Loading...
Agenda Packet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own CouncilPage 1 of 103Meeting Date: May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own CouncilPage 2 of 103Meeting Date: May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`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a%?&=+4>?#4$!44#-"-:4&@+W ><?>L>>UL X &/U277G&)I4&"?8+$)+&=#-";-&)?>0-!"$#'@+@1+),#::&"/ X &/Y277,0 a(R-A>0-!"$#'@+@1+)8-4+ ?MK ,-9" &"&B+)C'/+Z4!%?&=+)+B&)?#"B=.+:-''-9#"B>?#4$!44#-"-:4&@+W ><?>L>O<L X0.&"B+J)?+) X()-!B.=8+4=)#$=#-"4 XO&=+),-9+) XJ88V-!)'/8+%-)= X,)&"4%-)=&=#-"  !"#$%& J88D$=#*#=/8+%-)=X<b77A%?: ?NK &/-)&"?0-!"$#'a%?&=+4)+B&)?#"B=)&#"#"B-%%-)=!"#=#+42+?!$&=#-"&'4+44#-"42&"? ><?>L>O?L )+B#-"&'@++=#"B4>?#4$!44#-"-:4&@+W X &/T277R-)=.9+4=0-@@!"#=#+4G&)="+)4.#% ++=#"B X &/5277 +=)-%-)=0#=#+4G&)="+)4.#% ?UK H=+@4:-)<!=!)+DB+"?&4A ><?>L>O>L  !"#$%& <!=!)+DB+"?&H=+@4L#4=A%?: -V-#EJQ-"6-66JAD Town CouncilPage 3 of 103Meeting Date: May 21, 2012  !"#$!%&'1//.&!2"32/!4515+">?"><?> ><K 0-!"$#'=-$-"*+"+#"=-+3+$!=#*+4+44#-"=-?#4$!44-)?+'#1+)&=+=.+&%%-#"=@+"=2 ><?>L>OOL +@%'-/@+"=2+*&'!&=#-"2)+&44#B"@+"=2?!=#+42?#4$#%'#"+-)?#4@#44&'-:&%!1'#$-::#$+) -)+@%'-/++%!)4!&"==-C+$=#-"YYA5FN&PNP-:=.+,+3&4J%+" ++=#"B4D$= G+)4-""+' &==+)4Nc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own CouncilPage 4 of 103Meeting Date: May 21, 2012 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2012-240-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/16/2012 In control:Town Council On agenda:5/21/2012 Final action: Title:Discussion of proposed agenda items for the June 4, 2012 Regular Session Agenda. Attachments:June 4, 2012 Proposed Agenda Items.pdf DateVer.Action ByActionResult TITLE Discussion of proposed agenda items for the June 4, 2012 Regular Session Agenda. Town CouncilPage 5 of 103Meeting Date: May 21, 2012 Meeting Date Have ItemFile IDDept 6/4/2012ARF? Workshop Discussion of agenda items posted for consideration on the Regular Town Sec Session Council Agenda for June 4, 2012. Discussion of proposed agenda items for the June 18, 2012 Regular Town Sec Session Agenda. Consider and take appropriate action regarding the Minutes dated May Town Sec Consent 21, 2012. Public Hearing Award Recognition for Fire DepartmentFire/EMS Regular Session BEFORE PLATS - Parkland Dedication Lots 16,17, and 18; fee simple CD transfer Consider and take appropriate action regarding approval of a Final Plat 2011-637-TCD YES for Waters Edge at Hogan’s Glen, Phase 2B-2, consisting of 6 residential lots and 2 common area lots for a total of 3.913 acres, located in Planned Development No. 22. A. Subdivider's Agreement - Consider and take appropriate action regarding a Subdivider's Agreement between the Town and BDMR Development, LLC for Waters Edge at Hogan's Glen, Phase 2B-2. Consider and take appropriate action to approve a Final Plat for 2011-652-TCD YES Canterbury Hills, Phase 1A (11.165 acres) located out of the M. Medlin Survey, Abstract No. 832 in the Town of Trophy Club, Denton County, Texas. A. Subdivider's Agreement between the Town and BDMR Development, LLC for Canterbury Hills, Phase 1A. Consider and take appropriate action regarding a Resolution 2012-227-TTownsec nominating a new primary and alternate representative to the Regional Transportation Committee or chose to keep the current Primary representative, Rudy Durham, Deputy Mayor Pro Tem, City of Lewisville and Alternate, Allen Harris, Council member, City of The Colony. Town Sec Town Council Liaison Updates; discussion of same: Scheduled by meetings Town Manager Slye's update regarding the following; discussion of Town Sec same. - Transportation Mayor and Council Updates regarding training opportunities, Town Sec educational sessions, and regional meetings; discussion of same. Items for Future Agendas. Executive Session Consider and take appropriate action regarding the Executive Session.Town Sec Town CouncilPage 6 of 103Meeting Date: May 21, 2012 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2012-220-T Version:1 Name: Type:Agenda Item Status:Consent Agenda File created:5/14/2012 In control:Town Council On agenda:5/21/2012 Final action: Title:Consider and take appropriate action regarding the Minutes dated May 7, 2012. Attachments:May 7 2012 Minutes.pdf DateVer.Action ByActionResult TITLE Consider and take appropriate action regarding the Minutes dated May 7, 2012. Town CouncilPage 7 of 103Meeting Date: May 21, 2012 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, May 7, 2012 at 7:30 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, May 7, 2012. 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: Connie White Mayor Larry Hoover Mayor Pro Tem Margi Cantrell Council Member Bill Rose Council Member Glenn Strother Council Member Jeannette Tiffany Council Member STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Shannon DePrater Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Michael Aguilera Chief Budget Analyst Adam Adams Parks and Recreation Director April Reiling PIO/Marketing Manager Mayor White announced the date of May 7, 2012, called the meeting to order and announced a quorum at 7:30 p.m. The Invocation was offered by Council member Strother. The Pledges were led by Council member Cantrell. 1. Recognition of Employee of the Quarter; discussion of same. Town Manager Slye introduced Police Officer Keith Burris as the Employee of the Quarter. 2. Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club, Texas, to recognize Margi Cantrell for her service to the Town of Trophy Club. Motion made by Council member Rose, seconded by Council member Tiffany, to approve Resolution No. 2012-11 recognizing Margi Cantrell for her service to the Town of Trophy Club. Motion carried unanimously. Town CouncilPage 8 of 103Meeting Date: May 21, 2012 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 three (3) 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. No citizen presentations were made. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 3.Consider and take appropriate action regarding the Minutes dated April 16, 2012. 4. Consider and take appropriate action regarding an Ordinance of the Town amending Article XV, entitled "Special Events" of Chapter 10, entitled "Public Safety" and amending Article IV, entitled "Sign Regulations" of Chapter 5, entitled "General Land Use" of the Code of Ordinances of the Town, regulating special events and related signage within the Town; providing a penalty; providing for publication; and providing an effective date. 5. Consider and take appropriate action regarding an Ordinance of the Town amending Section 2.02 "Speed Of Vehicles" of Article II "Traffic & Vehicles" of Chapter 10 "Public Safety" of the Code of Ordinances by adding Subparagraph D "Temporary Construction or Maintenance Zones" for the purpose of enforcing speeding violations; providing for a penalty; providing for publication, and providing an effective date. Motion made by Mayor Pro Tem Hoover, seconded by Council member Strother, to approve the Consent Agenda Items as presented. Motion carried unanimously. PROCLAMATIONS 6. Consider and take appropriate action regarding a Proclamation declaring May 13-19, 2012 as National Police Week. Motion made by Council member Cantrell, seconded by Council member Strother, to approve Proclamation No. 2012-07 declaring May 13-19, 2012 as National Police Week as presented. Motion carried unanimously. 7.Consider and take appropriate action regarding a Proclamation declaring May 20-26, 2012 as National EMS Week 2012 with May 23, 2012 set aside as Emergency Medical Services for Children (EMSC) Day. Motion made by Council member Rose, seconded by Mayor Pro Tem Hoover, to approve Proclamation No. 2012-08 declaring May 20-26, 2012 as National EMS Week 2012 with May 23, 2012 set aside as Emergency Medical Services for Children (EMSC) Day as presented. Motion carried unanimously. Town CouncilPage 9 of 103Meeting Date: May 21, 2012 8. Consider and take appropriate action regarding a Proclamation declaring May 20-26, 2012 as National Public Works Week. Motion made by Council member Tiffany, seconded by Council member Rose, to approve Proclamation No. 2012-09 declaring May 20-26, 2012 as National Public Works Week as presented. Motion carried unanimously. REGULAR SESSION 9. Presentation of a mid-year report for 2011-2012 fiscal year through March 2012; approval of financial and variance report dated March 2012; discussion of same. Financial Analyst Michael Aguilera presented a mid-year report to Council and addressed questions. Discussion only, no action taken. 10.Consider and take appropriate action regarding a Resolution repealing Resolution No. 2008-02 and Resolution No. 2011-19 and adopting a new Resolution approving the Handbook for Elected and Appointed Officials; and providing an effective date. Motion made by Council member Rose, seconded by Council member Tiffany, to approve Resolution No. 2012-08 repealing Resolution No. 2008-02 and Resolution No. 2011-19 and adopting a new Resolution approving the Handbook for Elected and Appointed Officials; and providing an effective date. Motion carried unanimously. 11. Consider and take appropriate action regarding a Facility Use Agreement between the Trophy Club Roanoke Baseball Association and the Town of Trophy Club; and authorizing the Mayor or her designee to execute all necessary documents. Chuck Hall, 19 Lakeview Drive, addressed the Council and asked for their support of the Facility Use Agreement brought before them. Motion made by Council member Rose, seconded by Mayor Pro Tem Hoover, to approve a Facility Use Agreement between the Trophy Club Roanoke Baseball Association and the Town of Trophy Club; and authorizing the Mayor or her designee to execute all necessary documents as amended as set forth by Town Attorney Adams. Motion carried unanimously. 12.Town Council Liaison Updates; discussion of same: - April 17, 2012 EDC 4A; Council member Cantrell - May 2, 2012 MUD1; Council member Rose Council members Cantrell and Rose updated the Council regarding the respective meetings and addressed questions. No action taken, update only. Town CouncilPage 10 of 103Meeting Date: May 21, 2012 13. Town Manager Slye's update regarding the following; discussion of same. - Transportation - Gas Wells - Vision Trophy Club Committee - Arbor Day/ Community Clean Up - CPR Training - NLC-RISC Conference - May 9 - 12 - May 2012 Elections Town Manager Slye updated the Council and addressed questions. No action taken, update only. 14. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - April 17-18 Region 1 Disaster Response Workshop - April 19 - Metroport Communities Partnership - April 19 - Emergency Preparedness Planning Council - April 20 - Community Storehouse Advisory Council - April 27 - Neighbor Helping Neighbor - April 28 - Church of Jesus Christ of Latter-day Saints Groundbreaking - May 1 - Chamber Luncheon - May 3 - National Day of Prayer - May 3 - Mayor’s Roundtable - May 4 - Metroport 20 Years of Partnership Celebration The Mayor and Council members gave a brief update of the meetings they attended since the last Council meeting. No action taken, update only. 15. Items for Future Agendas. 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. 1.Consider and take appropriateaction regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 2.Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 3.Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 4.Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) 5.Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) 6.Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011) 7.Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011) 8.Consider and take appropriate action regarding splash pad options at Harmony Park, including input/direction from Council to Staff to start construction and have available next summer. (Strother, 8/1/2011) 9. Consider and take appropriate action regarding the possibility of erecting a marquee at the North entrance of the Town and asking the MUD and/or developers to help with the funding. (Cantrell, 11/14/2011) Town CouncilPage 11 of 103Meeting Date: May 21, 2012 Council member Cantrell asked that “Consider and take appropriate action regarding Food Prep Carts for sporting events and special events” be placed on the list. Town Manager Slye asked that this item be expanded to include reviewing/updating Park Policies. ADJOURN Motion made by Council member Cantrell, seconded by Council member Rose to adjourn. Motion carried unanimously. Meeting adjourned at 9:35 p.m. ___________________________________ ___________________________________ Shannon DePrater, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town CouncilPage 12 of 103Meeting Date: May 21, 2012 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2012-238-T Version:1 Name: Type:Agenda Item Status:Consent Agenda File created:5/16/2012 In control:Town Council On agenda:5/21/2012 Final action: Title:Consider and take appropriate action regarding approval of Change Order #1 for the Trophy Club Drive and Trophy Lake Drive Roundabout Project. Attachments:Change Order 1 (WL).pdf Change Order Email.pdf DateVer.Action ByActionResult TITLE Consider and take appropriate action regarding approval of Change Order #1 for the Trophy Club Drive and Trophy Lake Drive Roundabout Project. EXPLANATION: th MUD Board approved funding this change order at their meeting May 15. This is a continuation of the water line replacement that will include an additional 152’ of 12” water line and replacing a 6” that crosses TC Drive and services an existing fire hydrant near the Country Club tennis courts. Town will invoice MUD for the change order amount ($35,195.50). TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Recommend approval. Town CouncilPage 13 of 103Meeting Date: May 21, 2012 CHANGE ORDER NO. 1 Date:May 10, 2012 Paving, Drainage, Water & Sewer Improvements for New Roundabout at Trophy Club Drive and Trophy Lake Drive Project: Owner:Town of Trophy Club Contractor:CPS Civil 1215 Crest Lane Drive Duncanville, Texas 75137 Description of Change in Work Quantities: Water & Sewer Improvemnts: Addition of 12" WL, 6" WL & AC Water Line Grout and Abandonment ADDITIONS UNIT COST OriginalNet Increase Increase in Contract ITEM NO.DESCRIPTION OF ITEMSUNITBIDQuantityQuantity/CostAmount UNIT A - PAVING IMPROVEMENTS A-3Remove Existing Concrete FlatworkSY$10.004777.00$70.00 A-134" Concrete SidewalksSF$3.004,98760$180.00 UNIT C - WATER & SEWER IMPROVEMENTS C-212" PVC (C-900, DR 18) Water Line PipeLF$60.00362162$9,720.00 C-9Ductile Iron Fitting w/ Conc. BlockingTN$9,000.0040.66$5,940.00 C-11Trench Safety for Water LinesLF$3.00743213$639.00 C-21*6" PVC (C-900, DR 18) Water Line PipeLF$45.00081$3,645.00 C-22*6" Gate Valve with Cast Iron Valve Box and PadEA$975.0001$975.00 C-23*Connect to Existing 6" AC Water LineEA$750.0001$750.00 C-24*Connect to Existing 12" PVC Water LineEA$1,000.0001$1,000.00 C-25*Grout & Abandon Existing 6" AC Water LineLF$3.50089$311.50 C-26*Grout & Abandon Existing 18" AC Water LineLF$15.000161$2,415.00 C-27*Grout & Abandon Existing AC Water Line (18" in lieu of 12")LF$8.500182$1,547.00 C-28*2" Service Tap & ConnectionEA$1,000.0001$1,000.00 C-29*12" Steel Casing Pipe (Bore)LF$115.00030$3,450.00 C-30*12" Steel Casing Pipe (Open Cut)LF$45.00037$1,665.00 C-31*Shore and Protect Existing 18" AC Water LineLF$24.000162$3,888.00 *Indicates new pay item not in original contractTotal:$37,195.50 DELETIONS UNIT COST OriginalNet Increase Decrease in Contract ITEM NO.DESCRIPTION OF ITEMSUNITBIDQuantityQuantity/CostAmount C-10Connect to Existing AC Water LineEA$2,000.0031($2,000.00) Total:($2,000.00) ADJUSTMENTS IN CONTRACT PRICE Original Contract Amount$1,815,090.35 Adjustments to Contract Amount by previous Change Orders$0.00 Total Adjustments per Change Order Number 1$35,195.50 REVISED CONTRACT AMOUNT$1,850,285.85 ADJUSTMENTS IN CONTRACT TIME Original Contract Time250 calendar days Adjustments to Contract Amount by previous Change Orders0 calendar days Total Adjustments per Change Order Number 114 calendar days REVISED CONTRACT TIME264 calendar days Recommended by Engineer: Date: Teague Nall and Perkins, Inc. Agreed by Contractor: Date: CPS Civil Accepted by Owner: Date: Town of Trophy Club Change Order No. 1 Page 1 of 1 Town CouncilPage 14 of 103Meeting Date: May 21, 2012 Shannon DePrater From:Mike Slye Sent:Wednesday, May 16, 2012 11:30 AM To:Shannon DePrater Subject:FW: Change Order Include this email in the change order backup. MTS From: Jennifer McKnight Sent: Wednesday, May 16, 2012 11:09 AM To: Mike Slye Cc: Tom Rutledge; Renae Gonzales Subject: FW: Change Order Mike: I just noticed I was looking at the wrong cost on the change order that was approved last night for the roundabout. The th actual amount approved was that indicated on the change order dated May 10 in the amount of $35,195.50. Please send invoice for that amount and I apologize for the confusion! Jennifer From: Jennifer McKnight Sent: Wednesday, May 16, 2012 10:06 AM To: Mike Slye Cc: Tom Rutledge; Renae Gonzales Subject: Change Order Mike: At their meeting last night, the Board approved funding of ĭŷğƓŭĻ ƚƩķĻƩ ϔЊ ŅƚƩ ƷŷĻ ƚǞƓ͸ƭ ƩƚǒƓķğĬƚǒƷ ƦƩƚƆĻĭƷ źƓ ƷŷĻ amount of $31,307.50. Please submit an invoice to the MUD for payment. Thanks and please let me know if you have questions. Jennifer McKnight District Manager Trophy Club MUD 1 100 Municipal Dr. Trophy Club, TX 76262 Office: (682) 831-4610 ATTENTION PUBLIC OFFICIALS Please note that any correspondence, such as e-mail or letters, sent to District staff or District officials may become a public record and made available for Public/media review. Also, a “Reply to All” of this e-mail could lead to violations of the Texas Open Meetings Act. Please reply only to the sender. 1 Town CouncilPage 15 of 103Meeting Date: May 21, 2012 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2012-196-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:4/27/2012 In control:Town Council On agenda:5/21/2012 Final action: Title:Consider and take appropriate action regarding a Final Plat for Neighborhood 6, Phase 3B, 98 residential lots, 1 open space, 37.114 acres, located in The Highlands at Trophy Club. Applicant: Peloton Land Solutions on behalf of High Trophy Development, LLC (FP-11-045) A. Consider and take appropriate action regarding a Subdivider's Agreement between the Town and High Trophy Development, LLC for Neighborhood 6, Phase 3B, and authorizing the Mayor or her designee to execute necessary documents. Attachments:Staff Report - TC 052112.pdf Parkland Exhibit 5 16 12.pdf Application.pdf Subdivider's Agreement - NH 6 Ph 3B.pdf Attachment A.pdf DateVer.Action ByActionResult 5/3/20121Planning & Zoning Commission TITLE Consider and take appropriate action regarding a Final Plat for Neighborhood 6, Phase 3B, 98 residential lots, 1 open space, 37.114 acres, located in The Highlands at Trophy Club. Applicant: Peloton Land Solutions on behalf of High Trophy Development, LLC (FP-11-045) A. Consider and take appropriate action regarding a Subdivider's Agreement between the Town and High Trophy Development, LLC for Neighborhood 6, Phase 3B, and authorizing the Mayor or her designee to execute necessary documents. EXPLANATION: This request is for approval of a final plat of Neighborhood 6, Phase 3B, which is part of The Highlands at Trophy Club neighborhoods. This plat consists of 98 residential lots and 1 open space lot located on the south/west side of Trophy Club Drive between York Street and the dead end of Trophy Club Drive. TOWN COUNCIL GOAL(S): Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: The plat has been reviewed for compliance with Town regulations. Staff recommends approval. The Planning and Zoning Commission heard this request on May 3, 2012 and recommended approval. Town CouncilPage 16 of 103Meeting Date: May 21, 2012 TOWN COUNCIL STAFF REPORT May 21,2012 Case No. FP-11-045 FinalPlat Lots21-38, Block CC; Lots 1-22, Block EE; Lots 1-23, Block FF; Lots 1-16, Block GG; Lots 1-19, Block HH; and Open Space Lot 19X, Block HH The Highlands at Trophy Club Neighborhood 6, Phase 3B SUBJECTConsider and take appropriate action for a request for : approval ofa Final Plat for Neighborhood 6, Phase 3B, 98 residential lots, 1 open space, 37.114acres,located in The Highlands at Trophy Club. Applicant: Peloton Land Solutions on behalf of High Trophy Development, LLC A. Consider and take appropriate action regarding a Subdivider's Agreement between the Town and High Trophy Development, LLC for Neighborhood 6, Phase 3B, and authorizing the Mayor or her designee to execute necessary documents. Town CouncilPage 17 of 103Meeting Date: May 21, 2012 LOCATION: This property is located on the west side of Trophy Club Drive, south of York Street. ZONING: Planned Development District No. 27. Thirty-one (31) residential lots are Type one (1) lots, and sixty-seven (67) residential lots are Type 2 lots. All appear to meet the minimum development standards for each Lot Type. Lot Type 1 Development Standards Minimum Lot Size: 12,000 square feet Front Yard: 25-ft. Rear Yard: 25-ft. Side Yard: 10-ft. Side Yard Adjacent to Street: 20-ft. Minimum Lot Depth: 120-ft. Minimum Lot Width: 90-ft. measured at Front Build Line Minimum Lot Width adjacent to street: 100-ft. measured at Front Build Line Minimum House Size: 2,000 sq. ft. Town CouncilPage 18 of 103Meeting Date: May 21, 2012 Lot Type 2 Development Standards Minimum Lot Size: 10,000 sq. ft. (11,000 sq. ft. adjacent to golf course) Front Yard: 25-ft. Rear Yard: 25-ft. (non-golf course lot) 35-ft. (golf course) Side Yard 7.5-ft. (non golf course lot) 10-ft. (golf course) 15-ft. (adjacent to street) Minimum Lot Width: 80-ft. measured at the front building line 90-ft. adjacent to side street, measured at the front building line Minimum Lot Depth: 110-ft 100-ft corner or cul-de-sac lot. Minimum House Size: 2,000 sq. ft. HISTORY: This property is currently vacant. A preliminary plat was approved for The Highlands at Trophy Club Neighborhood 6 on December 18, 2006. The zoning of PD-27 was approved by the Town Council on May 8, 2006, Ordinance No. 2006-11 P&Z, and amended and replaced in its entirety on April 2, 2007, by Ordinance No. 2007-15 P&Z, and has had several amendments since thattime. EASEMENTS: Three (3) easements, by separate instrument, will be filed with this plat. (1) At the corner of Mona Vale Road and Kent Street, the sidewalk will encroach onto Gas Well Site 7H, owned by Beck Properties Trophy Club, L.P. Mr. Beck has agreed to grant an easement (000.5 acres, 10.6-ft.) to allow the sidewalk to encroach onto his property. (2) At the east cul-de-sac end of Marrickville Drive, a sanitary sewer easement is necessary for connection to an existing manhole on Town owned property to the east of this neighborhood. The Municipal Utility District and the Town Manager have reviewed this request and have no objection to this easement. (3) At the same location (east cul-de-sac end of Marrickville Drive), the applicant is requesting a drainage easement to allow drainage from this phase of the subdivision to flow onto Town open space (see attachment following this staff report). The open space was deeded to the Town in 2008 as part of the parkland requirement for PD-27 and although habitable structures cannot be built on it, the Parks Department has requested that the area be improved for use as a playground type area rather than passive open space. The applicant has agreed to work with Town CouncilPage 19 of 103Meeting Date: May 21, 2012 Town staff to improve the open space area with improved drainage to preserve the existing gravel road that is used approximately once a month by the Municipal Utility District to service an inverted siphon south of the site. The applicant and Town staff met with the Corps of Engineers on Tuesday, May 15, 2012, and the Corps indicated that the playground area location, above 572 elevation, is acceptable. The Corps indicated that approval should be forthcoming pending submittal and review of the plans. FINAL PLAT: Neighborhood 6, Phase 3B Town CouncilPage 20 of 103Meeting Date: May 21, 2012 PRELIMINARY PLAT: Town CouncilPage 21 of 103Meeting Date: May 21, 2012 PRELIMINARY PLAT (CONTINUED): Town CouncilPage 22 of 103Meeting Date: May 21, 2012 REVIEWAND RECOMMENDATION : This final plat document was reviewed in accordance with the approved subdivision regulations as well as the approved development standards as set forth in Planned Development District No. 27. The Town Engineer, Tom Rutledge, has reviewed and approved the infrastructure construction plans for this phase of subdivision Neighborhood 6. Town staff and the Town Engineer will continue to work with the applicant to finalize the plans for drainage from Neighborhood 6 onto Town open space to provide a usable parkland area of the open space. Staff recommends approval of the final plat for Neighborhood 6, Phase 3B. PLANNING AND ZONING COMMISSION : The Planning and Zoning Commission heard this request on May 3, 2012 and recommended approval. SUBDIVIDER’S AGREEMENT : The Subdivider’s Agreement is attached for the Council’s review and approval. Attachment “A” of the Subdivider’s Agreement consists of the construction estimates, which determines the amount due for inspections (5% of the project’s total construction estimate). Attachment “B” of the Subdivider’s Agreement consists of the construction documents and are not included with the Council’s packet. Attachments:Exhibit – Drainage Easement/Open Space Area Application Preliminary Plat (11x17 hardcopy) (4 sheets) Final Plat (24x36 hardcopy) (1 sheet) Town CouncilPage 23 of 103Meeting Date: May 21, 2012 May 201221, Date: Meeting Page 103of 24 Town Town CouncilPage 25 of 103Meeting Date: May 21, 2012 THE HIGHLANDS AT TROPHY CLUB NEIGHBORHOOD 6,PHASE3B SUBDIVIDER'S AGREEMENT An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred to as the "TOWN") and High Trophy Development, LLC acting by and through its duly authorized representative (hereinafter referred to as the "DEVELOPER"), for the installation of public improvements and facilities within the TOWN limits of Trophy Club, Texas, for Neighborhood 6, Phase 3B of The Highlands at Trophy Club, more particularly described as a tract of land consisting of approximately 37.114 acres of land, hereinafter being referred to collectively as the "PROJECT," and such public improvements being more particularly described in Section II of this AGREEMENT. It is understood by and between the parties that this AGREEMENT is applicable to the lot(s) contained within the Final Plat as presented to TOWN Staff on December 5, 2011 and to the offsite improvements necessary to support the PROJECT, more particularly described in Section II of this AGREEMENT. It is further agreed that this AGREEMENT, when properly signed and executed, shall satisfy the requirements of the TOWN’S Subdivision Regulations. I.GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the DEVELOPER has employed a registered public surveyor licensed to practice in the State of Texas to prepare a final plat of the PROJECT. The Project is planned to be platted for Single Family Residential together with allowed incidental and accessory uses. The Project received preliminary plat approval from the Town on December 18, 2006. B. It is agreed and understood by the parties hereto that the DEVELOPER has employed a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all public improvements and facilities described in Section II and covered by this AGREEMENT. Unless otherwise specified herein, such plans and specifications shall be in accordance with the TOWN’S "Design Standards for Paving, Drainage and Utility Improvements" and the North Central Texas Council of Governments’ (NCTCOG) Standard Specifications for Public Works Construction, as presently adopted. Town CouncilPage 26 of 103Meeting Date: May 21, 2012 C.The DEVELOPER shall award its own construction contract for the construction of all PROJECT street, sanitary sewer, and other drainage public improvements and facilities for the completion of the Project. The DEVELOPER agrees to employ a construction contractor(s) who is approved by the TOWN, said contractor(s) to meet TOWN and statutory requirements for being insured, licensed and bonded to perform work in public rights-of- way and to be qualified in all respects to bid on public streets and public projects of a similar nature. The DEVELOPER agrees to submit contract documents to the TOWN and participate in a pre-construction meeting with the TOWN and all Developer contractors. D. Prior to the execution of this Agreement, the commencement of construction, the filing of the Final Plat, or the issuance of any building permits, the DEVELOPER shall present to the TOWN a performance bond(s), payment bond(s) and maintenance bond(s), meeting the requirements of Chapter 2253 of the Texas Government Code. Each bond shall individually guarantee and agree to pay an amount equal to one hundred percent (100%) of the value of the construction costs (as determined by the TOWN Engineer) for all public improvements and facilities to be constructed by or on behalf of the Developer for the Project. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the TOWN, through the Town Attorney, shall retain the right to reject any surety company as a surety for any work under this or any other SUBDIVIDER’S AGREEMENT regardless of such Company’s authorization to do business in Texas. Approvals by the TOWN shall not be unreasonably withheld or delayed. 1) As an alternative to providing a surety bond for performance and a surety bond for maintenance as specified hereinabove, Developer may provide financial assurances for performance and maintenance in the form of a cash deposit, a certificate of deposit, or irrevocable letter of credit. Provided however, that such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.02 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. 2) As an alternative to the Developer providing a performance bond, payment bond, and maintenance bond, as specified above, Developer may provide financial assurances for performance, payment and maintenance from a single general contractor for the Project, provided that such assurances meet all other requirements specified hereinabove and the Town is named as a dual obligee on each such bond. Additionally, such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.02 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. Town CouncilPage 27 of 103Meeting Date: May 21, 2012 E. The performance bond(s) shall be submitted in statutory form guaranteeing the full and faithful completion of the facilities and improvements required under this Agreement for completion of the PROJECT to the TOWN and provide for payment to the TOWN of such amounts up to the total remaining amounts required for the completion of the PROJECT if the work is not completed as required hereunder. F. The payment bond(s) shall be submitted in statutory form guaranteeing payment of all labor and material costs of the Project and shall be furnished solely for the protection of all claimants supplying labor and material in the performance of the work provided for under this AGREEMENT. The maintenance bond(s) shall guarantee the payment of any and all necessary maintenance of the Project for a period of two (2) years following acceptance of the public improvements and facilities by the TOWN, in an amount equal to one hundred (100%) percent of the value of the construction costs of all the public improvements and facilities to be constructed under this Agreement in respect to the Project. G. Any guarantee of performance, maintenance, or payment instrument (e.g., performance bond, payment bond, maintenance bond, letters of credit, and/or cash deposit or the like) (individually a “Guarantee” or collectively the “Guarantees”) submitted by or through the DEVELOPER on a form other than the one which has been previously approved by the TOWN as "acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S expense, and construction of the Project shall not commence until the Town Attorney has approved such Guarantees. Approval by the TOWN (and the Town Attorney) shall not be unreasonably withheld or delayed. All such Guarantees shall be maintained in full force and effect until such time as the DEVELOPER has fully complied with the terms and conditions of this AGREEMENT as agreed to in writing by the TOWN, and failure to keep same in force and effect shall constitute a breach of this AGREEMENT. Failure to maintain performance and payment Guarantees meeting the requirements of this AGREEMENT shall result in a stop work order being issued by the Town. Additionally, all Guarantees furnished hereunder which expire prior to the completion of construction or applicable warranty periods shall be renewed in amounts designated by the TOWN and shall be delivered to the TOWN and approved by the TOWN on or before the tenth (10th) banking day before the date of expiration of any then existing Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN within the time prescribed herein, such failure shall constitute a breach of this AGREEMENT and shall be a basis for the TOWN to draw on all or any portion of any existing Guarantee in addition to any or all other remedies available to the TOWN. The DEVELOPER further agrees to release and forever hold the TOWN harmless from any losses, damages and/or expenses incurred by the DEVELOPER for any delays due to the TOWN'S review of any Guarantee which is in a form other than one which has been Town CouncilPage 28 of 103Meeting Date: May 21, 2012 previously approved by the TOWN. The TOWN requires the DEVELOPER to have all Guarantee forms approved prior to the commencement of work and construction of improvements. H. It is further agreed and understood by the parties hereto that upon acceptance thereof by the TOWN of all public improvements and facilities as described in Section II of this Agreement, title to all such improvements and facilities shall be vested in the TOWN, and the DEVELOPER hereby relinquishes any right, title, or interest in and to such improvements and facilities or any part thereof. It is further understood and agreed that until the TOWN accepts such improvements and facilities, the TOWN shall have no liability or responsibility with respect thereto. Acceptance of the improvements and facilities shall occur at such time as the TOWN, through its TOWN Engineer, provides the DEVELOPER with a written acknowledgment that all improvements and facilities are complete, have been inspected and approved and are being accepted by the TOWN. I. The DEVELOPER’S Engineer has prepared detailed estimates of $1,308,052.00 for the cost of public improvements and facilities for this Project. The detailed cost estimates are a part of this AGREEMENT and are "Attachment A" attached hereto as and incorporated herein. The TOWN shall not accept any construction improvements outside of the Project, and the two (2) year warranty for such improvements shall not commence until all construction activities are completed and accepted by the TOWN. J. Upon TOWN’S approval and acceptance of the final plat and the engineering plans, the final plat shallbe recorded with the County Clerk of Denton County. No building permits shall be issued in for any lots on/in the Project until the final plat is filed and the public improvements and facilities specified herein are completed and accepted by the TOWN. K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major subcontractors) and TOWN, as well as any other third party deemed necessary by the Town, shall participate in a pre-construction conference prior to the initiation of any work. At or prior to the pre-construction meeting, Developer shall provide the TOWN with the following documents: 1) Two (2) copies of all executed construction contracts; 2) List of all contractors/subcontractors and their project assignments; 3) Five (5) sets (and additional sets as necessary for any contractors) of approved construction plans and specifications. This list of contractors/subcontractors shall be updated within seven days of any changes. The DEVELOPER agrees to give the TOWN at least twenty-four (24) hours prior written notice of his/her intent to commence construction of all public improvements and facilities, so that the TOWN, if it so desires, may have its representatives available to inspect the beginning and continuing progress of all work. Developer shall submit all documentation evidencing that each of the Town CouncilPage 29 of 103Meeting Date: May 21, 2012 Guarantees required under this Agreement have been provided and all required insurance has been obtained prior to the pre-construction meeting. L. The DEVELOPER agrees to notify all contractors and subcontractors working on the PROJECT that all their work is subject to inspection by a TOWN Inspector at any time, and that such inspection may require a certification by the contractors and subcontractors of the type, kind, and quality of materials used on the PROJECT. M. Should any work or construction of improvements or facilities on the PROJECT which has not been contemplated in the current construction documents (plans and specifications), the plat, or this AGREEMENT, become necessary due to site conditions, then the DEVELOPER shall be required to contact in writing (with a copy to the Town of Trophy Club), with the TOWN Engineer to determine how such work or construction should progress. The DEVELOPER further agrees to follow all reasonable recommendations and requirements imposed by the TOWN Engineer in such instance. (Addresses for points of contact are as follows:) Town of Trophy ClubTeague, Nall & Perkins Mike Slye, Town Manager Tom Rutledge, Town Engineer 100 Municipal Drive 1100 Macon Street Trophy Club, Texas 76262 Fort Worth, Texas 76102 Phone: 682-831-4600 Phone: 817-336-5773 Fax: 817-490-0705 Fax: 817-336-2813 Email: mslye@ci.trophyclub.tx.us Email: trutledge@tnp-online.com N.The DEVELOPER agrees to cause all work and construction of improvements and facilities to be stopped upon twenty-four (24) hour notification from the TOWN Engineer of nonconforming improvements, including the materials used and the methods of installation. The DEVELOPER further agrees to correct all nonconformities in accordance with the TOWN Engineer’s instructions. O. The DEVELOPER is encouraged not to convey title of any lots of the PROJECT, until all construction in respect to the PROJECT required in Section II is complete and the TOWN has approved and accepted the work and improvements in respect thereof. The DEVELOPER understands that the TOWN shall issue no building permits for improvements on any lot in the Project until all public improvements and facilities in respect to the Project are completed in accordance with this Agreement. Further, DEVELOPER agrees to inform all persons or entities purchasing the lots or any interest in the lots that TOWN shall not issue any building permits until all public improvements and facilities are completed in accordance with this Agreement. Town CouncilPage 30 of 103Meeting Date: May 21, 2012 P. After completion and prior to acceptance of all work, the DEVELOPER must furnish to the TOWN an affidavit of all bills paid. Q. Developer is responsible for development of a Homeowners Association (HOA) and Developer/HOA is responsible for maintenance of all common areas. II.PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED A. The following public improvements and facilities are to be constructed and completed in accordance with the approved plans and specifications as Attachment “B”: described in 1) Water Distribution System. 2) Sanitary Sewer System. 3) Drainage and Storm Sewer System. 4) Street Paving. 5) Landscaping. 6) Fences/Walls/Retaining Walls. 7) Signs – Shall comply with Sign Regulations. 8) Driveways and Walkways. 9) Lights – Street lights shall be installed as designated on street light layout plan approved by Town and submitted to Oncor. 10) Homeowners Association shall maintain all common areas in Neighborhood 6, Phase 3B; Common areas include Lot 19X, Block HH. 11) Improvements to the Open Space located adjacent to this neighborhood and south of gas well pad site 7H. Improvements valued at a minimum of $40,000 for the purpose of recreational improvements as agreed to by the Town and developer, and engineered Town approved plans for drainage. B. Other. 1. Bench marks to be located as shown on the approved plans. 2. Upon completion, three (3) sets of as-builts/record drawings shall be submitted to the TOWN within two (2) months following the acceptance of the public improvements and facilities. 3. Testing The Developer shall provide all geotechnical and materials tests required by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost in accordance with Section 7.03 of Article 7, Chapter 12 of the Town’s Code of Ordinances. Such tests shall be conducted by an independent laboratory acceptable to the Town. Town CouncilPage 31 of 103Meeting Date: May 21, 2012 4. Permits The DEVELOPER shall pay a Community Facilities inspection fee in the amount of $65,402.60 (5% of $1,308,052.16) to cover the cost of TOWN inspection fees as related to the construction of the Project. The Developers shall also be obligated to pay other applicable TOWN fees as set forth in the TOWN’S Schedule of Fees, as may be amended from time to time. The DEVELOPER shall be responsible for obtaining any other permits which may be required by other federal, state or local authorities. 5. Planned Development District No. 27. Developer shall construct and maintain all improvements in accordance with the TOWN approved Planned Development District No. 27 and all TOWN approved amendments thereto in addition to all other Town ordinances. III.GENERAL PROVISIONS A. The DEVELOPER agrees to furnish and maintain at all times prior to the TOWN’S final acceptance of the public improvements and community facilities for the Project, an owners protective liability insurance policy naming the TOWN as insured for property damage and bodily injury in the amounts. Coverage shall be on an “occurrence” basis and shall be issued with a combined bodily injury and property damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate. B. Exclusive venue of any action brought hereunder shall be in Denton, Denton County, Texas. C. Approval by the TOWN Engineer of any plans, designs or specifications submitted by the DEVELOPER pursuant to this AGREEMENT shall not constitute or be deemed to be a release of the responsibility and liability of the DEVELOPER, his engineer, employees, officers or agents with respect to the construction of any of the PROJECT’S improvements or facilities, or for the accuracy and competency of the PROJECT’S improvements and facilities design and specifications prepared by the DEVELOPER'S consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that the approval by the TOWN Engineer signifies the TOWN'S approval on only the general design concept of the improvements The DEVELOPER shall release, and facilities to be constructed. indemnify, defend and hold harmless the TOWN, itsofficers, agents, servants and employees, from any demands, actions, causes of action, obligations, loss, damage, liability or expense, including attorneys fees and expenses, on account of or with respect to damage to property and Town CouncilPage 32 of 103Meeting Date: May 21, 2012 injuries, including death, to any and all persons which may arise out of or result from any defect, deficiency or negligence in the construction of the PROJECT’S public improvements and facilities or with respect to the DEVELOPER'S Engineer’s designs and specifications incorporated into any improvements and facilities constructed in accordance therewith, and the DEVELOPER shall defend at his own expense any suits or other proceedings brought against the TOWN, its officers, agents, servants or employees, or any of them, on account thereof, and pay all expenses and satisfy all judgments which may be incurred or rendered against them or any of them in connection herewith. All responsibility and liability for drainage to adjacent and downstream properties from development of this PROJECT shallaccrue to the DEVELOPER. Liability for construction. The DEVELOPER, its successors, D. permittees, permitted assigns, vendors, grantees and/or trustees do hereby fully release and agree to indemnify, hold harmless and defend the TOWN, its officers, agents, servants and employees from all losses, damage liabilities, claims, obligations, penalties, charges, costs or expenses of any nature whatsoever, for property damage, personal injury or death, resulting from or in any way connected with this AGREEMENT or the construction of the improvements or facilities or the failure to safeguard construction work, or any other act or omission of the DEVELOPER or its contractors or subcontractors, their officers, agents, servants or employees related thereto. E. Final Acceptance of Infrastructure. The TOWN shallnot issue a Building Permit for any lot until the public facilities and improvements identified in Items 1, 2, 3, 4, and 7, of Section II (A) above (referred to in this paragraph as “Partial Improvements”) are completely constructed to the satisfaction of the TOWN Engineer or his agent and in accordance with the stamped approved Construction Plans (Final Completion). Upon Substantial Completion of the Partial Improvements, a “punch list” of outstanding items shall be presented to the Developer’s contractor(s) indicating those outstanding items and their deficiencies that need to be addressed for Final Completion of the Partial Improvements. Upon Final Completion of the Partial Improvements, the Town will issue Building Permits for ten percent (10%) of the 98 homes proposed to be constructed in this PROJECT in accordance with the terms of this section. The Town will process those permit applications based upon date and time of the filing of each permit application; provided however that permits will only be issued for the first ten (10) applications for Building Permits that meet all requirements of applicable regulations and for which all applicable fees are timely paid. DEVELOPER shall complete Items 5, 6, 8, 9, and 10 listed in Paragraph II (A) herein (referred to in this paragraph as “Improvements” within 180 days of the final acceptance of the Partial Improvements. The TOWN will not issue a Letter Town CouncilPage 33 of 103Meeting Date: May 21, 2012 of Acceptance or certificates of occupancy for this PROJECT until all public facilities and improvements listed in Paragraph II (A) are completely constructed to the satisfaction of the TOWN Engineer or his agent and in accordance with the stamped approved Construction Plans (Final Completion). However, upon Substantial Completion, a “punch list” of outstanding items shall be presented to the Developer’s contractor(s) indicating those outstanding items and their deficiencies that need to be addressed for Final Completion of the Improvements for this PROJECT. F. Neither this AGREEMENT nor any part hereof or any interests, rights, or obligations herein, shall not be assigned by the DEVELOPER without the express written consent of the TOWN Council. G. All work performed under this AGREEMENT shall be completed within eighteen months from the date hereof. In the event the work is not completed within the eighteen (18) month period, the TOWN may, at its sole election, draw down or otherwise exercise it rights under or with respect to any Guarantee provided by the DEVELOPER and complete such work at DEVELOPER'S expense; provided, however, that if the construction under this AGREEMENT shall have started within the eighteen (18) month period, the TOWN may agree to renew the AGREEMENT with such renewed AGREEMENT to be in writing and in compliance with the TOWN policies in effect at that time. Notwithstanding the foregoing, in the event that the performance by either party of any of its’ obligations or undertakings hereunder shall be interrupted or delayed by any occurrence and not occasioned by the conduct of either party hereto, whether such occurrence be an act of God or the common enemy or the result of war, riot, civil commotion, or sovereign conduct, then upon written notice of such occurrence, such party shall be excused from performance for a period of time as is reasonably necessary after such occurrence to remedy the effects thereof, and each party shall bear the cost of any expense it may incur due to the occurrence. H. This Subdivider's AGREEMENT shall be construed in accordance with the Town of Trophy Club, Texas Subdivision Regulations and all other applicable ordinances. Any conflicts between the provisions of this Subdivider’s AGREEMENT, the TOWN'S Subdivision Regulations, Town Ordinances, and State and Federal law, shall be construed in favor of the Town’s ordinance(s) as allowed by law, subject to Chapter 245 of the Local Government Code. To the extent that any such conflict exists, only that portion of the Subdivider’s AGREEMENT which is in conflict shall be severable from the other provisions of the AGREEMENT, and such conflict shall in no manner affect the validity or enforceability of the remaining provisions. Town CouncilPage 34 of 103Meeting Date: May 21, 2012 I.All rights, remedies and privileges permitted or available to the TOWN under thisAGREEMENT or at law or equity shall be cumulative and not alternative, and election of any such right, remedy or privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance by the Town in the enforcement of any such right, remedy or privilege, shall not constitute a waiver of such right, remedy or privilege by the Town. A default under this Agreement by the TOWN shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement by the TOWN. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: HIGH TROPHY DEVELOPMENT, LLC Date: ______________ Date: ______________ Project Manager TOWN OF TROPHY CLUB, TEXAS Date: ______________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Shannon DePrater, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town CouncilPage 35 of 103Meeting Date: May 21, 2012 Town CouncilPage 36 of 103Meeting Date: May 21, 2012 Town CouncilPage 37 of 103Meeting Date: May 21, 2012 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2012-223-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/15/2012 In control:Town Council On agenda:5/21/2012 Final action: Title:Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club, Texas, to recognize Larry Hoover for his service to the Town of Trophy Club; discussion of same. RES 2012-12 Gratitude for Larry Hoover.pdf Attachments: DateVer.Action ByActionResult TITLE Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club, Texas, to recognize Larry Hoover for his service to the Town of Trophy Club; discussion of same. Town CouncilPage 38 of 103Meeting Date: May 21, 2012 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2012-12 RESOLUTION OF GRATITUDE ARESOLUTIONOF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, TO RECOGNIZE LARRY HOOVERFOR HIS SERVICE TO THE TOWN OF TROPHY CLUB. WHEREAS , the members of Town Council of the Town of Trophy Club, Texas wish to express their sincere gratitude to Council member Larry Hooverfor his invaluable service to the Town of Trophy Club; and WHEREAS , Council member Hoover served with distinction and honor as a member of the Town Council for two years, one of which years Council member Hoover served as Mayor Pro Tem; and WHEREAS , Council member Hoover’s dedication and loyalty to Trophy Club and its citizens has been instrumental to the enhanced welfare, growth and development of the Town of Trophy Club. NOW THEREFORE, BE IT RESOLVED that the members of the Town Council of the Town of Trophy Club, Texas hereby express their heartfelt gratitude to Council member Hoover for his unselfish contributions and service to the Town of Trophy Club and its citizens. Passed and approved by the Town Council of the Town of Trophy Club, Texas, st this 21 day of May, 2012. Connie White, MayorBill Rose, Town of Trophy ClubCouncil member Place 1 Town of Trophy Club Jeannette Tiffany,Margi Cantrell, Council member Place 2 Council member Place 3 Town of Trophy ClubTown of Trophy Club Glenn Strother, Mike Slye, Council member Place 5Town Manager Town of Trophy ClubTown of Trophy Club Town CouncilPage 39 of 103Meeting Date: May 21, 2012 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2012-222-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/15/2012 In control:Town Council On agenda:5/21/2012 Final action: Title:Remarks to and from outgoing Council Member Hoover. Attachments: DateVer.Action ByActionResult TITLE Remarks to and from outgoing Council Member Hoover. Town CouncilPage 40 of 103Meeting Date: May 21, 2012 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2012-221-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/14/2012 In control:Town Council On agenda:5/21/2012 Final action: Title:Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of the General Election for the Town of Trophy Club held on May 12, 2012 for the purpose of electing one (1) Council member for Place #3 for a three (3) year term, and electing one (1) Council member for Place #4 for three (3) year term to the Town of Trophy Club Town Council; and providing an effective date. Attachments:ORD 2012-11 Canvassing May 12 2012 Election.pdf DateVer.Action ByActionResult TITLE Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of the General Election for the Town of Trophy Club held on May 12, 2012 for the purpose of electing one (1) Council member for Place #3 for a three (3) year term, and electing one (1) Council member for Place #4 for three (3) year term to the Town of Trophy Club Town Council; and providing an effective date. Town CouncilPage 41 of 103Meeting Date: May 21, 2012 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2012-11 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, CANVASSING THE RETURNS, INCLUDING THE RETURNS OF EARLY VOTING BALLOTS CAST IN CONNECTION THEREWITH, AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON MAY 12, 2012 AS SUCH RETURNS RELATE TO THE ELECTION OF ONE (1) COUNCIL MEMBER FOR PLACE #3 FOR A THREE (3) YEAR TERMTO THE TROPHY CLUB TOWN COUNCIL, AND THE ELECTION OF ONE (1) COUNCIL MEMBER FOR PLACE #4 FOR A THREE (3) YEAR TERMTO THE TOWN OF TROPHY CLUB TOWN COUNCIL; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE CONFIRMATION OF VOTE TABULATIONS; IDENTIFYING THE OFFICIALS ELECTED AND TERMS OF OFFICE; AUTHORIZING THE ISSUANCE OF CERTIFICATES OF ELECTION; AUTHORIZING THE ISSUANCE OF THE CANVASS OF GENERAL ELECTION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about March 5, 2012 the Town Council of the Town of Trophy Club, Texas (the “Town”) passed and approved Ordinance No. 2012-06, ordering a General Election, for the purpose of electing one (1) Council member for Place #3 for a three (3) year term, and electing one (1) Council member forPlace #4 for three (3) year term to the Town of Trophy Club Town Council, and WHEREAS , the appropriate authority of the Town heretofore caused to be posted and published, in accordance with the election laws of the State of Texas, notice of the Joint General; and WHEREAS , the General Election was duly and legally held on May 12, 2012, in the Town and in conformity with the election laws of the State of Texas, and the results of the General Election, including the early voting results, have been certified and returned to the proper judges and clerks thereof; and WHEREAS , the official returns of the presiding judges of the General Election, including the returns of early voting ballots in connection therewith, and as such returns are related to the election of one (1) Council member for Place #3 for a three (3) year term, and to the election of one (1) Council member forPlace #4 for three (3) year term to the Town of Trophy Club Town Council, have been presented to the Town Council acting in its capacity as the Canvassing Board; and Town CouncilPage 42 of 103Meeting Date: May 21, 2012 WHEREAS , the Town Council has considered the returns of the General Election, including the returns of early voting ballots in connection therewith, and as such returns are related to the election of one (1) Council member for Place #3 for a three (3) year term, and to the election of one (1) Council member forPlace #4 for three (3) year term to the Town of Trophy Club Town Council; and WHEREAS , the returns of the General Election, including the returns of early voting ballots, duly and legally made, showed that there were cast at the Election the following valid and legal votes: TOTAL VOTES TOTAL EARLY CAST AT POLLTOTAL ELECTIONVOTINGON ELECTION DAYVOTES VOTES CAST(including mail CAST ballots) General Election 922 527 1449 ; and WHEREAS , the returns of the General Election, including the returns of the early voting ballots, duly and legally made, showed that each of the candidates for the office Council Member for Place #3 and Council Member for Place #4 on the Town of Trophy Club Town Council, received the following votes: TOWN OF TROPHY CLUB COUNCIL MEMBERFOR PLACE 3 FOR THREE (3) YEAR TERM TOTAL NUMBER TOTAL NUMBER OF VOTES TOTAL NAME OF OF EARLY VOTINGRECEIVED AT NUMBER OF CANDIDATE VOTES RECEIVEDPOLL ON VOTES RECEIVED ELECTION DAY Larry Hoover 301 192 493 Clint Schroeder 598 306 904 TOWN OF TROPHY CLUB COUNCIL MEMBERFOR PLACE 4 FOR THREE (3) YEAR TERM TOTAL NUMBER TOTAL NUMBER OF VOTES TOTAL NAME OF OF EARLY VOTINGRECEIVED AT NUMBER OF CANDIDATE VOTES RECEIVEDPOLL ON VOTES RECEIVED ELECTION DAY Dean C. Murray342 234 576 Danny Mayer 558 269 827 ; and Town CouncilPage 43 of 103Meeting Date: May 21, 2012 WHEREAS , pursuant to the Town’s Home Rule Charter, the candidate for election to each Place on the Council who receives a majority of all votes cast for all the candidates for such Place at the election shall be declared elected. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Incorporation of Premises. The above and foregoing premises are true and correct and are incorporated into the body of this Ordinance and made a part hereof for all purposes. Section 2. Confirmation of Vote Tabulations.The results of the General Election as related to the election ofone (1) Council member for Place #3 for a three (3) year term, and to the election of one (1) Council member forPlace #4 for three (3) year term to the Town of Trophy Club Town Council, and as canvassed and tabulated above, reflect the expressed desires of the resident, qualified voters of the Town. Section 3. Elected Officials; Terms of Office. In accordance with the canvass and tabulation of the results of the General Election, the duly elected Council Members elected on May 12, 2012, and the corresponding terms of office, subject to the taking of the oaths of office as required by State Law, are as follows: OFFICETERMNAME Council MemberPlace 3 Three (3) YearsClint Schroeder Council MemberPlace 4 Three (3) YearsDanny Mayer Section 4. Issuance of Certificates of Election. The Mayor is hereby authorized and directed to execute and cause the delivery of Certificates of Election to the successful candidates elected at the General Election, as specified in Section 3 hereof. Section 5. Issuance of Canvass of General Election. The Mayor is hereby authorized and directed to execute and deliver the Town of Trophy Club Texas Canvass of General Election, a copy of which is attached hereto and incorporated herein as Exhibit “A” , along with the Town of Trophy Club Texas Canvass of General Election Exhibit “A-1”to Exhibit “A” Tally Sheets, attached hereto and incorporated herein as in accordance with the election laws of the State of Texas, and to take all other action necessary in connection therewith. Section 6. Engrossment and Enrollment. The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. Town CouncilPage 44 of 103Meeting Date: May 21, 2012 Section 7. Effective Date.This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, st Texas, this 21 day of May, 2012. Connie White, Mayor Town of Trophy Club, Texas \[SEAL\] ATTEST: Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: PatriciaA. Adams , Town Attorney Town of Trophy Club, Texas Town CouncilPage 45 of 103Meeting Date: May 21, 2012 EXHIBIT “A” TOWN OF TROPHY CLUB, TEXAS CANVASS OF GENERAL ELECTION I, the undersigned Mayor of the Town of Trophy Club, Texas, and Presiding st Officer of the Canvassing Authority of the Town, met on 21 day of May 2012 with the Town Council of the Town, sitting as the Canvassing Board to canvass the returns of the General Election held on May 12 , 2012, at the Trophy Club Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, as such returns related to the election of one (1) Council member for Place #3 for a three (3) year term, and to the election of one (1) Council member forPlace #4 for three (3) year term to the Town of Trophy Club Town Council. I DO HEREBY CERTIFY that the figures on the tally sheets hereto attached as Exhibit “A-1” correspond with the figures on the returns. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of st the Town of Trophy Club, Texas to be affixed hereto, this 21day of May 2012. (Seal)_____________________________________ Mayor and Presiding Officer of the Canvassing Authority Trophy Club, Texas Town CouncilPage 46 of 103Meeting Date: May 21, 2012 EXHIBIT “A-1” TOWN OF TROPHY CLUB, TEXAS CANVASS OF GENERAL ELECTIONTALLY SHEETS Town CouncilPage 47 of 103Meeting Date: May 21, 2012 05/15/2012 11:10 AM Precincts Reporting 295 of 295 = 100.00%District Precincts Reporting 6 of 6 = 100.00% 2012 21, May Date: Meeting TOWN OF TROPHY CLUB - CANVASS REPORT — Total Voters — Unofficial DENTON COUNTY ELECTIONS — May 2012 Joint Election — May 12, 2012 6306161490021397 Totals 388409106001904 COUNCIL MEMBER PLACE 3 (3 YEAR TERM) Clint Schroeder 24220743001493 Larry Hoover 26.75%23.51%24.02%00.00%00.00%0.54% Turnout Percent 103 of Page 1 of 2 48 Page Registered 24492739637003706195 Voters 655644153002 1454 Ballots Total Cast 22023572000527 Election Ballots Cast Total Number of Voters : 26,424 of 378,824 = 6.98% 923 43240881002 Number of District Voters: 1,454 of 6,195 = 23.47% Ballots Cast Early 3100004 Absentee Ballots Cast Council Town Precinct Tarrant - 3500 4032-GGG4033-GGG 4031-FFF4032-FFF4033-FFF Totals 05/15/2012 11:10 AM Precincts Reporting 295 of 295 = 100.00%District Precincts Reporting 6 of 6 = 100.00% 2012 21, May Date: Meeting TOWN OF TROPHY CLUB - CANVASS REPORT — Total Voters — Unofficial DENTON COUNTY ELECTIONS — May 2012 Joint Election — May 12, 2012 6376131510021403 Totals 36536596001827 COUNCIL MEMBER PLACE 4 (3 YEAR TERM) Danny Mayer 27224855001576 Dean C. Murray 26.75%23.51%24.02%00.00%00.00%0.54% Turnout Percent 103 of Page 2 of 2 49 Page Registered 24492739637003706195 Voters 655644153002 1454 Ballots Total Cast 22023572000527 Election Ballots Cast Total Number of Voters : 26,424 of 378,824 = 6.98% 923 43240881002 Number of District Voters: 1,454 of 6,195 = 23.47% Ballots Cast Early 3100004 Absentee Ballots Cast Council Town Precinct Tarrant - 3500 4032-GGG4033-GGG 4031-FFF4032-FFF4033-FFF Totals Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2012-224-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/15/2012 In control:Town Council On agenda:5/21/2012 Final action: Title:Oath of Office to be administered by Municipal Court Judge, Mark Chambers, and Presentation of Certificates of Election from Judge Chambers to incoming Council Members. Attachments: DateVer.Action ByActionResult TITLE Oath of Office to be administered by Municipal Court Judge, Mark Chambers, and Presentation of Certificates of Election from Judge Chambers to incoming Council Members. Town CouncilPage 50 of 103Meeting Date: May 21, 2012 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2012-239-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/16/2012 In control:Town Council On agenda:5/21/2012 Final action: Title:Remarks to and from incoming Council Members. Attachments: DateVer.Action ByActionResult TITLE Remarks to and from incoming Council Members. Town CouncilPage 51 of 103Meeting Date: May 21, 2012 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2012-225-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/15/2012 In control:Town Council On agenda:5/21/2012 Final action: Title:Consider and take appropriate action regarding an Ordinance amending Chapter 1 of the Code of Ordinances, entitled “Administration”, article VIII, entitled “Schedule of Fees”, by repealing Section 8.12 entitled “Parks and Recreation” in its entirety and adopting a new Section 8.12 entitled “Parks and Recreation” in order to add fees for new amenities and to add business group rates for use of pool amenities; providing for publication; and providing an effective date. Attachments:ORD 2012-12 Schedule of Fees - Parks.pdf Layout.pdf DateVer.Action ByActionResult TITLE Consider and take appropriate action regarding an Ordinance amending Chapter 1 of the Code of Ordinances, entitled “Administration”, article VIII, entitled “Schedule of Fees”, by repealing Section 8.12 entitled “Parks and Recreation” in its entirety and adopting a new Section 8.12 entitled “Parks and Recreation” in order to add fees for new amenities and to add business group rates for use of pool amenities; providing for publication; and providing an effective date. EXPLANATION: INDEPENDENCE EAST: With the construction of Independence East (in the future we will portray this as one complex) we have additional fields being brought on-line that will be used by both sports associations and by private entities. The Town needs to establish rental rates for these facilities to create additional revenue generation which will help offset the maintenance of these facilities. We are not adding a rental rate for the three new baseball fields as these will be used for association game play and tournament use (tournament play will generate substantial revenues for the park). COMMUNITY POOL: The creation of a group business rate at the pool will allow for additional revenue at this facility to help offset costs and allows staff to schedule the use by these entities in such a manner as to not interfere with current resident use. For local businesses, specifically day care operations, it will assist the Town in developing additional relationships with these organizations. TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Goal #4: Picturesque and Environmentally Sound Goal #5: Financial and Operational Stewardship Hire, develop, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Town CouncilPage 52 of 103Meeting Date: May 21, 2012 File #: 2012-225-T, Version: 1 Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends adding the fees associated with new multi-use fields and creating a business group rate for the community pool use. This would allow for an increase in recreation revenue with the use of these facilities being scheduled by staff. We do not anticipate any negative consequence to Trophy Club residents resulting from these changes. Town CouncilPage 53 of 103Meeting Date: May 21, 2012 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2012-12 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES, ENTITLED “ADMINISTRATION”, ARTICLE VIII, ENTITLED “SCHEDULE OF FEES”, BYREPEALINGSECTION 8.12 ENTITLED “PARKS AND RECREATION” IN ITS ENTIRETY AND ADOPTING A NEW SECTION 8.12 ENTITLED “PARKS AND RECREATION” IN ORDER TO ADD FEES FOR NEW AMENITIES AND TO ADD BUSINESS GROUP RATES FOR USE OF POOL AMENITIES; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, the Town has constructed new athletic amenities for use, and has determined that based upon the costs of providing those amenities, and in some cases, based upon amounts charged the Town by third parties, it is necessary to add new usage fees to the Schedule of Fees; and WHEREAS, based upon requests for usage of pool amenities by both local and non-local business groups, the Town has determined it appropriate to add a group rate for use of Town pool amenities by business groups in order to defray operating costs; and WHEREAS , Town Council has the authority via ordinance to establish reasonable fees to cover the costs of services provided by the Town; and WHEREAS , having reviewed the proposed cost adjustments, the Town Council finds that the proposed fee adjustments are reasonable and necessary to pay the administrative costs associated with providing services to the public; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Town CouncilPage 54 of 103Meeting Date: May 21, 2012 SECTION 2. AMENDMENT 2.01 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.12, entitled “Parks & Recreation”, is hereby repealed in its entirety and a new Section 8.12 entitled “Parks & Recreation” is hereby adopted and shall be and read in its entirety as follows: “Section 8.12.Parks & Recreation All fees are to be paid at the time of reservation and are based on availability. Rates shown are for each reservation and are based on a two (2) hour minimum rental period, unless otherwise specified. Additional rental hours will be charged at one-half (1/2) of the 2 or 4 hour rate fee set forth below. Fees are not applicable to members of the Trophy Club youth sports associations when they are participating in Trophy Club youth sports association sponsored activities. A.Reservations Resident Non-Resident 1. Harmony Soccer Field - Lighted $50.00 $80.00 2. Harmony Soccer Field –Unlighted $30.00 $60.00 3. Independence Baseball Field #1 - #4 - $50.00 $80.00 Lighted 4. Independence Baseball Field #1 - #4 - $30.00 $60.00 Unlighted 5. Independence Multi-Use Field #1 $30.00 $60.00 6. Independence Multi-Use Field #2 –$50.00 $80.00 Lighted 7. Independence Multi-Use Field #2 –$30.00 $60.00 Unlighted 58. Pavilion Rental (Harmony Park)$50.00 for a 4 hour $100.00for a 4 period hour period B.Trophy Club Park 1. Vehicle Entry$1.00 2. ATV/Motorcycle $12.00 3. Boat Entry$5.00 C.Community Pool Fees Pool rental fees listed below are for a minimum two (2) hour period. Resident Rates* Daily Rate $3.00 Off Season Daily Rate** $2.00 Town CouncilPage 55 of 103Meeting Date: May 21, 2012 Individual Season Pass$25.00 Family Pass (Up to 4 Members) $50.00 Additional Family Members $10.00/Member Resident Guest Pass (Unassigned Pass $20.00/Pass valid for entire season) * Non-Resident Rates Daily Rate$5.00 ** Off Season Daily Rate$3.00 Individual Season Pass$50.00 Family Season Pass (Up to 4 Members)$100.00 Additional Family Member $20.00 Local Business Group Rate*** -$3.00 per user with a minimum of 8 Bathers. Non-Local Business Group Rate*** - $4.00 per user with a minimum of 8 Bathers. - $3.00 per Bather for groups of 20 or more Bathers. . *Children under 35 inches admitted free of charge **“Off Season” means the period outside of the normal operating season of the Pool. *** In order to receive the Group Rate, groupshall schedule date and time of use with Parks and Recreation Department. Pool Rental Rates Small Pool Rental Bathers 01-50 $150.00 Large Pool Rental Bathers 01-50 $150.00 Bathers 51-80 $180.00 Bathers 81-100 $200.00 Bathers 100 Plus $250.00 Both Pool Rental (same time) Bathers 01-50 $200.00 Bathers 51-80 $250.00 Bathers 81 Plus $300.00 Spray Pad Rental$225.00 Pavilion Reservation$100.00 Community Pool Complex Rental $500.00 Deposit Charges Bathers 01-50 $100.00 Bathers 51 Plus $250.00 A Deposit Charge will be held with the application until after the reservation is completed. The minimum rental time allowed is two (2) hours. Town CouncilPage 56 of 103Meeting Date: May 21, 2012 Additional rental hours will be charged at one-half (1/2)of the 2 hour rate fee set forth above. Cancellations with less than a twenty-four (24) hour notice will result in the forfeiture of the deposit. Cancellations with less than a one (1) week notice will result in the forfeiture of fifty percent (50%) of the deposit.” SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances, whether such Ordinances are codified or uncodified, except for those instances where there are direct conflicts with the provisions of this Ordinance and where such other Ordinance(s) do not specifically state that fees contained therein take precedence. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to any such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Fees and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. Town CouncilPage 57 of 103Meeting Date: May 21, 2012 SECTION 7. EFFECTIVE DATE This Ordinance shall take effect upon its passage and publication in accordance with the law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, st Texas, this the 21 day of May, 2012. Connie White, Mayor Town of Trophy Club, Texas \[SEAL\] ATTEST: Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas Town CouncilPage 58 of 103Meeting Date: May 21, 2012 Town CouncilPage 59 of 103Meeting Date: May 21, 2012 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2012-226-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/15/2012 In control:Town Council On agenda:5/21/2012 Final action: Title:Consider and take appropriate action regarding an Ordinance amending Article XIII, entitled “Open Records“ of Chapter 1, entitled “Administration” by adding a new Subsection 13.02, entitled “Thirty- Six Hour Time Limit”; amending Article VIII entitled “Schedule Of Fees” of Chapter 1, entitled “Administration,” to add a subsection “m” entitled “Personnel Charges in Excess of 36 Hours” to Section 8.14 entitled “Texas Administrative Code”; providing for publication; and providing an effective date. Attachments:ORD 2012-13 36-Hour Limit.pdf Excerpt from 2012 Public Information Handbook.pdf DateVer.Action ByActionResult TITLE Consider and take appropriate action regarding an Ordinance amending Article XIII, entitled “Open Records“ of Chapter 1, entitled “Administration” by adding a new Subsection 13.02, entitled “Thirty-Six Hour Time Limit”; amending Article VIII entitled “Schedule Of Fees” of Chapter 1, entitled “Administration,” to add a subsection “m” entitled “Personnel Charges in Excess of 36 Hours” to Section 8.14 entitled “Texas Administrative Code”; providing for publication; and providing an effective date. EXPLANATION: The Public Information Act contains a provision that allows governmental entities to recover the cost of staff time incurred as a result of multiple small requests for information or large time consuming requests for information. The adoption of this Ordinance would allow the Town to recover $15.00 per hour for staff time used when responding to a requestor, who within a fiscal year, files one or more requests for information that cause staff to spend more than 36 hours of time compiling and preparing that information. TOWN COUNCIL GOAL(S): Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval. Town CouncilPage 60 of 103Meeting Date: May 21, 2012 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2012-13 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ARTICLE XIII, ENTITLED “OPEN RECORDS“ OF CHAPTER 1, ENTITLED “ADMINISTRATION” BY ADDING A NEW SUBSECTION 13.02, ENTITLED “THIRTY-SIX HOUR TIME LIMIT” TO ESTABLISHTHIRTY-SIX (36) HOURS AS A REASONABLE LIMIT ON THE AMOUNT OF TIME THAT TOWN PERSONNEL ARE REQUIRED TO SPEND PRODUCING PUBLIC INFORMATION TO A REQUESTOR WITHOUT RECOVERING COSTS ATTRIBUTABLE TO THAT PERSONNEL TIME;AMENDING ARTICLE VIII “SCHEDULE OF FEES” OF CHAPTER 1, ENTITLED “ADMINISTRATION,” TO ADD A SUBSECTION “M” ENTITLED “PERSONNEL CHARGES IN EXCESS OF 36 HOURS”TO SECTION8.14 ENTITLED “TEXAS ADMINISTRATIVECODE”; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality duly formed under the Constitution and the laws of the State of Texas; and WHEREAS , the Town Council supports and upholds the ideals of the Texas Public Information Act (the “Act”)-- namely that each person is entitled, unless otherwise expressly provided by law, at all times to complete information about the affairs of the City and the official acts of its public officials and employees; and WHEREAS , the Act establishes no limit on the number of requests a particular requestor may make during any prescribed period of time; and WHEREAS , many types of requests require a substantial amount of employee or personnel time with which to comply; and WHEREAS , the Act provides that a governmental body may establish a reasonable limit on the amount of time that personnel of the governmental body are required to spend producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor, without recovering its costs attributable to that personnel time; and WHEREAS , the Town Council deems it advisable to establish a reasonable number of hours per fiscal year that personnel of the Town will be required to spend producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor, without recovering its costs attributable to that personnel time; and Town CouncilPage 61 of 103Meeting Date: May 21, 2012 WHEREAS , once such reasonable amount of time is exceeded, the Town Council believes that personnel costs should be recoverable to the extent authorized in V.T.C.A., Government Code §552.275. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENTS 2.01 Article XIII, entitled “Open Records” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy Club, Texas is hereby amended to add Section 13.02 entitled “Thirty-Six Hour Time Limit” which shall be and read in its entirety as follows: “13.02. Thirty-Six Hour Time Limit. That pursuant to and subject to the limitations in V.T.C.A., Government Code, §552.275, the Town Council of the Town of Trophy Club hereby establishes thirty-six (36) hours as a reasonable limit on the amount of time that personnel of the Town are required to spend producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor, without recovering its costs attributable to that personnel time. Costs for time recoverable under this subsection shall accrue in accordance with the Town’s Schedule of Fees.” 2.02 Section 8.14 entitled “Texas Administrative Code” of Article VIII “Schedule of Fees” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy Club, Texas is hereby amended to add Subsection “m” entitled “Personnel Charges in Excess of 36 Hours” so that Subsection 8.14(m) shall be shall be and read as follows: “(m) Personnel Charges in Excess of 36 Hours. Notwithstanding any provision contained herein to the contrary, any requestor of public information will be charged personnel costs in accordance with V.T.C.A., Government Code, §552.275 for all time in excess of thirty-six (36) hours spent by personnel of the city in producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor during a twelve-month period commencing on October 1 of each year. The Records Management Officer shall be responsible for providing all notices required by law.” Town CouncilPage 62 of 103Meeting Date: May 21, 2012 SECTION 3. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting the vehicle parking regulations and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENTAND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. Town CouncilPage 63 of 103Meeting Date: May 21, 2012 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, st Texas, this 21 day of May, 2012. Connie White, Mayor Town of Trophy Club, Texas ATTEST: \[SEAL\] Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas Town CouncilPage 64 of 103Meeting Date: May 21, 2012 Text of the Texas Public Information Act that will be imposed to make the information available. A charge under this section must be assessed in accordance with this subchapter. (b)If public information exists in an electronic form on a computer owned or leased by a governmental body and if the public has direct access to that computer through a computer network or other means, the electronic form of the information may be electronically copied from that computer without charge if accessing the information does not require processing, programming, or manipulation on the government-owned or government-leased computer before the information is copied. (c)If public information exists in an electronic form on a computer owned or leased by a governmental body and if the public has direct access to that computer through a computer network or other means and the information requires processing, programming, or manipulation before it can be electronically copied, a governmental body may impose charges in accordance with this subchapter. (d)If information is created or kept in an electronic form, a governmental body is encouraged to explore options to separate out confidential information and to make public information available to the public through electronic access through a computer network or by other means. (e)The provisions of this section that prohibit a governmental entity from imposing a charge for access to information that exists in an electronic medium do not apply to the collection of a fee set by the supreme court after consultation with the Judicial Committee on Information Technology as authorized by Section 77.031 for the use of a computerized electronic judicial information system. § 552.274. Reports by Attorney General and State Agencies on Cost of Copies (a)The attorney general shall: (1)biennially update a report prepared by the attorney general about the charges made by state agencies for providing copies of public information; and (2)provide a copy of the updated report on the attorney general’s open records page on the Internet not later than March 1 of each even-numbered year. (c)In this section, “state agency” has the meaning assigned by Sections 2151.002(2)(A) and (C). § 552.275. Requests That Require Large Amounts of Employee or Personnel Time § 552.275. Requests That Require Large Amounts of Employee or Personnel Time (a)A governmental body may establish a reasonable limit on the amount of time that personnel of the (a)A governmental body may establish a reasonable limit on the amount of time that personnel of the (a)A governmental body may establish a reasonable limit on the amount of time that personnel of the governmental body are required to spend producing public information for inspection or governmental body are required to spend producing public information for inspection or governmental body are required to spend producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor, without duplication by a requestor, or providing copies of public information to a requestor, without duplication by a requestor, or providing copies of public information to a requestor, without recovering its costs attributable to that personnel time. recovering its costs attributable to that personnel time. 2012 Public Information Handbook • Office of the Attorney General Town CouncilPage 65 of 103Meeting Date: May 21, 2012 230 Text of the Texas Public Information Act (b)A time limit established under Subsection (a) may not be less than 36 hours for a requestor during (b)A time limit established under Subsection (a) may not be less than 36 hours for a requestor during (b)A time limit established under Subsection (a) may not be less than 36 hours for a requestor during the 12-month period that corresponds to the fiscal year of the governmental body. the 12-month period that corresponds to the fiscal year of the governmental body. (c)In determining whether a time limit established under Subsection (a) applies, any time spent (c)In determining whether a time limit established under Subsection (a) applies, any time spent (c)In determining whether a time limit established under Subsection (a) applies, any time spent complying with a request for public information submitted in the name of a minor, as defined by complying with a request for public information submitted in the name of a minor, as defined by complying with a request for public information submitted in the name of a minor, as defined by Section 101.003(a), Family Code, is to be included in the calculation of the cumulative amount of Section 101.003(a), Family Code, is to be included in the calculation of the cumulative amount of Section 101.003(a), Family Code, is to be included in the calculation of the cumulative amount of time spent complying with a request for public information by a parent, guardian, or other person time spent complying with a request for public information by a parent, guardian, or other person time spent complying with a request for public information by a parent, guardian, or other person who has control of the minor under a court order and with whom the minor resides, unless that who has control of the minor under a court order and with whom the minor resides, unless that parent, guardian, or other person establishes that another person submitted that request in the name parent, guardian, or other person establishes that another person submitted that request in the name parent, guardian, or other person establishes that another person submitted that request in the name of the minor. of the minor. (d)If a governmental body establishes a time limit under Subsection (a), each time the governmental (d)If a governmental body establishes a time limit under Subsection (a), each time the governmental (d)If a governmental body establishes a time limit under Subsection (a), each time the governmental body complies with a request for public information, the governmental body shall provide the body complies with a request for public information, the governmental body shall provide the body complies with a request for public information, the governmental body shall provide the requestor with a written statement of the amount of personnel time spent complying with that requestor with a written statement of the amount of personnel time spent complying with that requestor with a written statement of the amount of personnel time spent complying with that request and the cumulative amount of time spent complying with requests for public information request and the cumulative amount of time spent complying with requests for public information request and the cumulative amount of time spent complying with requests for public information from that requestor during the applicable 12-month period. The amount of time spent preparing from that requestor during the applicable 12-month period. The amount of time spent preparing from that requestor during the applicable 12-month period. The amount of time spent preparing the written statement may not be included in the amount of time included in the statement provided the written statement may not be included in the amount of time included in the statement provided the written statement may not be included in the amount of time included in the statement provided to the requestor under this subsection. to the requestor under this subsection. (e)If in connection with a request for public information, the cumulative amount of personnel time (e)If in connection with a request for public information, the cumulative amount of personnel time (e)If in connection with a request for public information, the cumulative amount of personnel time spent complying with requests for public information from the same requestor equals or exceeds spent complying with requests for public information from the same requestor equals or exceeds spent complying with requests for public information from the same requestor equals or exceeds the limit established by the governmental body under Subsection (a), the governmental body shall the limit established by the governmental body under Subsection (a), the governmental body shall the limit established by the governmental body under Subsection (a), the governmental body shall provide the requestor with a written estimate of the total cost, including materials, personnel time, provide the requestor with a written estimate of the total cost, including materials, personnel time, provide the requestor with a written estimate of the total cost, including materials, personnel time, and overhead expenses, necessary to comply with the request. The written estimate must be and overhead expenses, necessary to comply with the request. The written estimate must be and overhead expenses, necessary to comply with the request. The written estimate must be provided to the requestor on or before the 10th day after the date on which the public information provided to the requestor on or before the 10th day after the date on which the public information provided to the requestor on or before the 10th day after the date on which the public information was requested. The amount of this charge relating to the cost of locating, compiling, and producing was requested. The amount of this charge relating to the cost of locating, compiling, and producing was requested. The amount of this charge relating to the cost of locating, compiling, and producing the public information shall be established by rules prescribed by the attorney general under the public information shall be established by rules prescribed by the attorney general under the public information shall be established by rules prescribed by the attorney general under Sections 552.262(a) and (b). Sections 552.262(a) and (b). (f)If the governmental body determines that additional time is required to prepare the written estimate (f)If the governmental body determines that additional time is required to prepare the written estimate (f)If the governmental body determines that additional time is required to prepare the written estimate under Subsection (e) and provides the requestor with a written statement of that determination, the under Subsection (e) and provides the requestor with a written statement of that determination, the under Subsection (e) and provides the requestor with a written statement of that determination, the governmental body must provide the written statement under that subsection as soon as practicable, governmental body must provide the written statement under that subsection as soon as practicable, governmental body must provide the written statement under that subsection as soon as practicable, but on or before the 10th day after the date the governmental body provided the statement under but on or before the 10th day after the date the governmental body provided the statement under but on or before the 10th day after the date the governmental body provided the statement under this subsection. this subsection. (g)If a governmental body provides a requestor with the written statement under Subsection (e), the (g)If a governmental body provides a requestor with the written statement under Subsection (e), the (g)If a governmental body provides a requestor with the written statement under Subsection (e), the governmental body is not required to produce public information for inspection or duplication or governmental body is not required to produce public information for inspection or duplication or governmental body is not required to produce public information for inspection or duplication or to provide copies of public information in response to the requestor’s request unless on or before to provide copies of public information in response to the requestor’s request unless on or before to provide copies of public information in response to the requestor’s request unless on or before the 10th day after the date the governmental body provided the written statement under that the 10th day after the date the governmental body provided the written statement under that the 10th day after the date the governmental body provided the written statement under that subsection, the requestor submits a statement in writing to the governmental body in which the subsection, the requestor submits a statement in writing to the governmental body in which the subsection, the requestor submits a statement in writing to the governmental body in which the requestor commits to pay the lesser of: requestor commits to pay the lesser of: (1)the actual costs incurred in complying with the requestor’s request, including the cost of (1)the actual costs incurred in complying with the requestor’s request, including the cost of(1)the actual costs incurred in complying with the requestor’s request, including the cost of (1)the actual costs incurred in complying with the requestor’s request, including the cost of materials and personnel time and overhead; or materials and personnel time and overhead; or (2)the amount stated in the written statement provided under Subsection (e). (2)the amount stated in the written statement provided under Subsection (e).(2)the amount stated in the written statement provided under Subsection (e). 2012 Public Information Handbook • Office of the Attorney General Town CouncilPage 66 of 103Meeting Date: May 21, 2012 231 Text of the Texas Public Information Act (h)If the requestor fails or refuses to submit the written statement under Subsection (g), the requestor (h)If the requestor fails or refuses to submit the written statement under Subsection (g), the requestor (h)If the requestor fails or refuses to submit the written statement under Subsection (g), the requestor is considered to have withdrawn the requestor’s pending request for public information. is considered to have withdrawn the requestor’s pending request for public information. (i)This section does not prohibit a governmental body from providing a copy of public information (i)This section does not prohibit a governmental body from providing a copy of public information (i)This section does not prohibit a governmental body from providing a copy of public information without charge or at a reduced rate under Section 552.267 or from waiving a charge for providing without charge or at a reduced rate under Section 552.267 or from waiving a charge for providing without charge or at a reduced rate under Section 552.267 or from waiving a charge for providing a copy of public information under that section. a copy of public information under that section. (j)This section does not apply if the requestor is and individual who, for a substantial portion of the (j)This section does not apply if the requestor is and individual who, for a substantial portion of the (j)This section does not apply if the requestor is and individual who, for a substantial portion of the individual’s livelihood or for substantial financial gain, gathers, compiles, prepares, collects, individual’s livelihood or for substantial financial gain, gathers, compiles, prepares, collects, individual’s livelihood or for substantial financial gain, gathers, compiles, prepares, collects, photographs, records, writes, edits, reports, investigates, processes, or publishes news or photographs, records, writes, edits, reports, investigates, processes, or publishes news or photographs, records, writes, edits, reports, investigates, processes, or publishes news or information for and is seeking the information for: information for and is seeking the information for: (1)a radio or television broadcast station that holds a broadcast license for an assigned frequency (1)a radio or television broadcast station that holds a broadcast license for an assigned frequency(1)a radio or television broadcast station that holds a broadcast license for an assigned frequency (1)a radio or television broadcast station that holds a broadcast license for an assigned frequency issued by the Federal Communications Commission; issued by the Federal Communications Commission; (2)a newspaper that is qualified under Section 2051.044 to publish legal notices or is a free (2)a newspaper that is qualified under Section 2051.044 to publish legal notices or is a free(2)a newspaper that is qualified under Section 2051.044 to publish legal notices or is a free (2)a newspaper that is qualified under Section 2051.044 to publish legal notices or is a free newspaper of general circulation and that is published at least once a week and available and newspaper of general circulation and that is published at least once a week and available and newspaper of general circulation and that is published at least once a week and available and of interest to the general public in connection with the dissemination of news; of interest to the general public in connection with the dissemination of news; (3)a newspaper of general circulation that is published on the Internet by a news medium (3)a newspaper of general circulation that is published on the Internet by a news medium(3)a newspaper of general circulation that is published on the Internet by a news medium (3)a newspaper of general circulation that is published on the Internet by a news medium engaged in the business of disseminating news or information to the general public; or engaged in the business of disseminating news or information to the general public; or (4)a magazine that is published at least once a week or on the Internet by a news medium (4)a magazine that is published at least once a week or on the Internet by a news medium(4)a magazine that is published at least once a week or on the Internet by a news medium (4)a magazine that is published at least once a week or on the Internet by a news medium engaged in the business of disseminating news or information to the general public. engaged in the business of disseminating news or information to the general public. (k)This section does not apply if the requestor is an elected official of the United States, this state, or (k)This section does not apply if the requestor is an elected official of the United States, this state, or (k)This section does not apply if the requestor is an elected official of the United States, this state, or a political subdivision of this state. a political subdivision of this state. (l)This section does not apply if the requestor is a representative of a publicly funded legal services (l)This section does not apply if the requestor is a representative of a publicly funded legal services (l)This section does not apply if the requestor is a representative of a publicly funded legal services organization that is exempt from federal income taxation under Section 501(a), Internal Revenue organization that is exempt from federal income taxation under Section 501(a), Internal Revenue organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as amended, by being listed as an exempt entity under Section 501(c)(3) of that Code of 1986, as amended, by being listed as an exempt entity under Section 501(c)(3) of that Code of 1986, as amended, by being listed as an exempt entity under Section 501(c)(3) of that code. code. SUBCHAPTER G. ATTORNEY GENERAL DECISIONS § 552.301. Request for Attorney General Decision (a)A governmental body that receives a written request for information that it wishes to withhold from public disclosure and that it considers to be within one of the exceptions under Subchapter C must ask for a decision from the attorney general about whether the information is within that exception if there has not been a previous determination about whether the information falls within one of the exceptions. (a-1)For the purposes of this subchapter, if a governmental body receives a written request by United States mail and cannot adequately establish the actual date on which the governmental body 2012 Public Information Handbook • Office of the Attorney General Town CouncilPage 67 of 103Meeting Date: May 21, 2012 232 How the Public Information Act Works 222 within the required time, the request is considered received on the date the payment is made. Additionally, a governmental body is not required to comply with a new request if a requestor owes more than $100.00 on unpaid charges for previous requests for which the requestor was provided, 223 and accepted, an appropriate statement of estimated charges. In such cases, the governmental body may require the requestor to pay the unpaid amounts, as well as pay in advance for the instant request 224 before complying with that request. All unpaid charges must be duly documented. In addition to the statement of estimated charges required when a request will exceed $40.00, a governmental body is also required to provide a statement when it determines that (a) a request will require programming and/or manipulation of data, and (b) complying with the request is not feasible or will substantially interfere with the governmental body’s ongoing operation; or (c) the request can 225 only be fulfilled at a cost that covers the programming and/or manipulation of data. Governmental bodies are cautioned that a statement under section 552.231, unlike section 552.2615, is not contingent on the charges being over a certain amount. Rather, the statement is mandated if the requisite conditions are present. The statement must include that the information is not available in the form requested, in which form it is available, any contracts or services needed to put the information in the form requested, the estimated charges calculated in accordance with the rules promulgated by the attorney general, and the estimated time of completion to provide the information 226 in the form requested. On provision of the statement, the governmental body is not required to provide the information in the form requested unless the requestor states, in writing, that the requestor agrees with the estimated charges and time parameters, or that the requestor will accept 227 the information in the form that is currently available. If the requestor fails to respond to the 228 statement in writing within 30 days, the request is considered withdrawn. F.Cost Provisions Regarding Requests that Require a Large Amount ofF.Cost Provisions Regarding Requests that Require a Large Amount ofF.Cost Provisions Regarding Requests that Require a Large Amount of F.Cost Provisions Regarding Requests that Require a Large Amount of Personnel TimePersonnel Time Section 552.275 authorizes a governmental body to establish a reasonable limit, not less than 36 Section 552.275 authorizes a governmental body to establish a reasonable limit, not less than 36 Section 552.275 authorizes a governmental body to establish a reasonable limit, not less than 36 hours in a 12-month period, on the amount of time that personnel are required to spend producing hours in a 12-month period, on the amount of time that personnel are required to spend producing hours in a 12-month period, on the amount of time that personnel are required to spend producing public information for inspection or copies to a requestor, without recovering the costs attributable public information for inspection or copies to a requestor, without recovering the costs attributable public information for inspection or copies to a requestor, without recovering the costs attributablepublic information for inspection or copies to a requestor, without recovering the costs attributable public information for inspection or copies to a requestor, without recovering the costs attributable 229 229 to the personnel time related to that requestor. If a governmental body chooses to establish a time to the personnel time related to that requestor. If a governmental body chooses to establish a timeto the personnel time related to that requestor. If a governmental body chooses to establish a timeto the personnel time related to that requestor. If a governmental body chooses to establish a timeto the personnel time related to that requestor. If a governmental body chooses to establish a timeto the personnel time related to that requestor. If a governmental body chooses to establish a time to the personnel time related to that requestor. If a governmental body chooses to establish a time limit under this section, a requestor will be required to compensate the governmental body for the limit under this section, a requestor will be required to compensate the governmental body for the limit under this section, a requestor will be required to compensate the governmental body for the costs incurred in satisfying subsequent requests once the time limit has been reached. A limit under costs incurred in satisfying subsequent requests once the time limit has been reached. A limit under costs incurred in satisfying subsequent requests once the time limit has been reached. A limit under this section does not apply if the requestor is an elected official of the United States, the State of this section does not apply if the requestor is an elected official of the United States, the State of this section does not apply if the requestor is an elected official of the United States, the State of Texas, or a political subdivision of the State of Texas; or a representative of (a) a radio or television Texas, or a political subdivision of the State of Texas; or a representative of (a) a radio or television 222 § 552.263(e). Id. 223 § 552.263(c). Id. 224 § 552.263(d). Id. 225 § 552.231(a). Id. 226 § 552.231(b). Id. 227 § 552.231(d). Id. 228 § 552.231(d-1). Id. 229 . § 552.275(a), (b). Id 2012 Public Information Handbook • Office of the Attorney General Town CouncilPage 68 of 103Meeting Date: May 21, 2012 54 How the Public Information Act Works station that holds a license issued by the Federal Communications Commission; (b) a newspaper that station that holds a license issued by the Federal Communications Commission; (b) a newspaper that station that holds a license issued by the Federal Communications Commission; (b) a newspaper that is qualified under section 2051.044 of the Government Code to publish legal notices or is a free is qualified under section 2051.044 of the Government Code to publish legal notices or is a free is qualified under section 2051.044 of the Government Code to publish legal notices or is a free newspaper of general circulation that is published at least once a week and available and of interest newspaper of general circulation that is published at least once a week and available and of interest newspaper of general circulation that is published at least once a week and available and of interest to the general public in connection with the dissemination of news; (c) a newspaper of general to the general public in connection with the dissemination of news; (c) a newspaper of general to the general public in connection with the dissemination of news; (c) a newspaper of general circulation that is published on the Internet by a news medium engaged in the business of circulation that is published on the Internet by a news medium engaged in the business of circulation that is published on the Internet by a news medium engaged in the business of disseminating news or information to the general public; (d) a magazine that is published at least disseminating news or information to the general public; (d) a magazine that is published at least disseminating news or information to the general public; (d) a magazine that is published at least once a week or on the Internet by a news medium engaged in the business of disseminating news or once a week or on the Internet by a news medium engaged in the business of disseminating news or once a week or on the Internet by a news medium engaged in the business of disseminating news or information to the general public; or (e) a publicly funded legal services organization that is exempt information to the general public; or (e) a publicly funded legal services organization that is exempt information to the general public; or (e) a publicly funded legal services organization that is exempt from federal income taxation by being listed as a “501(c)(3) entity” under section 501(a) of the from federal income taxation by being listed as a “501(c)(3) entity” under section 501(a) of the from federal income taxation by being listed as a “501(c)(3) entity” under section 501(a) of the 230 230 Internal Revenue Code of 1986. Section 552.275 does not replace or supercede other sections, and Internal Revenue Code of 1986. Section 552.275 does not replace or supercede other sections, andInternal Revenue Code of 1986. Section 552.275 does not replace or supercede other sections, andInternal Revenue Code of 1986. Section 552.275 does not replace or supercede other sections, and Internal Revenue Code of 1986. Section 552.275 does not replace or supercede other sections, and it does not preclude a governmental body from charging labor for a request for copies or a request it does not preclude a governmental body from charging labor for a request for copies or a request it does not preclude a governmental body from charging labor for a request for copies or a request for inspection for which a charge is authorized under other sections of this law. for inspection for which a charge is authorized under other sections of this law. On establishing the time limit, a governmental body must make it clear to all requestors that the limit On establishing the time limit, a governmental body must make it clear to all requestors that the limit On establishing the time limit, a governmental body must make it clear to all requestors that the limit applies to all requestors equally, except as provided by the exemptions of subsections (j), (k), and applies to all requestors equally, except as provided by the exemptions of subsections (j), (k), and applies to all requestors equally, except as provided by the exemptions of subsections (j), (k), and (l). A governmental body that avails itself of section 552.275 must provide a requestor with a (l). A governmental body that avails itself of section 552.275 must provide a requestor with a (l). A governmental body that avails itself of section 552.275 must provide a requestor with a statement detailing the time spent in complying with the instant request and the cumulative amount statement detailing the time spent in complying with the instant request and the cumulative amount statement detailing the time spent in complying with the instant request and the cumulative amountstatement detailing the time spent in complying with the instant request and the cumulative amount statement detailing the time spent in complying with the instant request and the cumulative amount 231 231 of time the requestor has accrued towards the established limit. A governmental body may not of time the requestor has accrued towards the established limit. A governmental body may notof time the requestor has accrued towards the established limit. A governmental body may notof time the requestor has accrued towards the established limit. A governmental body may notof time the requestor has accrued towards the established limit. A governmental body may notof time the requestor has accrued towards the established limit. A governmental body may not of time the requestor has accrued towards the established limit. A governmental body may notof time the requestor has accrued towards the established limit. A governmental body may not of time the requestor has accrued towards the established limit. A governmental body may not 232 232 charge for the time spent preparing the statement. If a requestor meets or exceeds the established charge for the time spent preparing the statement. If a requestor meets or exceeds the establishedcharge for the time spent preparing the statement. If a requestor meets or exceeds the establishedcharge for the time spent preparing the statement. If a requestor meets or exceeds the establishedcharge for the time spent preparing the statement. If a requestor meets or exceeds the establishedcharge for the time spent preparing the statement. If a requestor meets or exceeds the established charge for the time spent preparing the statement. If a requestor meets or exceeds the established limit, the governmental body may assess charges for labor, overhead, and material for all subsequent limit, the governmental body may assess charges for labor, overhead, and material for all subsequent limit, the governmental body may assess charges for labor, overhead, and material for all subsequent requests. The governmental body is required to provide a written estimate within ten business days requests. The governmental body is required to provide a written estimate within ten business days requests. The governmental body is required to provide a written estimate within ten business days of receipt of the request, even if the estimated total will not exceed $40.00. All charges assessedof receipt of the request, even if the estimated total will not exceed $40.00. All charges assessed of receipt of the request, even if the estimated total will not exceed $40.00. All charges assessed of receipt of the request, even if the estimated total will not exceed $40.00. All charges assessed 233 233 under section 552.275 must be in compliance with the rules promulgated by the attorney general. under section 552.275 must be in compliance with the rules promulgated by the attorney general.under section 552.275 must be in compliance with the rules promulgated by the attorney general. G.Complaints Regarding Alleged Overcharges Estimates are, by their very nature, imperfect. Therefore, governmental bodies are encouraged to run tests on sample data and to rely on the results of those tests in calculating future charges. Returning to the examples presented previously, the governmental body correctly used its experience with one year of information to craft a “good faith estimate” for ten years’ worth of information. However, even when a governmental body has taken steps to insure that a charge is appropriate, a requestor may still believe that the charges are too high. Section 552.269 states that a requestor who believes he or she has been overcharged may lodge a complaint with the Office of the Attorney 234 General. The Cost Rules Administrator at the Office of the Attorney General reviews, investigates, and makes determinations on complaints of overcharges. Complaints must be received within ten business days after the requestor knows of the alleged overcharge, and must include a copy of the original request, and any amendments thereto, as well as a copy of any correspondence 230 . § 552.275(j)). Id 231 . § 552.275(d). Id 232 Id. 233 . § 552.275(e). Id 234 § 552.269(a). Id. 2012 Public Information Handbook • Office of the Attorney General Town CouncilPage 69 of 103Meeting Date: May 21, 2012 55 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2012-235-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/15/2012 In control:Town Council On agenda:5/21/2012 Final action: Title:Consider and take appropriate action regarding scheduling a Council Retreat. Attachments: DateVer.Action ByActionResult TITLE Consider and take appropriate action regarding scheduling a Council Retreat. Town CouncilPage 70 of 103Meeting Date: May 21, 2012 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2012-228-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/15/2012 In control:Town Council On agenda:5/21/2012 Final action: Title:Consider and take appropriate action regarding financial and variance reports dated March and April 2012. Attachments:March 2012 Town Financials.pdf April 2012 Town Financials.pdf DateVer.Action ByActionResult TITLE Consider and take appropriate action regarding financial and variance reports dated March and April 2012. Town CouncilPage 71 of 103Meeting Date: May 21, 2012 Town CouncilPage 72 of 103Meeting Date: May 21, 2012 Town CouncilPage 73 of 103Meeting Date: May 21, 2012 GENERAL FUND March2012 6/12 Months (50% of Fiscal Year) REVENUES Property Taxes – Property taxes are billed and due in October. Most payments are received in December and January before they become delinquent on February 1.During the fiscal year, the st Denton Central Appraisal District (DCAD) makes supplemental assessments. Those assessments are billed by Denton County. Sales Tax – As shown below, the Town’s total current year to date sales tax collections exceed the prior year to date sales tax collections by $85,739 (14.8%). Year to Date Sales Tax Collections Increase FY 2011FY 2012(Decrease) Total$577,680$663,419$85,739 Below is a chart comparing sales tax collections for the prior and current years by month. The amounts illustrated represent total sales tax collections which include portions for the general fund (50%), EDC 4A (25%) and 4B (12.5%), and the street maintenance fund (12.5%). Current year sales tax collections have exceeded prior year collections in all months except October. (Additional Note: Aprilcollections are for FebruarySales) Sales Tax Collections $140,000.00 $120,000.00 $100,000.00 $80,000.00 FY 2011 $60,000.00 FY 2012 $40,000.00 $20,000.00 $- OctNovDecJanFebMarApr Town CouncilPage 74 of 103Meeting Date: May 21, 2012 Franchise Taxes– Franchise fees include payments for electric, gas,telecommunication,and cable services, as well as, waste collection. Most franchise fees are received quarterly. Atmos Gas, Oncor/TXU, and Tri-County Electric franchises are paid on an annual basisin early spring. The actual year to date revenue includes the monthly franchise paymentsfromAllied Waste. Developer Fees – Developer agreements include charges (fees) to cover the cost of inspection associated with project infrastructure.Development fees projected for the current fiscal year are anticipated to come from phases 3, 6, and 7 of The Highlands in addition to phases of Waters Edge at Hogan’s Glen and Canterbury Hills. MUD Service Contract– The first installmentof the annual payment was received in December 2011. EXPENDITURES Police – Expenditures for overtime are projected to go over budget for the year because oftraffic control needs due to construction. However, there are some offsetting savings in the department for fuel and personnel that will mitigate this anticipated overage. Community Events – Unanticipated purchase of new fixtures for Christmas event and additional supplies for Easter event. Planning & Zoning – Engineering expendituresat mid-yearare higher than anticipated due to continued development, specifically for plats requiring a higher level of engineering due to close proximity to flood plain (Waters Edge at Hogan’s Glen). Engineering expenditureswillexceed the budgeted amount by fiscal year-end and this willcause the department to exceed its budgeted amount and a budget amendment will benecessarylater in the year. Finance – Annual audit fee has already been paid. Facilities Management - The Town’s annual property insurance premium, which was paid monthly in the prior fiscal year, was paid for in full under Facilities Management in order to take advantage of an early payment discount. (This expenditure represents 55% of the department’s budget.) Town CouncilPage 75 of 103Meeting Date: May 21, 2012 Town CouncilPage 76 of 103Meeting Date: May 21, 2012 Town CouncilPage 77 of 103Meeting Date: May 21, 2012 TROPHY CLUB PARK FUND March2012 6/12 Months (50% of Fiscal Year) REVENUES Park Revenue – Due to heavy rains, the park was closed several weekends during the first quarter.Revenues, however, are expected to meet the annual projection by fiscal year-end. EXPENDITURES Park Expenditures – Use of the park is seasonal and expenditures are not anticipated to exceed year-end revenues. Town CouncilPage 78 of 103Meeting Date: May 21, 2012 Town CouncilPage 79 of 103Meeting Date: May 21, 2012 Town CouncilPage 80 of 103Meeting Date: May 21, 2012 GENERAL FUND April2012 7/12 Months (58.3% of Fiscal Year) REVENUES Property Taxes – Property taxes are billed and due in October. Most payments are received in December and January before they become delinquent on February 1.During the fiscal year, the st Denton Central Appraisal District (DCAD) makes supplemental assessments. Those assessments are billed by Denton County. Sales Tax – As shown below, the Town’s total current year-to-date sales tax collections exceed the prior year-to-date sales tax collections by $96,339 (16.7%). Year to Date Sales Tax Collections Increase FY 2011FY 2012(Decrease) Total$577,680$773,617$96,339 Below is a chart comparing sales tax collections for the prior and current years by month. The amounts illustrated represent total sales tax collections which include portions for the general fund (50%), EDC 4A (25%) and 4B (12.5%), and the street maintenance fund (12.5%). Current year sales tax collections have exceeded prior year collections in all months except October. (Additional Note: Maycollections are for March sales.) Sales Tax Collections $140,000.00 $120,000.00 $100,000.00 $80,000.00 FY 2011 $60,000.00 FY 2012 $40,000.00 $20,000.00 $- OctNovDecJanFebMarAprMay Town CouncilPage 81 of 103Meeting Date: May 21, 2012 Licenses & Permits– The annual electric and gas franchise payments have not yet been received. Building permitrevenuehasnow exceeded thebudgeted projection by $58,800 (10.7%). Fines &Fees – Developer fee revenue is expected to exceed the budgeted projection and is currently at 77% of its budgeted projection. Recreation related revenues are expected to increase significantly during the late spring and early summer. EXPENDITURES Community Events – Unanticipated purchase of new fixtures for Christmas event and additional supplies for Easter event. Planning & Zoning – Engineering expenditures at mid-year are higher than anticipated due to continued development, specifically for plats requiring a higher level of engineering due to close proximity to flood plain (Waters Edge at Hogan’s Glen). Engineering expenditures will exceed the budgeted amount by fiscal year-end and this will cause the department to exceed its budgeted amount and a budget amendment will be necessary later in the year. Finance – Annual audit fee has already been paid. Facilities Management - The Town’s annual property insurance premium, which was paid monthly in the prior fiscal year, was paid for in full under Facilities Management in order to take advantage of an early payment discount. (This expenditure represents 55% of the department’s budget.) Town CouncilPage 82 of 103Meeting Date: May 21, 2012 Town CouncilPage 83 of 103Meeting Date: May 21, 2012 Town CouncilPage 84 of 103Meeting Date: May 21, 2012 TROPHY CLUB PARK FUND April2012 7/12 Months (58.3% of Fiscal Year) REVENUES Park Revenue – Due to heavy rains, the park was closed several weekends during the first quarter. Revenues, however, are expected to meet the annual projection by fiscal year-end. EXPENDITURES Park Expenditures – Use of the park is seasonal and expenditures are not anticipated to exceed year-end revenues. Town CouncilPage 85 of 103Meeting Date: May 21, 2012 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2012-229-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/15/2012 In control:Town Council On agenda:5/21/2012 Final action: Title:Town Council Liaison Updates; discussion of same: - May 8, 2012 Parks and Recreation Board; Council member Tiffany - May 15, 2012 TCMUD No. 1; Council member Rose Attachments: DateVer.Action ByActionResult TITLE Town Council Liaison Updates; discussion of same: - May 8, 2012 Parks and Recreation Board; Council member Tiffany - May 15, 2012 TCMUD No. 1; Council member Rose Town CouncilPage 86 of 103Meeting Date: May 21, 2012 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2012-230-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/15/2012 In control:Town Council On agenda:5/21/2012 Final action: Title:Town Manager Slye's update regarding the following; discussion of same: - Change Order - Drought Restrictions - Water Tower - ORR Hourly Report - Transportation Attachments:ORR Activity Report - FY2012.pdf DateVer.Action ByActionResult TITLE Town Manager Slye's update regarding the following; discussion of same: - Change Order - Drought Restrictions - Water Tower - ORR Hourly Report - Transportation Town CouncilPage 87 of 103Meeting Date: May 21, 2012 Request Total Task Total Task Submitted#Descriptiontimetime 10/6/2011787trophy club harmony park landscaping 8/8/200110:15:00 10/6/20117889-28-11 not 9-27-11 Location of accident/incident: 0:30:00 10/6/2011789I hereby request all recordings, minutes, videotapes and audiotapes of the Town 1:00:00 10/6/2011790I am requesting info on all types of Commercial & Residential Building Permits from 0:30:00 10/6/2011791With regard to ORR 10 - Lab reports for TC 3:15:00 10/6/2011792Police report during homecoming dance last weekend 10/11:00:00 10/7/2011793My wife & I are interested in acquiring single family permitting information for 0:30:00 10/7/2011794I'd like to receive copies of any input submitted to Carolyn on the 26 acre PD 0:45:00 10/12/2011795I am requesting info on all types of Commercial & Residential Building Permits from 0:30:00 10/12/2011796Request for a complete set of building plans for Trophy Club, TX 762620:30:00 10/12/2011797Record of driving tickets 0:15:00 10/12/2011798#1 Residential building permits issued from 2/1/11 to 9/30/11.0:45:00 10/14/2011799Please advise filing information and forms for running for elected office in the next 0:15:00 10/14/2011800background check on 0:30:00 10/17/2011801RE: Request for Defensive Driving Violation List “DSC” 0:15:00 10/17/2011802I am requesting the pool permit requests for July, Aug, and Sept. 2011 0:30:00 10/17/2011803Plat copies of Waters Edge at Hogan's Glen, phase 2B-1 and 2B-2, canterbury hills, 1:15:00 10/18/2011804I am requesting info on all types of Commercial & Residential Building Permits from 0:30:00 10/18/2011805Need copy of blue prints for 0:45:00 10/18/2011806Please send commercial, pools, residential remodels, single family permit report 0:15:00 10/19/2011807CPS is conducting an investigation and is requesting any calls to the residence or 3:30:00 10/21/2011808 In accordance with the Texas Public Information Act, Chapter 552 of the Texas 0:45:00 10/31/2011810I am requesting info on all types of Commercial & Residential Building Permits from 0:00:00 10/31/2011811Requesting (seconds) building inspection sign offs on plumbing, closing of walls, 0:30:00 10/31/2011812The dates would be from March 15, 2009 to present day, October 26, 2011.0:30:00 11/3/2011813audiotapes of the Oct. 20 meeting 0:15:00 11/4/2011814background check 1:00:00 11/4/2011815Oct 10th 2011 Location of accident/incident: Byron Nelson High School Stadium 0:45:00 11/4/2011816Please provide your listing of people who have requested defensive driving classes 0:30:00 11/4/2011817I am requesting info on all types of Commercial & Residential Building Permits from 0:30:00 11/4/2011818I'd like to request the following information as it relates to Animal Control. Any 0:15:00 11/4/2011819Lakeside Drive, Trophy Club, TX Description of Information Requested: Would like 0:30:00 11/4/20118209-28-11 Location of accident/incident: Description of Information Requested: 0:30:00 11/4/20118219/27/11 Location of accident/incident: Description of Information Requested: Copy 0:15:00 11/9/2011822Probable Cause Affidavit and accompanying narrative for Assault Causes Bodily 0:45:00 11/9/2011823I am requesting info on all types of Commercial & Residential Building Permits from 0:30:00 11/9/2011824I am in request of information regarding your current waste contract and original 0:15:00 11/11/2011825Disposition on all failure to appears in trophy club Thank you.0:30:00 11/14/2011826I am requesting info on all types of Commercial & Residential Building Permits from 0:30:00 11/14/2011827May 11, 2011 Location of accident/incident: 0:30:00 11/15/2011828Blue prints of 0:45:00 11/15/2011829I needed the get the General contractor information, full name address and phone 0:30:00 11/17/2011830background check for0:45:00 11/17/2011831Complainant filed 0:15:00 11/21/2011832Please send commercial, pools, residential, single family permit report with 0:15:00 Town CouncilPage 88 of 103Meeting Date: May 21, 2012 Request Total Task Total Task Submitted#Descriptiontimetime 11/21/2011833I'm requesting a copy of the current agreement/contract that the town has with 0:15:00 11/21/2011834RE: Request for Defensive Driving Violation List “DSC” or who have been required 0:30:00 11/21/2011835Traffic tickets/ordinance viloation and payment information0:30:00 12/5/2011836A percentage of total gas production revenue flows to our town and appears in the 0:15:00 12/5/2011837I am requesting info on all types of Commercial & Residential Building Permits from 0:30:00 12/5/2011838In follow up, I would like to request the monthly reports as outlined Section 3 0:15:00 12/5/2011839Requesting any and all documents advertising or posting employment 0:30:00 12/5/2011840I am assuming there was an audiotape done of the P & Z meeting from Nov 17th?0:30:00 12/5/2011841background check on 0:45:00 12/5/2011842I am requesting info on all types of Commercial & Residential Building Permits from 0:30:00 12/6/2011844Please provide all available personnel information 0:45:00 12/12/2011845I am requesting info on all types of Commercial & Residential Building Permits from 0:30:00 12/12/2011846Requesting full disposition to enlist into the US Navy0:30:00 12/12/2011847background check0:45:00 12/12/2011848December 1, 2011 Location of accident/incident: Trophy Club Country Club 0:30:00 12/12/2011849proposed final plats0:15:00 12/19/2011851Please send commercial, pools, residential single family permit report with 0:15:00 12/19/2011852I am requesting info on all types of Commercial & Residential Building Permits from 0:30:00 12/19/2011853I am requesting a list of all city staff members, their position and their annual 0:45:00 12/19/2011853I am requesting a list of all MUD staff members, board members, their position and 0:45:00 12/20/2011854Copy of police report 1112-00051:00:00 12/20/20118550:15:00 12/27/2011857Could you please provide me with information on the following projects:0:15:00 12/27/2011858Report Number: 1112-00290:15:00 12/27/20118590:30:00 12/27/2011860We’d like to request under applicable open records laws a copy of any dash camera 0:15:00 12/27/2011861I am requesting info on all types of Commercial & Residential Building Permits from 0:15:00 12/27/20118621. Are property taxes paid on the 13.1 acres dedicated to gas drilling and if so how 0:15:00 12/27/2011863Parking ordinance 0:15:00 12/29/2011864Description of Information Requested: Requesting copies of reports on dog bite0:15:00 12/29/2011865October 18, 2010 Location of accident/incident: 0:15:00 12/30/20118660:15:00 12/30/2011867Report 1112-00290:30:00 1/3/2012869I am requesting info on all types of Commercial & Residential Building Permits from 0:30:00 1/3/2012870Report Number: 1112-00290:15:00 1/3/2012871 A individual ran into one of the brick columns at the office and has caused damage. 0:15:00 1/9/2012872On behalf of the Texas Humane Legislation Network, I am requesting information 0:15:00 1/9/20128730:15:00 1/9/2012874All emails between November and today to council or staff that SUPPORTS or is in 28:00:00 1/9/20128750:15:00 1/9/20128760:15:00 1/9/2012877I am requesting info on all types of Commercial & Residential Building Permits from 0:30:00 1/9/2012878Report Number: 1112-00360:15:00 1/9/2012879Request Patrol Car Video (Unit 1200)1:15:00 1/11/2012880request a copy of the email referenced by Larry Hoover last night in which he 0:30:00 Town CouncilPage 89 of 103Meeting Date: May 21, 2012 Request Total Task Total Task Submitted#Descriptiontimetime 1/17/2012881Please accept this as an open records request for the individuals who have 0:30:00 1/17/2012882Please send commercial, pools, residential single family permit report with 0:15:00 1/18/2012883Date of accident/incident: January 9, 2012 Location of accident/incident: home 0:30:00 1/18/2012884All requests for building Permits for new construction and remodeling the last 6 0:30:00 1/18/2012885I need to review the town ordinances in regard to solictors and canvasors. I cannot 0:15:00 1/18/2012886I am requesting info on all types of Commercial & Residential Building Permits from 0:30:00 1/18/2012887I would like to request the video/audio tape for two traffic stops: Sunday, Jan 8th 0:15:00 1/18/20128880:15:00 1/18/2012889My initial request for this information was to the Mayor back at the end of 0:30:00 1/18/20128900:15:00 1/18/2012891Reports from 1996 that relate to 0:15:00 1/18/2012892Report 1201-00040:15:00 1/18/2012893Report 1201-00020:30:00 1/18/2012894Any and all police reports on 1:00:00 1/18/20128952 DVDs of the Jan 9 Town Council meeting0:15:00 1/18/2012896One DVD recording of the Jan 16 Town Council workshop.0:15:00 1/21/2012897Record request for any juvenile traffic violations for Military background check 0:30:00 1/21/2012898request for 1112-00280:45:00 1/21/20128992:00:00 1/21/2012900Please accept this email as an open records request. I’m an engineer assessing the 2:45:00 1/23/2012901Dates: June 1, 2011 to January 20, 20125:00:00 1/23/2012902I am requesting info on all types of Commercial & Residential Building Permits from 0:30:00 1/23/20129031:30:00 1/23/2012904Survey plat of property, 14 Overhill Drive, Trophy Club, only is needed.0:15:00 1/25/2012905I need a copy of the complaint a copy of the supporting afadavit and a copy of the 1:00:00 1/31/2012908Re-roof permits submitted for the last 6 months.0:15:00 1/31/20129091:15:00 1/31/2012910I am formally requesting copies of the construction drawings and specifications for 0:30:00 1/31/2012911I am requesting info on all types of Commercial & Residential Building Permits from 0:15:00 1/31/201291209-27-2011, 10-23-2011 Location of accident/incident: Trophy Club Description of 1:00:00 2/1/2012913Report Number: 120100330:45:00 2/2/2012914Requesting report - 12-00202230:30:00 2/6/2012915I am requesting info on all types of Commercial & Residential Building Permits from 0:15:00 2/6/2012916When you get a chance can you give me the list of speakers (for and against) at the 0:15:00 2/6/2012917 If not we are only seeking from Schools, business, cities and law enforcement:0:30:00 2/8/2012918Auto Accident Request0:45:00 2/10/2012919Request for Single Detailed Report (Districts 1.2) at 95 Trophy Club Drive from 1:45:00 2/10/2012920Requesting incident report on 12/7/20111:30:00 2/10/2012921Requesting Bid Tabs for Trophy Club Drive and Trophy Lake Drive Paving Drainage 0:45:00 2/13/2012922I am requesting info on all types of Commercial & Residential Building Permits from 0:30:00 2/14/2012923Description of Information Requested: Video of Traffic Stop1:00:00 2/14/2012924I request the following public information from the City of Trophy Club, the Trophy0:30:00 2/17/2012925Report Number: 1202-00020:30:00 2/20/2012926Please send commercial, pools, residential single family permit report with 0:15:00 2/21/2012927I am requesting info on all types of Commercial & Residential Building Permits from 0:15:00 Town CouncilPage 90 of 103Meeting Date: May 21, 2012 Request Total Task Total Task Submitted#Descriptiontimetime 2/21/2012928We like if possible to get a list of all contractors register in your city.0:30:00 2/22/2012929Need fine amount paid for failure to appear and also that no insurance chiarge was 1:00:00 2/24/20129300:15:00 2/27/2012931I am requesting info on all types of Commercial & Residential Building Permits from 0:15:00 3/2/2012932Requesting copies of pool, arbor and fence permit for 0:15:00 3/2/2012933Request only the body camera video0:30:00 3/2/2012934 Request a copy of the Body Camera Video only0:15:00 3/7/20129350:30:00 3/7/2012936I am requesting info on all types of Commercial & Residential Building Permits from 0:15:00 3/7/2012937Police Report0:45:00 3/7/2012938If I recall correctly, the Town of Trophy Club has some of the original plans for 0:15:00 3/7/20129390:15:00 3/8/2012940I was hoping you could help me locate some financial documents, or perhaps you 0:15:00 3/13/2012941report number 1203 - 0011 1:00:00 3/13/2012942I am requesting info on all types of Commercial & Residential Building Permits from 0:15:00 3/14/2012943Public Police Report for 3/7/12 Around Noon 0:30:00 3/14/20129432001 E Hwy 114 Trophy Club, TX; 2011 Mercedes CLS550;0:30:00 3/14/2012944Pics of Ball Parks, Dog Park, Trophy Club, etc2:15:00 3/15/2012945Could I please have any copies of the retaining wall submittals and corresponding 0:15:00 3/20/2012946Shannon, does the Town have a contract for maintenance for the WinOcular 0:15:00 3/20/2012947I am requesting info on all types of Commercial & Residential Building Permits from 0:15:00 3/26/2012948Please send commercial, pools, residential single family permit report with 0:15:00 3/27/2012949I am requesting info on all types of Commercial & Residential Building Permits from 0:15:00 3/30/2012950Report 1200496850:30:00 3/30/2012951At a recent meeting with the MetroTex Board of Realtors Councilman Larry Hoover 0:30:00 3/30/2012952Can you provide me with the email addresses 0:15:00 3/30/2012953requesting a list of costs for all direst expenses involved with the construction of 0:15:00 4/2/2012954I'd like to request a copy of the town manager's evaluation.0:15:00 4/2/2012955How do I find out who the Council Person is that voted against the passing of the 0:15:00 4/2/2012956I am requesting info on all types of Commercial & Residential Building Permits from 0:15:00 4/4/2012957Comedy Driving Inc. would like to request the names and addresses of individuals 0:15:00 4/4/20129580:15:00 4/5/2012959I am needing to make an open records request to obtain any and all records kept by 0:45:00 4/9/2012960I'd like to make an ORR on the recommeded logo work. 1. At who's direction did 0:15:00 4/9/2012961Can you please make me a copy of the video of the January 26, 2012 Town Council 0:15:00 4/19/2012962I would like to receive a weekly or monthly list of individuals requesting to take 0:15:00 4/19/2012963I am requesting info on all types of Commercial & Residential Building Permits from 0:15:00 4/19/2012964Provided Trophy Club compiles such monthly reports or lists, the January 2011 0:15:00 4/19/2012965PC Affidavit and accompanying narrative for 10/19/1966, arrest date on or about 0:15:00 4/19/2012966Police report filed for incident at my home, 1032 Trophy Club Drive on March 24, 1:45:00 4/19/2012967I am requesting info on all types of Commercial & Residential Building Permits from 0:30:00 4/19/2012968All financials and documents/agreements/contracts for payments,deposits, 0:15:00 4/19/2012969All policies or procedures regarding salaried Town Employees comp time, sick, and 35:45:00 4/19/2012970Can we purchase printed pages of the as built home 0:15:00 4/19/2012971Police Report on theft on Jan 3, 2012 at 0:30:00 Town CouncilPage 91 of 103Meeting Date: May 21, 2012 Request Total Task Total Task Submitted#Descriptiontimetime 4/19/2012972Please send commercial, pools, residential single family permit report with 0:15:00 4/19/2012973Do you have financial reports for each candidate, including MUD?0:15:00 4/19/2012974I would like to receive the entire email address list that this message was sent to by 4:15:00 4/25/2012975I am requesting info on all types of Commercial & Residential Building Permits from 0:15:00 4/28/2012976I’m looking for is for a theft that occurred on 01/03/2012 or 01/04/20120:15:00 4/28/2012977Request all financial revenues and expenditures associated with EMS department 3:30:00 4/28/2012978Report 12-00411110:30:00 4/28/2012979PC Affidavit for Date of Arrest: on or about 3/11/20120:15:00 4/28/2012980The mention of the log and website redesign is in the Town's budget. could you ask 0:30:00 4/28/2012981Report 1204-00170:30:00 4/28/20129821:45:00 4/30/2012983I would like to request information on X. His experience, training, certifications, 10:45:00 4/30/2012984I am requesting info on all types of Commercial & Residential Building Permits from 0:15:00 4/30/2012985Roundabout documentation to include - Mike's reported possible reimbursement 20:30:00 5/1/2012986As per our “telephone tagging” please send a copy of the ordinance.0:15:00 5/1/2012987PC Affidavit and accompanying narrative for related arrest that occured on or about 0:45:00 5/1/2012988This is an open records request for any and all discussions, communications and 4:00:00 5/1/2012989Please provide me with all memos, letters, emails, meeting notes, charts, financial 4:00:00 5/1/2012990I respectfully request copies of the following information: Building Permits Issued 0:15:00 5/1/2012991Incident Report Number: 1204-00330:30:00 5/2/2012992I have filed claims of harassment from XX If you could help me with this 2:15:00 5/3/2012994I'm having trouble opening the budgets from prior years on the website so need 0:45:00 5/3/20129952:30:00 5/4/2012996please provide me a copy of the arrest warrant, probable cause affidavit, and/or 0:30:00 5/5/2012997I would like all agendas, minutes, presentations or any other materials that 7:30:00 5/7/2012998I am requesting info on all types of Commercial & Residential Building Permits from 0:15:00 5/7/2012999I would like to know the exact party that approved looking at a new town logo. I 7:30:00 5/7/201210001:00:00 5/9/201210010:30:00 5/10/20121002We would like last week’s non-emergency requests for city service (potholes, high 0:15:00 5/10/20121003Incident Report Number: 12000268 0:15:00 5/10/20121004Can I get the date of the Roundabout presentation to residents done in around 0:15:00 5/14/20121005I am requesting info on all types of Commercial & Residential Building Permits from 0:15:00 5/16/20121006We are requesting to find out the name of the person or persons that called code 0:15:00 5/16/201210070:45:00 Total Hours105:30:00137:45:00 Town CouncilPage 92 of 103Meeting Date: May 21, 2012 Request Total Task Total Task Submitted#Descriptiontimetime Legend Routine Requests Non-Routine Requests Open Requests Non Routine Requests over 5 Hours Total Number of Requests:216 Total Hours for Routine Requests:105.50 Total Hours for Non-Routine Requests: 137.75 Total Requests for Non-Routine Requests over 5 Hours:6 Number of Requestors for Non-Routine Requests over 5 Hours:4 Hours for Non-Routine Requests over 5 HoursMultiple Requests? Requestor 135.50 Requestor 256.25 Requestor 35.00 Requestor 47.50N Routine:Requests for permitting numbers, police reports, normal requests for information Non-Routine:Requests that come up from a project/situation, etc. Town CouncilPage 93 of 103Meeting Date: May 21, 2012 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2012-231-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/15/2012 In control:Town Council On agenda:5/21/2012 Final action: Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same: - May 9, 2012 Northwest Communities Partnership Meeting - May 17, 2012 Metroport Cities Partnership Attachments: DateVer.Action ByActionResult TITLE Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same: - May 9, 2012 Northwest Communities Partnership Meeting - May 17, 2012 Metroport Cities Partnership Town CouncilPage 94 of 103Meeting Date: May 21, 2012 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2012-232-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/15/2012 In control:Town Council On agenda:5/21/2012 Final action: Title:Items for Future Agendas. Attachments:Future Agenda Items List.pdf DateVer.Action ByActionResult TITLE Items for Future Agendas. Town CouncilPage 95 of 103Meeting Date: May 21, 2012 Town of Trophy Club Town Council Future Agenda Items List 1.Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 2.Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 3.Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 4.Consider and take appropriate action regarding the creation of a“Going Green” initiative throughout the Town. (White, 2/24/2011) 5.Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) 6.Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011) 7.Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011) 8.Consider and take appropriate action regarding splash pad options at Harmony Park, including input/direction from Council toStaff to start construction and have available next summer. (Strother, 8/1/2011) 9.Consider and take appropriate action regarding the possibility of erecting a marquee at the North entrance of the Town and asking the MUD and/or developers to help with the funding.(Cantrell, 11/14/2011) 10.Consider and take appropriate action regarding Food Prep Carts for sporting events and special eventsand to review/update Park Policies (Cantrell, 5/7/2012) Town CouncilPage 96 of 103Meeting Date: May 21, 2012 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2012-233-T Version:1 Name: Type:Agenda Item Status:Executive Session File created:5/15/2012 In control:Town Council On agenda:5/21/2012 Final action: Title:Council to convene into executive session to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings Act Personnel Matters (§551.074(a)(1)): (1) Appointment of Mayor Pro Tem. Attachments: DateVer.Action ByActionResult TITLE Council to convene into executive session to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings Act Personnel Matters (§551.074(a)(1)): (1) Appointment of Mayor Pro Tem. Town CouncilPage 97 of 103Meeting Date: May 21, 2012 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2012-234-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/15/2012 In control:Town Council On agenda:5/21/2012 Final action: Title:Consider and take appropriate action regarding the Executive Session. Attachments: DateVer.Action ByActionResult TITLE Consider and take appropriate action regarding the Executive Session. Town CouncilPage 98 of 103Meeting Date: May 21, 2012 Supplemental Information Town CouncilPage 99 of 103Meeting Date: May 21, 2012 2012 21, May Date: Meeting 103 of 100 Page Council Town 2012 21, May Date: Meeting 103 of 101 Page Council Town Trophy Club Fire Department 4 Year Comparison of Calls Total Number of Calls OctNovDecJanFebMarAprMayJunJulAugSep FY 201269557259717570 FY 2011585742657650556375536777 FY 2010694967527042635954625871 FY 2009605351544645506178605456 Fire Calls OctNovDecJanFebMarAprMayJunJulAugSep FY 20124762302 FY 20111461124647545 FY 2010433480432242 FY 2009244323348788 Service Calls OctNovDecJanFebMarAprMayJunJulAugSep FY 201228131729253421 FY 2011281713201614151516132120 FY 2010322021191012191311231725 FY 20092014119176102024131615 Good Intent Calls OctNovDecJanFebMarAprMayJunJulAugSep FY 20123143735 FY 20112421101479363 FY 20105241102236334 FY 20093311026561744 False Alarms OctNovDecJanFebMarAprMayJunJulAugSep FY 20125552446 FY 201132091337966410 FY 20104410882456646 FY 2009786535559724 EMS Calls OctNovDecJanFebMarAprMayJunJulAugSep FY 201224294023323436 FY 2011243021342527232837263239 FY 2010242029203426343529283034 FY 2009272429272225272636262425 Total Calls YTD Total Calls YTD @ 4/30 500 FY 2012471 450 FY 2011403 400 FY 2010412 350 FY 2009359 300 250 200 150 100 50 0 FY 2012FY 2011FY 2010FY 2009 Town CouncilPage 102 of 103Meeting Date: May 21, 2012