agreement v1.0 Public Safety Agencies Page2of 11
Town CouncilPage 97 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
Table of Contents
1.Service Overview .......................................................................................................................................................................
4
2.Service Description ....................................................................................................................................................................
4
2.1Assumptions ..............................................................................................................................................................................
4
2.2Supported Applications .............................................................................................................................................................
4
2.3Available Services ......................................................................................................................................................................
5
3.1County Responsibility ................................................................................................................................................................
5
3.2Agency Responsibility ................................................................................................................................................................
6
4.Service Support ..........................................................................................................................................................................
7
4.1Requesting Service .....................................................................................................................................................................
7
4.2Hours of Coverage .....................................................................................................................................................................
7
4.3Incident and Request Response and Prioritization ..................................................................................................................... 7
Resolution .................................................................................................................................................................................
7
4.4
Service Escalation ......................................................................................................................................................................
7
4.5
Priority Levels ............................................................................................................................................................................
8
4.6
Priority level Determination ...................................................................................................................................................... 9
4.7
Service Level Measurements ..................................................................................................................................................... 9
4.8
Scheduled Maintenance ............................................................................................................................................................ 9
4.9
Unscheduled Maintenance ........................................................................................................................................................ 9
4.10
5.Customer Service Survey ......................................................................................................................................................... 10
Exhibit A Service Level Agreement v1.0 Public Safety Agencies Page3of 11
Town CouncilPage 98 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
1.Service Overview
This is a Service Level Agreement between the Agency and the Denton County Department of
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
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
Exhibit A Service Level Agreement v1.0 Public Safety Agencies Page4of 11
Town CouncilPage 99 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
2.3
Available Services
Basic Support Services: Agencies that choose the Basic Support option will be provided the following
services:
Client support services will be provided through the software vendor.
Remote access to county hosted systems for supported applications.
Password resets during normal business hours.
Software update notifications for supported applications.
Maintenance and support of Site-to-Site connections for County owned equipment only.
Participation in the Denton County Law Enforcement Portal (p2c.dentoncounty.com).
Access to the OpCenter web site.
Enhanced Support Services: Agencies that choose the Enhanced Support option will be provided the
following services:
All services provided under Basic Support Services.
Access to Help Desk after-hours support for critical business issues.
Software update assistance for supported applications.
Maintenance and support of the Site-to-Site connection for both County and Agency
equipment.
Access to Training classes for the supported applications provided by DTS as well as other DTS
training services.
Additional Services: Agencies may negotiate additional services specific to their own agency.
Additional Agency
Specific Services
3. Roles and Responsibilities
3.1
County Responsibility
County responsibilities and/or requirements in support of this Agreement include:
Making best efforts to resolve problems (or find workarounds) within the expected completion
times based on the priority for all incidents and requests. Completion times depend on a
number of factors including complexity, the availability of the user, access to external resources
such as software fixes, and the existence of a solution.
Providing assistance with basic installation of software relating to the listed applications.
Acting as the liaison with vendors or external resources for supported services.
Maintaining and updating all county owned software and hardware required to provide Services
for the Supported Applications.
Generating annual reports on service level performance.
Notifying agencies of all scheduled and unscheduled maintenance via e-mail notifications from
the DTS Help Desk.
The County is responsible for the costs and maintenance of all County computer equipment,
network equipment, and software.
Ensuring the security of the County computer systems and network.
Exhibit A Service Level Agreement v1.0 Public Safety Agencies Page5of 11
Town CouncilPage 100 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
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
are carried out and to serve as the primary contact person between the agency and DTS. For
Agencies who use the SunGard RMS and/or have a Site-to-Site connection, the IT Coordinator
will also be responsible for resetting user passwords for their agency utilizing the SMS
application. Because agencies have different needs, IT resources, and levels of internal
expertise, the needs and resources of a given agency may not require the IT Coordinator to have
an extensive technical background.
Exhibit A Service Level Agreement v1.0 Public Safety Agencies Page6of 11
Town CouncilPage 101 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
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
or service or
inquiry), urgency and impact of the Service Request. If the incident cannot be resolved during
the initial call, a DTS technician will be contacted to further research the issue. For responses to
Service Requests, the goal for DTS is to respond in a timely manner.
4.4
Resolution
DTS will use reasonable efforts to resolve Service Requests that are within the control of DTS
responsibilities. Circumstances beyond DTS control (waiting for parts, response from user, or
third party involvement) will constitute a temporary suspension of the SLA clock until
appropriate response, replacement parts or services have been received.
4.5
Service Escalation
If you are not satisfied with the level of service on a request, contact your IT Coordinator or the
Technical Services Manager of DTS. They will respond to you with the action taken or to develop
a solution that meets your needs.
Exhibit A Service Level Agreement v1.0 Public Safety Agencies Page7of 11
Town CouncilPage 102 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
4.6
Priority Levels
DTS provides service based on the following Priority Levels.
Priority Level Characteristics
Priority Level Expected Completion Time Description
Incident Levels (Standard Business Hours 8am 5pm, Monday through Friday)
Critical 8 hours
An incident where systems are down or seriously
80% of the time.
impacted and/or products/services are unavailable.
(Continued repair until
operational)
Normally a global issue or a large number of Agency
users are being affected.
There is no acceptable workaround to the problem (i.e.,
the job cannot be performed in any other way).
The commitment of incident management resources is
critical.
Urgent 1 business day
Issues affecting a large number of users
80% of the time.
Requests that require immediate attention
High 2 business days
The issue causes any Agency user to be unable to work
80% of the time.
or perform some significant portion of their job.
Incidents where systems are degraded/unreliable;
performance and/or legal agreements are at risk.
There is an acceptable and implemented workaround to
the problem (i.e., the job can be performed in some
other way).
The commitment of incident management resources is
high.
Medium 3 business days
An incident where performance and/or legal agreements
80% of the time.
may be degraded. The actual and potential business
impact is low in terms of the user. (a few or less users
are affected)
The issue causes a Agency user to be unable to perform
some small portion of their job, but they are still able to
complete most other tasks. May also include questions
and requests for information.
Exhibit A Service Level Agreement v1.0 Public Safety Agencies Page8of 11
Town CouncilPage 103 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
A temporary workaround, alternative, or circumvention
is available.
There is no commitment of incident management
resources outside of business as usual.
Normal 5 business days
An incident where 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 Low A
Priority Levels (Incidents)
Single User 2 9 users 10+ Users
High High High Urgent
Medium Medium High High
Low Normal Medium Medium
4.8
Service Level Measurements
Service levels will be measured based on the overall service level targets for each agency
broken out by Priority Levels (Critical, Urgent, High, Medium, Normal, Low). These targets are
bas
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 en the overall weighted
percentage will apply to that priority.
4.9
Scheduled Maintenance
DTS plans scheduled maintenance windows each week (usually on Thursday evenings, starting
at 7 p.m. until 7a.m., the next day) to maintain and increase the security, availability, and
performance of the network and supported applications. DTS works to minimize or avoid any
disruption to public safety agencies during the maintenance windows. Agencies will be notified
if we are aware of an anticipated interruption to public safety systems. A notification reminder
will be sent out the morning of the scheduled maintenance day with information about the
maintenance being performed.
4.10
Unscheduled Maintenance
Exhibit A Service Level Agreement v1.0 Public Safety Agencies Page9of 11
Town CouncilPage 104 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
Occasionally DTS may be required to interrupt services to Agency users due to unpredictable
maintenance requirements that had not been previously planned but require prompt attention
and must have action taken to allow for system restoration and protection of county resources.
When possible, email notification will be sent 24 hours, or more, prior to maintenance
specifying the work to be performed.
5.Customer Service Survey
5.1
Survey Form
Upon closure of a Service Request, Agency employees will receive a link to the Customer
Satisfaction Survey. These surveys are important in gauging work quality within DTS and help
improve customer service.
5.2
Customer Satisfaction Survey Ratings Detailed Definitions
Technician went beyond what was required
Quality of work is exceptional; performance far exceeds the needed requirement to fulfill the
request.
Quick to respond. Receptive to needs and was able to understand the request with informative
questioning.
The resolution was much faster than expected.
Communication was frequent throughout the entire process and updates during the progress
and upon finding a solution were completely understandable.
Actions were taken quickly and an optimal solution was found.
Technician showed an ability to quickly understand the request and utilized their skills to the
fullest.
Technician went out of their way in providing support.
Excellent
Quality of work is excellent and an extra effort was taken in fulfilling the request.
Quick response in initial contact. Receptive and willing to help.
The resolution was faster than expected.
Technician made sure to communicate status as well as inform user of solution.
Technician went out of their way to properly resolve the issue.
Technician came up with a solution to allow minimal interruption to the user.
Technician took a complete interest in helping.
Satisfied
Quality of work is acceptable.
Initial contact was cordial and responsive to my needs.
Has demonstrated the ability to handle the Service Request within an 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 Service Level Agreement v1.0 Public Safety Agencies Page10of 11
Town CouncilPage 105 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
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 Service Level Agreement v1.0 Public Safety Agencies Page11of 11
Town CouncilPage 106 of 203Meeting Date: May 23, 2017
Exhibit"B"
FY2018 Cost Schedule for Maintenance and Optional Enhanced Support for
Trophy Club Police Department
ApplicationMaint AmtQtyTotal
$ 127.91 10$ 1,279.05
OSSI MCT Client for Digital Dispatch
$ 25.7810$ 257.81
OSSI Mobile Client Maps
$ 19.286$ 115.69
OSSI Client AVL Mobile License
$ 25.7810$ 257.81
OSSI - MFR Client - Racial Profiling
$ 127.91 10$ 1,279.05
OSSI - MFR Client- Base Incident/Offense
$ 51.1610$ 511.60
OSSI Mobile Arrest Module
$ 29.506$ 177.00
OSSI Accident Wizard Workstation License Client
$ 85.208$ 681.61
OSSI - MFR Client Citation
$ 85.206$ 511.21
OSSI - MFR Client - Accident Reporting
1$ 1,256.93
OSSI Client Base Records Management System
$ 1,256.93
Upgrade to Site License for the following modules:
Records Mgmt System, RMS Maps, Notifications,
1$ 1,902.55
Accident Module, and Mugshot Display
$ 1,902.55
$ 344.37 1$ 344.37
OSSI - Link Analysis Module
OSSI RMS Map Display and Pin Mapping License - Site
$ 196.78 1$ 196.78
License
$ 54.111$ 54.11
OSSI Multi-Jurisdictional RMS Option
$ 221.38 1$ 221.38
OSSI Notification Module
$ 49.191$ 49.19
OSSI Racial Profiling Module-Site
$ 147.59 1$ 147.59
OSSI Sex Offender Module
$ 122.99 1$ 122.99
OSSI Crime Analysis Module - Site License
OSSI Base Mobile Server Software Client - up to 250
$ 537.95 1$ 537.95
workstations
$ 387.41 1$ 387.41
OSSI AVL Server Host License
$ 23.881$ 23.88
OSSI Residential Security Watch Module
$ 397.99 1$ 397.99
OSSI Review Module for Field Reporting
$ 221.38 1$ 221.38
OSSI's Integrated Messaging Software Switch
Total Maintenance Fees to be reimbursed to County
$ 10,935.32
$ 4,374.13
Optiopnal Enhanced Support
Total Maintenance + Optional Enhanced Support
$ 15,309.45
Town CouncilPage 107 of 203Meeting Date: May 23, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-223-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:5/16/2017 In control:Town Council
On agenda:5/23/2017 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 - Fire Department Public Safety Application Support & Maintenance.pdf
Denton County ILA for Fire Department Public Safety Application Support & Maintenance.pdf
DateVer.Action ByActionResult
Agenda Item No. 9:
ConsiderandtakeappropriateactionregardinganInterlocalCooperationAgreementbetweentheTownandDenton
CountyforPublicSafetyApplicationSupportandMaintenancefortheFireDepartment;andauthorizingtheMayororhis
designee to execute all necessary documents (Staff).
Town CouncilPage 108 of 203Meeting Date: May 23, 2017
To: Mayor and Town Council
From:Wade Carroll, Fire Chief
CC: Thomas M. Class, Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Public Safety Application Support and Maintenance for the Fire Department
Town Council Meeting, May 23, 2017
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 software service support for the Fire dispatch system for FY
2017 – 2018, allowing for the software support services of mobile data terminals in Fire
apparatus and the FireHouse Enterprise systems and users assigned to our department.
Attachments:
Denton County ILA for Fire Department Public Safety Application Support and
Maintenance
Recommendation:
Staff recommends Council approve the Interlocal Cooperation Agreement.
Budget impact:
Impact of $566.23.
This funding will be coded in the IT budget for FY 2017 -2018
Town CouncilPage 109 of 203Meeting Date: May 23, 2017
STATE OF TEXAS §
§
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT FOR
PUBLIC SAFETY APPLICATION SUPPORT AND MAINTENANCE
This Interlocal Cooperation Agreement for Public Safety Application Support and
Maintenance, hereinafter referred to as Agreement, is made by and between Denton County, a
political subdivision of the State of Texas, hereinafter referred to as the , and
Name of Agency: Trophy Club FD
hereinafter referred to as .
WHEREAS, County is a duly organized political subdivision of the State of Texas engaged
in the administration of county government and related services for the benefit of the citizens of
Denton County, Texas; and
WHEREAS, Agency is duly organized and operating under the laws of the State of Texas
engaged in the provision of municipal government and/or related services for the benefit of the
citizens of Agency; and
WHEREAS, County and Agency agree that the utilization of combined support and
maintenance of public safety systems will be in the best interests of both County and Agency,
WHEREAS, County and Agency desire to maximize the value in the utilized public safety
applications to improve public safety and law enforcement throughout Denton County,
WHEREAS, County and Agency mutually desire to be subject to the provisions of the
Interlocal Cooperation Act of the V.T.C.A. Government Code, Chapter 791; and
NOW THEREFORE, County and Agency, for the mutual consideration hereinafter stated,
agree and understand as follows:
1.PURPOSE. The Denton County Department of Technology Services has the
resources to provide public safety application support service throughout Denton County.
Agency wishes to utilize Counavailable public safety application support services
during the term of this agreement.
2.TERM OF AGREEMENT. The term of this Agreement shall be for a one year period
beginning October 1, 2017 and ending on September 30, 2018. Agency may select the desired level
of support (either Basic or Enhanced) for each term of Agreement.
3.TERMINATION OF AGREEMENT. Either party may terminate this agreement,
with or without cause, after providing sixty (60) days written notice to the other party.
Page 1 of 6
Interlocal Cooperation Agreement for 2017-18
Public Safety Application Support and Maintenance
Town CouncilPage 110 of 203Meeting Date: May 23, 2017
4.BASIC SUPPORT. Each Agency that participates in the Denton County Shared
Governance Communications & Dispatch Services System shall be eligible to receive basic
support (as defined in Service Level Agreement) from County at no additional cost.
5.ENHANCED SUPPORT. Each Agency that participates in the Denton County
Shared Governance Communications & Dispatch Services System shall be eligible to select
optional enhanced support (as defined in Exhibit Service Level Agreement) from County.
5.1 If this Agreement is terminated prior to the expiration of the term of
Agreement, County shall send a pro-rated refund of the optional enhanced
support fees back to Agency based on the amount of time left on the
original agreement term.
5.2 Agency shall pay to County the Total Amount more fully described on
6.SOFTWARE LICENSES AND MAINTENANCE.
supported applications as described in 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 is responsible for purchasing any new Software licenses required
by Agency.
6.2. Agency is responsible for payment of all maintenance fees on Software
currently in use by Agency. Payment may be made either directly to the
software manufacturer or as a reimbursement to County for maintenance
hat are paid by County on
behalf of Agency are described in County will work with
Agency and software manufacturer to transfer Agency specific
maintenance costs to bill directly to Agency (instead of billing to County
and requiring reimbursement from Agency).
6.3 If this Agreement is terminated prior to the expiration of the term of
Agreement, maintenance fees already paid to the software manufacturer
are not eligible for refund.
7.COUNTY SERVICES AND RESPONSIBILITIES. County agrees to provide the
following services and responsibilities:
7.1 County shall provide either Basic Support Services or Enhanced Support
Services as more fully described
7.2 If applicable, County shall provide any mutually agreed Additional Agency
Specific Services as more fully described
7.3 County shall have the sole discretion as to the method of providing the
Services and shall be the sole judge as to the most expeditious and effective manner of handling
and responding to service requests. County will devote sufficient time to insure the performance
of all duties and obligations set forth herein.
Page 2 of 6
Interlocal Cooperation Agreement for 2017-18
Public Safety Application Support and Maintenance
Town CouncilPage 111 of 203Meeting Date: May 23, 2017
8.AGENCY RESPONSIBILITIES. Agency agrees to the following responsibilities:
8.1 Furnish County with a current list of key contacts including an IT
coordinator contact on page
8.2 Except 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.
8.3 Agency 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 other system now or in the future
associated with TLETS concerning the collection, storage, processing,
retrieval, dissemination and exchange of information for criminal justice
purposes.
8.4 Agency shall select the desired level of support (either Basic or Enhanced)
on the signature page to this Agreement.
8.5 Agency is responsible for sending payments to County (Denton County
Auditor, Attn: Public Safety Application Support & Maintenance, 401 W.
Hickory St, Ste 423, Denton, TX 76201) as more fully described in Exhibit
eement.
9.AGREEMENT. The parties acknowledge they have read and understand and
intend to be bound by the terms and conditions of this Agreement. This Agreement contains the
entire understanding between the parties concerning the subject matter hereof. No prior
understandings, whether verbal or written, between the parties or their agents are enforceable
unless included in writing in this agreement. This Agreement may be amended only by written
instrument signed by both parties.
10.AGREEMENT LIASONS. Each party to this agreement shall designate a Liaison to
insure the performance of all duties and obligations of the parties. The Liaison for each party
shall devote sufficient time and attention to the execution of said duties on behalf of the Party to
ensure full compliance with the terms and conditions of this Agreement.
11.ASSIGNMENT. Neither party shall assign, transfer, or sub-contract any of its rights,
burdens, duties, or obligations under this Agreement without the prior written permission of the
other party to this Agreement.
12.AGENCY LIABILITY. Agency understands and agrees that Agency, its employees,
servants, agents, and representatives shall at no time represent themselves to be employees,
servants, agents, or representatives of County. Agency shall not be required to indemnify nor
defend County for any liability arising out of the wrongful acts of employees or agents of County
to the extent allowed by Texas law.
13.COUNTY LIABILITY. County understands and agrees that County, its employees,
servants, agents, and representatives shall at no time represent themselves to be employees,
servants, agents, or representatives of Agency. County shall not be required to indemnify nor
defend Agency for any liability arising out of the wrongful acts of employees or agents of Agency
to the extent allowed by Texas law.
Page 3 of 6
Interlocal Cooperation Agreement for 2017-18
Public Safety Application Support and Maintenance
Town CouncilPage 112 of 203Meeting Date: May 23, 2017
14.DISPUTES/RECOURSE. County and Agency agree that any disputes or
disagreements that may arise which are not resolved at the staff level by the parties should be
referred to the Appointed Liaisons for each entity. Any further disputes arising from the failure
of either Agency or County to perform shall be submitted to mediation, with the parties splitting
the mediation fees equally. It is further agreed and understood that the scope of matters to be
submitted to dispute mediation as referenced above is limited to disputes concerning sufficiency
of performance and duty to pay or entitlement, if any, to any reduced fee or compensation. Any
other disputes or conflicts involving damages or claimed remedies outside the scope of
sufficiency of performance and compensation adjustment shall be referred to a court of
competent jurisdiction in Denton County, Texas.
15.EXHIBITS. Attached hereto, and referred to elsewhere in this Agreement are the
following Exhibits, which are hereby incorporated by reference.
Exhibit A Service Level Agreement v1.0
Exhibit B Cost Schedule for Maintenance and Enhanced Support
16.MULTIPLE ORIGINALS. It is understood and agreed that this Agreement may be
executed in a number of identical counterparts, each of which shall be deemed an original for
all purposes.
17.NOTICES. All notices, demands or other writings may be delivered by either party
by U.S. First Class Mail or by other reliable courier to the parties at the following addresses:
County: 1 Denton County Judge
Denton County Commissioners Court
110 West Hickory, Room #207
Denton, Texas 76201
2 Chief Information Officer (CIO)
Denton County Technology Services
701 Kimberly Drive, Suite 285
Denton, Texas 76208
3 Assistant District Attorney
Denton County Criminal District
1450 E. McKinney Street, 3 Floor
rd
PO Box 2344
Denton, Texas 76202
Trophy Club FD
Name of Agency:
Wade Carroll
Contact Person
295 Trophy Club Dr
Address
Trophy Club, T 76262
City, State, Zip
6828314653
Telephone
Page 4 of 6
Interlocal Cooperation Agreement for 2017-18
Public Safety Application Support and Maintenance
Town CouncilPage 113 of 203Meeting Date: May 23, 2017
18.SEVERABILITY. The validity of this Agreement and any of its terms or provisions,
as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of
Texas. Further, this Agreement shall be performed and all compensation payable in Denton
County, Texas. In the event that any portion of this Agreement shall be found to be contrary to
law, it is the intent of the parties hereto that the remaining portions shall remain valid and in
full force and effect to the extent possible.
19.THIRD PARTY. This Agreement is made for the express purpose of providing
public safety application support and maintenance services, which both parties recognize to be
a governmental function. Except as provided in this Agreement, neither party assumes any
liability beyond that provided by law. This Agreement is not intended to create any liability for
the benefit of third parties.
20.VENUE. This agreement will be governed and construed according to the laws of
the State of Texas. This agreement shall be performed in Denton County, Texas.
21.WAIVER. The failure of County or Agency to insist upon the performance of any
term or provision of this Agreement or to exercise or enforce any right herein conferred, or the
waiver of a breach of any provision of this Agreement by either party, shall not be construed as
term or right, or future breach of such provision, on any future occasion.
22.AUTHORIZED OFFICIALS. Each party has the full power and authority to enter
into and perform this Agreement. The persons executing this Agreement represent they have
been properly authorized to sign on behalf of their governmental entity.
23.CURRENT FUNDS. All payments made by Agency to County pursuant to this
Agreement shall be from current revenues available to Agency.
Page 5 of 6
Interlocal Cooperation Agreement for 2017-18
Public Safety Application Support and Maintenance
Town CouncilPage 114 of 203Meeting Date: May 23, 2017
DENTONCOUNTY, TEXAS AGENCY
Please select the desired support level:
\[ \] Basic Support
-or-
\[ \] Enhanced Support
___________________________________ ______________________________________
Signature
Mary Horn, County Judge
Denton County Commissioners Court
110 West Hickory, Room #207
Denton, Texas 76201
(940)349-2820
EXECUTED duplicate originals on this EXECUTED duplicate originals on this
Date:________________________ Date:___________________________
Approved as to form: Approved as to form:
_____________________________ _______________________________
Assistant District Attorney Attorney for Agency
Denton County Criminal District
Page 6 of 6
Interlocal Cooperation Agreement for 2017-18
Public Safety Application Support and Maintenance
Town CouncilPage 115 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
Version
VersionDateRevision / Description
1.010/1/2014Initial Version
Name of Agency
Trophy Club FD
Agency Locations
295 Trophy Club Dr,Trophy Club,TX 76262
Agency Contacts
TitleNameEmailPhone
Agreement LiasonChief Wade Carrollwcarroll@trophyclub.org6828314653
IT Coordinator
Additional Agency Specific Services
Exhibit A Service Level Agreement v1.0 Public Safety Agencies Page1of 11
Town CouncilPage 116 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
County Contacts
TitleNameEmailPhone
Agreement Liason&Tommy HutsonTommy.Hutson@dentoncounty.com940-349-4357
Application Support Manager
Chief Information OfficerKevin CarrKevin.Carr@dentoncounty.com940-349-4500
Deputy Chief Information OfficerBrian KingBrian.King@dentoncounty.com940-349-4500
Technical Services ManagerDamian Van ZileDamian.VanZile@dentoncounty.com940-349-4357
Desktop Operations ManagerShawn BuchananShawn.Buchanan@dentoncounty.com940-349-4357
Server Operations ManagerRay RoseRay.Rose@dentoncounty.com940-349-4357
Network Operations ManagerDon ClickDon.Click@dentoncounty.com940-349-4357
HELP DESKHelpDesk@dentoncounty.com940-349-4357
Exhibit A Service Level Agreement v1.0 Public Safety Agencies Page2of 11
Town CouncilPage 117 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
Table of Contents
1.Service Overview .......................................................................................................................................................................
4
2.Service Description ....................................................................................................................................................................
4
2.1Assumptions ..............................................................................................................................................................................
4
2.2Supported Applications .............................................................................................................................................................
4
2.3Available Services ......................................................................................................................................................................
5
3.1County Responsibility ................................................................................................................................................................
5
3.2Agency Responsibility ................................................................................................................................................................
6
4.Service Support ..........................................................................................................................................................................
7
4.1Requesting Service .....................................................................................................................................................................
7
4.2Hours of Coverage .....................................................................................................................................................................
7
4.3Incident and Request Response and Prioritization ..................................................................................................................... 7
Resolution .................................................................................................................................................................................
7
4.4
Service Escalation ......................................................................................................................................................................
7
4.5
Priority Levels ............................................................................................................................................................................
8
4.6
Priority level Determination ...................................................................................................................................................... 9
4.7
Service Level Measurements ..................................................................................................................................................... 9
4.8
Scheduled Maintenance ............................................................................................................................................................ 9
4.9
Unscheduled Maintenance ........................................................................................................................................................ 9
4.10
5.Customer Service Survey ......................................................................................................................................................... 10
Exhibit A Service Level Agreement v1.0 Public Safety Agencies Page3of 11
Town CouncilPage 118 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
1.Service Overview
This is a Service Level Agreement between the Agency and the Denton County Department of
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
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
Exhibit A Service Level Agreement v1.0 Public Safety Agencies Page4of 11
Town CouncilPage 119 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
2.3
Available Services
Basic Support Services: Agencies that choose the Basic Support option will be provided the following
services:
Client support services will be provided through the software vendor.
Remote access to county hosted systems for supported applications.
Password resets during normal business hours.
Software update notifications for supported applications.
Maintenance and support of Site-to-Site connections for County owned equipment only.
Participation in the Denton County Law Enforcement Portal (p2c.dentoncounty.com).
Access to the OpCenter web site.
Enhanced Support Services: Agencies that choose the Enhanced Support option will be provided the
following services:
All services provided under Basic Support Services.
Access to Help Desk after-hours support for critical business issues.
Software update assistance for supported applications.
Maintenance and support of the Site-to-Site connection for both County and Agency
equipment.
Access to Training classes for the supported applications provided by DTS as well as other DTS
training services.
Additional Services: Agencies may negotiate additional services specific to their own agency.
Additional Agency
Specific Services
3. Roles and Responsibilities
3.1
County Responsibility
County responsibilities and/or requirements in support of this Agreement include:
Making best efforts to resolve problems (or find workarounds) within the expected completion
times based on the priority for all incidents and requests. Completion times depend on a
number of factors including complexity, the availability of the user, access to external resources
such as software fixes, and the existence of a solution.
Providing assistance with basic installation of software relating to the listed applications.
Acting as the liaison with vendors or external resources for supported services.
Maintaining and updating all county owned software and hardware required to provide Services
for the Supported Applications.
Generating annual reports on service level performance.
Notifying agencies of all scheduled and unscheduled maintenance via e-mail notifications from
the DTS Help Desk.
The County is responsible for the costs and maintenance of all County computer equipment,
network equipment, and software.
Ensuring the security of the County computer systems and network.
Exhibit A Service Level Agreement v1.0 Public Safety Agencies Page5of 11
Town CouncilPage 120 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
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
are carried out and to serve as the primary contact person between the agency and DTS. For
Agencies who use the SunGard RMS and/or have a Site-to-Site connection, the IT Coordinator
will also be responsible for resetting user passwords for their agency utilizing the SMS
application. Because agencies have different needs, IT resources, and levels of internal
expertise, the needs and resources of a given agency may not require the IT Coordinator to have
an extensive technical background.
Exhibit A Service Level Agreement v1.0 Public Safety Agencies Page6of 11
Town CouncilPage 121 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
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
or service or
inquiry), urgency and impact of the Service Request. If the incident cannot be resolved during
the initial call, a DTS technician will be contacted to further research the issue. For responses to
Service Requests, the goal for DTS is to respond in a timely manner.
4.4
Resolution
DTS will use reasonable efforts to resolve Service Requests that are within the control of DTS
responsibilities. Circumstances beyond DTS control (waiting for parts, response from user, or
third party involvement) will constitute a temporary suspension of the SLA clock until
appropriate response, replacement parts or services have been received.
4.5
Service Escalation
If you are not satisfied with the level of service on a request, contact your IT Coordinator or the
Technical Services Manager of DTS. They will respond to you with the action taken or to develop
a solution that meets your needs.
Exhibit A Service Level Agreement v1.0 Public Safety Agencies Page7of 11
Town CouncilPage 122 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
4.6
Priority Levels
DTS provides service based on the following Priority Levels.
Priority Level Characteristics
Priority Level Expected Completion Time Description
Incident Levels (Standard Business Hours 8am 5pm, Monday through Friday)
Critical 8 hours
An incident where systems are down or seriously
80% of the time.
impacted and/or products/services are unavailable.
(Continued repair until
operational)
Normally a global issue or a large number of Agency
users are being affected.
There is no acceptable workaround to the problem (i.e.,
the job cannot be performed in any other way).
The commitment of incident management resources is
critical.
Urgent 1 business day
Issues affecting a large number of users
80% of the time.
Requests that require immediate attention
High 2 business days
The issue causes any Agency user to be unable to work
80% of the time.
or perform some significant portion of their job.
Incidents where systems are degraded/unreliable;
performance and/or legal agreements are at risk.
There is an acceptable and implemented workaround to
the problem (i.e., the job can be performed in some
other way).
The commitment of incident management resources is
high.
Medium 3 business days
An incident where performance and/or legal agreements
80% of the time.
may be degraded. The actual and potential business
impact is low in terms of the user. (a few or less users
are affected)
The issue causes a Agency user to be unable to perform
some small portion of their job, but they are still able to
complete most other tasks. May also include questions
and requests for information.
Exhibit A Service Level Agreement v1.0 Public Safety Agencies Page8of 11
Town CouncilPage 123 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
A temporary workaround, alternative, or circumvention
is available.
There is no commitment of incident management
resources outside of business as usual.
Normal 5 business days
An incident where 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 Low A
Priority Levels (Incidents)
Single User 2 9 users 10+ Users
High High High Urgent
Medium Medium High High
Low Normal Medium Medium
4.8
Service Level Measurements
Service levels will be measured based on the overall service level targets for each agency
broken out by Priority Levels (Critical, Urgent, High, Medium, Normal, Low). These targets are
bas
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 en the overall weighted
percentage will apply to that priority.
4.9
Scheduled Maintenance
DTS plans scheduled maintenance windows each week (usually on Thursday evenings, starting
at 7 p.m. until 7a.m., the next day) to maintain and increase the security, availability, and
performance of the network and supported applications. DTS works to minimize or avoid any
disruption to public safety agencies during the maintenance windows. Agencies will be notified
if we are aware of an anticipated interruption to public safety systems. A notification reminder
will be sent out the morning of the scheduled maintenance day with information about the
maintenance being performed.
4.10
Unscheduled Maintenance
Exhibit A Service Level Agreement v1.0 Public Safety Agencies Page9of 11
Town CouncilPage 124 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
Occasionally DTS may be required to interrupt services to Agency users due to unpredictable
maintenance requirements that had not been previously planned but require prompt attention
and must have action taken to allow for system restoration and protection of county resources.
When possible, email notification will be sent 24 hours, or more, prior to maintenance
specifying the work to be performed.
5.Customer Service Survey
5.1
Survey Form
Upon closure of a Service Request, Agency employees will receive a link to the Customer
Satisfaction Survey. These surveys are important in gauging work quality within DTS and help
improve customer service.
5.2
Customer Satisfaction Survey Ratings Detailed Definitions
Technician went beyond what was required
Quality of work is exceptional; performance far exceeds the needed requirement to fulfill the
request.
Quick to respond. Receptive to needs and was able to understand the request with informative
questioning.
The resolution was much faster than expected.
Communication was frequent throughout the entire process and updates during the progress
and upon finding a solution were completely understandable.
Actions were taken quickly and an optimal solution was found.
Technician showed an ability to quickly understand the request and utilized their skills to the
fullest.
Technician went out of their way in providing support.
Excellent
Quality of work is excellent and an extra effort was taken in fulfilling the request.
Quick response in initial contact. Receptive and willing to help.
The resolution was faster than expected.
Technician made sure to communicate status as well as inform user of solution.
Technician went out of their way to properly resolve the issue.
Technician came up with a solution to allow minimal interruption to the user.
Technician took a complete interest in helping.
Satisfied
Quality of work is acceptable.
Initial contact was cordial and responsive to my needs.
Has demonstrated the ability to handle the Service Request within an 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 Service Level Agreement v1.0 Public Safety Agencies Page10of 11
Town CouncilPage 125 of 203Meeting Date: May 23, 2017
DC-DTS
ENTON OUNTY EPARTMENT OF ECHNOLOGY ERVICES
SERVICELEVELAGREEMENTPSAEA
UBLIC AFETY GENCIESXHIBIT
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 Service Level Agreement v1.0 Public Safety Agencies Page11of 11
Town CouncilPage 126 of 203Meeting Date: May 23, 2017
Exhibit"B"
FY2018 Cost Schedule for Maintenance and Optional Enhanced Support for Trophy
Club Fire Department
ApplicationMaint AmtQtyTotal
0$ -
OSSI MCT Client for Digital Dispatch
$ 127.91
$ 25.78 0$ -
OSSI Mobile Client Maps
$ 19.28 0$ -
OSSI Client AVL Mobile License
1$ 185.00
FH Enterprise CAD Monitor
$ 185.00
1$ 219.45
FH Enterprise Users
$ 219.45
$ 404.45
Total Maintenance Fees to be reimbursed to County
$ 161.78
Optiopnal Enhanced Support
Total Maintenance + Optional Enhanced Support$ 566.23
Town CouncilPage 127 of 203Meeting Date: May 23, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-224-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:5/17/2017 In control:Town Council
On agenda:5/23/2017 Final action:
Title:Consider and take appropriate action regarding a Requisition Request for procurement of radio
equipment between the Town and Motorola Solutions for operations in the Fire Department; and
authorizing the Mayor or his designee to execute all necessary documents (Staff).
Attachments:Staff Report - Radio Equipment Requisition Request.pdf
Requisition Request.pdf
Quote.pdf
DateVer.Action ByActionResult
Agenda Item No. 10:
ConsiderandtakeappropriateactionregardingaRequisitionRequestforprocurementofradioequipmentbetweenthe
TownandMotorolaSolutionsforoperationsintheFireDepartment;andauthorizingtheMayororhisdesigneetoexecute
all necessary documents (Staff).
Town CouncilPage 128 of 203Meeting Date: May 23, 2017
To: Mayor and Town Council
From:Wade Carroll, Fire Chief
CC: Thomas M. Class, Sr., Town Manager
Amber Karkauskas, Director of Finance
Holly Fimbres, Town Secretary/RMO
Re: Agenda Item 2017-224-T
Town Council Meeting, May 23, 2017
Agenda Item:
Consider and take appropriate action regarding a Requisition Request for procurement of radio
equipment between the Town and Motorola Solutions for operations in the Fire Department;
and authorizing the Mayor or his designee to execute all necessary documents (Staff).
Explanation:
The Fire Department is seeking approval to move forward with the budgeted purchase of a 1
mobile duel band radio and associated equipment to be mounted in our brush truck. This will
be a MUD asset. The current radio in use, is not digital compatible and which makes
communication with mutual aid cities during TIFMAS and standard mutual aid responses
impossible. The new radio system will allow communications with any and all cities onUHF or
800 band frequencies. The request also allows for the purchase of 6 portables (hand held
radios) and their associated equipment. These portable radios are to be added to the
department’s current stock of portable radios to be used by volunteer and part-time personnel
and used as reserve equipment to be issued when assigned radios are serviced/repaired. The
request is to be purchased from the Capital Replacement budget in the amount of $28,962.46.
This procurement request will be coded in the Town’sgeneral ledger to 07-256-83700, Capital
Replacement.
Attachments:
Requisition Request
Quote
Recommendation:
Staff recommends Council approval of the requisition request.
Council Approval:
_____________________________
Mayor Nick Sanders, or designee
Town CouncilPage 129 of 203Meeting Date: May 23, 2017
2017
23,
May
Date:
Meeting
203
of
130
Page
Council
Town
Town CouncilPage 131 of 203Meeting Date: May 23, 2017
Town CouncilPage 132 of 203Meeting Date: May 23, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-213-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:5/9/2017 In control:Town Council
On agenda:5/23/2017 Final action:
Title:Consider and take appropriate action regarding an Ordinance authorizing the issuance of Town of
Trophy Club, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2017; levying a
tax, and providing for the security for and payment of said certificates; awarding the sale of the
certificates; authorizing the execution and delivery of a Paying Agent Agreement; approving the
Official Statement; enacting other provisions relating to the subject; and declaring an effective date
(Staff).
Attachments:Staff Report - Issuance of Combination Tax and Revenue COs.pdf
ORD 2017-14 - Issuance of Combination Tax and Revenue COs.pdf
DateVer.Action ByActionResult
Agenda Item No. 11:
ConsiderandtakeappropriateactionregardinganOrdinanceauthorizingtheissuanceofTownofTrophyClub,Texas,
CombinationTaxandRevenueCertificatesofObligation,Series2017;levyingatax,andprovidingforthesecurityforand
paymentofsaidcertificates;awardingthesaleofthecertificates;authorizingtheexecutionanddeliveryofaPaying
AgentAgreement;approvingtheOfficialStatement;enactingotherprovisionsrelatingtothesubject;anddeclaringan
effective date (Staff).
Town CouncilPage 133 of 203Meeting Date: May 23, 2017
To: Mayor and Town Council
From:Amber Karkauskas, Director of Finance
CC: Thomas M. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
John Zagurski, Budget Manager
Re: 2017 Certificates of Obligation
Town Council Meeting, May 23, 2017
Agenda Item:
Consider and take appropriate action regarding an Ordinance authorizing the issuance of Town
of Trophy Club, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2017;
levying a tax, and providing for the security for and payment of said certificates; awarding the
sale of the certificates; authorizing the execution and delivery of a Paying Agent Agreement;
approving the Official Statement; enacting other provisions relating to the subject; and
declaring an effective date (Staff).
Explanation:
Town Staff has worked with our financial advisor, Mark McLiney, of SAMCO Capital Markets to
issue the 2017 Certificates of Obligation in the approximate principal amount of $4.5M. The
$4.5M is to be used for street reconstruction and park projects. The 2017 debt issuance has
been discussed in various Council meetings since the beginning of the FY 2017 budget process
in May 2016. Council approved a notice of intent related to this issuance at the April 11, 2017
Council meeting. Pricing will occur on May23rdand pricing information will be available at the
Council meeting that night.
Attachments:
Draft ORD 2017-14 - Issuance of Combination Tax and Revenue Certificates of Obligation
Recommendation:
Staff recommends approval of the ordinance and sale of the Certificates of Obligation.
Page 1 of 1
Town CouncilPage 134 of 203Meeting Date: May 23, 2017
ORDINANCE
2017-14
relating to
$______________
TOWN OF TROPHY CLUB, TEXAS
COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION
SERIES 2017
Adopted: May 23, 2017
Dated: June 1, 2017
#5460696.1
Town CouncilPage 135 of 203Meeting Date: May 23, 2017
TABLE OF CONTENTS
Page
ARTICLE I
DEFINITIONS AND OTHER PRELIMINARY MATTERS
Section 1.01.Definitions.
.........................................................................................................2
Section 1.02.Findings.
............................................................................................................4
Section 1.03.Table of Contents, Titles, and Headings.
.....................................................5
Section 1.04.Interpretation.
....................................................................................................5
ARTICLE II
SECURITY FOR THE CERTIFICATES; INTEREST AND SINKING FUND
Section 2.01.Payment of the Certificates.
............................................................................5
Section 2.02.Interest and Sinking Fund.
..............................................................................6
ARTICLE III
AUTHORIZATION; GENERAL TERMS AND PROVISIONS
REGARDING THE CERTIFICATES
Section 3.01.Authorization.
....................................................................................................7
Section 3.02.Date, Denomination, Maturities, and Interest.
.............................................7
Section 3.03.Medium, Method, and Place of Payment.
....................................................8
Section 3.04.Execution and Registration of Certificates.
..................................................9
Section 3.05.Ownership.
......................................................................................................10
Section 3.06.Registration, Transfer, and Exchange.
.......................................................11
Section 3.07.Cancellation.
....................................................................................................12
Section 3.08.Temporary Certificates.
.................................................................................12
Section 3.09.Replacement Certificates.
.............................................................................12
Section 3.10.Book-Entry-Only System.
..............................................................................13
Section 3.11.Successor Securities Depository; Transfer Outside Book-Entry-Only
System.
............................................................................................................14
Section 3.12.Payments to Cede & Co.
...............................................................................15
ARTICLE IV
REDEMPTION OF CERTIFICATES BEFORE MATURITY
Section 4.01.Limitation on Redemption.
............................................................................15
Section 4.02.Optional Redemption.
....................................................................................15
Section 4.03.Mandatory Sinking Fund Redemption.
........................................................15
Section 4.04.Partial Redemption.
........................................................................................16
Section 4.05.Notice of Redemption to Owners.
................................................................17
Section 4.06.Payment Upon Redemption.
........................................................................17
Section 4.07.Effect of Redemption.
....................................................................................18
Section 4.08.Conditional Notice of Redemption.
..............................................................18
Section 4.09.Lapse of Payment.
.........................................................................................18
(i)
#5460696.1
Town CouncilPage 136 of 203Meeting Date: May 23, 2017
ARTICLE V
PAYING AGENT/REGISTRAR
Section 5.01.Appointment of Initial Paying Agent/Registrar.
..........................................19
Section 5.02.Qualifications.
..................................................................................................19
Section 5.03.Maintaining Paying Agent/Registrar.
...........................................................19
Section 5.04.Termination.
....................................................................................................19
Section 5.05.Notice of Change to Owners.
.......................................................................19
Section 5.06.Agreement to Perform Duties and Functions.
............................................19
Section 5.07.Delivery of Records to Successor.
..............................................................20
ARTICLE VI
FORM OF THE CERTIFICATES
Section 6.01.Form Generally.
..............................................................................................20
Section 6.02.Form of the Certificates.
................................................................................20
Section 6.03.CUSIP Registration.
.......................................................................................27
Section 6.04.Legal Opinion.
.................................................................................................27
Section 6.05.Statement Insurance.
.....................................................................................27
ARTICLE VII
SALE AND DELIVERY OF CERTIFICATES;
DEPOSIT OF PROCEEDS; FLOW OF FUNDS
Section 7.01.Sale of Certificates; Official Statement.
......................................................27
Section 7.02.Control and Delivery of Certificates.
............................................................29
Section 7.03.Deposit of Proceeds.
......................................................................................29
ARTICLE VIII
INVESTMENTS
Section 8.01.Investments.
....................................................................................................29
Section 8.02.Investment Income.
........................................................................................30
ARTICLE IX
PARTICULAR REPRESENTATIONS AND COVENANTS
Section 9.01.Payment of the Certificates.
..........................................................................30
Section 9.02.Other Representations and Covenants.
.....................................................30
Section 9.03.Provisions Concerning Federal Income Tax Exclusion.
...........................31
Section 9.04.No Private Use or Payment and No Private Loan Financing.
.................31
Section 9.05.No Federal Guaranty.
....................................................................................31
Section 9.06.Certificates are not Hedge Certificates.
......................................................31
Section 9.07.No-Arbitrage Covenant.
.................................................................................32
Section 9.08.Arbitrage Rebate.
...........................................................................................32
Section 9.09.Information Reporting.
...................................................................................33
(ii)
#5460696.1
Town CouncilPage 137 of 203Meeting Date: May 23, 2017
Continuing Obligation.
Section 9.10. ...................................................................................33
Section 9.11.Qualified Tax-Exempt Obligations.
..............................................................33
ARTICLE X
DEFAULT AND REMEDIES
Section 10.01.Events of Default.
...........................................................................................33
Section 10.02.Remedies for Default.
....................................................................................34
Section 10.03.Remedies Not Exclusive.
..............................................................................34
ARTICLE XI
DISCHARGE
Section 11.01.Discharge.
........................................................................................................34
ARTICLE XII
CONTINUING DISCLOSURE UNDERTAKING
Section 12.01.Annual Reports.
..............................................................................................34
Section 12.02.Material Event Notices.
..................................................................................35
Section 12.03.Limitations, Disclaimers and Amendments.
...............................................36
ARTICLE XIII
AMENDMENTS
Section 13.01.Amendments.
..................................................................................................38
ARTICLE XIV
MISCELLANEOUS
Section 14.01.Changes to Ordinance..
................................................................................38
Section 14.02.Partial Invalidity..
............................................................................................38
Section 14.03.No Personal Liability..
....................................................................................39
ARTICLE XV
EFFECTIVENESS
Section 15.01.Effectiveness.
..................................................................................................39
(iii)
#5460696.1
Town CouncilPage 138 of 203Meeting Date: May 23, 2017
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2017-14
ANORDINANCE AUTHORIZING THE ISSUANCE OF
$______________TOWN OF TROPHY CLUB, TEXAS, COMBINATION
TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2017;
LEVYING A TAX, AND PROVIDING FOR THE SECURITY FOR AND
PAYMENT OF SAID CERTIFICATES; AWARDING THE SALE OFTHE
CERTIFICATES; AUTHORIZING THE EXECUTION AND DELIVERY OF
A PAYING AGENT AGREEMENT; APPROVING THE OFFICIAL
STATEMENT; ENACTING OTHER PROVISIONS RELATING TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS,
under the provisions of the Texas Local Government Code, Chapter
271, Subchapter C, as amended, the Town of Trophy Club, Texas (the “Town”), is
authorized to issue certificates of obligation for the purposes specified in this Ordinance
and for the payment of all or a portion of the contractual obligations for professional
services, including that of engineers, attorneys, and financial advisors in connection
therewith, and to sell the same for cash as herein provided; and
WHEREAS,
the Town is authorized to provide that such obligations will be
payable from and secured by the levy of a direct and continuing ad valorem tax against
all taxable property within the Town, in combination with all or a part of certain revenues
of the Town’s municipal drainage utility system (the “System”) remaining after payment
of any obligations of the Town payable in whole or in part from a lien on or pledge of
such revenues that would be superior to the obligations to be authorized herein as
authorized by Chapter 1502, Texas Government Code; and
WHEREAS,
the Town Council has found and determined that it is necessary and
in the best interests of the Town and its citizens that it issue such certificates of
obligation authorized by this Ordinance; and
WHEREAS,
pursuant to a resolution heretofore passed by this governing body,
notice of intention (the “Notice of Intention”) to issue certificates of obligation of the
Town payable as provided in this Ordinance was published in a newspaper of general
circulation in the Town in accordance with the requirements of law, such certificates of
obligation to be issued for the purpose of paying contractual obligations to be incurred
for the purposes set forth in Section3.01 hereof; and
WHEREAS,
the Notice of Intention stated that the Town Council intended to pass
an ordinance authorizing the issuance of the Certificates at its Town Council meeting
held on the date of adoption of this Ordinance; and
WHEREAS,
no petition of any kind has been filed with the Town Secretary, any
member of the Town Council or any other official of the Town, protesting the issuance of
such certificates of obligation; and
144
Page of
#5460696.1
Town CouncilPage 139 of 203Meeting Date: May 23, 2017
WHEREAS,
this Town Council is now authorized and empowered to proceed
with the issuance of said certificates of obligationand to sell the same for cash; and
WHEREAS,
the meeting at which this Ordinance is considered is open to the
public as required by law, and public notice of the time, place, and purpose of said
meeting was given as required by Chapter 551, Texas Government Code, as amended;
therefore,
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, THAT:
ARTICLE I
DEFINITIONS AND OTHER PRELIMINARY MATTERS
Section 1.01.Definitions.
Unless otherwise expressly provided or unless the context clearly requires
otherwise in this Ordinance, the following terms shall have the meanings specified
below:
“Business Day” means a day that is not a Saturday, Sunday, legal holiday or
other day on which banking institutions in the city where the Designated
Payment/Transfer Office is located are required or authorized by law or executive order
to close.
“Certificate” means any of the Certificates.
“Certificate Date” means the date designated as the initial date of the Certificates
by Section3.02(a) of this Ordinance.
“Certificates” means the certificates of obligation authorized to be issued by
Section3.01 of this Ordinance and designated as “Town of Trophy Club, Texas,
Combination Tax and Revenue Certificates of Obligation, Series 2017.
“Closing Date” means the date of the initial delivery of and payment for the
Certificates.
“Code” means the Internal Revenue Code of 1986, as amended, including
applicable regulations, published rulings, and court decisions.
“Designated Payment/Transfer Office” means (i) with respect to the initialPaying
Agent/Registrar named herein, its office in Dallas, Texas, or at such other location
designated by the Paying Agent/Registrar and (ii) with respect to any successor Paying
Agent/Registrar, the office of such successor designated and located as may be agreed
upon by the Town and such successor.
244
Page of
#5460696.1
Town CouncilPage 140 of 203Meeting Date: May 23, 2017
“DTC” means The Depository Trust Company of New York, New York, or any
successor securities depository.
“DTC Participant” means brokers and dealers, banks, trust companies, clearing
corporations and certain other organizations on whose behalf DTC was created to hold
securities to facilitate the clearance and settlement of securities transactions among
DTC Participants.
“EMMA” means the Electronic Municipal Market Access System.
“Event of Default” means any event of default as defined in Section10.01 of this
Ordinance.
“Fiscal Year” means such fiscal year as shall from time to time be set by the
Town Council.
“Initial Certificate” means the initial certificate authorized by Section3.04(d) of
this Ordinance.
“Interest and Sinking Fund” means the interest and sinking fund established by
Section2.02 of this Ordinance.
“Interest Payment Date” means the date or dates upon which interest on the
Certificates is scheduled to be paid until their respective dates of maturity or prior
redemption, such dates being March1 and September1 of each year commencing
March1, 2018.
“MSRB” means the Municipal Securities Rulemaking Board.
“Net Revenues” means the gross revenues of the System less the expenses of
operation and maintenance as said expenses are defined by Chapter 1502, Texas
Government Code, as amended.
“Ordinance” means this Ordinance.
“Owner” means the person who is the registered owner of a Certificate or
Certificates, as shown in the Register.
“Paying Agent/Registrar” means initially BOKF, N.A., Dallas, Texas, or any
successor thereto as provided in this Ordinance.
“Prior Lien Bonds” means any and all bonds or other obligations of the Town
presently outstanding or that may be hereafter issued, payable from and secured by a
first lien on and pledge of the Net Revenues or by a lien on and pledge of the Net
Revenues subordinate to a first lien and pledge of such Net Revenues but superior to
the lien and pledge of the Surplus Revenues made for the Certificates.
344
Page of
#5460696.1
Town CouncilPage 141 of 203Meeting Date: May 23, 2017
th
“Record Date” means the fifteenth (15) day of the month next preceding an
Interest Payment Date.
“Register” means the Register specified in Section3.06(a) of this Ordinance.
“Representations Letter” means the Blanket Letter of Representations between
the Town and DTC.
“Rule” means SEC Rule 15c2-12, as amended from time to time.
“SEC” means the United States Securities and Exchange Commission.
“SID” means any person designated by the State of Texas or an authorized
department,officer or agency thereof, as and determined by the SEC or its staff to be a
state information depository within the meaning of the Rule from time to time.
“Special Payment Date” means the Special Payment Date prescribed by
Section3.03(b).
“Special Record Date” means the Special Record Date prescribed by
Section3.03(b).
“Surplus Revenues” means the revenues of the System remaining after payment
of all operation and maintenance expenses thereof, and all debt service, reserve, and
other requirements in connection with the Town’s Prior Lien Bonds; provided, however,
that the amount of such Surplus Revenues pledged to the payment of the Certificates
shall be limited to $1,000.
“System” as used in this Ordinance means the Town’s municipal drainage utility
system, including all present and future additions, extensions, replacements, and
improvements thereto.
“Town” means the Town of Trophy Club, Texas.
“Unclaimed Payments” means money deposited with the Paying Agent/Registrar
for the payment of principal of, redemption premium, if any, or interest on the
Certificates as the same come due and payable or money set aside for the payment of
Certificates duly called for redemption prior to maturity.
Section 1.02.Findings.
The declarations, determinations, and findings declared, made, and found in the
preamble to this Ordinance are hereby adopted, restated, and made a part of the
operative provisions hereof.
444
Page of
#5460696.1
Town CouncilPage 142 of 203Meeting Date: May 23, 2017
Section 1.03.Table of Contents, Titles, and Headings.
The table of contents, titles, and headings of the Articles and Sections ofthis
Ordinance have been inserted for convenience of reference only and are not to be
considered a part hereof and shall not in any way modify or restrict any of the terms or
provisions hereof and shall never be considered or given any effect in construing this
Ordinance or any provision hereof or in ascertaining intent, if any question of intent
should arise.
Section 1.04.Interpretation.
Unless the context requires otherwise, words of the masculine gender
(a)
shall be construed to include correlative words of the feminine and neuter genders and
vice versa, and words of the singular number shall be construed to include correlative
words of the plural number and vice versa.
This Ordinance and all the terms and provisions hereof shall be liberally
(b)
construed to effectuate the purposes set forth herein.
ARTICLE II
SECURITY FOR THE CERTIFICATES; INTEREST AND SINKING FUND
Section 2.01.Payment of the Certificates.
Pursuant to the authority granted by the Texas Constitution and laws of
(a)
the State of Texas, there shall be levied and there is hereby levied for the current year
and for each succeeding year thereafter while any of the Certificates or any interest
thereon is outstanding and unpaid, an ad valorem tax on each one hundred dollars
valuation of taxable property within the Town, at a rate sufficient, within the limit
prescribed by law, to pay the debt service requirements of the Certificates, being (i) the
interest on the Certificates, and (ii) a sinking fund for their redemption at maturity or a
sinking fund of two percent per annum (whichever amount is the greater), when due and
payable, full allowance being made for delinquencies and costs of collection.
The ad valorem tax thus levied shall be assessed and collected each year
(b)
against all property appearing on the tax rolls of the Town most recently approved in
accordance with law, and the money thus collected shall be deposited as collected to
the Interest and Sinking Fund.
Said ad valorem tax, the collections therefrom, and all amounts on deposit
(c)
in or required hereby to be deposited to the Interest and Sinking Fund are hereby
pledged and committed irrevocably to the payment of the principal of and interest on the
Certificates when and as due and payable in accordance with their terms and this
Ordinance.
544
Page of
#5460696.1
Town CouncilPage 143 of 203Meeting Date: May 23, 2017
The amount of taxes to be provided annually for the payment of principal
(d)
of and interest on the Certificates shall be determined and accomplished in the following
manner:
The Town’s annual budget shall reflect (i) the amount of debt
(i)
service requirements to become due on the Certificates in the next succeeding
Fiscal Year of the Town and (ii) the amount on deposit in the Interest and Sinking
Fund, as of the date such budget is prepared (after giving effect to any payments
required to be made during the remainder of the then current Fiscal Year), and
(iii) the amount of Surplus Revenues estimated and budgeted to be available for
the payment of such debt service requirements on the Certificates during the
next succeeding Fiscal Year.
The amount required to be provided in the succeeding Fiscal Year
(ii)
of the Town from ad valorem taxes shall be the amount, if any, the debt service
requirements to be paid on the Certificates in the next succeeding Fiscal Year of
the Town exceeds the sum of (i) the amount shown to be on deposit in the
Interest and Sinking Fund (after giving effect to any payments required to be
made during the remainder of the then current Fiscal Year) at the time the annual
budget is prepared, and (ii) the Surplus Revenues shown to be budgeted and
available for payment of said debt service requirements.
Following the final approval of the annual budget of the Town, the
(iii)
governing body of the Town shall, by ordinance, levy an ad valorem tax at a rate
sufficient to produce taxes in the amount determined in paragraph (ii) above, to
be utilized for purposes of paying the principal of and interest on the Certificates
in the next succeeding Fiscal Year of the Town.
The Town hereby covenants and agrees that the Surplus Revenues are
(e)
hereby irrevocably pledged equally and ratably to the payment of the principal of,
redemption premium, if any, and interest on the Certificates, as the same become due.
If the liens and provisions of this Ordinance shall be released in a manner
(f)
permitted by ArticleXI hereof, then the collection of such ad valorem tax may be
suspended or appropriately reduced, as the facts may permit, and further deposits to
the Interest and Sinking Fund may be suspended or appropriately reduced, as the facts
may permit. In determining the aggregate principal amount of outstanding Certificates,
there shall be subtracted the amount of any Certificates that have been duly called for
redemption and for which money has been deposited with the Paying Agent/Registrar
for such redemption.
Section 2.02.Interest and Sinking Fund.
The Town hereby establishes a special fund or account to be designated
(a)
the “Town of Trophy Club, Texas, Combination Tax and Revenue Certificates of
Obligation, Series 2017, Interest and Sinking Fund” (the “Interest and Sinking Fund”)
644
Page of
#5460696.1
Town CouncilPage 144 of 203Meeting Date: May 23, 2017
said fund to be maintained at an official depository bank of the Town separate and apart
from all other funds and accounts of the Town.
Money on deposit in or required by this Ordinance to be deposited to the
(b)
Interest and Sinking Fund shall be used solely for the purpose of paying the interest on
and principal of the Certificates when and as due and payable in accordance with their
terms and this Ordinance.
ARTICLE III
AUTHORIZATION; GENERAL TERMS AND PROVISIONS
REGARDING THE CERTIFICATES
Section 3.01.Authorization.
The Town’s certificates of obligation to be designated “Town of Trophy Club,
Texas, Combination Tax and Revenue Certificates of Obligation, Series 2017” (the
“Certificates”), are hereby authorized to be issued and delivered in accordance with the
Constitution and laws of the State of Texas, specifically Subchapter C, Chapter 271,
Texas Local Government Code. The Certificates shall be issued in the aggregate
principal amount of $______________for the following purposes, to wit: (i)designing,
developing, constructing, improving, extending and expanding parking facilities for Town
public parks, including driveway improvements and related storm drainage
improvements, and including the acquisition of land therefor, (ii)designing, developing,
constructing, improving, extending, and expanding streets, thoroughfares, sidewalks,
bridges, and other public ways of the Town, including streetscaping, streetlighting, right-
of-way protection, utility relocation, and related storm drainage improvements; and
acquiring rights-of-way in connection therewith, ((i) and (ii) together, the “Project”) and
(ii)to pay professional services of attorneys, financial advisors and other professionals
in connection with the Project and the issuance of the Certificates.
Section 3.02.Date, Denomination, Maturities, and Interest.
The Certificates shall be dated June1, 2017. The Certificates shall be in
(a)
fully registered form, without coupons, in the denomination of $5,000 or any integral
multiple thereof and shall be numbered separately from one upward, except the Initial
Certificate, which shall be numbered T-1.
The Certificates shall mature on September1 in the years and in the
(b)
principal amounts set forth in the following schedule:
744
Page of
#5460696.1
Town CouncilPage 145 of 203Meeting Date: May 23, 2017
Serial Certificates
Principal Interest Principal
YearsAmountRateYearsAmountInterest Rate
20182028
20192029
20202030
20212031
20222032
20232033
20242034
20252035
20262036
20272037
Term Certificates
YearPrincipal AmountInterest Rate
20___$_______________%
20___$_______________%
$_______________%
Interest shall accrue and be paid on each Certificate respectively until its
(c)
maturity or prior redemption from the later of the Certificate Date or the most recent
interest payment date to which interest has been paid or provided for at the rates per
annum for each maturity specified in the schedule contained in subsection (b) above.
Such interest shall be payable semiannually on March1 and September1 of each year
commencing March1, 2018, and shall be computed on the basis of a 360-day year of
twelve 30-day months.
Section 3.03.Medium, Method, and Place of Payment.
The principal of, redemption premium, if any, and interest on the
(a)
Certificates shall be paid in lawful money of the United States of America.
Interest on the Certificates shall be payable to the Owners as shown in the
(b)
Register at the close of business on the Record Date; provided, however, in the event of
nonpayment of interest on a scheduled Interest Payment Date and for 30 days
thereafter, a new record date for such interest payment (a “Special Record Date”) shall
be established by the Paying Agent/Registrar, if and when funds for the payment of
such interest have been received from the Town. Notice of the Special Record Date
and of the scheduled payment date of the past due interest (the “Special Payment
Date,” which shall be 15 days after the Special Record Date) shall be sent at least five
Business Days prior to the Special Record Date by United States mail, first class,
postage prepaid, to the address of each Owner of a Certificate appearing on the
844
Page of
#5460696.1
Town CouncilPage 146 of 203Meeting Date: May 23, 2017
Register at the close of business on the last Business Day next preceding the date of
mailing of such notice.
Interest shall be paid by check, dated as of and mailed on the Interest
(c)
Payment Date, and sent by the Paying Agent/Registrar to each Owner, first class United
States mail, postage prepaid, to the address of each Owner as it appears in the
Register, or by such other customary banking arrangement acceptable to the Paying
Agent/Registrar and the Owner; provided, however, that the Owner shall bear all risk
and expense of such alternative banking arrangement. At the option of an Owner of at
least $1,000,000 principal amount of the Certificates, interest may be paid by wire
transfer to the bank account of such Owner on file with the Paying Agent/Registrar.
The principal of each Certificate shall be paid to the Owner thereof on the
(d)
due date, whether at the maturity date or the date of prior redemption thereof upon
presentation and surrender of such Certificate at the Designated Payment/Transfer
Office of the Paying Agent/Registrar.
If the date for the payment of the principal of or interest on the Certificates
(e)
shall be a Saturday, Sunday, legal holiday, or day on which banking institutions in the
city where the Designated Payment/Transfer Office of the paying Agent/Registrar is
located are required or authorized by law or executive order to close, then the date for
such payment shall be the next succeeding day which is not a Saturday, Sunday, legal
holiday, or day on which banking institutions are required or authorized to close, and
payment on such date shall have the same force and effect as if made on the original
date payment was due and no additional interest shall be due by reason of nonpayment
on the date on which such payment is otherwise stated to be due and payable.
Unclaimed Payments shall be segregated in a special escrow account and
(f)
held in trust, uninvested by the Paying Agent/Registrar, for the account of the Owners of
the Certificates to which the Unclaimed Payments pertain. Subject to Title 6 of the
Texas Property Code, Unclaimed Payments remaining unclaimed by the Owners
entitled thereto for three years after the applicable payment or redemption date shall be
applied to the next payment or payments on the Certificates thereafter coming due and,
to the extent any such money remains after the retirement of all outstanding
Certificates, shall be paid to the Town to be used for any lawful purpose. Thereafter,
neither the Town, the Paying Agent/Registrar, nor any other person shall be liable or
responsible to any Owners of such Certificates for any further payment of such
unclaimed moneys or on account of any such Certificates, subject to Title 6 of the Texas
Property Code.
Section 3.04.Execution and Registration of Certificates.
The Certificates shall be executed on behalf of the Town by the Mayor and
(a)
the Town Secretary, by their manual or facsimile signatures, and the official seal of the
Town shall be impressed or placed in facsimile thereon. Such facsimile signatures on
the Certificates shall have the same effect as if each of the Certificates had been signed
manually and in person by each of said officers, and such facsimile seal on the
944
Page of
#5460696.1
Town CouncilPage 147 of 203Meeting Date: May 23, 2017
Certificates shall have the same effect as if the official seal of the Town had been
manually impressed upon each of the Certificates.
In the event that any officer of the Town whose manual or facsimile
(b)
signature appears on the Certificates ceases to be such officer before the authentication
of such Certificates or before the delivery thereof, such manual or facsimile signature
nevertheless shall be valid and sufficient for all purposes as if such officer had remained
in such office.
Except as provided below, no Certificate shall be valid or obligatory for
(c)
any purpose or be entitled to any security or benefit of this Ordinance unless and until
there appears thereon the Certificate of Paying Agent/Registrar substantially in the form
provided herein, duly authenticated by manual execution by an officer or duly authorized
signatory of the Paying Agent/Registrar. It shall not be required that the same officer or
authorized signatory of the Paying Agent/Registrar sign the Certificate of Paying
Agent/Registrar on all of the Certificates. In lieuof the executed Certificate of Paying
Agent/Registrar described above, the Initial Certificate delivered at the Closing Date
shall have attached thereto the Comptroller’s Registration Certificate substantially in the
form provided herein, manually executed by the Comptroller of Public Accounts of the
State of Texas, or by his duly authorized agent, which Certificate shall be evidence that
the Certificate has been duly approved by the Attorney General of the State of Texas,
that it is a valid and binding obligation of the Town, and that it has been registered by
the Comptroller of Public Accounts of the State of Texas.
On the Closing Date, one initial Certificate (the “Initial Certificate”)
(d)
representing the entire principal amount of all Certificates, payable in stated installments
to the initial purchaser, or its designee, executed by the Mayor and Town Secretary of
the Town, approved by the Attorney General, and registered and manually signed by
the Comptroller of Public Accounts, will be delivered to the initial purchaser or its
designee. Upon payment for the Initial Certificate, the Paying Agent/Registrar shall
cancel the Initial Certificate and deliver to DTC on behalf of the initial purchaser one
registered definitive Certificate for each year of maturity of the Certificates in the
aggregate principal amount of all Certificates for such maturity, registered in the name
of Cede & Co., as nominee of DTC.
Section 3.05.Ownership.
The Town, the Paying Agent/Registrar, and any other person may treat
(a)
the person in whose name any Certificate is registered as the absolute owner of such
Certificate for the purpose of making and receiving payment as herein provided (except
interest shall be paid to the person in whose name such Certificate is registered on the
Record Date or Special Record Date, as applicable), and for all other purposes, whether
or not such Certificate is overdue, and neither the Town nor the Paying Agent/Registrar
shall be bound by any notice or knowledge to the contrary.
1044
Page of
#5460696.1
Town CouncilPage 148 of 203Meeting Date: May 23, 2017
All payments made to the Owner of aCertificate shall be valid and
(b)
effectual and shall discharge the liability of the Town and the Paying Agent/Registrar
upon such Certificate to the extent of the sums paid.
Section 3.06.Registration, Transfer, and Exchange.
So long as any Certificates remain outstanding, the Town shall cause the
(a)
Paying Agent/Registrar to keep at the Designated Payment/Transfer Office a register
(the “Register”) in which, subject to such reasonable regulations as it may prescribe, the
Paying Agent/Registrar shall provide for the registration and transfer of Certificates in
accordance with this Ordinance.
The ownership of a Certificate may be transferred only upon the
(b)
presentation and surrender of the Certificate at the Designated Payment/Transfer Office
of the Paying Agent/Registrar with such endorsement or other evidence of transfer as is
acceptable to the Paying Agent/Registrar. No transfer of any Certificate shall be
effective until entered in the Register.
The Certificates shall be exchangeable upon the presentation and
(c)
surrender thereof at the Designated Payment/Transfer Office of the Paying
Agent/Registrar for a Certificate or Certificates of the same maturity and interest rate
and in a denomination or denominations of any integral multiple of $5,000, and in an
aggregate principal amount equal to the unpaid principal amount of the Certificates
presented for exchange. The Paying Agent/Registrar is hereby authorized to
authenticate and deliver Certificates exchanged for other Certificates in accordance with
this Section.
Each exchange Certificate delivered by the Paying Agent/Registrar in
(d)
accordance with this Sectionshall constitute an original contractual obligation of the
Town and shall be entitled to the benefits and security of this Ordinance to the same
extent as the Certificate or Certificates in lieu of which such exchange Certificate is
delivered.
No service charge shall be made to the Owner for the initial registration,
(e)
subsequent transfer, or exchange for a different denomination of any of the Certificates.
The Paying Agent/Registrar, however, may require the Owner to pay a sum sufficient to
cover any tax or other governmental charge that is authorized to be imposed in
connection with the registration, transfer, or exchange of a Certificate.
Neither the Town northe Paying Agent/Registrar shall be required to
(f)
issue, transfer or exchange any Certificate called for redemption, in whole or in part,
within 45 calendar days prior to the date fixed for redemption; provided, however, such
limitation shall not be applicable to an exchange by the Owner of the uncalled principal
balance of a Certificate.
1144
Page of
#5460696.1
Town CouncilPage 149 of 203Meeting Date: May 23, 2017
Section 3.07.Cancellation.
All Certificates paid or redeemed before scheduled maturity in accordance with
this Ordinance, and all Certificates in lieu of which exchange Certificates or replacement
Certificates are authenticated and delivered in accordance with this Ordinance, shall be
canceled and proper records made regarding such payment, redemption, exchange, or
replacement. The Paying Agent/Registrar shall then return such canceled Certificates
to the Town or may in accordance with law dispose of such cancelled Certificates.
Section 3.08.Temporary Certificates.
Following the delivery and registration of the Initial Certificate and pending
(a)
the preparation of definitive Certificates, the proper officers of the Town may execute
and, upon the Town’s request, the Paying Agent/Registrar shall authenticate and
deliver, one or more temporary Certificates that are printed, lithographed, typewritten,
mimeographed, or otherwise produced, in any denomination, substantially of the tenor
of the definitive Certificates in lieu of which they are delivered, without coupons, and
with such appropriate insertions, omissions, substitutions, and other variations as the
officers of the Town executing such temporary Certificates may determine, as
evidenced by their signing of such temporary Certificates.
Until exchanged for Certificates in definitive form, such Certificates in
(b)
temporary form shall be entitled to the benefit and security of this Ordinance.
The Town, without unreasonable delay, shall prepare, execute and deliver
(c)
to the Paying Agent/Registrar the Certificates in definitive form; thereupon, upon the
presentation and surrender of the Certificate or Certificates in temporary form to the
Paying Agent/Registrar, the Paying Agent/Registrar shall cancel the Certificates in
temporary form and shall authenticate and deliver in exchange therefor a Certificate or
Certificates of the same maturity and series, in definitive form, in the authorized
denomination, and in the same aggregate principal amount, as the Certificate or
Certificates in temporary form surrendered. Such exchange shall be made without the
making of any charge therefor to any Owner.
Section 3.09.Replacement Certificates.
Upon the presentation and surrender to the Paying Agent/Registrar of a
(a)
mutilated Certificate, the Paying Agent/Registrar shall authenticate and deliver in
exchange therefor a replacement Certificate of like tenor and principal amount, bearing
a number not contemporaneously outstanding. The Townor the Paying
Agent/Registrar may require the Owner of such Certificate to pay a sum sufficient to
cover any tax or other governmental charge that is authorized to be imposed in
connection therewith and any other expenses connected therewith.
In the event that any Certificate is lost, apparently destroyed or wrongfully
(b)
taken, the Paying Agent/ Registrar, pursuant to the applicable laws of the State of
Texas and in the absence of notice or knowledge that such Certificate has been
1244
Page of
#5460696.1
Town CouncilPage 150 of 203Meeting Date: May 23, 2017
acquired by a bona fide purchaser, shall authenticate and deliver a replacement
Certificate of like tenor and principal amount, bearing a number not contemporaneously
outstanding, provided that the Owner first complies with the following requirements:
furnishes to the Paying Agent/Registrar satisfactory evidence of his
(i)
or her ownership of and the circumstances of the loss, destruction, or theft of
such Certificate;
furnishes such security or indemnity as may be required by the
(ii)
Paying Agent/Registrar to save it and the Town harmless;
pays all expenses and charges in connection therewith, including,
(iii)
but not limited to, printing costs, legal fees, fees of the Paying Agent/Registrar,
and any tax or other governmental charge that is authorized to be imposed; and
satisfies any other reasonable requirements imposed by the Town
(iv)
and the Paying Agent/Registrar.
If, after the delivery of such replacement Certificate, a bona fide purchaser
(c)
of the original Certificate in lieu of which such replacement Certificate was issued
presents for payment such original Certificate, the Town and the Paying Agent/Registrar
shall be entitled to recover such replacement Certificate from the person to whom it was
delivered or any person taking therefrom, except a bona fide purchaser, and shall be
entitled to recover upon the security or indemnity provided therefor to the extent of any
loss, damage, cost, or expense incurred by the Town or the Paying Agent/Registrar in
connection therewith.
In the event that any such mutilated, lost, apparently destroyed, or
(d)
wrongfully taken Certificate has become or is about to become due and payable, the
Paying Agent/Registrar, in its discretion, instead of issuing a replacement Certificate,
may pay such Certificate when it becomes due and payable.
Each replacement Certificate delivered in accordance with this
(e)
Sectionshall constitute an original additional contractual obligation of the Town and
shall be entitled to the benefits and security of this Ordinance to the same extent as the
Certificate or Certificates in lieu of which such replacement Certificate is delivered.
Section 3.10.Book-Entry-Only System.
Notwithstanding any other provision hereof, upon initial issuance of the
(a)
Certificates, the Certificates shall be registered in the name of Cede & Co., as nominee
of DTC. The definitive Certificates shall be initially issued in the form of a single
separate certificate for each of the maturities thereof.
With respect to Certificates registered in the name of Cede & Co., as
(b)
nominee of DTC, the Town and the Paying Agent/Registrar shall have no responsibility
or obligation to any DTC Participant or to any person on behalf of whom such a DTC
1344
Page of
#5460696.1
Town CouncilPage 151 of 203Meeting Date: May 23, 2017
Participant holds an interest in the Certificates. Without limiting the immediately
preceding sentence, the Town and the Paying Agent/Registrar shall have no
responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede
& Co. or any DTC Participant with respect to any ownership interest in the Certificates,
(ii) the delivery to any DTC Participant or any other person, other than an Owner, as
shown on the Register, of any notice with respect to the Certificates, including any
notice of redemption, or (iii) the payment to any DTC Participant or any other person,
other than an Owner, as shown in the Register of any amount withrespect to principal
of, premium, if any, or interest on the Certificates. Notwithstanding any other provision
of this Ordinance to the contrary, the Town and the Paying Agent/Registrar shall be
entitled to treat and consider the person in whose name each Certificate is registered in
the Register as the absolute owner of such Certificate for the purpose of payment of
principal of, premium, if any, and interest on Certificates, for the purpose of giving
notices of redemption and other matters with respect to such Certificate, for the purpose
of registering transfer with respect to such Certificate, and for all other purposes
whatsoever. The Paying Agent/Registrar shall pay all principal of, premium, if any, and
interest on the Certificates only to or upon the order of the respective Owners as shown
in the Register, as provided in this Ordinance, or their respective attorneys duly
authorized in writing, and all such payments shall be valid and effective to fully satisfy
and discharge the Town’s obligations with respect to payment of, premium, if any, and
interest on the Certificates to the extent of the sum or sums so paid. No person other
than an Owner, as shown in the Register, shall receive a certificate evidencing the
obligation of the Town to make payments of amounts due pursuant to this Ordinance.
Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that
DTC has determined to substitute a new nominee in place of Cede & Co., the word
“Cede & Co.” in this Ordinance shall refer to such new nominee of DTC.
The Representations Letter previously executed and delivered by the
(c)
Town, and applicable to the Town’s obligations delivered in book-entry-only form to
DTC as securities depository, is hereby ratified and approved for the Certificates.
Section 3.11.Successor Securities Depository; Transfer Outside Book-Entry-
Only System.
In the event that the Town or the Paying Agent/Registrar determines that DTC is
incapable of discharging its responsibilities described herein and in the Representations
Letter of the Town to DTC, and that it is in the best interest of the Town and the
beneficial owners of the Certificates that they be able to obtain certificated Certificates,
or in the event DTC discontinues the services described herein, the Town shall (i)
appoint a successor securities depository, qualified to act as such under Section17(a)
of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC
Participants of the appointment of such successor securities depository and transfer
one or more separate Certificates to such successor securities depository; or (ii) notify
DTC and DTC Participants of the availability through DTC of certificated Certificates and
cause the Paying Agent/Registrar to transfer one or more separateregistered
Certificates to DTC Participants having Certificates credited to their DTC accounts. In
1444
Page of
#5460696.1
Town CouncilPage 152 of 203Meeting Date: May 23, 2017
such event, the Certificates shall no longer be restricted to being registered in the
Register in the name of Cede & Co., as nominee of DTC, but may be registered in the
name of the successor securities depository, or its nominee, or in whatever name or
names Owners transferring or exchanging Certificates shall designate, in accordance
with the provisions of this Ordinance.
Section 3.12.Payments to Cede & Co.
Notwithstanding any other provision of this Ordinance to the contrary, so long as
the Certificates are registered in the name of Cede & Co., as nominee of DTC, all
payments with respect to principal of, premium, if any, and interest on such Certificates,
and all notices with respect to such Certificates shall be made and given, respectively,
in the manner provided in the Representations Letter of the Town to DTC.
ARTICLE IV
REDEMPTION OF CERTIFICATES BEFORE MATURITY
Section 4.01.Limitation on Redemption.
The Certificates shallbe subject to redemption before scheduled maturity only as
provided in this ArticleIV.
Section 4.02.Optional Redemption.
The Town reserves the option to redeem Certificates maturing on and
(a)
after September1, 2028 in whole or any part, before their respective scheduled maturity
dates, on September1, 2027 or on any date thereafter, such redemption date or dates
to be fixed by the Town, at a price equal to the principal amount of the Certificates
called for redemption plus accrued interest to the date fixed for redemption.
If less than all of the Certificates are to be redeemed pursuant to an
(b)
optional redemption, the Town shall determine the maturity or maturities and the
amounts thereof to be redeemed and shall direct the Paying Agent/Registrar to call by
lot the Certificates, or portions thereof, within such maturity or maturities and in such
principal amounts for redemption.
The Town, at least 45 days before the redemption date, unless a shorter
(c)
period shall be satisfactory to the Paying Agent/Registrar, shall notify the Paying
Agent/Registrar of such redemption date and of the principal amount of Certificates to
be redeemed.
Section 4.03.Mandatory Sinking Fund Redemption.
The Certificates maturing on September 1, 20___,and September 1,
(a)
20___(the “Term Certificates”) aresubject to scheduled mandatory redemption and will
be redeemed by the Town, in part at a price equal to the principal amount thereof,
1544
Page of
#5460696.1
Town CouncilPage 153 of 203Meeting Date: May 23, 2017
without premium, plus accrued interest to the redemption date, out of moneys available
for such purpose in the Interest and Sinking Fund, on the dates and in the respective
principal amounts as set forth below.
Term Certificates Maturing September 1, 20
Redemption DateRedemption Amount
September 1, 20___$___________
September 1, 20___*$___________
*maturity
Term Certificates Maturing September 1, 20
Redemption DateRedemption Amount
September 1, 20___$___________
September 1, 20___*$___________
*maturity
At least forty-five (45) days prior to each scheduled mandatory redemption
(b)
date, the Paying Agent/Registrar shall select for redemption by lot, or by any other
customary method that results in a random selection, a principal amount of Term
Certificates equal to the aggregate principal amount of such Term Certificates to be
redeemed, shall call such Term Certificates for redemption on such scheduled
mandatory redemption date, and shall give notice of such redemption, as provided in
Section4.05.
The principal amount of the Term Certificates required to be redeemed on
(c)
any redemption date pursuant to subparagraph (a) of this Section4.03 shall be
reduced, at the option of the Town, by the principal amount of any Term Certificates
which, at least 45 days prior to the mandatory sinking fund redemption date (i) shall
have been acquired by the Town at a price not exceeding the principal amount of such
Term Certificates plus accrued interest to the date of purchase thereof, and delivered to
the Paying Agent/Registrar for cancellation, or (ii) shall have been redeemed pursuant
to the optional redemption provisions hereof and not previously credited to a mandatory
sinking fund redemption.
Section 4.04.Partial Redemption.
A portion of a single Certificate of a denomination greater than $5,000
(a)
may be redeemed, but only in a principal amount equal to $5,000 or any integral
multiple thereof. If such a Certificate is to be partially redeemed, the Paying
Agent/Registrar shall treat each $5,000 portion of the Certificate as though it were a
single Certificate for purposes of selection for redemption.
1644
Page of
#5460696.1
Town CouncilPage 154 of 203Meeting Date: May 23, 2017
Upon surrender of any Certificate for redemption in part, the Paying
(b)
Agent/Registrar, in accordance with Section3.06 of this Ordinance, shall authenticate
and deliver an exchange Certificate or Certificates in an aggregate principal amount
equal to the unredeemed portion of the Certificate so surrendered, such exchange
being without charge.
The Paying Agent/Registrar shall promptly notify the Town in writing of the
(c)
principal amount to be redeemed of any Certificate as to which only a portion thereof is
to be redeemed.
Section 4.05.Notice of Redemption to Owners.
The Paying Agent/Registrar shall give notice of any redemption of
(a)
Certificates by sending notice by first class United States mail, postage prepaid, not less
than 30 days before the date fixed for redemption, to the Owner of each Certificate (or
part thereof) to be redeemed, at the address shown on the Register at the close of
business on the Business Day next preceding the date of mailing such notice.
The notice shall state the redemption date, the redemption price, the place
(b)
at which the Certificates are to be surrendered for payment, and, if less than all the
Certificates outstanding are to be redeemed, an identification of the Certificates or
portions thereof to be redeemed.
Any notice given as provided in this Sectionshall be conclusively
(c)
presumed to have been duly given, whether or not the Owner receives such notice.
Section 4.06.Payment Upon Redemption.
Before or on each redemption date, the Town shall deposit with the
(a)
Paying Agent/Registrar money sufficient to pay all amounts due on theredemption date
and the Paying Agent/Registrar shall make provision for the payment of the Certificates
to be redeemed on such date by setting aside and holding in trust such amounts as are
received by the Paying Agent/Registrar from the Town and shall use such funds solely
for the purpose of paying the principal of, redemption premium, if any, and accrued
interest on the Certificates being redeemed.
Upon presentation and surrender of any Certificate called for redemption
(b)
at the Designated Payment/Transfer Office of the Paying Agent/Registrar on or after the
date fixed for redemption, the Paying Agent/Registrar shall pay the principal of,
redemption premium, if any, and accrued interest on such Certificate to the date of
redemption from the money set asidefor such purpose.
1744
Page of
#5460696.1
Town CouncilPage 155 of 203Meeting Date: May 23, 2017
Section 4.07.Effect of Redemption.
Notice of redemption having been given as provided in Section4.05 of this
(a)
Ordinance, the Certificates or portions thereof called for redemption shall become due
and payable on the date fixed for redemption and, unless the Town defaults in its
obligation to make provision for the payment of the principal thereof, redemption
premium, if any, or accrued interest thereon, such Certificates or portions thereof shall
cease to bear interest from and after the date fixedfor redemption, whether or not such
Certificates are presented and surrendered for payment on such date.
If the Town shall fail to make provision for payment of all sums due on a
(b)
redemption date, then any Certificate or portion thereof called for redemption shall
continue to bear interest at the rate stated on the Certificate until due provision is made
for the payment of same by the Town.
Section 4.08.Conditional Notice of Redemption.
The Town reserves the right to give notice of its election or direction to redeem
Bonds conditioned upon the occurrence of subsequent events. Such notice may state (i)
that the redemption is conditioned upon the deposit of moneys and/or authorized
securities, in an amount equal to the amount necessary to effect the redemption, with
thePaying Agent/Registrar, or such other entity as may be authorized by law, no later
than the redemption date, or (ii) that the Town retains the right to rescind such notice at
any time on or prior to the scheduled redemption date if the Town delivers a certificate
of the Town to the Paying Agent/Registrar instructing the Paying Agent/Registrar to
rescind the redemption notice and such notice and redemption shall be of no effect if
such moneys and/or authorized securities are not so deposited or if the notice is
rescinded. The Paying Agent/Registrar shall give prompt notice of any such rescission
of a conditional notice of redemption to the affected Owners. Any Bonds subject to
conditional redemption and such redemption has been rescinded shall remain
Outstanding and the rescission of such redemption shall not constitute an event of
default. Further, in the case of a conditional notice of redemption, the failure of the Town
to make moneys and or authorized securities available in part or in whole on or before
the redemption date shall not constitute an event of default.
Section 4.09.Lapse of Payment.
Money set aside for the redemption of Certificates and remaining unclaimed by
the Owners of such Certificates shall be subject to the provisions of Section3.03(f)
hereof.
1844
Page of
#5460696.1
Town CouncilPage 156 of 203Meeting Date: May 23, 2017
ARTICLE V
PAYING AGENT/REGISTRAR
Section 5.01.Appointment of Initial Paying Agent/Registrar.
BOKF, N.A., Dallas, Texas, is hereby appointed as the initial Paying
Agent/Registrar for the Certificates.
Section 5.02.Qualifications.
Each Paying Agent/Registrar shall be a commercial bank, a trust company
organized under the laws of the State of Texas, or other entity duly qualified and legally
authorized to serve as and perform the duties and services of paying agent and
registrar for the Certificates.
Section 5.03.Maintaining Paying Agent/Registrar.
Atall times while any of the Certificates are outstanding, the Town will
(a)
maintain a Paying Agent/Registrar that is qualified under Section5.02 of this Ordinance.
The Mayor is hereby authorized and directed to execute an agreement with the Paying
Agent/Registrar specifying the duties and responsibilities of the Town and the Paying
Agent/Registrar in substantially the form presented at this meeting, such form of
agreement being hereby approved. The signature of the Mayor shall be attested by the
Town Secretary of the Town.
If the Paying Agent/Registrar resigns or otherwise ceases to serve as
(b)
such, the Town will promptly appoint a replacement.
Section 5.04.Termination.
The Town, upon not less than sixty (60) days’ notice, reserves the right to
terminate the appointmentof any Paying Agent/Registrar by delivering to the entity
whose appointment is to be terminated written notice of such termination.
Section 5.05.Notice of Change to Owners.
Promptly upon each change in the entity serving as Paying Agent/Registrar, the
Town will cause notice of the change to be sent to each Owner by first class United
States mail, postage prepaid, at the address thereof in the Register, stating the effective
date of the change and the name and mailing address of the replacement Paying
Agent/Registrar.
Section 5.06.Agreement to Perform Duties and Functions.
By accepting the appointment as Paying Agent/Registrar and executing the
Paying Agent/Registrar Agreement, the Paying Agent/Registrar is deemed to have
1944
Page of
#5460696.1
Town CouncilPage 157 of 203Meeting Date: May 23, 2017
agreed to the provisions of this Ordinance and that it will perform the duties and
functions of Paying Agent/Registrar prescribed thereby.
Section 5.07.Delivery of Records to Successor.
If a Paying Agent/Registrar is replaced, such Paying Agent/Registrar, promptly
upon the appointment of the successor, will deliver the Register (or a copy thereof) and
all other pertinent books and records relating to the Certificates to the successor Paying
Agent/Registrar.
ARTICLE VI
FORM OF THE CERTIFICATES
Section 6.01.Form Generally.
The Certificates, including the Registration Certificate of the Comptroller of
(a)
Public Accounts of the State of Texas, the Certificate of the Paying Agent/Registrar, and
the Assignment form to appear on each of the Certificates, (i) shall be substantially in
the form set forth in this Article, with such appropriate insertions, omissions,
substitutions, and other variations as are permitted or required by this Ordinance, and
(ii) may have such letters, numbers, or other marks of identification (including identifying
numbers and letters of the Committee on Uniform Securities Identification Procedures of
the American Bankers Association) and such legends and endorsements (including any
reproduction of an opinion of counsel) thereon as, consistently herewith, may be
determined by the Town or by the officers executing such Certificates, as evidenced by
their execution thereof.
Any portion of the text of any Certificates may be set forth on the reverse
(b)
side thereof, with an appropriate reference thereto on the face of the Certificates.
The definitive Certificates, if any, shall be typewritten, photocopied,
(c)
printed, lithographed, or engraved, and may be produced by any combination of these
methods or produced in any other similar manner, all as determined by the officers
executing such Certificates, as evidenced by their execution thereof.
The Initial Certificate submitted to the Attorney General of the State of
(d)
Texas may be typewritten and photocopied or otherwise reproduced.
Section 6.02.Form of the Certificates.
The form of the Certificates, including the form of the Registration Certificate of
the Comptroller of Public Accounts of the State of Texas, the form of Certificate of the
Paying Agent/Registrar and the form of Assignment appearing on the Certificates, shall
be substantially as follows:
2044
Page of
#5460696.1
Town CouncilPage 158 of 203Meeting Date: May 23, 2017
Form of Certificate.
(a)
REGISTEREDNo._________REGISTERED$_________
United States of America
State of Texas
Counties of Tarrant and Denton
TOWN OF TROPHY CLUB, TEXAS
COMBINATION TAX AND REVENUE
CERTIFICATE OF OBLIGATION
SERIES 2017
INTEREST RATE:MATURITY DATE:DATED DATE:CUSIP NUMBER:
______%September1, ____June 1, 2017______ ___
The Town of Trophy Club (the “Town”), in the Counties of Tarrant and Denton,
State of Texas, for value received, hereby promises to pay to
_____________________________
or registered assigns, onthe Maturity Date specified above, the sum of
_______________________ DOLLARS
unless this Certificate shall have been sooner called for redemption and the payment of
the principal hereof shall have been provided for, and to pay interest on such principal
amount from the later of Dated Date specified above or the most recent interest
payment date to which interest has been paid or provided for until payment of such
principal amount has been provided for, at the per annum rate of interest specified
above, computed on the basis of a 360-day year of twelve 30-day months, such interest
to be paid semiannually on March1 and September1 of each year, commencing
March1, 2018.
The principal of this Certificate shall be payable without exchange or collection
charges in lawful money of the United States of America upon presentation and
surrender of this Certificate at the designated office in Dallas, Texas, of BOKF, N.A., as
Paying Agent/Registrar (the “Designated Payment/Transfer Office”), or, with respect to
a successor paying agent/registrar, at the Designated Payment/Transfer Office of such
successor Paying Agent/Registrar. Interest on this Certificate is payable by check
dated as of the interest payment date, and will be mailed by the Paying Agent/Registrar
to the registered owner at the address shown on the registration books kept by the
Paying Agent/Registrar or by such other customary banking arrangement acceptable to
the Paying Agent/Registrar and the registered owner; provided, however, such
registered owner shall bear all risk and expenses of such customary banking
arrangement. At the option of an Owner of at least $1,000,000 principal amount of the
Certificates, interest may be paid by wire transfer to the bank account of such Owner on
file with the Paying Agent/Registrar. For the purpose of the payment of interest on this
2144
Page of
#5460696.1
Town CouncilPage 159 of 203Meeting Date: May 23, 2017
Certificate, the registered owner shall be the person in whose name this Certificate is
registered at the close of business on the “Record Date,” which shall be the fifteenth
day of the month next preceding such interest payment date; provided, however, that in
the event of nonpayment of interest on a scheduled payment date and for 30 days
thereafter, a new record date for such interest payment (a “Special Record Date”) shall
be established by the Paying Agent/Registrar, if and when funds for the payment of
such interest have been received from the Town. Notice of the Special Record Date
and of the scheduled payment date of the past due interest (the “Special Payment
Date,” which date shall be 15 days after the Special Record Date) shall be sent at least
five business days prior to the Special Record Date by United States mail, first class,
postage prepaid, to the address of each Owner of a Certificate appearing on the books
of the Paying Agent/Registrar at the close of business on the last business day next
preceding the date of mailing of such notice.
If the date for the payment of the principal of or interest on this Certificate shall
be a Saturday, Sunday, legal holiday, or day onwhich banking institutions in the city
where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located
are required or authorized by law or executive order to close, the date for such payment
shall be the next succeeding day that is not a Saturday, Sunday, legal holiday, or day
on which banking institutions are required or authorized to close, and payment on such
date shall have the same force and effect as if made on the original date payment was
due and no additional interest shall be due by reason of nonpayment on the date on
which such payment is otherwise stated to be due and payable.
This Certificate is one of a series of fully registered certificates specified in the
title hereof issued in the aggregate principal amount of $______________(herein
referred to as the “Certificates”), issued pursuant to a certain ordinance of the Town (the
“Ordinance”) for the purpose of paying contractual obligations to be incurred for
authorized public improvements (the “Project”) as described inthe Ordinance, and to
pay the contractual obligations for professional services of attorneys, financial advisors
and other professionals in connection with the Project and the issuance of the
Certificates.
The Certificates and the interest thereon are payable from the levy of a direct and
continuing ad valorem tax within the limits prescribed by law, against all taxable
property in the Town and from a pledge of certain Surplus Revenues (not to exceed
$1,000) of the Town’s municipal drainage utility system, all as described and provided
for in the Ordinance.
The Town has reserved the option to redeem the Certificates maturing on or after
September1, 2028, in whole or in part, before their respective scheduled maturity
dates, on September1, 2027, or on any date thereafter, at a price equal to the principal
amount of the Certificates so called for redemption plus accrued interest to the date
fixed for redemption. If less than all of the Certificates are to be redeemed, the Town
shall determine the maturityor maturities and the amounts thereof to be redeemed and
shall direct the Paying Agent/Registrar to call by lot or other customary method that
2244
Page of
#5460696.1
Town CouncilPage 160 of 203Meeting Date: May 23, 2017
results in a random selection the Certificates, or portions thereof, within such maturity
and in such principal amounts, for redemption.
The Certificates maturing September 1, 20___, September20___and
September 1, 20___(the “Term Certificates”) are subject to scheduled mandatory
redemption and will be redeemed by the Town, in part at a price equal to the principal
amount thereof, without premium, plus accrued interest to the redemption date, out of
moneys available for such purpose in the Interest and Sinking Fund, on the dates and in
the respective principal amounts as set forth below.
Term Certificates MaturingSeptember 1, 20
Redemption DateRedemption Amount
September 1, 20___$__________
September 1, 20___*$__________
*maturity
Term Certificates Maturing September 1, 20
Redemption DateRedemption Amount
September 1, 20___$_______
September 1, 20___*$_______
*maturity
At least forty-five (45) days prior to each scheduled mandatory redemption date,
the Paying Agent/Registrar shall select for redemption by lot, or by any other customary
method that results in a random selection, a principal amount of Term Certificates equal
to the aggregate principal amount of such Term Certificates to be redeemed, shall call
such Term Certificates for redemption on such scheduled mandatory redemption date,
and shall give notice of such redemption, as provided in the Ordinance.
In lieu of calling the Term Certificates described above, for mandatory
redemption, the Town reserves the right to purchase such Term Certificates at a price
not exceeding the principal amount thereof, plus accrued interest, with (a) moneys on
deposit in the Interest and Sinking Fund which are available for the mandatory
redemption of such Term Certificates or (b) other lawfully available funds.
Upon any such purchase in lieu of redemption, not less than five (5) days prior to
a mandatory redemption date, the Town shall deliver such Term Certificates to the
Paying Agent/Registrar prior to the selection of the Term Certificates for redemption and
the principal amount so delivered shall be credited against the amount required tobe
called for redemption in that year.
Notice of such redemption or redemptions shall be given by first class mail,
postage prepaid, not less than 30 days before the date fixed for redemption, to the
registered owner of each of the Certificates to be redeemed in whole or in part. Notice
2344
Page of
#5460696.1
Town CouncilPage 161 of 203Meeting Date: May 23, 2017
having been so given, the Certificates or portions thereof designated for redemption
shall become due and payable on the redemption date specified in such notice; from
and after such date, notwithstanding that any of the Certificates or portions thereof so
called for redemption shall not have been surrendered for payment, interest on such
Certificates or portions thereof shall cease to accrue.
The Town reserves the right to give notice of its election or direction to redeem
Certificates conditioned upon the occurrence of subsequent events. Such notice may
state (i) that the redemption is conditioned upon the deposit of moneys and/or
authorized securities, in an amount equal to the amount necessary to effect the
redemption, with the Paying Agent/Registrar, or such other entity as may be authorized
by law, no later than the redemption date, or (ii) that the Town retains the right to
rescind such notice at any time on or prior to the scheduled redemption date if the Town
delivers a certificate of the Town to the Paying Agent/Registrar instructing the Paying
Agent/Registrar to rescind the redemption notice and such notice and redemption shall
be of no effect if such moneys and/or authorized securities are not so deposited or ifthe
notice is rescinded. The Paying Agent/Registrar shall give prompt notice of any such
rescission of a conditional notice of redemption to the affected Owners. Any Certificates
subject to conditional notice of redemption and such redemption has been rescinded
shall remain Outstanding and the rescission of such redemption shall not constitute an
event of default. Further, in the case of a conditional redemption, the failure of the Town
to make moneys and or authorized securities available in part or in whole on or before
the redemption date shall not constitute an event of default.
As provided in the Ordinance, and subject to certain limitations therein set forth,
this Certificate is transferable upon surrender of this Town for transfer at the Designated
Payment/Transfer Office of the Paying Agent/Registrar with such endorsement or other
evidence of transfer as is acceptable to the Paying Agent/Registrar; thereupon, one or
more new fully registered Certificates of the same stated maturity, of authorized
denominations, bearing the same rate of interest, and for the same aggregate principal
amount will be issued to the designated transferee or transferees.
Neither the Town nor the Paying Agent/Registrar shall be required to issue,
transfer or exchange any Certificate called for redemption where such redemption is
scheduled to occur within 45 calendar days of the date fixed for redemption; provided,
however, such limitation shall not be applicable to an exchange by the registered owner
of the uncalled principal balance of a Certificate.
The Town, the Paying Agent/Registrar, and any other person may treat the
person in whose name this Certificate is registered as the owner hereof for the purpose
of receiving payment as herein provided (except interest shall be paid to the person in
whose name this Certificate is registered on the Record Date, or the Special Record
Date, as applicable) and for all other purposes, whether or not this Certificate be
overdue, and neither the Town nor the Paying Agent/Registrar shall be affected by
notice to the contrary.
2444
Page of
#5460696.1
Town CouncilPage 162 of 203Meeting Date: May 23, 2017
IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Certificate
and the series of which it is a part is duly authorized by law; that all acts, conditions, and
things to be done precedent to and in the issuance of the Certificates have been
properly done and performed and have happened in regular and due time, form, and
manner as required by law; that ad valorem taxes upon all taxable property in the Town
have been levied for and pledged to the payment of the debt service requirements of
the Certificates within the limit prescribed by law; that, in addition to said taxes, further
provisions have been made for the payment of the debt service requirements of the
Certificates from a pledge of a limited amount of the Surplus Revenues, as described in
the Ordinance, derived by the Town from the operation of the municipal drainage utility
system in an amount limited to $1,000, that when so collected, such taxes and Surplus
Revenues shall be appropriated to such purposes; and that the total indebtedness of
the Town, including the Certificates, does not exceed any constitutional or statutory
limitation.
IN WITNESS WHEREOF, the Town has caused this Certificate to be executed
by the manual or facsimile signature of the Mayor of the Town and countersigned by the
manual or facsimile signature of the Town Secretary, and the official seal of the Town
has been duly impressed or placed in facsimile on this Certificate.
_______________________________
Mayor, Town of Trophy Club, Texas
Town Secretary,
Town of Trophy Club, Texas
\[SEAL\]
Form of Comptroller’s Registration Certificate. The following Comptroller’s
(b)
Registration Certificate may be deleted from the definitive Certificates if such certificate
on the Initial Certificate is fully executed.
OFFICE OF THE COMPTROLLER §
OF PUBLIC ACCOUNTS § REGISTER NO.____________
OF THE STATE OF TEXAS §
I hereby certify that there is on file and of record in my office a certificate of the
Attorney General of the State of Texas to the effect that this Certificate has been
examined by him as required by law, that he finds that it has been issued in conformity
with the Constitution and laws of the State of Texas, and that it is a valid and binding
obligation of the Town of Trophy Club, Texas; and that this Certificate has this day been
registered by me.
Witness my hand and seal of office at Austin, Texas, _____________________.
_______________________________
2544
Page of
#5460696.1
Town CouncilPage 163 of 203Meeting Date: May 23, 2017
Comptroller of Public Accounts
of the State of Texas
Form of Certificate of Paying Agent/Registrar. The following Certificate of
(c)
Paying Agent/Registrar may be deleted from each Initial Certificate if the Comptroller’s
Registration Certificate appears thereon.
CERTIFICATE OF PAYING AGENT/REGISTRAR
The records of the Paying Agent/Registrar show that the Initial Certificates of this
series of Certificates was approved by the Attorney General of the State of Texas and
registered by the Comptroller of Public Accounts of the State of Texas, and that this is
one of the Certificates referred to in the within-mentioned Ordinance.
BOKF, N.A.,
as Paying Agent/Registrar
Dated: ________________By: ___________________________
Authorized Signatory
Form of Assignment.
(d)
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto
(print or typewrite name, address and Zip Code of transferee): ___________________
_____________________________________________________________________
_____________________________________________________________________
(Social Security or other identifying number: ____________________) the within
Certificate and all rights hereunder and hereby irrevocably constitutes and appoints
____________________ attorney to transfer the within Certificate on the books kept for
registration hereof, with full power of substitution in the premises.
Dated: __________________
Signature Guaranteed By:
NOTICE: The Signature on this
____________________________________
Assignment must correspond with the
name of the registered owner as it
____________________________________
appears on the face of the within
Authorized Signatory
Certificatein every particular and must
be guaranteed in a manner acceptable
to the Paying Agent/Registrar.
The initial Certificate shall be in the form set forth in subsections (a)
(e)
through (d) of this Section, except for the following alterations:
2644
Page of
#5460696.1
Town CouncilPage 164 of 203Meeting Date: May 23, 2017
immediately under the name of the Certificate, the headings
(i)
“INTEREST RATE,” and “MATURITY DATE” shall both be completed with the
words “As Shown Below” and the words “CUSIP NO.” shall be deleted;
in the first paragraph of the Certificate, the words “on the Maturity
(ii)
Date specified above, the sum of ____________________ DOLLARS” shall be
deleted and the following will be inserted: “on the first day of Septemberin the
years, in the principal installments and bearing interest at the per annum rates
set forth in the following schedule:
YearPrincipal AmountInterest Rate
(Information to be inserted from Section3.02(c) hereof).
the Initial Certificate shall be numbered T-1.
(iii)
Section 6.03.CUSIP Registration.
The Town may secure identification numbers through the CUSIP Global
Services, managed by S&P Capital IQ on behalf of the American Bankers Association,
and may authorize the printing of such numbers on the face of the Certificates. It is
expressly provided, however, that the presence or absence of CUSIP numbers on the
Certificates shall be of no significance or effect in regard to the legality thereof and
neither the Town nor the attorneys approving said Certificates as to legality are to be
held responsible for CUSIP numbers incorrectly printed on the Certificates.
Section 6.04.Legal Opinion.
The approving legal opinion of Bracewell LLP, Bond Counsel, may be attached to
or printed on the reverse side of each Certificate over the certification of the Town
Secretary ofthe Town, which may be executed in facsimile.
Section 6.05.Statement Insurance.
A statement relating to a municipal bond insurance policy, if any, to be issued for
the Certificates, may be printed on each Certificate.
ARTICLE VII
SALE AND DELIVERY OF CERTIFICATES;
DEPOSIT OFPROCEEDS; FLOW OF FUNDS
Section 7.01.Sale of Certificates; Official Statement.
The Certificates, having been duly advertised and offered for sale at
(a)
competitive bid, are hereby officially sold and awarded______________________(the
2744
Page of
#5460696.1
Town CouncilPage 165 of 203Meeting Date: May 23, 2017
“Purchaser”) for a purchase priceequal to the principal amount thereof plusaccrued
interest of $___________ anda cash premium of $____________, being the bid which
produced the lowest true interest cost to the Town. The Initial Certificate shall be
registered in the name of the Purchaser or its designee.
The form and substance of the Preliminary Official Statement and any
(b)
addenda, supplement or amendment thereto, are hereby in all respects approved and
adopted and is hereby deemed final as of its date within the meaning and for the
purposes of paragraph (b)(1) of Rule 15c2-12 under the Securities Exchange Act of
1934, as amended. The Mayor and Town Secretary are hereby authorized and directed
to cause to be prepared a final Official Statement (the “Official Statement”) incorporating
applicable pricing information pertaining to the Certificates, and to execute the same by
manual or facsimile signature and deliver appropriate numbers of executed copies
thereof to the Purchaser. The Official Statement as thus approved, executed and
delivered, with such appropriate variations as shall be approved by the Mayor and the
Purchaser, may be used by the Purchaser in the public offering and sale thereof. The
Town Secretary is hereby authorized and directed to include and maintain a copy of the
Official Statement and any addenda, supplement or amendment thereto thus approved
among the permanent records of this meeting. The use and distribution of the
Preliminary Official Statement, and the preliminary public offering of the Certificates by
the Purchaser, is hereby ratified, approved and confirmed.
All officers of the Town are authorized to execute such documents,
(c)
certificates and receipts as they may deem appropriate in order to consummate the
delivery of the Certificates in accordance with the terms of sale therefor including,
without limitation, the Purchase Contract. Further, in connection with the submission of
the record of proceedings for the Certificates to the Attorney General of the State of
Texas for examination and approval of such Certificates, the appropriate officer of the
Town is hereby authorized and directed to issue a check of the Town payable to the
Attorney General of the State of Texas as a nonrefundable examination fee in the
amount required by Chapter 1202, Texas GovernmentCode (such amount per series to
be the lesser of (i) 1/10th of 1% of the principal amount of such series of the Certificates
or (ii) $9,500.)
The obligation of the Purchaser to accept delivery of the Certificates is
(d)
subject to the Purchaser being furnished with the final, approving opinion of Bracewell
LLP, bond counsel for the Town, which opinion shall be dated and delivered the Closing
Date.
The Mayor is hereby authorized and directed to execute the contractual
(e)
agreement with Southwest Securities, Inc. setting forth such firm’s responsibilities as
financial advisor to the Town, and the terms thereof in the form presented at this
meeting is hereby approved and accepted.
2844
Page of
#5460696.1
Town CouncilPage 166 of 203Meeting Date: May 23, 2017
Section 7.02.Control and Delivery of Certificates.
The Mayor of the Town is hereby authorized to have control of the Initial
(a)
Certificate and all necessary records and proceedings pertaining thereto pending
investigation, examination, and approval of the Attorney General of the State of Texas,
registration by the Comptroller of Public Accounts of theState of Texas and registration
with, and initial exchange or transfer by, the Paying Agent/Registrar.
After registration by the Comptroller of Public Accounts, delivery of the
(b)
Certificates shall be made to the Underwriter or a representative thereof under and
subject to the general supervision and direction of the Mayor, against receipt by the
Town of all amounts due to the Town under the terms of sale.
In the event the Mayor or Town Secretary is absent or otherwise unable to
(c)
execute any document or take any action authorized herein, the Mayor Pro Tem and the
Assistant Town Secretary, respectively, shall be authorized to execute such documents
and take such actions, and the performance of such duties by the Mayor Pro Tem and
the Assistant Town Secretary shall for the purposes of this Ordinance have the same
force and effect as if such duties were performed by the Mayor and Town Secretary,
respectively.
Section 7.03.Deposit of Proceeds.
First: All amounts received on the Closing Date as accrued interest on the
(a)
Certificates from the Certificate Date to the Closing Date, shall be deposited to the
Interest and Sinking Fund.
Second: Proceeds of the Certificates in the amount of $___________
(b)
(including premium in the amount of $___________shall be deposited to a special
account of the Town, such moneys to be dedicated and used solely for the purposes for
which the Certificates are being issued as herein provided in Section3.01(i).
Third: Premium received on the Certificates in the amount of
(c)
$___________shall be used to pay the cost of issuing the Certificates. To the extent
any of such amount is not used for such purposes, such excess shall be deposited to
the Interest and Sinking Fund.
ARTICLE VIII
INVESTMENTS
Section 8.01.Investments.
Money in the Interest and Sinking Fund created by this Ordinance, at the
(a)
option of the Town, may be invested in such securities or obligations as permitted under
applicable law.
2944
Page of
#5460696.1
Town CouncilPage 167 of 203Meeting Date: May 23, 2017
Any securities or obligations in which such money is so invested shall be
(b)
kept and held in trust for the benefit of the Owners and shall be sold and the proceeds
of sale shall be timely applied to the making of all payments required to be made from
the fund from which the investment was made.
Section 8.02.Investment Income.
Interest and income derived from investment of the Interest and Sinking
(a)
Fund be credited to such fund.
Interest and income derived from investment of the funds to be deposited
(b)
pursuant to Section7.03(b) hereof shall be credited to the account where deposited
until the acquisition or construction of said projects is completed and thereafter, to the
extent such interest and income are present, such interest and income shall be
deposited to the Interest and Sinking Fund.
ARTICLE IX
PARTICULAR REPRESENTATIONS AND COVENANTS
Section 9.01.Payment of the Certificates.
On or before each Interest Payment Date for the Certificates and while any of the
Certificates are outstanding and unpaid, there shall be made available to the Paying
Agent/Registrar, out of the Interest and Sinking Fund, money sufficient to pay such
interest on and principal of, redemption premium, if any, and interest on the Certificates
as will accrue or mature on the applicable Interest Payment Date, maturity date and, if
applicable, on a date of prior redemption.
Section 9.02.Other Representations and Covenants.
The Town willfaithfully perform, at all times, any and all covenants,
(a)
undertakings, stipulations, and provisions contained in this Ordinance and in each
Certificate; the Town will promptly pay or cause to be paid the principal of, redemption
premium, if any, and interest on each Certificate on the dates and at the places and
manner prescribed in such Certificate; and the Town will, at the times and in the manner
prescribed by this Ordinance, deposit or cause to be deposited the amounts of money
specified by this Ordinance.
The Town is duly authorized under the laws of the State of Texas to issue
(b)
the Certificates; all action on its part for the creation and issuance of the Certificates has
been duly and effectively taken; and the Certificates in the hands of the Owners thereof
are and will be valid and enforceable obligations of the Town in accordance with their
terms.
3044
Page of
#5460696.1
Town CouncilPage 168 of 203Meeting Date: May 23, 2017
Section 9.03.Provisions Concerning Federal Income Tax Exclusion.
The Town intends that the interest on the Certificates shall be excludable from
gross income for federal income taxation pursuant to sections 103 and 141 through 150
of the Internal Revenue Code of 1986, as amended (the “Code”) and the applicable
regulations promulgated thereunder (the “Regulations”). The Town covenants and
agrees not to take any action, or knowingly omit to take any action within its control, that
if taken or omitted, respectively, would cause the interest on the Certificates to be
includable in gross income, as defined in section 61 of the Code of the holders thereof
for purposes of federal income taxation. In particular, the Town covenants and agrees
to comply with each requirement of Sections 9.03 through 9.10, inclusive; provided,
however, that the Town shall not be required to comply with any particular requirement
of this Sections9.03 through 9.10 of the holders thereof for purposes of federal income
taxation, if the Town has received an opinion of nationally recognized bond counsel
(“Counsel’s Opinion”) that such noncompliance will not adversely affect the exclusion
from gross income for federal income tax purposes of interest on the Certificates or if
the Town has received a Counsel’s Opinion to the effect that compliance with some
other requirement set forth in this Sections 9.03 through 9.10, inclusive, will satisfy the
applicable requirements of the Code and the Regulations, in which case compliance
with such other requirement specified in such Counsel’s Opinion shall constitute
compliance with the corresponding requirement specified in Sections 9.03 through 9.10,
inclusive.
Section 9.04. No Private Use or Payment and No Private Loan Financing.
The Town shall certify, through an authorized officer, employee or agent, that,
based upon all facts and estimates known or reasonably expected to be in existence on
the date the Certificates are delivered, that the proceeds of the Certificates will not be
used in a manner that would cause the Certificates to be “private activity bonds” within
the meaning of section 141 of the Code and the Regulations. The Town covenants and
agrees that it will makesuch use of the proceeds of the Certificates, including interest or
other investment income derived from Certificate proceeds, regulate the use of property
financed, directly or indirectly, with such proceeds, and take such other and further
action as maybe required so that the Certificates will not be “private activity bonds”
within the meaning of section 141 of the Code and the Regulations.
Section 9.05.No Federal Guaranty.
The Town covenants and agrees not to take any action, or knowingly omit to take
any action,and has not knowingly omitted and will not knowingly omit to take any action
within its control, that, if taken or omitted, respectively, would cause the Certificates to
be “federally guaranteed” within the meaning of section 149(b) of the Code and the
Regulations, except as permitted by section 149(b)(3) of the Code and the Regulations.
Section 9.06.Certificates are not Hedge Certificates.
3144
Page of
#5460696.1
Town CouncilPage 169 of 203Meeting Date: May 23, 2017
The Town covenants and agrees that it has not taken and will not take any
action, and has not knowingly omitted and will not knowingly omit to take any action
within its control, that, if taken or omitted, respectively, would cause the Certificates to
be “hedge bonds” within the meaning of section 149(g) of the Code and the
Regulations.
Section 9.07.No-Arbitrage Covenant.
The Town shall certify, through an authorized officer, employee or agent, that,
based upon all facts and estimates known or reasonably expected to be in existence on
the date the Certificates are delivered, the Town will reasonably expect that the
proceeds of the Certificates will not be used in a manner that would cause the
Certificates to be “arbitrage bonds” within the meaning of section 148(a) of the Code
and the Regulations. Moreover, the Town covenants and agrees that it will make such
use of the proceeds of the Certificates, including interest or other investment income
derived from Certificate proceeds, regulate investments of proceeds of the Certificates,
and take such other and further action as may be required so that the Certificates will
not be “arbitrage bonds” within the meaning of section 148(a) of the Code and the
Regulations.
Section 9.08.Arbitrage Rebate.
If the Town does not qualify for an exception to the requirements of
Section148(f) of the Code, the Town will take all necessary steps to comply with the
requirement that certain amounts earned by the Town on the investment of the “gross
proceeds” of the Certificates (within the meaning of section 148(f)(6)(B) of the Code), be
rebated to the federal government. Specifically, the Town will (i) maintain records
regarding the investment of the gross proceeds of the Certificates as may be required to
calculate the amount earned on the investment of the gross proceeds of the Certificates
separately from records of amounts on deposit in the funds and accounts of the Town
allocable to other issues of the Town or moneys which do not represent gross proceeds
of any issues of the Town, (ii) calculate at such times as are required by the Regulations
the amount earned from the investment of the gross proceeds of the Certificateswhich
is required to be rebated to the federal government, and (iii) pay, not less often than
every fifth anniversary date of the delivery of the Certificates or on such other dates as
may be permitted under the Regulations, all amounts required to be rebated to the
federal government. Further, the Town will not indirectly pay any amount otherwise
payable to the federal government pursuant to the foregoing requirements to any
person other than the federal government by entering into any investment arrangement
with respect to the gross proceeds of the Certificates that might result in a reduction in
the amount required to be paid to the federal government because such arrangement
results in a smaller profit or a larger loss than would have resulted if the arrangement
had been at arm’s length and had the yield on the issue not been relevant to either
party.
3244
Page of
#5460696.1
Town CouncilPage 170 of 203Meeting Date: May 23, 2017
Section 9.09.Information Reporting.
The Town covenants and agrees to file or cause to be filed with the Secretary of
the Treasury, not later than the 15th day of the second calendar month after the close of
the calendar quarter in which the Certificates are issued, an information statement
concerning the Certificates, all under and in accordance with section 149(e) of the Code
and the Regulations.
Section 9.10.Continuing Obligation.
Notwithstanding any other provision of this Ordinance, the Town’s obligations
under the covenants and provisions of Sections 9.03 through 9.09, inclusive, shall
survive the defeasance and discharge of the Certificates.
Section 9.11.Qualified Tax-Exempt Obligations.
The Town hereby designates the Certificates as “qualified tax-exempt
obligations” for purposes of section 265(b) of theCode. In connection therewith, the
Town represents (a) that the aggregate amount of tax-exempt obligations issued by the
Town during calendar year 2013, including the Certificates, which have been
designated as “qualified tax-exempt obligations” under section 265(b)(3) of the Code
does not exceed $10,000,000, and (b) that the reasonably anticipated amount of its tax-
exempt obligations which will be issued by the Town during calendar year 2013,
including the Certificates, will not exceed $10,000,000. For purposes of this
Section9.11, the term “tax-exempt obligations” does not include “private activity bonds”
within the meaning of section 141 of the Code, other than “qualified 501(c)(3) bonds”
within the meaning of section 145 of the Code. In addition, for purposes of this
Section9.11, the Town includes all governmental units which are aggregate with the
Town under section 265(b) of the Code.
ARTICLE X
DEFAULT AND REMEDIES
Section 10.01.Events of Default.
Each of the following occurrences or events for the purpose of this Ordinance is
hereby declared to be an Event of Default:
the failure to make payment of the principal of, redemption
(i)
premium, if any, or interest on any of the Certificates when the same becomes
due and payable; or
default in the performance or observance of any other covenant,
(ii)
agreement, or obligation of the Town, which default materially and adversely
affects the rights of the Owners, including but not limited to their prospect or
ability to be repaid in accordance with this Ordinance, and the continuation
3344
Page of
#5460696.1
Town CouncilPage 171 of 203Meeting Date: May 23, 2017
thereof for a period of sixty (60) days after notice of such default is given by any
Owner to the Town.
Section 10.02.Remedies for Default.
Upon the happening of any Event of Default, then any Owner or an
(a)
authorized representative thereof, including but not limited to a trustee or trustees
therefor, may proceed against the Town for the purpose of protecting and enforcing the
rights of the Owners under this Ordinance by mandamus or other suit, action or special
proceeding in equity or at law in any court of competent jurisdiction for any relief
permitted by law, including the specific performance of any covenant or agreement
contained herein, or thereby to enjoin any act or thing that may be unlawful or in
violation of any right of the Owners hereunder or any combination of such remedies.
It is provided that all such proceedings shall be instituted and maintained
(b)
for the equal benefit of all Owners of Certificates then outstanding.
Section 10.03.Remedies Not Exclusive.
No remedy herein conferred or reserved is intended to be exclusive of any
(a)
other available remedy, but each and every such remedy shall be cumulative and shall
be in addition to every other remedy given hereunder or under the Certificates or now or
hereafter existing at law or in equity; provided, however, that notwithstanding any other
provision of this Ordinance, the right to accelerate the debt evidenced by the
Certificates shall not be available as a remedy under this Ordinance.
The exercise of any remedy herein conferred or reserved shall not be
(b)
deemed a waiver of any other available remedy.
ARTICLE XI
DISCHARGE
Section 11.01.Discharge.
The Certificates may be defeased, discharged or refunded in any manner
permitted by applicable law.
ARTICLE XII
CONTINUING DISCLOSURE UNDERTAKING
Section 12.01.Annual Reports.
The Town shall provide annually to the MSRB, (1) within six months
(i)
after the end of each fiscal year of the Town, financial information and operating
data with respect to the Town of the general type included in the final Official
Statement, being information of the type described in the Pricing Certificate,
3444
Page of
#5460696.1
Town CouncilPage 172 of 203Meeting Date: May 23, 2017
including financial statements of the Town if audited financial statements of the
Town are then available, and (2) if not provided as part such financial information
and operating data, audited financial statements of the Town, when and if
available. Any financial statements to be provided shall be (i) prepared in
accordance with the accounting principles appended to the Official Statement, or
such other accounting principles as the Town may be required to employ from
time to time pursuant to state law or regulation, and (ii) audited, if the Town
commissions an audit of such financial statements and the audit is completed
within the period during which they must be provided. If the audit of such
financial statements is not complete within 12 months after any such fiscal year
end, then the Town shall file unaudited financial statements within such 12-month
period and audited financial statements for the applicable fiscal year, when and if
the audit report on such statements becomes available.
If the Town changes its fiscal year, it will notify the MSRB of the
(ii)
change (and of the date of the new fiscal year end) prior to the next date by
which the Town otherwise would be required to provide financial information and
operating data pursuant to this Section.
The financial information and operating data to be provided
(iii)
pursuant to this Sectionmay be set forth in full in one or more documents or may
be included by specific referenced to any document (including an official
statement or other offering document, if it is available from the MSRB) that
theretofore has been provided to the MSRB or filed with the SEC.
Section 12.02.Material Event Notices.
The Town shall notify the MSRB, in a timely manner not in excess of ten
(a)
(10) Business Days after the occurrence of the event, of any of the following events with
respect to the Certificates:
Principal and interest payment delinquencies;
(i)
Non-payment related defaults, if material;
(ii)
Unscheduled draws on debt service reserves reflecting financial
(iii)
difficulties;
Unscheduled draws on credit enhancements reflecting financial
(iv)
difficulties;
Substitution of credit or liquidity providers, or their failure to
(v)
perform;
Adverse tax opinions, the issuance by the Internal Revenue Service
(vi)
of proposed or final determinations of taxability, Notices of Proposed Issue (IRS
3544
Page of
#5460696.1
Town CouncilPage 173 of 203Meeting Date: May 23, 2017
Form 5701-TEB) or other material notices or determinations with respect to the
tax status of the Certificates, or other material events affecting the tax status of
the Certificates;
Modifications to rights of holders of the Certificates, if material;
(vii)
Certificate calls, if material, and tender offers;
(viii)
Defeasances;
(ix)
Release, substitution, or sale of property securing repayment of the
(x)
Certificates, if material;
Rating changes;
(xi)
1
Bankruptcy, insolvency, receivership or similar event of the Town;
(xii)
The consummation of a merger, consolidation, or acquisition
(xiii)
involving the Town or the sale of all or substantially all of the assets of the Town,
other than in the ordinary course of business, the entry into a definitive
agreementto undertake such an action or the termination of a definitive
agreement relating to any such actions, other than pursuant to its terms, if
material; and
Appointment of a successor Paying Agent/Registrar or change in
(xiv)
the name of the Paying Agent/Registrar, if material.
The Town shall provide to the MSRB, in an electronic format as prescribed
(b)
by the MSRB, in a timely manner, notice of a failure by the Town to provide required
annual financial information and notices of material events in accordance with Sections
12.01 and 12.02. All documents provided to the MSRB pursuant to this section shall be
accompanied by identifying information as prescribed by the MSRB.
Section 12.03.Limitations, Disclaimers and Amendments.
The Town shall be obligated to observe and perform the covenants
(a)
specified in this Articlefor so long as, but only for so long as, the Town remains an
1
For the purposes of the event identified in (xii), the event is considered to occur when any of the
following occur: the appointment of a receiver, fiscal agent, or similar officer for an obligated person in a
proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in
which a court or governmental authority has assumed jurisdiction over substantially all of the assets or
business of the obligated person, or if such jurisdiction has been assumed by leaving the existing
governing body and officials or officers in possession but subject to the supervision and orders of a court
or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or
liquidation by a court or governmental authority having supervision or jurisdiction over substantially all
of the assets or business of the obligated person.
3644
Page of
#5460696.1
Town CouncilPage 174 of 203Meeting Date: May 23, 2017
“obligated person” with respect to the Certificates within the meaning of the Rule, except
that the Town in any event will give notice of any redemption calls and any defeasances
that cause the Town to be no longer an “obligated person.”
The provisions of this Articleare for the sole benefit of the Owners and
(b)
beneficial owners of the Certificates, and nothing in this Article, express or implied, shall
give any benefit or any legal or equitable right, remedy, or claim hereunder to any other
person. The Town undertakes to provide only the financial information, operating data,
financial statements, and notices which it has expressly agreed to provide pursuantto
this Articleand does not hereby undertake to provide any other information that may be
relevant or material to a complete presentation of the Town’s financial results, condition,
or prospects or hereby undertake to update any information provided in accordance with
this Articleor otherwise, except as expressly provided herein. The Town does not make
any representation or warranty concerning such information or its usefulness to a
decision to invest in or sell Certificates at any future date.
UNDER NO CIRCUMSTANCES SHALL THE TOWN BE LIABLE TO THE
OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER
PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN
PART FROM ANY BREACH BY THE TOWN, WHETHER NEGLIGENT OR WITHOUT
FAULT ON ITS PART, OFANY COVENANT SPECIFIED IN THIS ARTICLE, BUT
EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT,
FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN
ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
No default by the Town in observing or performing its obligations under
(c)
this Articleshall constitute a breach of or default under the Ordinance for purposes of
any other provisions of this Ordinance.
Nothing in this Articleis intended or shall act to disclaim, waive, or
(d)
otherwise limit the duties of the Town under federal and state securities laws.
The provisions of this Articlemay be amended by the Town from time to
(e)
time to adapt to changed circumstances that arise from a change in legal requirements,
a change in law, or a change in the identity, nature, status, or type of operations of the
Town, but only if (i) the provisions of this Article, as so amended, would have permitted
an underwriter to purchase or sell Certificates in the primary offering of the Certificates
in compliance with the Rule, taking into account any amendments or interpretations of
the Rule to the date of such amendment, as well as such changed circumstances, and
(ii) either (A) the Owners of a majority in aggregate principal amount (or any greater
amount required by any other provisions of this Ordinance that authorizes such an
amendment) of the Outstanding Certificates consent to such amendment or (B) an
entity or individual person that is unaffiliated with the Town (such as nationally
recognized bond counsel) determinesthat such amendment will not materially impair
the interests of the Owners and beneficial owners of the Certificates. If the Town so
amends the provisions of this Article, it shall include with any amended financial
3744
Page of
#5460696.1
Town CouncilPage 175 of 203Meeting Date: May 23, 2017
information or operating data next provided in accordance with Section12.01 an
explanation, in narrative form, of the reasons for the amendment and of the impact of
any change in type of financial information or operating data so provide.
ARTICLE XIII
AMENDMENTS
Section 13.01.Amendments.
This Ordinance shall constitute a contract with the Owners, be binding on the
Town, and shall not be amended or repealed by the Town so long as any Certificate
remains outstanding except as permitted in this Section. The Town may, without
consent of or notice to any Owners, from time to time and at any time, amend this
Ordinance in any manner not detrimental to the interests of the Owners, including the
curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition,
the Town may,with the written consent of the Owners of the Certificates holding a
majority in aggregate principal amount of the Certificates then outstanding, amend, add
to, or rescind any of the provisions of this Ordinance; provided that, without the consent
of all Owners of outstanding Certificates, no such amendment, addition, or rescission
shall extend the time or times of payment of the principal of and interest on the
(i)
Certificates, reduce the principal amount thereof, the redemption price, or the rate of
interest thereon, or in any other way modify the terms of payment of the principal of or
interest on the Certificates, give any preference to any Certificate over any other
(ii)
Certificate, or reduce the aggregateprincipal amount of Certificates required to be
(iii)
held by Owners for consent to any such amendment, addition, or rescission.
ARTICLE XIV
MISCELLANEOUS
Section 14.01.Changes to Ordinance.
The Mayor and theChief Financial Officer, in consultation with Bond Counsel,
are hereby authorized to make changes to the terms of this Ordinance if necessary or
desirable to carry out the purposes hereof or in connection with the approval of the
issuance of the Certificates by the Attorney General of Texas.
Section 14.02.Partial Invalidity.
If any section, paragraph, clause or provision of this Ordinance shall for any
reason be held to be invalid or unenforceable, the invalidity or unenforceability of such
section, paragraph, clause or provision shall not affect any of the remaining provisions
of the Ordinance.
3844
Page of
#5460696.1
Town CouncilPage 176 of 203Meeting Date: May 23, 2017
Section 14.03.No Personal Liability.
No recourse shall be had for payment of the principal of or interest on any
Certificates or for any claim based thereon, or on this Ordinance, against any official or
employee of the Town or any person executing any Certificates.
ARTICLE XV
EFFECTIVENESS
Effectiveness.
This Ordinance shall take effect immediately from and after its passage.
3944
Page of
#5460696.1
Town CouncilPage 177 of 203Meeting Date: May 23, 2017
APPROVED AND ADOPTED this May 23, 2017.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
David Dodd, Town Attorney
Town of Trophy Club, Texas
Signature Page for Ordinance
Series 2017 Combination Tax and Revenue Certificates of Obligation
Town CouncilPage 178 of 203Meeting Date: May 23, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-181-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:4/25/2017 In control:Town Council
On agenda:5/23/2017 Final action:
Title:Consider and take appropriate action regarding the acceptance of the Audit for the Town of Trophy
Club, Fiscal Year 2016 (Staff).
Attachments:Staff Report - Audit Update.pdf
DateVer.Action ByActionResult
Agenda Item No. 12:
ConsiderandtakeappropriateactionregardingtheacceptanceoftheAuditfortheTownofTrophyClub,FiscalYear
2016 (Staff).
Town CouncilPage 179 of 203Meeting Date: May 23, 2017
To: Mayor and Town Council
From:Amber Karkauskas, Director of Finance
CC: Thomas M. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
John Zagurski, Budget Manager
Re: Update on Fiscal Year 2016 Audit
Town Council Meeting, May 23, 2017
Agenda Item:
Consider and take appropriate action regarding the acceptance of the Audit for the Town of
Trophy Club, Fiscal Year 2016 (Staff).
Explanation:
Immediately after our Audit Committee meeting, our auditors determined that the PID Debt
Service Agency Fund created in 2007 was classified incorrectly as per the guidance provided in
GASB 61. Instead of reporting this as a fiduciary fund, we should have presented this as a
blended component unit. There are no material items within our financials that are in
question; at issue is simply the presentation of this particular fund. Finance provided our
auditors all of the documentation that we could locate from a decade ago when the Town
issued the debt, but unfortunately we did not provide a complete picture from which they
could test activity. The delay has thus been based on working with several other entities, to
include the Bank of New York Mellon and our PID administrator, David Taussig and Associates,
to verify historical information. We have received 2 months of grace from the Government
Finance Officers Association (GFOA) for both the CAFR and PAFR in submitting our work for
awards. Though this process has been certainly lengthy, we are pleased that our auditors
found this error in presentation and strive to perform their due diligence in asserting that our
numbers are indeed correct.
After several months of continuations in presenting our audit to Council, it seems that we are
finally drawing to a close. I have been told by our auditors that they have just one small item to
resolve and they are expecting that answer this week. Our next steps upon that determination
include significant updates to our financials and the language within the CAFR. The document
will then go in front of our auditors’ partners for executive review before they approve it to be
presented to Council. We expect this presentation to occur on June 6, 2017.
Attachments:
None
Page 1 of 1
Town CouncilPage 180 of 203Meeting Date: May 23, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-217-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:5/9/2017 In control:Town Council
On agenda:5/23/2017 Final action:
Title:Case O-AMD-17-001 (Tree Houses)
a.Conduct a Public Hearing regarding a request to amend Section 14.02.052, “General
Definitions”, Section 14.02.052 entitled “General Definitions” of Division 2, entitled “Definitions” of
Article 14.02 entitled “Zoning Ordinance” of Chapter 14 entitled, “Zoning” of the Town of Trophy Club
Code of Ordinances to include a definition of “Tree House”; and Amend Subsections (1)(A)(ii), (1)(A)
(v), and (6)(A) of Section 14.02.253 entitled “Accessory Structures and Uses” of Division 5, entitled
“Supplementary District Regulations” of Article 14.02 entitled “Zoning Ordinance” of Chapter 14
entitled, “Zoning” of the Town of Trophy Club Code of Ordinances to incorporate the regulation of
Tree Houses; and Repeal Subsection (3)(A) of Section 14.02.253 entitled “Accessory Structures and
Uses” of Division 5, entitled “Supplementary District Regulations” of Article 14.02 entitled “Zoning
Ordinance” of Chapter 14 entitled, “Zoning” to allow for Tree Houses (Town Council).
b.Consider and take appropriate action regarding a request to amend Section 14.02.052,
“General Definitions”, Section 14.02.052 entitled “General Definitions” of Division 2, entitled
“Definitions” of Article 14.02 entitled “Zoning Ordinance” of Chapter 14 entitled, “Zoning” of the Town
of Trophy Club Code of Ordinances to include a definition of “Tree House”; and Amend Subsections
(1)(A)(ii), (1)(A)(v), and (6)(A) of Section 14.02.253 entitled “Accessory Structures and Uses” of
Division 5, entitled “Supplementary District Regulations” of Article 14.02 entitled “Zoning Ordinance” of
Chapter 14 entitled, “Zoning” of the Town of Trophy Club Code of Ordinances to incorporate the
regulation of Tree Houses; and Repeal Subsection (3)(A) of Section 14.02.253 entitled “Accessory
Structures and Uses” of Division 5, entitled “Supplementary District Regulations” of Article 14.02
entitled “Zoning Ordinance” of Chapter 14 entitled, “Zoning” to allow for Tree Houses (Town Council).
Attachments:Staff Report - Case O-AMD-17-001 Tree Houses.pdf
DateVer.Action ByActionResult
Agenda Item No. 13:
Case O-AMD-17-001 (Tree Houses)
a.ConductaPublicHearingregardingarequesttoamendSection14.02.052,“GeneralDefinitions”,Section
14.02.052entitled“GeneralDefinitions”ofDivision2,entitled“Definitions”ofArticle14.02entitled“ZoningOrdinance”
ofChapter14entitled,“Zoning”oftheTownofTrophyClubCodeofOrdinancestoincludeadefinitionof“Tree
House”;andAmendSubsections(1)(A)(ii),(1)(A)(v),and(6)(A)ofSection14.02.253entitled“AccessoryStructures
andUses”ofDivision5,entitled“SupplementaryDistrictRegulations”ofArticle14.02entitled“ZoningOrdinance”of
Chapter14entitled,“Zoning”oftheTownofTrophyClubCodeofOrdinancestoincorporatetheregulationofTree
Houses;andRepealSubsection(3)(A)ofSection14.02.253entitled“AccessoryStructuresandUses”ofDivision5,
entitled“SupplementaryDistrictRegulations”ofArticle14.02entitled“ZoningOrdinance”ofChapter14entitled,
“Zoning” to allow for Tree Houses (Town Council).
b.ConsiderandtakeappropriateactionregardingarequesttoamendSection14.02.052,“GeneralDefinitions”,
Section14.02.052entitled“GeneralDefinitions”ofDivision2,entitled“Definitions”ofArticle14.02entitled“Zoning
Ordinance”ofChapter14entitled,“Zoning”oftheTownofTrophyClubCodeofOrdinancestoincludeadefinitionof
“TreeHouse”;andAmendSubsections(1)(A)(ii),(1)(A)(v),and(6)(A)ofSection14.02.253entitled“Accessory
StructuresandUses”ofDivision5,entitled“SupplementaryDistrictRegulations”ofArticle14.02entitled“Zoning
Ordinance”ofChapter14entitled,“Zoning”oftheTownofTrophyClubCodeofOrdinancestoincorporatethe
regulationofTreeHouses;andRepealSubsection(3)(A)ofSection14.02.253entitled“AccessoryStructuresand
Uses”ofDivision5,entitled“SupplementaryDistrictRegulations”ofArticle14.02entitled“ZoningOrdinance”of
Chapter 14 entitled, “Zoning” to allow for Tree Houses (Town Council).
Town CouncilPage 181 of 203Meeting Date: May 23, 2017
File #:2017-217-T,Version:1
Town CouncilPage 182 of 203Meeting Date: May 23, 2017
To: Mayor and Town Council
From:Lisa Reich, Town Planner
CC: Thomas M. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Case #O-AMD-17-001 Tree Houses
Town Council Meeting, May 23, 2017
Agenda Item:
Case O-AMD-17-001 (Tree Houses)
a.Conduct a Public Hearing regarding a request to amend Section 14.02.052 entitled “General
Definitions” of Division 2, entitled “Definitions” of Article 14.02 entitled “Zoning Ordinance”
of Chapter 14 entitled, “Zoning” of the Town of Trophy Club Code of Ordinances to include a
definition of “Tree House”; and Amend Subsections (1)(A)(ii), (1)(A)(v), and (6)(A) of Section
14.02.253 entitled “Accessory Structures and Uses” of Division 5, entitled “Supplementary
District Regulations” of Article 14.02 entitled “Zoning Ordinance” of Chapter 14 entitled,
“Zoning” of the Town of Trophy Club Code of Ordinances to incorporate the regulation of
Tree Houses; and Repeal Subsection (3)(A) of Section 14.02.253 entitled “Accessory
Structures and Uses” of Division 5, entitled “Supplementary District Regulations” of Article
14.02 entitled “Zoning Ordinance” of Chapter 14 entitled, “Zoning” to allow for Tree
Houses.
b.Consider and take appropriate action regarding a request to amend Section 14.02.052
entitled “General Definitions” of Division 2, entitled “Definitions” of Article 14.02 entitled
“Zoning Ordinance” of Chapter 14 entitled, “Zoning” of the Town of Trophy Club Code of
Ordinances to include a definition of “Tree House”; and Amend Subsections (1)(A)(ii),
(1)(A)(v), and (6)(A) of Section 14.02.253 entitled “Accessory Structures and Uses” of
Division 5, entitled “Supplementary District Regulations” of Article 14.02 entitled “Zoning
Ordinance” of Chapter 14 entitled, “Zoning” of the Town of Trophy Club Code of Ordinances
to incorporate the regulation of Tree Houses; and Repeal Subsection (3)(A) of Section
14.02.253 entitled “Accessory Structures and Uses” of Division 5, entitled “Supplementary
District Regulations” of Article 14.02 entitled “Zoning Ordinance” of Chapter 14 entitled,
“Zoning” to allow for Tree Houses.
Details:
Staff has received direction from Council to amend the Zoning Ordinance to allow for tree
houses and establish regulations. If the proposed amendments are approved, new tree houses
will be required to conform to the 15’ maximum height restriction and 120 sq. ft. maximum
area restriction, but a building permit will not be issued, as a standard for tree houses does not
Page 1 of 3
Town CouncilPage 183 of 203Meeting Date: May 23, 2017
exist in the International Building Code (IBC). Existing tree houses that do not meet the height
or area restrictions will be considered legal, nonconforming; thus, an existing tree house that is
not enlarged, moved, replaced, or reconstructedmay continue to exist, as maintenance and the
strengthening of the structure for safety reasons is allowed per Sec. 14.02.258 of the Code of
Ordinances, entitled “Nonconforming Uses and Structures”. However, if an existing tree house
is enlarged, moved, replaced, or reconstructed; it will be subject to all regulations regarding
tree houses.
Proposed Amendments:
Currently, the Zoning Ordinance prohibits tree houses as accessory structures. It is proposed to
add a definition for “tree house” in Sec. 14.02.052(a) entitled “General Definitions”, to establish
tree house regulations in Sec. 14.02.253(1)(A)(ii), Sec. 14.02.253(1)(A)(v), and Sec.
14.02.253(6)(A), all entitled “Permitted Accessory Structures”, and to repeal Sec.
14.02.253(3)(A) entitled “Prohibited Structures”. The proposed language is divided into three
segments below.
“Section 14.02.052 General Definitions
(a)The following words, when used in this ordinance, shall have the
meanings respectively ascribed to them in this section, unless such
definition would be inconsistent with the manifest intent of the
planning and zoning commission and the town council or where the
context of this ordinance clearly indicates otherwise:
…
Tree House. A detached accessory structure that is supported by (1)
one or moretrees, (2) a combination of trees and ground support
elements, or (3) ground supports and surround a tree; is used for
recreation; and is not considered to be a habitable residence.
…”
“Section 14.02.253 Accessory Structures and Uses
…
(1)All residentially zoned districts shall be subject to the following
regulations.
(A)Permitted Accessory Structures
…
(ii) The following structures and uses shall be allowed as
accessory to the principal structure provided that none shall
be a source of income to the owner or user of the principal
single-family dwelling:
…
(j) Tree Houses/Playhouses – shall not exceed one
hundred twenty (120) square feet of floor area and no
person shall supply a tree house/playhouse with
permanent electricity and/or water.
Page 2 of 3
Town CouncilPage 184 of 203Meeting Date: May 23, 2017
…
(v) Height Requirements/Screening Requirements
…
(d) Maximum Height: Tree houses and playhouses, as
accessory structures, are permitted up to 15 feet in height
from adjacent grade to the highest point of the roof.
…
(6) Design criteria. All accessory structures shall conform to the following
design criteria:
(A)The exterior surfaces of all accessory structures shall be
consistent with the regulations as specified by the applicable
zoning district. However, accessory structures that are normally
constructed in such a manner that masonry exterior surfaces are
neither practical nor appropriate are excluded from the masonry
requirements, including but not be limited to gym sets,
playhouses, greenhouses, pergolas, arbors, outdoor kitchens, and
tree houses.
…”
“Section 14.02.253 Accessory Structures and Uses
…
(3) Prohibited structures. The following structures shall be prohibited:
(A)Metal, vinyl, or similar material structures unless otherwise
provided herein.
(B)Temporary structures on skids.
…”
Planning & Zoning Commission Recommendation:
The Planning & Zoning Commission (P&Z) considered this request on May 4, 2017, and the
required public hearing was opened and closed without public comment. There was a lot of
discussion over this topic, but some of the main concerns included increasing the setback,
reducing the allowed size, the possibility of habitation or home office, the ability to require
permits for the structure or for the trade work, the capability of trees to hold the extra weight,
and the possibility of receiving a variance from the Zoning Board of Adjustment (ZBA). A motion
was made to table this item to give staff time to consider the Commission’s discussion and
return with more specific guidelines to address the issues that were deliberated. The motion
passed unanimously.
Due to the published public hearing notice, Town Council is required to open and close a public
hearing for public comment, as well. As a result of P&Z’s tabling of the item, Council may hold a
discussion, but a motion may not be made.
Page 3 of 3
Town CouncilPage 185 of 203Meeting Date: May 23, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-180-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:4/25/2017 In control:Town Council
On agenda:5/9/2017 Final action:
Title:Consider and take appropriate action regarding the budget reallocations from the construction
contingency funds for the new Trophy Club Town Hall facility; discussion of same (Mayor Sanders).
Attachments:Staff Report - Town Hall.pdf
TC Owner Budget Reallocation No. 8_PKG.pdf
DateVer.Action ByActionResult
Agenda Item No. 14:
Considerandtakeappropriateactionregardingthebudgetreallocationsfromtheconstructioncontingencyfundsforthe
new Trophy Club Town Hall facility; discussion of same (Mayor Sanders).
Town CouncilPage 186 of 203Meeting Date: May 23, 2017
To: Mayor and Town Council
From:Thomas M. Class Sr., Town Manager
CC: Holly Fimbres, Town Secretary/RMO
Amber Karkauskas, Director of Finance
John Zagurski, Budget Manager
Re:Town HallConstruction Contingency
Town Council Meeting, May 23, 2017
Agenda Item:
Consider and take appropriate action regarding the budget reallocations from the construction
contingency funds for the new Trophy Club Town Hall facility; discussion of same (Mayor
Sanders).
Explanation:
On April 25, 2017 Town Staff was tasked to review and evaluate all past reallocations from the
Town Hall construction contingencyfund to identify potential cost savings. The review was
completed, and to date the Town Manager has negotiated three individual credits totaling
$14,802.13 back to the contingency fund. The current contingency fund balance is now
$84,614.38.
Also on April 25, 2017 the Town Council authorized staff to utilize $33,397.66 of contingency
funds for town Hall landscaping. Following asecondary review of the private contractor
landscaping plan it was determined that no contingency funds will be expended to complete
Town Hall landscaping. The landscaping project, estimated to cost $12,000, will be complete by
Parks Department personnel utilizing available operating funds. In addition, Tree City funding
was identified and will be utilized to further offset the cost of landscaping Town Hall.
Staff continues to review and evaluate previous uses of contingency fund, which may result in
further savings.
Attachments:
Budget Reallocation #008
Recommendation:
Staff recommends approval of Budget Reallocation #008.
Page 1 of 1
Town CouncilPage 187 of 203Meeting Date: May 23, 2017
Town CouncilPage 188 of 203Meeting Date: May 23, 2017
Town CouncilPage 189 of 203Meeting Date: May 23, 2017
Town CouncilPage 190 of 203Meeting Date: May 23, 2017
Town CouncilPage 191 of 203Meeting Date: May 23, 2017
·
·
·
·
·
·
·
·
·
·
·
Town CouncilPage 192 of 203Meeting Date: May 23, 2017
Town CouncilPage 193 of 203Meeting Date: May 23, 2017
Town CouncilPage 194 of 203Meeting Date: May 23, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-178-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:4/25/2017 In control:Town Council
On agenda:5/9/2017 Final action:
Title:Consider and take appropriate action regarding the Council Chambers; Public Art and
Decorations/Furnishings for the Foyer and/or Council Chambers; a Building Dedication Plaque; and
funding sources for the new Trophy Club Town Hall facility; discussion of same (Mayor Sanders,
Mayor Pro Tem Lamont, and Council Member Shoffner).
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 15:
ConsiderandtakeappropriateactionregardingtheCouncilChambers;PublicArtandDecorations/Furnishingsforthe
Foyerand/orCouncilChambers;aBuildingDedicationPlaque;andfundingsourcesforthenewTrophyClubTownHall
facility; discussion of same (Mayor Sanders, Mayor Pro Tem Lamont, and Council Member Shoffner).
Town CouncilPage 195 of 203Meeting Date: May 23, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-183-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:4/25/2017 In control:Town Council
On agenda:5/23/2017 Final action:
Title:Tabled Agenda Item: Consider and take appropriate action regarding proposed Town Council meeting
dates in July 2017; discussion of same (Staff).
Attachments:Staff Report - July Council Meetings.pdf
DateVer.Action ByActionResult
Agenda Item No. 16:
TabledAgendaItem:ConsiderandtakeappropriateactionregardingproposedTownCouncilmeetingdatesinJuly
2017; discussion of same (Staff).
Town CouncilPage 196 of 203Meeting Date: May 23, 2017
To: Mayor and Town Council
From:Holly Fimbres, Town Secretary/RMO
CC: Thomas M. Class, Sr., Town Manager
Re: July 2017 Town Council Meetings
Town Council Meeting, May 23, 2017
Agenda Item:
Tabled Agenda Item: Consider and take appropriate action regarding proposed Town Council
meeting dates in July 2017; discussion of same (Staff).
Explanation:
Current dates of Town Council meetings scheduled in July are Tuesday, July 11th, and Tuesday
July 25th. In some years, July has been a month were only one Council meeting has been held.
The purpose of this agenda item is for Council to take action to have one or two Council
meetings in July and if one meeting is chosen, the date of that meeting.
Recommendation:
Staff proposes one July Council meeting on either Tuesday, July 11th, or Tuesday, July 25th.
Page 1 of 1
Town CouncilPage 197 of 203Meeting Date: May 23, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-218-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:5/9/2017 In control:Town Council
On agenda:5/23/2017 Final action:
Title:Discussion of items for Future Agendas to include agenda items for consideration on the June 13,
2017 Council agenda and items from the Town Council Future Agenda Items list, to include
discussion of the below item (Staff):
A)Item No. 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 and the maintenance building by the
Wastewater Treatment Plant. (Lamont 11/10/2015) (1-February 9, 2016) (2-May 10, 2016) (3-
August 9, 2016) (4-November 8, 2016) (5-February 14, 2017) (6-May 23, 2017)
Attachments:June 13, 2017 Upcoming Agenda.pdf
Items for Future Agendas updated 05-01-2017.pdf
DateVer.Action ByActionResult
Agenda Item No. 17:
DiscussionofitemsforFutureAgendastoincludeagendaitemsforconsiderationontheJune13,2017Councilagenda
and items from the Town Council Future Agenda Items list, to include discussion of the below item (Staff):
A)ItemNo.1-ReviewnegotiatingwiththeTrophyClubMunicipalUtilityDistrictNo.1totransferthetitlefortheland
thattheAnnexBuildingisbuiltonandthemaintenancebuildingbytheWastewaterTreatmentPlant.(Lamont
11/10/2015)(1-February9,2016)(2-May10,2016)(3-August9,2016)(4-November8,2016)(5-February14,2017)
(6-May 23, 2017)
Town CouncilPage 198 of 203Meeting Date: May 23, 2017
Meeting Date: JUNE 13, 2017
Announcements & Reports
No.
Receive Town Manager Class' update regarding the following, discussion and
Town Mgr
1
provide input regarding same (Staff):
*2017 Fire Camp
Receive Town Council Liaison Updates; discussion of same (Staff):
2Town Sec
STAFF
No. ConsentRESORDPROCFile IDDept
RPT
ConsiderandtakeappropriateactionregardingtheTownCouncilRegularSession
3Town Sec
Minutes dated May 9, 2017 (Staff).
ConsiderandtakeappropriateactionregardingtheTownCouncilSpecialSession
4Town Sec
Minutes dated May 17, 2017 (Staff).
STAFF
No. Regular SessionRESORDPROCFile IDDept
RPT
Recognition of good Samaritans who assisted a Town resident during an apartment
5Fire
fire (Mayor Sanders).
Receive a report from the Northwest Metroport Chamber of Commerce; discussion
6Town Mgr
of same (Staff).
Badge pinning ceremony for newly hired Police Officers and Firefighters (Staff).
72017-212-TTown Mgr
Consider and take appropriate action regarding the award or rejection of bids for
the Trophy Club Park Repairs; and authorizing the Mayor or his designee to
8Parks
execute all necessary documents (Staff).
Receive the Mayor's State of the Town Address; discussion of same (Staff).
9Town Sec
Receive an update from Staff regarding the upcoming July 4th Celebration;
10PIO
discussion of same (Staff).
Consider and take appropriate action regarding General Fund Revenue items
11Finance
(Staff).
Consider and take appropriate action regarding the acceptance of the Popular
122017-215-TFinance
Annual Financial Report (PAFR) (Staff).
Consider and take appropriate action regarding compensation for Fiscal Year 2018
13Finance
(Staff).
Consider and take appropriate action regarding appointing three (3) Council
Members to a Council Subcommittee formed for the purpose of providing fiduciary
14Town Sec
oversight of the budget, as well as providing input regarding the administration of
the budget and the budget process (Staff).
ConsiderandtakeappropriateactionregardingappointingtheMayorandtwo(2)
15Town Sec
Council Members to the Town Council Appointments Committee (Staff).
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 June 27, 2017 Council agendas and items from the Town Council Future
16Town Sec
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
17Town Sec
executive session to discuss the following:
STAFF
No. Regular SessionRESORDPROCFile IDDept
RPT
Town CouncilPage 199 of 203Meeting Date: May 23, 2017
Consider and take appropriate action regarding the Executive Session.
18Town Sec
Town Council Future Agenda Items List
(Updated 5/1/2017)
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 and the maintenance building by the
Wastewater Treatment Plant. (Lamont 11/10/2015) (1-February 9, 2016)(2-May 10, 2016)
(3-August 9, 2016) (4-November 8, 2016) (5-February 14, 2017) (6-May 23, 2017)
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.
11/8/2016 – Council consensus was to leave this item on the Future Agenda Items list.
2/20/2017 – Council moved this item to be discussed during the February 25, 2017 Council
Retreat.
3/28/2017 – Mayor Sanders added the maintenance building by the Wastewater Treatment
Plant to this item.
2. 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) (3-December
13, 2016) (4-March 14, 2017) (5-June 27, 2017)
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.
12/13/2016 – Council consensus was to leave this item on the Future Agenda Items list.
3/28/2017 – Mayor Sanders advised that he wanted to pursue moving forward with this
item because this grant greatly assisted with the beautification of Davis Boulevard through
the Town of Westlake.
3. Staff to review land that: (A) The Town owns for the possibilityof residents to acquire the
land; and (B) Is maintained by the Town but not owned. (Lamont 3/28/2017) (1-June 27,
2017)
4. Review the Interlocal Agreementbetween the City of Roanoke, the Town of Westlake,
and the Town of Trophy Club. (Sanders 3/28/2017) (1-June 27, 2017)
5. Staff research the impact and have a contingency plan for the Town should the Trophy
Club Municipal Utility District No. 1 Bond Election fail on May 6, 2017. (Shoffner
4/11/2017) (1-July 11, 2017)
Page 1 of 1
Town CouncilPage 200 of 203Meeting Date: May 23, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-219-T Version:1 Name:
Type:Agenda Item Status:Executive Session
File created:5/9/2017 In control:Town Council
On agenda:5/23/2017 Final action:
Title:Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act), the Council will convene into executive session to discuss the following:
A)Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline or dismissal of a public officer or employee:
Mayor Pro Tem
B)Section 551.071 Consultation with Attorney under Subsection (2) to consult with the Town
Attorney 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 conflicts with the Texas
Open Meetings Act:
Enforcement of Ordinances
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 18:
PursuanttothefollowingdesignatedsectionoftheTexasGovernmentCode,Annotated,Chapter551(TexasOpen
Meetings Act), the Council will convene into executive session to discuss the following:
A)Section551.074PersonnelMatterstodeliberatetheappointment,employment,evaluation,reassignment,duties,
discipline or dismissal of a public officer or employee:
Mayor Pro Tem
B)Section551.071ConsultationwithAttorneyunderSubsection(2)toconsultwiththeTownAttorneyonamatterin
whichthedutyoftheattorneytothegovernmentalbodyundertheTexasDisciplinaryRulesofProfessionalConduct
of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act:
Enforcement of Ordinances
Town CouncilPage 201 of 203Meeting Date: May 23, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-220-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:5/9/2017 In control:Town Council
On agenda:5/23/2017 Final action:
Title:Consider and take appropriate action regarding the appointment of the Mayor Pro Tem; discussion of
same (Staff).
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 19:
Consider and take appropriate action regarding the appointment of the Mayor Pro Tem; discussion of same (Staff).
Town CouncilPage 202 of 203Meeting Date: May 23, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-221-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:5/9/2017 In control:Town Council
On agenda:5/23/2017 Final action:
Title:Consider and take appropriate action regarding the Executive Session.
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 20:
Consider and take appropriate action regarding the Executive Session.
Town CouncilPage 203 of 203Meeting Date: May 23, 2017