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Complete Agenda Packet - 04/14/2020- (AMENDED)Town Council Town of Trophy Club Meeting Agenda 1 Trophy Wood Drive Trophy Club, Texas 76262 Council Chambers7:00 PMTuesday, April 14, 2020 AMENDED CALL TO ORDER AND ANNOUNCE A QUORUM A quorum of the Town Council will be present through ZOOM Videoconference on Tuesday, April 14, 2020, at 7:00 p.m. PUBLIC COMMENTS (The meeting is available through Facebook at www.facebook.com/trophyclubgov) 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 presentations made to the Council on an item not listed on the agenda. Topics of presentation should be limited to matters over which the Council has authority. To speak on an item, you may email mayorandcouncil@trophyclub.org and include the topic(s) of your statement, which will be read by the presiding officer. ANNOUNCEMENTS AND REPORTS 1.2020-088-T Receive Town Manager Norwood’s update and provide input regarding the following (S. Norwood). ---AMENDED--- *COVID-19 Update *Parks & Recreation Services *Update on PD-30 *Update on Trophy Club Drive *Issuance of Arbor Day Proclamation (Presiding Officer) PRO 2020-03 - Arbor Day.pdfAttachments: CONSENT AGENDA All matters listed under Consent Agenda are 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 addressed individually. Town Council Page 1 of 106 April 14, 2020 April 14, 2020Town Council Meeting Agenda 2.2020-091-T Take appropriate action regarding the Town Council Regular Session Minutes dated February 25, 2020 (L. Vacek). DRAFT-TC Regular Session Minutes February 25 2020.pdfAttachments: 3.2020-122-T Take appropriate action regarding the Town Council Special Session Minutes dated March 31, 2020 (L. Vacek). DRAFT-TC Special Session Minutes March 31 2020.pdfAttachments: 4.2020-126-T Take appropriate action amending Resolution 2020-03 of the Town of Trophy Club, Texas approving the General and Special/Charter Amendment Elections scheduled for May 2, 2020 to be postponed until November 3, 2020 (L. Vacek). RES 2020-09 - Postponing Election Date.pdfAttachments: 5.2020-090-T Take appropriate action regarding a Resolution for the Town Council authorizing amendments to financial institution documents naming authorized Town representatives on the Texas Local Government Investment Pools (TexPool) signature accounts; and providing an effective date (S. Norwood). 2020-090-T - Staff Report - TexPool Signature Changes.4.14.2020.pdf RES 2020-04 - TexPool.pdf TexPool Amending Authorized Signatures.pdf Attachments: 6.2020-103-T Take appropriate action regarding a Resolution for Texas CLASS Investment Pool allowing the Town to invest its funds with Texas CLASS; and providing an effective date (S. Norwood). Texas-CLASS-Registration-Packet-3.24.20.pdf Staff Report - Texas Class Signature Changes 4.14.2020.pdf RES. 2020-05 - Texas CLASS Investment Pool.pdf Attachments: 7.2020-114-T Take appropriate action regarding a request to extend the existing Temporary Use Permit allowing a construction trailer at Medlin Middle School, generally located west of Parkview Drive and south of Marshall Creek Road (S. Norwood). Res No. 2020-06-Medlin.pdf Staff Report-Medlin-4.14.20.pdf Exhibit A - Medlin-Site Layout.pdf Attachments: 8.2020-116-T Take appropriate action regarding the National Incident-Based Reporting System (NIBRS) Justice Assistance Grant Program for the Police Department (S. Norwood). Staff Report - Grant package NIBRS Compliant RMS -2020.pdf RES 2020-07 - NIBRS Compliant RMS Program.pdf Attachments: Town Council Page 2 of 106 April 14, 2020 April 14, 2020Town Council Meeting Agenda 9.2020-123-T Take appropriate action regarding a Resolution, denying the Oncor Distribution Cost Recovery Factor filing; and providing an effective date (S. Norwood). Staff Report - Oncor Denial of DCRF 4.14.2020.pdf RES 2020-08 - Denial of Oncors Distribution Cost Recovery Factor.pdf Attachments: 10.2020-118-T Take appropriate action regarding the new rate order change to the sewer rates only to reflect the same rate adopted by Trophy Club Municipal Utility District No. 1 (S. Norwood). Rate Update April 1, 2020-rate changes.pdf 2020-0316A MUD Rate Order.pdf ORD 2020-05 PID Wastewater Fees.pdf Staff Report - MUD 2020 PID Rate Order Change.pdf Attachments: INDIVIDUAL ITEM(S) To speak on an item, you may email mayorandcouncil@trophyclub.org and include the topic(s) of your statement, which will be read by the presiding officer. 11.2020-124-T Youth Programs Standards of Care Conduct a Public Hearing and take appropriate action regarding an Ordinance renewing Section 108.001, Youth Programs Standards of Care, of Division 1, of Article 108, Parks and Recreation, of Chapter 1, General Provisions, of the Town of Trophy Club Code of Ordinances, and providing an effective date (S. Norwood). Staff Report - Youth Programs Standards of Care.pdf ORD 2020-06 - Youth Programs Standards of Care.pdf Attachments: EXECUTIVE SESSION 2020-127-T Consultation with Town Attorney regarding Artuso vs. Town of Trophy Club in accordance with Local Government Code, Section 551.071. ---AMENDED--- RECONVENE INTO REGULAR SESSION ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Town Council Page 3 of 106 April 14, 2020 April 14, 2020Town Council Meeting Agenda CERTIFICATION I certify that the meeeting agenda was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on April 9, 2020 by 7 p.m. in accordance with Chapter 551, Texas Government Code. Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO If you have a disability that requires special needs, please contact the Town Secretary’s Office at 682-237-2900, or 682-237-2905; 48 hours in advance, and reasonable accommodations will be made to assist you. Town Council Page 4 of 106 April 14, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:22020-088-T Name: Status:Type:Agenda Item Draft File created:In control:2/25/2020 Town Council On agenda:Final action:3/24/2020 Title:Receive Town Manager Norwood’s update and provide input regarding the following (S. Norwood). --- AMENDED--- *COVID-19 Update *Parks & Recreation Services *Update on PD-30 *Update on Trophy Club Drive *Issuance of Arbor Day Proclamation (Presiding Officer) Attachments:PRO 2020-03 - Arbor Day.pdf Action ByDate Action ResultVer. Receive Town Manager Norwood’s update and provide input regarding the following (S. Norwood).---AMENDED--- *COVID-19 Update *Parks & Recreation Services *Update on PD-30 *Update on Trophy Club Drive *Issuance of Arbor Day Proclamation (Presiding Officer) Town Council Page 5 of 106 April 14, 2020 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2020-03 A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, TO RECOGNIZE APRIL 24, 2020 AS ARBOR DAY; RECOGNIZING THAT 2020 IS THE 148TH ANNIVERSARY OF THE HOLIDAY OF ARBOR DAY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS, 2020 is the 148th anniversary of the holiday and Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife, and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify our community, and WHEREAS, trees are a source of joy and spiritual renewal wherever they are planted. NOW, THEREFORE, I, MAYOR PRO TEM SHOFFNER IN CONJUNCTION WITH THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM: April 24, 2020 as Arbor Day Section 1. In the Town of Trophy Club, the Mayor and Council urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and Section 2. The Mayor and Council urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 14th day of April 2020. _______________________________ ________________________________ Leticia Vacek, Town Secretary/RMO Philip Shoffner, Mayor Pro Tem Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 6 of 106 April 14, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-091-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/25/2020 Town Council On agenda:Final action:3/24/2020 Title:Take appropriate action regarding the Town Council Regular Session Minutes dated February 25, 2020 (L. Vacek). Attachments:DRAFT-TC Regular Session Minutes February 25 2020.pdf Action ByDate Action ResultVer. Take appropriate action regarding the Town Council Regular Session Minutes dated February 25, 2020 (L. Vacek). Town Council Page 7 of 106 April 14, 2020 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES TUESDAY, FEBRUARY 25, 2020 7:00 P.M. LOCATION: 1 TROPHY WOOD DRIVE, TROPHY CLUB, TEXAS COUNCIL CHAMBERS The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, February 11, 2020. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Philip Shoffner Mayor Pro Tem Sean Bone Council Member, Place 3 Karl Monger Council Member, Place 4 Michael Geraci Council Member, Place 5 STAFF PRESENT: Steve Norwood Town Manager Mike Erwin Finance Manager Wade Carroll Assistant Town Manager Tony Jaramillo Director of Parks & Recreation David Dodd Town Attorney Jill Lind Communications & Marketing Manager Sharon David Interim Town Secretary Mike Pastor information Services Manager Patrick Arata Police Chief Tommy Uzee Director of Community Development Gary Cochran Interim Fire Chief Steve Zieverink Information Services Specialist The Invocation was offered by Pastor Brooks with Lake Cities Church of Christ. The Pledges to the American Flag and Texas Flag were led by Council Member Geraci. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item, you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. Karen Williams, 2516 Trophy Club Drive, spoke on behalf of the Trophy Club pickleball group. She stated there were a number of players in attendance at tonight’s meeting, as pickleball is the fastest growing sport in America today, ranging in all ages. As of now, Trophy Club has ages ranging from 10 years to 78 years, is extremely easy to pick up and requires little equipment. The two courts at Harmony Park are in constant use, with over 45+ residents reserving the courts on Tuesday, Thursday and Saturday. She shared that due to no dedicated pickleball courts and the long wait time, Trophy Club has lost some players, with holiday peak times overflowing with participants. Byron Nelson High School and Medlin Middle School have formed teams but there are no actual regulation pickleball courts located in Trophy Club, only tennis courts that are lined for pickleball playing. Due to the growth, demand and extreme enthusiasm for the sport, Ms. Williams urged Council to take action and research a proposal for installing pickleball courts. She shared that preliminary discussions had taken place according to a Parks & Recreation Board Meeting. She encouraged everyone to visit the courts and share in the health, friendship and community spirit found in playing pickleball. Mayor Sanders thanked Ms. Williams for her presentation and shared that at the March 16, 2020 Parks & Recreation Board Meeting they will be discussing this topic and bringing forth recommendations to the Council. Town Council Page 8 of 106 April 14, 2020 Town Council Minutes February 25, 2020 Page 2 of 6 Mayor Sanders welcomed Trophy Club Scout Troop #328 to the meeting. He stated the scouts were earning their badges for communications and citizenship in the community. He invited the Scouts to speak during Citizen Presentations. ANNOUNCEMENTS AND REPORTS 1. Receive Town Manager Norwood’s update and provide input regarding the following (S. Norwood): • March 3, 2020 Primary Election –completed the first week of early voting for Denton County voters at the MUD Building, with Tarrant County voting being held at Southlake Town Hall. Early voting will continue through February 28, 2020. • Marquee Update– the project is nearly finished, with the remaining portion being the stonework. The contractor has turned over the monitors to the Town. Staff is addressing the brightness issue that has been a concern. Town Manager Norwood stated that Leticia Vacek, the new Town Secretary, would start on March 9, 2020, and thanked Interim Town Secretary David for filling in during the process. He commended the Council on hiring new Town Secretary Vacek as well as choosing Interim Town Secretary David and applauded her efforts of handling the department’s responsibilities, including the General Election process. On behalf of the Council, Mayor Sanders thanked Interim Town Secretary David for filling in. Council Member Bone commented on the marquee sign on Trophy Lakes Drive that displayed a split in the middle, with a portion being dim and a portion being bright. Assistant Town Manager Carroll reported that staff is addressing the issue. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 2. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated February 11, 2020 (S. Norwood). 3. Consider and take appropriate action regarding Resolution approving the submission of a Grant Application to participate in the Ramen Spectroscopy Drug Detection Program (TruNarc) for the Police Department; authorizing the Mayor or his designee to execute all necessary documents; and providing an effective date (S. Norwood). 4. Consider and take appropriate action to approve re-surfacing the competition and youth (kiddie) pools, not to exceed $171,957; authorizing the Mayor or his designee to execute all necessary documents; and providing an effective date (S. Norwood). Motion: Motion made by Council Member Bone, seconded by Council Member Monger, to approve Consent Agenda Items No. 2 through No. 4. Motion carried unanimously 4-0-0. REGULAR SESSION Town Council Page 9 of 106 April 14, 2020 Town Council Minutes February 25, 2020 Page 3 of 6 5. Receive an update on the 2020 Census (Mayor Sanders). Mayor Sanders welcomed Chris Carathers from the Dallas Regional Census Center. Mr. Carathers gave a presentation on the 2020 Census, outlining the steps that were in place for a successful census survey. He had previously met with Assistant Town Manager Carroll as well as the Police Department. He reported that the Census Bureau was the largest short-term employer in the United States and shared the two reasons a Census was taken; 1). to help determine the representation for each State in Congress, which began in 1790, and 2). the distribution of federal funds that help communities provide school lunches, hospitals, water, and roads. He also shared that all Census information was confidential, never shared with any agency and every employee was required to take a life-long pledge to never share personal information. This year the Census Bureau will launch its first time online census taking, with a safe and secure site. All residents will receive a card in the next 3 weeks that has a specific code to log in for the online census, followed by five mailings to ensure the resident had completed these steps. He shared that last year extensive canvassing was done to match the houses with the correct addresses, which would help ensure an accurate census taking. Mr. Carathers stated that local Police Departments had been notified that the agents would be out in the field soon and stressed the importance of never giving out any personal information such as a driver’s license number, social security number, bank account, or a donation, as these questions would never be asked. He added that if this happens, immediately close the door and call the local Police Department. The Census Bureau was working diligently to hire hundreds of thousands of part-time workers, at $23/hour, with background checks on every person, but will soon end as 6-8 weeks of training was required before an agent is sent out and shared the link to apply www.2020census.gov/jobs. He stated that the Census Bureau was working with local communities, businesses, organizations and churches in the next month to highlight the importance of participating in the census. He stated that lower economic communities had the lowest response rate, especially the elderly, and college age as well as children under 5 years of age not being counted for, with efforts to break the negative cycle by utilizing the Response Outreach Area Mapper (ROAM) to help these communities understand the reasoning behind the census and help the communities receive the funding necessary for improvements. He also mentioned that partnerships with local businesses, organizations, schools, hospitals and churches were needed to help send out emails, post on social media, and host an awareness event. Mayor Sanders stated that Trophy Club had a solicitation ordinance that required registration and receive a badge and asked if the census takers would be wearing badges. Mr. Carathers reported each person would have a paper badge, satchel imprinted with the US Census logo, an iPad and would identify themselves as a Census employee. Mayor Sanders asked if they would have business cards and Mr. Carathers confirmed no. Mayor Sanders gave direction to Town Manager Norwood and Chief Arata to work with Mr. Carathers on helping address any solicitation issues that might arise from the Census taking. Mr. Carathers confirmed that the Town Staff would be notified before the agents are out in the field. Town Manager Norwood said staff would look at different ways to campaign/market to the citizens what would be taking place. Mayor Sanders thanked Mr. Carathers for his informative presentation. 6. Receive an update from Republic Services regarding trash services and current status of contract (S. Norwood). Town Manager Norwood introduced Geri Harwell with Republic Services to give an update. He stated that the Republic Contract was nearing the end of the existing contract and that specific steps were involved to move forward with a new contract. Ms. Harwell reported that the Trophy Club Contract with Republic would expire on April 30, 2020. She stated that Town Council Page 10 of 106 April 14, 2020 Town Council Minutes February 25, 2020 Page 4 of 6 Republic provides free trash services for all Trophy Club facilities and events, that include the Spring/Fall clean-ups, Christmas tree recycling, document shredding, and that the franchise fee included in the current rate at twelve percent. Trash services include twice a week pick-up and once a week recycles. The current rate includes a limit of two bins but many homes go over this rule. The current residential rate is $12.37 for trash and $3.77 for recycle, which included the franchise fee. In 2010 Republic lowered the franchise fee to six percent and then did a fourth modification to include no annual price increase and trash rates remained the same. Ms. Harwell stated that in 2015 the Council voted to change the Franchise fee back to twelve percent and in 2018 Council voted to increase the $1.20 recycle rate based on current conditions. Ms. Harwell mentioned she brought this up as Trophy Club is about built out, and is not receiving the franchise fees, as well as Republic not recognizing that specific revenue and this would need to be factored into the contract. Ms. Harwell shared that the residents seem happy with their current level of service, with the twice a year community clean-up events being extremely popular. She stated that last year Republic processed 250 cars in 2 hours and recommended extending this particular event to three hours to accommodate the amount of cars that come through. Ms. Harwell stated there had been no additional increase in the past five years, as well as for commercial and industrial rates. Many cities were doing once a week trash service and wanted to mention if Trophy Club were interested. She also shared that with Lewisville’s landfill closing in the next eighteen months to twenty four months, Republic has facility locations in Lewisville, Arlington, and Ft. Worth. Ms. Harwell encouraged the renegotiation of the Republic contract with Trophy Club and encouraged the Town to not put the trash contract out to bid. She also shared the importance of putting a contract out to bid, but could share competitive rates to help save the Town this step and looked forward to the opportunity to share what Republic Services could offer to the Community. Mayor Pro Tem Shoffner praised Geri Harwell and Republic Services for their work, always addressing all concerns and did not feel any change was necessary at this time. He commented on Town Manager Norwood’s ability to negotiate a respectable contract with Republic Services and bring back to the Council. He added never having trash issues while serving on Council and felt the current service was a very good move when the contract was turned over to Republic. Mayor Sanders agreed with Mayor Pro Tem Shoffner’s comments and applauded Republic Services for delivering good service. He stated that trash services and rates were a hot topic when attending mayor meetings. He shared that one area that could be improved was having additional lines available when complaints were received. He asked Town Manager Norwood to look at the pros and cons of recycle roll-on containers versus bins. He also agreed on passing along the trash fee and was divided upon the number of homes and the number of events that Republic Services provided to the Town at no charge. Lastly, he agreed on extending the hours on the twice a year Community Clean-up. Council Member Geraci recommended that Town Manager Norwood begin negotiations for a reasonable agreement with Republic. Town Manager Norwood stated staff would start negotiations this week and follow-up on recycle issues and the additional hour for the Community Clean-up. Council Member Bone asked when the contract expires. Town Manager Norwood confirmed the contract expires April 30, 2020. Council Member Bone asked if the Town had looked at a month to month contract versus annually. He suggested a month to month contract be presented. Council Member Geraci agreed with reviewing a month to month contract. Town Manager Norwood stated that Republic offers a month to month contract and expects the contract to be finalized by May/June 2020. Ms. Harwell commented that her intention would never be to cancel a Town’s trash service due to a contract expiring and would begin working with Town Manager Norwood to draft a mutually agreeable contract to both parties. Mayor Sanders thanked Ms. Harwell for her informative presentation and sharing her facts regarding trash and recycling. Town Council Page 11 of 106 April 14, 2020 Town Council Minutes February 25, 2020 Page 5 of 6 7. Discussion of items for Future Agendas to include agenda items for consideration on the February 25, 2020 Council agenda and items from the Town Council Future Agenda Items list (S. Norwood). This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. Mayor Sanders reported there were no future agenda items due for discussion at tonight’s meeting but this was the opportunity for Council to add items for future discussion. Mayor Pro Tem Shoffner recommended removing Greg Lamont’s name on Item #1 and replace with his name as he serves on this Committee with Mayor Sanders. He felt it was beneficial to get a second Council member to support an item before placement on the Future Agenda Items list. Mayor Sanders was in agreement with this recommendation. It was stated that Mayor Sanders can add an item but before staff begins researching items and bringing back to Council, sit would be beneficial for items placed to get a second Council member to support the discussion. It was recommended Greg Lamont’s name be removed and place Mayor Pro Tem Shoffner’s name as well as Mayor Sanders since they are on the committee. Mayor Pro Tem Shoffner noted that most items have two council members in support and recommended taking the bottom four off until the council member could receive additional support on these items. He noted that the Town’s Rules and Procedures require two council members to add an item on the agenda and it was a disservice to staff to begin researching and spend time if there was no support from the Council. Council Member Bone recommended removing Item #7 and adding his name to Item #3. Mayor Sanders recommended adding his name to Item #12. Mayor Pro Tem Shoffner recommended adding his name to item #13 as this was brought up at the February 1, 2020 Town Council Retreat. Mayor Sanders mentioned that since Ms. Fleury was no longer on Council, would another council member want to adopt her items. Mayor Sanders recommended removing Items #10 and #11 and that the purpose of the list was not to debate, but that these items were important enough to add to a future Council agenda and receive additional information from staff. Mayor Pro Tem Shoffner asked if it would be beneficial to present an item or wait until two council members were in agreement on an item as the Rules and Procedure did not address this. He felt that when staff started research on an item and did not have the support of the Council this was where it should clearly be written in the Rules and Procedures. He also recommended Item #8 not be brought up until after the May 2020 election. He asked that incentive vouchers for hotel occupancy be added to the list. Council Member Bone agreed with this recommendation. Mayor Sanders asked if there were any additional comments from Council. Council Member Geraci shared his concern over controversial items being discussed during an election and felt it would be best to complete an election and then address any sensitive issues. Mayor Sanders disagreed and expressed that with annual elections, the Council should continue to function and deal with items appropriately, regardless of sensitive topics. He shared examples of a Citizens’ Survey related to trash and a Loop Road issue. Council Member Geraci clarified his statement was meant to verify that framework needed to be established before staff began researching a project for a proper time to formulate future agenda items. Mayor Sanders commented on some of the items remaining on the list a long time which didn’t indicate staff is spending time on the item and that Town Manager Norwood would review the list to see if any items should be removed or stay on for future discussion. Council Member Monger stated the items did not have to be up for discussion right now but if it’s an idea that Council thinks should be for future discussion, it was a good way to keep items fresh in everyone’s mind and not be forgotten. Mayor Sanders recapped the recommendation for removal of Items #7, Town Council Page 12 of 106 April 14, 2020 Town Council Minutes February 25, 2020 Page 6 of 6 #10 and #11, add Council Member Bone’s name to Item #3 and Mayor Sanders’ name to Item #12, as well as add the incentive hotel vouchers. Mayor Sanders reported NISD will present the proposed bond issue at the March 24, 2020 Town Council Meeting. He stated there were many online discussions happening, and recommended Council watch the presentation before the next Council Meeting. He stated the purpose for the bond was to help forecast the growth within the school district. Mayor Sanders also reported the Metroport Chamber will provide a presentation that would affect the Town’s budget process. At this time, the Chamber was building a permanent facility, which had debt involved and were proposing a portion of the building to have leasable office space to generate revenue to help pay for the new facility. Fundraising efforts will include stone pavers for organizations and residents to purchase, three to five year pledges, as well as adding twenty-five percent to annual membership dues. The presentation would help staff with budgeting for Chamber events. EXECUTIVE SESSION 8. Pursuant to the following designated section of the Texas Government Code, Annotated, and Chapter551 (Texas Open Meetings Act), the Council convened into executive session to discuss the following: A) Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: Town Secretary Employment Agreement (S. Norwood) B) Section 551.082 Deliberation regarding Economic Development Negotiations under Subsection (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations and Subsection 92) to deliberate the offer of a financial or other incentive to a business prospect that the Town seeks to have locate within the territory of the Town: North of State Highway 114, east of Trophy Club Drive and west of Town limits (Mayor Sanders) CONVENED INTO EXECUTIVE SESSION – START TIME – 8:00 p.m. RECONVENED INTO REGULAR SESSION – START TIME – 9:15 p.m. RECONVENED INTO REGULAR SESSION Motion: Council Member Bone made a motion, seconded by Council Member Geraci, to approve the Town Secretary Agreement with Ms. Leticia Vacek. Motion carried unanimously 4-0-0. ADJOURNMENT Mayor Sanders adjourned the meeting at 9:16 p.m. ___________________________________ ___________________________________ Sharon David, Interim Town Secretary C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 13 of 106 April 14, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:22020-122-T Name: Status:Type:Resolution Draft File created:In control:4/6/2020 Town Council On agenda:Final action:4/14/2020 Title:Take appropriate action regarding the Town Council Special Session Minutes dated March 31, 2020 (L. Vacek). Attachments:DRAFT-TC Special Session Minutes March 31 2020.pdf Action ByDate Action ResultVer. Take appropriate action regarding the Town Council Special Session Minutes dated March 31, 2020 (L. Vacek). Town Council Page 14 of 106 April 14, 2020 TOWN OF TROPHY CLUB, TEXAS TOWN COUNCIL SPECIAL SESSION MINUTES TUESDAY, MARCH 31, 2020, 6:30 P.M. ZOOM VIDEO MEETING The Trophy Club, Texas Town Council met in a Special Session on Tuesday, March 31, 2020. The meeting was held virtually via Zoom Video Conference and was open to the public through www.facebook.com/trophyclubgov. TOWN COUNCIL MEMBERS PRESENT: Philip Shoffner Mayor Pro Tem Sean Bone Council Member, Place 3 Karl Monger Council Member, Place 4 Michael Geraci Council Member, Place 5 TOWN COUNCIL MEMBERS ABSENT: C. Nick Sanders Mayor STAFF PRESENT: Steve Norwood Town Manager Wade Carroll Assistant Town Manager David Dodd Town Attorney Leticia Vacek Town Secretary/RMO Jack Taylor Fire Chief Jill Lind Communications and Marketing Manager Town Secretary Vacek opened the meeting with a roll call of Mayor Pro Tem Shoffner and Council Members Bone, Monger and Geraci, and announced a quorum at 6:33 p.m. Mayor Pro Tem Shoffner welcomed everyone to the Meeting of the Town Council via Zoom and stated this is a unique and first experience for everyone due to the Coronavirus. Town Manager Norwood introduced Town Secretary Leticia “Letty” Vacek to the team, coming from the City of San Antonio, bringing a wealth of knowledge, information and experience, and felt the Council made an excellent decision in hiring Letty. Town Secretary Vacek thanked the Council for the warm welcome and stated that she is looking forward to working with everyone. Town Secretary Vacek confirmed there were no Public Comments received. 1. Order Certifying Unopposed Candidate May 2, 2020 Town Election (S. Norwood). Town Attorney Dodd stated the Order is to declare that Greg Wilson is running unopposed in Place 2 for the Town of Trophy Club and requires Council approval after the filing deadline. He added that the election code states that said order is to be approved as soon as practicable; thus, this being the first Council Meeting after the filing deadline to do so. Motion: Motion made by Council Member Bone, seconded by Council Member Monger, to approve the Order Certifying the Unopposed Candidate of Greg Wilson, Place 2 for the Town of Trophy Club. Motion carried unanimously 4-0-0. Town Council Page 15 of 106 April 14, 2020 Town Council Minutes March 31, 2020 Page 2 of 3 2. Consider and take appropriate action regarding a Resolution to move the May General and Special/Charter Amendment Elections to November 3, 2020 (S. Norwood). Town Manager Norwood confirmed the order was received from Governor Abbott as well as the Tarrant/Denton County Judges. He shared that Town Secretary Vacek has been in close contact with the state election officials regarding the election process due to COVID-19. Town Secretary Vacek confirmed that most cities in the State of Texas are moving their elections to the November 3, 2020 date, as this is an option granted by Governor Abbott to each political subdivision, which requires Council approval to move the election to November. Town Manager Norwood added this would also include the Special/Charter Amendment Election. Mayor Pro Tem Shoffner reported that Denton and Tarrant Counties are urging everyone to move their election to November and if the Town did not, it would incur an increased cost if the election remains in May. Council Member Geraci asked Town Secretary Vacek to confirm that additional costs would be incurred for a May election, as the coronavirus has evolved and no financial assistance from the Counties would be received. Town Secretary Vacek confirmed this was correct and added that the entire cost of the election, including the programming of the voting machines, hiring and training of the judges/clerks to run the election, would be solely on the Town. Council Member Geraci mentioned that the safety of the polling locations, to minimize the spread of the virus, would also be the Town’s responsibility. Furthermore, he highlighted those were the reasons for the consideration to move the election to November. Town Secretary Vacek added that the upcoming deadlines by the Texas Ethics Commission for Campaign Finance reporting will be moved to the November Election timeframe. Said deadlines will be posted on the Town’s website. Mayor Pro Tem Shoffner shared his opinion that if the election were held in May, it would disenfranchise the voters who would be extremely hesitant to show up to vote, thus a lower voter turnout. . Motion: Motion made by Council Member Bone, seconded by Council Member Monger, to approve Resolution 2020-03, to move the May General and Special/Charter Amendment Elections to November 3, 2020. Motion carried unanimously 4-0-0. 3. Consider and take appropriate action regarding the purchase of a new LIFEPAK 15 monitor/defibrillator from Stryker for the Fire Department, not to exceed the amount of $30,036.11 (S. Norwood). Fire Chief Taylor presented the Staff Report for the purchase of a new LIFEPAK 15 monitor/defibrillator for the Fire Department to replace the current 2013 LIFEPAK. He stated the current defibrillator will be used as a trade-in with a value amount of $6,500, and that the maintenance in the amount of $4,773.60 brings the total to $30,036.11. Mayor Pro Tem Shoffner clarified this item was included in the 2019-2020 Budget, and that any purchase over $25,000 requires Council approval. Motion: Motion made by Council Member Geraci, seconded by Council Member Bone, to approve the purchase of a new LIFEPAK 15 monitor/defibrillator from Stryker for the Fire Department, in the amount of $30,036.11. Motion carried unanimously 4-0-0. 4. Consider and take appropriate action regarding the acceptance of the Audit for the Town of Trophy Club Fiscal Year 2019 (S. Norwood). Mayor Pro Tem Shoffner stated that two weeks ago Mayor Sanders, Mayor Pro Tem Shoffner, Town Manager Norwood, Assistant Town Manager Carroll, and Finance Manager Erwin met with Auditor Louis Breedlove who Town Council Page 16 of 106 April 14, 2020 Town Council Minutes March 31, 2020 Page 3 of 3 shared that the audit was well received with no issues. Town Manager Norwood confirmed the Town is carrying a strong fund balance, having good financial policies in place, and with the existing economic climate, was honored to present a clean audit for the Town. Motion: Motion made by Council Member Monger, seconded by Council Member Bone, to accept the Audit of the Town of Trophy Club Fiscal Year 2019. Motion carried unanimously 4-0-0. 5. Declaration of Local Emergency for the Town of Trophy Club to follow Denton County's Plan related to COVID-19 (Mayor Pro Tem Shoffner). Town Attorney Dodd stated the Declaration was to ensure and align the Town of Trophy Club for any federal funding due to the COVID-19. Assistant Town Manager Carroll confirmed this does not retract from any County or State restrictions and is broad enough to follow the flow with Denton County. Motion: Motion made by Council Member Bone, seconded by Council Member Monger to approve and accept the Declaration of Local Emergency for the Town of Trophy Club to follow Denton County’s Plan related to COVID-19. Motion carried unanimously 4-0-0. Council Member Monger stated that there have not been any additional COVID cases within the Town of Trophy Club in the last few days and applauded the community on following rules on social distancing. Council Member Geraci commended everyone acting responsibly and continuing to social distance in Trophy Club to help stop the spread of the virus. Mayor Pro Tem Shoffner asked the community to keep Mayor Sanders and his family in their thoughts and prayers during this time. ADJOURNMENT Mayor Pro Tem Shoffner adjourned the meeting at 7:00 P.M. ___________________________________ ___________________________________ Leticia Vacek, Town Secretary/RMO Philip Shoffner, Mayor Pro Tem Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 17 of 106 April 14, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:22020-126-T Name: Status:Type:Agenda Item Draft File created:In control:4/9/2020 Town Council On agenda:Final action:4/14/2020 Title:Take appropriate action amending Resolution 2020-03 of the Town of Trophy Club, Texas approving the General and Special/Charter Amendment Elections scheduled for May 2, 2020 to be postponed until November 3, 2020 (L. Vacek). Attachments:RES 2020-09 - Postponing Election Date.pdf Action ByDate Action ResultVer. Take appropriate action amending Resolution 2020-03 of the Town of Trophy Club, Texas approving the General and Special/Charter Amendment Elections scheduled for May 2, 2020 to be postponed until November 3, 2020 (L. Vacek). Town Council Page 18 of 106 April 14, 2020 RES 2020-09 Page 1 of 2 5 TOWN OF TROPHY CLUB, TEXAS RESOLUTION 2020-09 A RESOLUTION AMENDING RESOLUTION 2020-03 OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING AND AUTHORIZING THE GENERAL AND SPECIAL/CHARTER AMENDMENT ELECTIONS SCHEDULED FOR MAY 2, 2020 TO BE POSTPONED UNTIL NOVEMBER 3, 2020 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with the general laws and the Charter of the Town of Trophy Club, Texas and pursuant to Resolution 2020-03, a General Election and Special Charter Amendment Election was ordered to be held on May 2, 2020, for the election of certain Town Council Members and consideration of Charter Amendments; and WHEREAS, pursuant to Section 418.016 of the Texas Government Code, on March 18, 2020, Governor Greg Abbott of the State of Texas signed a proclamation suspending certain provisions of the Texas Election Code to allow all local political subdivisions that are utilizing the May 2, 2020 uniform election date to postpone their elections to the November 3, 2020 uniform election date; and WHEREAS, on March 18, 2020 Denton County Elections Administrator strongly recommended the postponement of all elections to November 2020, citing an increase in costs to entities that choose to remain in May 2020, among other responsibilities and requirements that would be passed on to those entities. WHEREAS, the Town of Trophy Club, Texas, through this order is exercising that authority. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. That the Town Council’s election previously ordered for May 2, 2020 for the purpose of the election of certain Town Officers and Charter Amendments is hereby postponed to November 3, 2020. SECTION 2. Hereby confirms that the candidate filings for the election will remain valid for the election held on the November date and that the filing period will not be re-opened for the November Election date. SECTION 3. Hereby confirms that all Applications for Ballot By Mail (“ABBM”) for voters that are voting by mail due to being over the age of 65 or due to a disability will still be valid for the postponed election; and that ABBM for voters who submitted their ABBMs based on expected absence from the county would not be valid for the postponed election. SECTION 4. Hereby confirms the major relevant dates for the November Election shall include October 5, 2020 as the Voter Registration Deadline; and October 23, 2020 as the deadline to submit an ABBM; and that the dates for Early Voting by Personal Appearance shall be conducted October 19, 2020 through October 30, 2020. Town Council Page 19 of 106 April 14, 2020 RES 2020-09 Page 2 of 2 5 SECTION 5. That the Town Secretary is authorized to negotiate and execute an election contract with Denton and Tarrant Counties for the purposes of conducting and/or leasing equipment for the postponed election on November 3, 2020. SECTION 6. That the Town Council of the Town of Trophy Club may make any necessary revisions to the Town’s current Order of Election before August 17, 2020, which may include changes early voting location or branch, early voting dates, hours, and weekend early voting. SECTION 7. That the Town of Trophy Club hereby agrees to take such other official action as may be reasonably necessary to carry out the objectives of this Resolution. SECTION 8. This Resolution shall be in force and effect from and after its final passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas on this 14th day of April 2020. ________________________________ Philp Shoffner, Mayor Pro Tem Town of Trophy Club, Texas ATTEST: [SEAL] Leticia Vacek, Town Secretary/RMO Town of Trophy Club, Texas APPROVED TO AS FORM: J. David Dodd, III, Town Attorney Town of Trophy Club, Texas Town Council Page 20 of 106 April 14, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-090-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/25/2020 Town Council On agenda:Final action:3/24/2020 Title:Take appropriate action regarding a Resolution for the Town Council authorizing amendments to financial institution documents naming authorized Town representatives on the Texas Local Government Investment Pools (TexPool) signature accounts; and providing an effective date (S. Norwood). Attachments:2020-090-T - Staff Report - TexPool Signature Changes.4.14.2020.pdf RES 2020-04 - TexPool.pdf TexPool Amending Authorized Signatures.pdf Action ByDate Action ResultVer. Take appropriate action regarding a Resolution for the Town Council authorizing amendments to financial institution documents naming authorized Town representatives on the Texas Local Government Investment Pools (TexPool) signature accounts; and providing an effective date (S. Norwood). Town Council Page 21 of 106 April 14, 2020 To: Mayor and Town Council From: Steve Norwood, Town Manager CC: Mike Erwin, Finance Manager Leticia Vacek, Town Secretary Re: TexPool Investment Pools Town Council Meeting, April 14, 2020 Agenda Item: Consider and take appropriate action regarding a Resolution of the Town Council authorizing amendments to financial institution documents naming authorized Town representatives on Texas Local Government Investment Pools (TexPool) signature accounts; and providing an effective date (S. Norwood). Background and Explanation: This resolution approves updates for authorized representatives, Leticia Vacek and Mike Erwin. TexPool is a public funds investment pool in Texas that adheres to the requirements of the Texas Public Funds Investment Act. For the past 15 years, TexPool has become the largest pool in the state of Texas and currently states an average annual asset balance of over $17 billion. TexPool maintains a rating of AAAm with Standard and Poor’s, which is the highest rating available. Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends Council approval Resolution 2020-04. Attachments: • Resolution 2020-04 Page 1 of 1 Town Council Page 22 of 106 April 14, 2020 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2020-04 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING AND AUTHORIZING AMENDMENTS TO FINANCIAL INSTITUTION DOCUMENTS NAMING AUTHORIZED TOWN REPRESENTATIVES ON TEXPOOL SIGNATURE ACCOUNTS; APPOINTING AUTHORIZED REPRESENTATIVES, AND DESIGNATING INVESTMENT OFFICERS. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended (the “Interlocal Act”), permits any “local government” to contract with one or more other “local governments” to perform “governmental functions and services,” including investment of public funds (as such phrases are defined in the Interlocal Act); and WHEREAS, the Interlocal Act authorizes the contracting parties to any interlocal agreement to contract with agencies of the State of Texas, within the meaning of Chapter 771 of the Government Code; and WHEREAS, the Public Funds Investment Act, Chapter 2256 of the Texas Government Code, as amended (the “PFIA”), authorizes the entities described in Subsection (a) of the PFIA to invest their funds in an eligible public funds investment pool; and WHEREAS, it is in the best interests of this governmental unit (“Applicant”) to invest its funds jointly in the Texas Local Government Investment Pools (TexPool) in order better to preserve and safeguard the principal and liquidity of such funds and to earn an acceptable yield; and WHEREAS, Applicant is authorized to invest its public funds and funds under its control in TexPool and to enter into the participation agreement authorized herein; and WHEREAS, the Government Entity is a Government Entity as defined in the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The form of application for participation in TexPool attached to this resolution is approved. The officers of Applicant specified in the application are authorized to execute and submit the application, to open accounts, to deposit and withdraw funds, to agree to the terms for use of the website for online transactions, to designate other authorized representatives, and to take all other action required or permitted by Applicant under the Agreement created by the application, all in the name and on behalf of Applicant. Town Council Page 23 of 106 April 14, 2020 RES 2020-04 Page 2 of 3 Section 2. This resolution will continue in full force and effect until amended or revoked by Applicant and written notice of the amendment or revocation is delivered to the TexPool Board. Section 3. Terms used in this resolution have the meanings given to them by the application. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this 14th day of April 2020. _________________________________ Philip Shoffner, Mayor Pro Tem Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Leticia Vacek, Town Secretary J. David Dodd III, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 24 of 106 April 14, 2020 RES 2020-04 Page 3 of 3 EXHIBIT A TexPool Resolution Amending Authorized Representatives Form Town Council Page 25 of 106 April 14, 2020 Town CouncilPage 26 of 106April 14, 2020 Town CouncilPage 27 of 106April 14, 2020 Town CouncilPage 28 of 106April 14, 2020 Town CouncilPage 29 of 106April 14, 2020 Town CouncilPage 30 of 106April 14, 2020 Town CouncilPage 31 of 106April 14, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:22020-103-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/4/2020 Town Council On agenda:Final action:3/24/2020 Title:Take appropriate action regarding a Resolution for Texas CLASS Investment Pool allowing the Town to invest its funds with Texas CLASS; and providing an effective date (S. Norwood). Attachments:Texas-CLASS-Registration-Packet-3.24.20.pdf Staff Report - Texas Class Signature Changes 4.14.2020.pdf RES. 2020-05 - Texas CLASS Investment Pool.pdf Action ByDate Action ResultVer. Take appropriate action regarding a Resolution for Texas CLASS Investment Pool allowing the Town to invest its funds with Texas CLASS; and providing an effective date (S. Norwood). Town Council Page 32 of 106 April 14, 2020 Registration Packet Texas Cooperative Liquid Assets Securities System Trust Town Council Page 33 of 106 April 14, 2020 717 17th Street, Suite 1850 Denver, Colorado 80202 T (800) 707-6242 F (855) 848-9910 clientservices@texasclass.com www.texasclass.com Page 1 Welcome to Texas CLASS We believe you have made a sound financial decision in choosing the Texas Cooperative Liquid Assets Securities System Trust (Texas CLASS). We look forward to being your trusted provider and are excited to connect with you to make your investment process a positive, easy experience. Texas CLASS is a short-term, highly liquid investment program designed specifically for public-sector funds. It provides the opportunity to invest funds on a cooperative basis in short-term investments that are carefully selected to provide maximum safety and liquidity while generating a competitive yield. This packet contains all the materials necessary to set up your Texas CLASS account(s). If you have any questions about the registration process or about your Texas CLASS account(s), please do not hesitate to contact us. The Texas CLASS Client Service team can be reached any business day from 8:30 a.m. to 4:30 p.m. CT by phone at (800) 707-6242 or by email at clientservices@texasclass.com. Thank you for choosing Texas CLASS! Sincerely, The Texas CLASS Board of Trustees Town Council Page 34 of 106 April 14, 2020 717 17th Street, Suite 1850 Denver, Colorado 80202 T (800) 707-6242 F (855) 848-9910 clientservices@texasclass.com www.texasclass.com Page 2 Registration Procedures To join Texas CLASS, please complete the following: 1)Read the Trust Agreement (A copy can be found on www.texasclass.com). 2)Pass the resolution authorizing participation in Texas CLASS (page 3 and 4). 3)Adopt the Trust Agreement by signing Exhibit D (page 5). 4)Complete the Entity Registration (page 6). 5)Complete the Authorized Contacts Form (page 7/8). 6)Complete the Account to be Established Form; you may open as many accounts as you wish (page 9). 7)Keep the original forms for your records, and send the completed packet to the Texas CLASS Client Service team by fax (855) 848-9910 or by email clientservices@texasclass.com. Questions? Please contact us; we would love to hear from you! Texas CLASS Client Service Team T (800) 707-6242 clientservices@texasclass.com Town Council Page 35 of 106 April 14, 2020 717 17th Street, Suite 1850 Denver, Colorado 80202 T (800) 707-6242 F (855) 848-9910 clientservices@texasclass.com www.texasclass.com Page 3 Resolution to Participate WHEREAS, the Public Funds Investment Act, Texas Government Code, Section 2256.001 et seq. (the Act) requires the governing body of each local government in this state to adopt investment policies in accordance with the terms of the Act; and WHEREAS, pursuant to the requirements of the Act, the Board of Trustees (the Governing Body) of the ____________________________ (the Local Government) has previously reviewed and adopted an investment policy (the Policy) that provides in part that the funds of the local government will be invested in investments permitted by the Act in order to: (i) invest only in investments legally permitted under Texas law; (ii) minimize risk by managing portfolio investments so as to preserve principal and maintain a stable net asset value; (iii) manage portfolio investments to ensure that cash will be available as required to finance operations; and (iv) maximize current income to the degree consistent with legality, safety, and liquidity; and WHEREAS, pursuant to the Policy and the Act, the Local Government has appointed ____________________________ (the Investment Officer) to act as the investment officer of the Local Government; and WHEREAS, the Act provides that funds under the control of a Local Government may be invest ed through investment pools meeting the standards of Section 2256.016 of the Act; and WHEREAS, the Local Government has received and reviewed the Information Statement, dated December 2016 (the Information Statement), of Texas Cooperative Liquid Assets Securities System Trust (the Program), an investment pool administered by Public Trust Advisors, LLC that sets forth the information required by Section 2256.016(b) of the Act; and WHEREAS, the Local Government has determined that the investments proposed to be acquired by the Program are of a type that are permitted by the Act and are consistent with the Policy; and WHEREAS, the Local Government has determined that an investment in the Program will assist the Local Government in achieving the goals set forth in the Policy and will tend to preclude imprudent investment activities arising out of investment transactions conducted between the Local Government and the Program; and WHEREAS, the Local Government understands that the Program operates through the Eighth Amended and Restated Trust Agreement dated as of April 8, 2019 (the Trust Agreement), that provides the terms on which the Program will operate and the rights of the Participants in the Program and sets forth the responsibilities of Public Trust Advisors, LLC as the administrator of the Program (the Administrator) and of Wells Fargo Bank as custodian (the Custodian); Town of Trophy Club Mike Erwin Town Council Page 36 of 106 April 14, 2020 717 17th Street, Suite 1850 Denver, Colorado 80202 T (800) 707-6242 F (855) 848-9910 clientservices@texasclass.com www.texasclass.com Page 4 NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE LOCAL GOVERNMENT: That the form, terms, and provisions of the Trust Agreement, a draft of which was presented and reviewed at this meeting, providing for the creation of the Program and for the rights of the Program Participants and the duties and responsibilities of the Administrator be an d the same are hereby approved and adopted; and that the Investment Officer be and he or she is hereby authorized and directed to execute and deliver to the Administrator and the Custodian in the name and on behalf of the Local Government a participation certificate evidencing the agreement of the Local Government to be bound by the Trust Agreement substantially in the form of the Trust Agreement reviewed and approved at this meeting, together with such changes therein as may be approved by the said officer, such approval to be conclusively evidenced by the execution thereof; and be it further Resolved that the investment program established by the Trust Agreement is hereby found and determined to be consistent with the Policy and to preclude imprudent inv estment activities arising out of investment transactions conducted between the Local Government and the Program; and be it further Resolved that the Governing Body hereby officially finds and determines that the facts and recitations contained in the preamble of this Resolution are true and correct; and be it further Resolved that the Governing Body hereby finds and declares that written notice of the date, hour, place, and subject of the meeting at which this Resolution was adopted was posted for the time required by law preceding this meeting and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter thereof were discussed, considered , and formally acted upon all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act; and be it further Resolved that the officers of the Local Government, and each of them, shall be and each is expressly authorized, empowered, and directed from time-to-time to do and perform all acts and things and to execute, acknowledge, and deliver in the name and under the corporate seal and on behalf of the Local Government all certificates, instruments, and other papers, whether or not herein mentioned, as they may determine to be necessary or desirable in order to carry out the terms and provisions of this Resolution and of the Trust Agreement hereby authorized and approved, such determination to be conclusively evidenced by the performance of such acts and things and the execution of any such certificate, financing statement, instrument, or other paper; and be it further Resolved that this Resolution shall take effect and be in full force upon and after its passage. Authorized Signature Date Printed Name Authorized Signature Date Printed Name Mayor Nick Sanders Steve Norwood Town Council Page 37 of 106 April 14, 2020 717 17th Street, Suite 1850 Denver, Colorado 80202 T (800) 707-6242 F (855) 848-9910 clientservices@texasclass.com www.texasclass.com Page 5 Exhibit D – Participation Certificate The undersigned ____________________________ (the Local Government) does hereby request that it be admitted as a Participant pursuant to Section 2.3 of the Eighth Amended and Restated Trust Agreement (the Agreement) dated as of April 8, 2019, by and between the Participants, Wells Fargo Bank as Custodian, and Public Trust Advisors, LLC. By executing this Participation Certificate, the undersigned agrees that, upon the execution hereof by the Program Administrator, it will become subject to the same obligations and shall have the same rights as if it had executed the Agreement. The undersigned hereby certifies that ____________________________ (the Investment Officer) is the duly designated Representative of the undersigned as required by the Agreement. The undersigned hereby certifies that its governing body has taken al l actions required by Section 2256.016 of the Public Funds Investment Act, Texas Government Code, for it to participate in the Trust created by the Agreement. Entity Name Signature Date Title Accepted by Administrator (to be completed by Texas CLASS): Signature Date Title Town of Trophy Club Mike Erwin Town of Trophy Club Steve Norwood, Town Manager Town Council Page 38 of 106 April 14, 2020 717 17th Street, Suite 1850 Denver, Colorado 80202 T (800) 707-6242 F (855) 848-9910 clientservices@texasclass.com www.texasclass.com Page 6 Trust Registration Entity Information Entity Name (Participant) Entity Type: City/Town County School District Special District Other (Specify) Mailing Address City Zip County Tax ID Fiscal Year End Date (Month/Day) The _____________________________ (the Local Government) hereby wishes to invest in the following portfolio: Texas CLASS Texas CLASS Government Both Texas CLASS is hereby authorized to honor any telephoned, faxed, or electronic request believed to be authentic for withdrawal of funds. The withdrawal proceeds can be sent only to the bank(s) indicated below unless changed by written instructions. Each local government is responsible for notifying Texas CLASS of any changes to its account. Banking Information Bank Name Bank Routing Number (ABA) Account Title Account Number Bank Contact Contact’s Phone Number Wire ACH Both Additional Banking Information (Optional) Bank Name Bank Routing Number (ABA) Account Title Account Number Bank Contact Contact’s Phone Number Wire ACH Both Town of Trophy Club 1 Trophy Wood Dr Trophy Club 76262 Tarrant 1-75-2047474-7 9/30 Town of Trophy Club Wells Fargo 121000248 Designated 4126057041 Susan Dougherty 940-384-6355 Town Council Page 39 of 106 April 14, 2020 717 17th Street, Suite 1850 Denver, Colorado 80202 T (800) 707-6242 F (855) 848-9910 clientservices@texasclass.com www.texasclass.com Page 7 Authorized Contacts Representative and Authorized Signer Mr. Ms. Print First and Last Name Title Signature Required Phone Email Fax Email Notifications Online Account Monthly Statements Online User Access Transaction Confirmations Additional Contact (Optional) Mr. Ms. Print First and Last Name Title *(Signature Required if Authorized Signer) Phone Email Fax Permissions (must check one) Email Notifications Online Account Authorized Signer to Move Funds* Monthly Statements Online User Access Read-Only Access Transaction Confirmations Additional Contact (Optional) Mr. Ms. Print First and Last Name Title *(Signature Required if Authorized Signer) Phone Email Fax Permissions (must check one) Email Notifications Online Account Authorized Signer to Move Funds* Monthly Statements Online User Access Read-Only Access Transaction Confirmations Mike Erwin Finance Manager 682-237-2912 merwin@trophyclub.org 682-237-2996 Steve Norwood Town Manager 682-237-2910 snorwood@trophyclub.org 682-237-2996 April Duvall Chief Financial Analyst 682-237-2914 aduvall@trophyclub.org 682-237-2996 Town Council Page 40 of 106 April 14, 2020 717 17th Street, Suite 1850 Denver, Colorado 80202 T (800) 707-6242 F (855) 848-9910 clientservices@texasclass.com www.texasclass.com Page 8 Authorized Contacts (cont.) Additional Contact (Optional) Mr. Ms. Print First and Last Name Title *(Signature Required if Authorized Signer) Phone Email Fax Permissions (must check one) Email Notifications Online Account Authorized Signer to Move Funds* Monthly Statements Online User Access Read-Only Access Transaction Confirmations Additional Contact (Optional) Mr. Ms. Print First and Last Name Title *(Signature Required if Authorized Signer) Phone Email Fax Permissions (must check one) Email Notifications Online Account Authorized Signer to Move Funds* Monthly Statements Online User Access Read-Only Access Transaction Confirmations Additional Contact (Optional) Mr. Ms. Print First and Last Name Title *(Signature Required if Authorized Signer) Phone Email Fax Permissions (must check one) Email Notifications Online Account Authorized Signer to Move Funds* Monthly Statements Online User Access Read-Only Access Transaction Confirmations Ernest Gillespie Senior Accountant 682-237-2910 egillespie@trophyclub.org 682-237-2996 Leticia Vacek Town Secretary 682-237-2903 lvacek@trophyclub.org 682-237-2996 Wade L Carroll Assistant Town Manager 682-237-2984 wcarroll@trophyclub.org 682-237-2996 Town Council Page 41 of 106 April 14, 2020 717 17th Street, Suite 1850 Denver, Colorado 80202 T (800) 707-6242 F (855) 848-9910 clientservices@texasclass.com www.texasclass.com Page 9 Accounts to be Established Entity Name: Texas CLASS Accounts Texas CLASS Government Accounts Desired Subaccount Name(s)*: Desired Subaccount Name(s)*: (To be completed by Participant) (To be completed by Participant) *Name must be limited to 30 characters. Town Council Page 42 of 106 April 14, 2020 717 17th Street, Suite 1850 Denver, Colorado 80202 T (800) 707-6242 F (855) 848-9910 clientservices@texasclass.com www.texasclass.com Page 10 How did you hear about Texas CLASS? Texas CLASS Representative: _________________________ Referral by: _______________________________________ Texas CLASS Website Email Google Search Other: ___________________________________________ Town Council Page 43 of 106 April 14, 2020 To: Mayor and Town Council From: Steve Norwood, Town Manager CC: Mike Erwin, Finance Manager Leticia Vacek, Town Secretary Re: Texas CLASS Investment Pool Town Council Meeting, April 14, 2020 Agenda Item: Consider and take appropriate action regarding a Resolution with Texas CLASS Investment Pool allowing the Town to invest its funds with Texas CLASS; and providing an effective date (S. Norwood). Background and Explanation: Since approval of the original resolution by council in 2016, Texas CLASS has added an additional pool, Texas CLASS Government. This resolution allows for participation in this new pool. The Texas Cooperative Liquid Assets Securities System Trust (Texas CLASS) was created in 1996 as a local government investment pool (LGIP) pursuant to Section 2256.016 of the Public Funds Investment Act, Texas Government Code (PFIA). Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends Council approval of Resolution 2020-05. Attachments: •Resolution 2020-05 •Texas Class Registration Packet Page 1 of 1 Town Council Page 44 of 106 April 14, 2020 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2020-05 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING AND AUTHORIZING EXECUTION OF AN INVESTMENT AGREEMENT FOR PARTICIPATION IN THE TEXAS CLASS INVESTMENT POOL, DESIGNATING THE POOL AS AN AGENCY AND INSTRUMENTALITY, APPROVING INVESTMENT POLICIES OF THE POOL, APPOINTING AUTHORIZED REPRESENTATIVES, AND DESIGNATING INVESTMENT OFFICERS. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended (the “Interlocal Act”), permits any “local government” to contract with one or more other “local governments” to perform “governmental functions and services,” including investment of public funds (as such phrases are defined in the Interlocal Act); and WHEREAS, the Interlocal Act authorizes the contracting parties to any interlocal agreement to contract with agencies of the State of Texas, within the meaning of Chapter 771 of the Government Code; and WHEREAS, the Public Funds Investment Act, Chapter 2256 of the Texas Government Code, as amended (the “PFIA”), authorizes the entities described in Subsection (a) of the PFIA to invest their funds in an eligible public funds investment pool; and WHEREAS, it is in the best interests of this governmental unit (“Applicant”) to invest its funds jointly with other Texas local governments in the Texas Cooperative Liquid Assets Securities System (Texas CLASS) in order better to preserve and safeguard the principal and liquidity of such funds and to earn an acceptable yield; and WHEREAS, Applicant is authorized to invest its public funds and funds under its control in TEXAS CLASS and to enter into the participation agreement authorized herein; and WHEREAS, the Government Entity is a Government Entity as defined in the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The form of application for participation in Texas CLASS attached to this resolution is approved. The officers of Applicant specified in the application are authorized to execute and submit the application, to open accounts, to deposit and withdraw funds, to agree to the terms for use of the website for online transactions, to Town Council Page 45 of 106 April 14, 2020 RES. 2020-05 Page 2 of 3 5 designate other authorized representatives, and to take all other action required or permitted by Applicant under the Agreement created by the application, all in the name and on behalf of Applicant. Section 2. This resolution will continue in full force and effect until amended or revoked by Applicant and written notice of the amendment or revocation is delivered to the Texas CLASS Board Section 3. Terms used in this resolution have the meanings given to them by the application. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this 14th day of April 2020. Philp Shoffner, Mayor Pro Tem Town of Trophy Club, Texas ATTEST: [SEAL] Leticia Vacek, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: J. David Dodd, III, Town Attorney Town of Trophy Club, Texas Town Council Page 46 of 106 April 14, 2020 RES. 2020-05 Page 3 of 3 5 EXHIBIT A Texas CLASS Enrollment Packet 2020 Town Council Page 47 of 106 April 14, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:22020-114-T Name: Status:Type:Agenda Item Draft File created:In control:3/16/2020 Town Council On agenda:Final action:3/24/2020 Title:Take appropriate action regarding a request to extend the existing Temporary Use Permit allowing a construction trailer at Medlin Middle School, generally located west of Parkview Drive and south of Marshall Creek Road (S. Norwood). Attachments:Res No. 2020-06-Medlin.pdf Staff Report-Medlin-4.14.20.pdf Exhibit A - Medlin-Site Layout.pdf Action ByDate Action ResultVer. Take appropriate action regarding a request to extend the existing Temporary Use Permit allowing a construction trailer at Medlin Middle School, generally located west of Parkview Drive and south of Marshall Creek Road (S. Norwood). Town Council Page 48 of 106 April 14, 2020 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2020-06 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB EXTENDING THE EXISTING TEMPORARY USE PERMIT FOR NORTHSTAR BUILDERS, IN CONJUNCTION WITH NORTHWEST INDEPENDENT SCHOOL DISTRICT, FOR A CONSTRUCTION TRAILER AT MEDLIN MIDDLE SCHOOL LOCATED AT 601 PARKVIEW DRIVE, AND PROVIDING FOR CONDITIONS. WHEREAS, Northstar Builders Group, in conjunction with Northwest Independent School District, has filed a temporary use permit application and formally requested an extension for the use of a construction trailer north of the Medlin Middle School football field located at 601 Parkview Drive in the Town of Trophy Club; and WHEREAS, Section 14.02.251(b) – Temporary Uses in the Trophy Club Code of Ordinances requires a temporary use permit to be approved by the Town Council through a Resolution; and WHEREAS, Section 14.02.251(c) – Temporary Uses in the Trophy Club Code of Ordinances requires an extension of a temporary use permit to be approved by the Town Council. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the request by Northstar Builders Group, in conjunction with Northwest Independent School District, for an extension of the existing temporary use permit for a construction trailer at Medlin Middle School located at 601 Parkview Drive is hereby approved, subject to the following conditions: (A) The construction trailer, temporary fencing, and storage boxes shall be consistent with what is shown and described in Exhibit A; and (B) The construction trailer, temporary fencing, and storage boxes shall be removed from the property on or before September 30, 2021. Section 2. That the extension of the temporary use permit authorized by this Resolution shall comply with all Town of Trophy Club codes and ordinances, exempt where specifically exempted herein. Section 3. This Resolution shall take effect from and after its date of passage in accordance with law. Town Council Page 49 of 106 April 14, 2020 PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on this 14th day of April 2020. Philp Shoffner, Mayor Pro Tem Town of Trophy Club, Texas [SEAL] ATTEST: Leticia Vacek, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas Town Council Page 50 of 106 April 14, 2020 Page 1 of 2 To: Mayor and Town Council From: Lisa Payne, Town Planner CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary Re: Case TUP-20-001 Town Council Meeting, April 14, 2020 Agenda Item: Case TUP-20-001 (Medlin Construction Trailer Extension) Consider and take appropriate action regarding a request to extend the existing Temporary Use Permit allowing a construction trailer at Medlin Middle School, generally located west of Parkview Drive and south of Marshall Creek Road. Strategic Link: Infrastructure & Development – Foster a business-friendly environment. Background and Explanation: According to Sec. 14.02.251 of the Code of Ordinances, construction offices that are used temporarily by contractors during the construction of buildings must obtain a Temporary Use Permit (TUP) through approval from Town Council, after recommendation by the Planning & Zoning Commission. An expiration date is included on the resolution and if an extension is later needed, it must be approved by Town Council without the requirement to return to P&Z. Northstar Builders is requesting approval of the extension of the TUP (Resolution No. 2019-21) that allows one construction trailer, temporary fencing, and Conex storage boxes to locate on the Medlin Middle School property while construction to expand is ongoing. Staff was told that construction of the building additions to Medlin Middle School was put on hold last fall due to budget constraints at NISD, but they are now ready to start construction. Completion of the project and removal of equipment is expected by September 30, 2021. No changes have been made to the previously approved layout. The 54 foot long construction trailer and the 40 foot long Conex storage boxes will be located north of the middle school football field and track and surrounded by 6 foot tall chain link fencing with black wind screens. Screened fencing will also surround the two areas of construction, which will be at the northwest and southeast corners of the school. Refer to Exhibit A for a visual representation. Town Council Page 51 of 106 April 14, 2020 Page 2 of 2 Financial Considerations: Not applicable. Legal Review: Town Attorney has reviewed this item and concurs with the Staff recommendation. Staff Recommendation: Staff recommends approval of the extension of the existing Temporary Use Permit through September 30, 2021. Attachments: • Resolution No. 2020-06 • Exhibit A – Site Layout Town Council Page 52 of 106 April 14, 2020 1. THE ARCHITECTURAL SITE PLAN IS ISSUED FOR REFERENCE AND COORDINATION PURPOSES ONLY. REFER TO CIVIL, LANDSCAPE, AND ELECTRICAL DRAWINGS FOR SITE GEOMETRY AND DIMENSIONAL CONTROL, SITE UTILITIES, SITE GRADING AND DRAINAGE, CONCRETE/ASPHALT EXTENTS AND DETAILS, SITE ELEMENTS INCLUDING SIDEWALKS, CURBS, AND RETAINING WALLS, SITE LIGHTING AND EXTERIOR BUILDING LIGHTING, LANDSCAPE PALNTING AND DETAILS, AND IRRIGATION LAYOUTS AND DETAILS2.2. THE CONSTRUCTION MANAGER SHALL OBEY ALL CITY ORDINANCES AND CODE WITH REGARDS TO FIRE LANES. THE CONSTRUCTION MANAGER SHALL NOT BLOCK ACCESS TO THESE DRIVES AT ANY TIME. 3. THE CONSTRUCTION MANAGER SHALL INFORM THE OWNER REGARDING ANY SITE DEMOLITION AND SHALL NOT IMPOSE ON ANY OWNER OPERATIONS AS OUTLINED IN THE SPECIFICATIONS.4. REFER TO CIVIL PLANS FOR SITE GRADING INFORMATION. SLOPE OF PROPOSED SIDEWALKS ARE NOT TO EXCEED 5% IN THE DIRECTION OF TRAVEL AND A 2% CROSS SLOPE. PROVIDE A LEVEL SURFACE WITHIN 72" OF EXTERIOR DOORS.5. FINISH FLOOR ELEVATIONS SHOWN ON ARCHITECTURAL AND STRUCTURAL DRAWINGS ARE BE BASED ON LEVEL 01 BEING AT 100'-0". FINISH FLOOR ELEVATIONS SHOWN ON CIVIL DRAWINGS ARE IN RELATION TO ELEVATION ABOVE SEA LEVEL.6. EXPANSION JOINT FILLER AND SEALANT SHALL BE INSTALLED AT ALL LOCATIONS WHERE CONCRETE SIDEWALKS MEET THE BUILDING.7. FIRE LANES SHALL BE CLEARLY MARKED ON THE PAVEMENT PER CITYOF IRVING REQUIREMENTS.GENERAL NOTESLEGENDPLAN NOTESPARKING REQUIREMENTSNEW CONCRETE SIDEWALK OR PAVING, REF. CIVILNEW LANDSCAPED AREA, REF. LANDSCAPEPROPERTY LINEUTILITY EASEMENT OR BUILDING SETBACKEXISTING TREE TO REMAINPROPOSED NEW TREE, REF. LANDSCAPENEW BUILDING FOOTPRINTNEW PROPOSED FIRE LANEEXISTING FIRE LANEREQUIRED ACCESSIBLE PATHEXISTING PARKING COUNTXXNEW SODDED AREA, REF. LANDSCAPEKEY PLANTRUENORTHEXISTING BUILDINGPARKVIEW DRIVEBOBCAT BOULEVARDMARSHALL CREEK ROAD3201017359465658101210121010868NOTE:REPLACE DOMESTIC WATER MAIN LINE FROM PUBLIC METER TO SCHOOLNEW 1-STORYBAND HALLADDITION3,564 SFNEW 2-STORYCLASSROOMADDITION13,452 SF01"2"1/2"DOCUMENTS ARE INCOMPLETE AND MAY NOT BE USED FOR REGULATORY APPROVAL, PERMITTING, OR CONSTRUCTION PURPOSES.5646 MILTON STREET, SUITE 426DALLAS, TEXAS 75206COPYRIGHT © 2017 GLENN|PARTNERSWWW.GLENN-PARTNERS.COMGLENN|PARTNERS PROJECT NO.C:\Users\jgrant\Documents\ARCH-MEDLIN MS_R19_jgrant.rvt5/31/2019 3:21:50 PMNORTHWEST INDEPENDENT SCHOOL DISTRICTMEDLIN MIDDLE SCHOOL - ADDITION AND RENOVATION601 PARKVIEW DRIVETROPHY CLUB, TEXAS 76262DESIGN DEVELOPMENTM_A04-01ARCHITECTURALSITE PLAN18-02405.31.2019SCALE: 1" = 40'-0"ARCHITECTURAL SITE PLAN01CITY OF TROPHY CLUB PARKING ORDINANCE (14.02.353)MEDLIN MIDDLE SCHOOL STUDENT SIZE 1,200 STUDENTSCITY OF TROPHY CLUB PARKING REQUIREMENTS1 SPACES FOR EACH 15 STUDENTS1,200/15TOTAL PARKING SPACES REQUIRED 80 REQUIRED SPACES*CURRENT SITE PARKING MEETS REQUIREMENTS*ACCESSIBILITY REQUIREMENTSTEXAS ACCESSIBILITY STANDARDS 151-200 SPACES, PROVIDE 6 ACCESSIBLECITY OF TROPHY CLUB STANDARDS 151-200 SPACES, PROVIDE 6 ACCESSIBLE1 VAN ACCESSIBLE SPACE PER EVERY 6 ACCESSIBLE SPACES 1 REQUIREDEXISTING PARKING COUNTSREGULAR SPACES 187ACCESSIBLE SPACES 10VAN ACCESSIBLE SPACES 10NEW PROPOSED PARKING COUNTSREGULAR SPACES 3ACCESSIBLE SPACES 0VAN ACCESSIBLE SPACES 0TOTAL SPACES PROVIDEDREGULAR SPACES 190ACCESSIBLE SPACES 10 (6 REQUIRED)VAN ACCESSIBLE SPACES 10 (1 REQUIRED)NO REVISIONDATETown CouncilPage 53 of 106April 14, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:22020-116-T Name: Status:Type:Agenda Item Draft File created:In control:3/18/2020 Town Council On agenda:Final action:3/24/2020 Title:Take appropriate action regarding the National Incident-Based Reporting System (NIBRS) Justice Assistance Grant Program for the Police Department (S. Norwood). Attachments:Staff Report - Grant package NIBRS Compliant RMS -2020.pdf RES 2020-07 - NIBRS Compliant RMS Program.pdf Action ByDate Action ResultVer. Take appropriate action regarding the National Incident-Based Reporting System (NIBRS)Justice Assistance Grant Program for the Police Department (S. Norwood). Town Council Page 54 of 106 April 14, 2020 Page 1 of 2 To: Mayor and Town Council From: Patrick Arata, Police Chief CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary Re: NIBRS Compliant RMS Program Grant Program Town Council Meeting, April 14, 2020 Agenda Item: Consider and take appropriate action regarding the Justice Assistance Grant Program for the Police Department (S. Norwood). Strategic Link: Safety & Security: Achieve exceeding high standards for public safety and low crime rate. Background and Explanation: Justice Assistance Grant Program Resolution: This Grant resolution is to Authorized the Town Manager to execute all necessary documents related to grants submitted under the Office of the Governor, Criminal Justice Division Grant Program. This grant will allow the Police Department to purchase NIBRS Compliant RMS software. This will allow the department to provide detailed reporting information to the FBI’s national reporting system. The grant will cover $35,000.00 of the cost. This approval is needed to apply for the grant. Financial Considerations: The Grant value is approximately: $35,000.00 Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Not applicable Town Council Page 55 of 106 April 14, 2020 Page 2 of 2 Staff Recommendation: Staff recommends Council approve the suggested Grant amendment. Attachments: • NIBRS Compliant RMS Program Grant Resolution Town Council Page 56 of 106 April 14, 2020 TOWN OF TROPHY CLUB RESOLUTION NO. 2020-07 A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING THE SUBMISSION TO THE OFFICE OF THE GOVENOR, CRIMINAL JUSTICE DIVISION, OF A GRANT APPLICATION FOR THE NIBRS COMPLIANT RMS PROGRAM FOR THE 2020-2021 FISCAL YEAR; DESIGNATING AND AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE AS THE TOWN’S AUTHROIZED OFFICIAL TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club finds it in the best interest of the citizens of the Town of Trophy Club that the NIBRS Compliant RMS Program to be operated in the 2020-2021 fiscal year; and WHEREAS, in the furtherance of that objective, the Town Council determines it appropriate and in the best interests of the public health, safety and welfare to submit a grant application to for the NIBRS Compliant RMS Program to the Office of the Governor, Criminal Justice Division; and WHEREAS. The Town of Trophy Club agrees that in the event of loss or misuse of the Criminal Justice Division funds. The Town of Trophy Club assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS, the Town of Trophy Club designates Steven Norwood, Town Manager, as the grantee’s authorized official, the authorized official is given the power to apply for, accept, reject, alter, or terminate the grant on behalf of the Town of Trophy Club and to execute or name a designee to execute all necessary documents. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Town of Trophy Club hereby approves the submission of a grant application for the NIBRS Compliant RMS Program to the Office of the Governor, Criminal Justice Division and authorizes the Town Manager of his designee to execute all documents. Section 2. This Resolution shall become effective from and after the date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this 14th day of April 2020. _ Philp Shoffner, Mayor Pro Tem Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM _ _ Leticia Vacek, Town Secretary J. David Dodd III, Town Attorney Town of Trophy Club, Texas Trophy Club, Texas Grant Application Number: 4116001 Town Council Page 57 of 106 April 14, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:22020-123-T Name: Status:Type:Agenda Item Draft File created:In control:4/7/2020 Town Council On agenda:Final action:4/14/2020 Title:Take appropriate action regarding a Resolution, denying the Oncor Distribution Cost Recovery Factor filing; and providing an effective date (S. Norwood). Attachments:Staff Report - Oncor Denial of DCRF 4.14.2020.pdf RES 2020-08 - Denial of Oncors Distribution Cost Recovery Factor.pdf Action ByDate Action ResultVer. Take appropriate action regarding a Resolution, denying the Oncor Distribution Cost Recovery Factor filing; and providing an effective date (S. Norwood). Town Council Page 58 of 106 April 14, 2020 To: Mayor and Town Council From: Steve Norwood, Town Manager CC: Mike Erwin, Finance Manager Leticia Vacek, Town Secretary Re: Denial of Oncor’s Distribution Cost Recovery Factor Town Council Meeting, April 14, 2020 Agenda Item: Consider and take appropriate action regarding a Resolution, denying the Oncor Distribution Cost Recovery Factor filing; and providing an effective date (S. Norwood). Background and Explanation: On April 3, 2020, Oncor filed an Application to Amend its Distribution Cost Recovery Factor (“DCRF”) with each of the cities retaining original jurisdiction and with the Commission in Docket No. 50734. In the filing, the Company sought to increase distribution rates by $75.9 million annually (an approximately $0.88 increase to the average residential customer’s bill). The resolution authorizes the Town to join with OCSC to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue. Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends Council approval of Resolution No. 2020-08, denying Oncor’s Application to Amend its Distribution Cost Recovery Factor. Attachments: • Resolution 2020-08 Page 1 of 1 Town Council Page 59 of 106 April 14, 2020 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2020-08 A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY LLC’S APPLICATION FOR APPROVAL TO AMEND ITS DISTRIBUTION COST RECOVERY FACTOR TO INCREASE DISTRIBUTION RATES WITHIN THE TOWN SHOULD BE DENIED; AUTHORIZING PARTICIPATION WITH ONCOR CITIES STEERING COMMITTEE; AUTHORIZING THE HIRING OF LEGAL COUNSEL AND CONSULTING SERVICES;FINDING THAT THE TOWN’S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, the Town of Trophy Club, Texas (“Town”) is an electric utility customer of Oncor Electric Delivery Company LLC (“Oncor” or “Company”), and a regulatory authority with an interest in the rates and charges of Oncor; and WHEREAS, the Oncor Cities Steering Committee (“OCSC”) is a coalition of similarly situated cities served by Oncor that have joined together to efficiently and cost effectively review and respond to electric issues affecting rates charged in Oncor’s service area in matters before the Public Utility Commission (“Commission”) and the courts; and WHEREAS, on or about April 3, 2020, Oncor filed with the Commission an Application to Amend its Distribution Cost Recovery Factor (“DCRF”), Commission Docket No. 50734, seeking to increase distribution rates by $75.9 million annually (an approximately $0.88 increase to the average residential customer’s bill); and WHEREAS, the Town of Trophy Club will cooperate with OCSC in coordinating their review of Oncor’s DCRF filing with designated attorneys and consultants, prepare a common response, negotiate with the Company, and direct any necessary litigation, to resolve issues in the Company’s filing; and WHEREAS, all electric utility customers residing in the Town will be impacted by this ratemaking proceeding if it is granted; and WHEREAS, working with the OCSC to review the rates charged by Oncor allows members to accomplish more collectively than each city could do acting alone; and WHEREAS, OCSC’s members and attorneys recommend that members deny Oncor’s DCRF. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town is authorized to participate with OCSC in Commission Docket No. 50734. Town Council Page 60 of 106 April 14, 2020 Section 2. That subject to the right to terminate employment at any time, the Town of hereby authorizes the hiring of the law firm of Lloyd Gosselink and consultants to negotiate with the Company, make recommendations to the Town regarding reasonable rates, and to direct any necessary administrative proceedings or court litigation associated with an appeal Oncor’s DCRF application. Section 3. That the rates proposed by Oncor to be recovered through its DCRF charged to customers located within the Town limits, are hereby found to be unreasonable and shall be denied. Section 4. That the Company shall continue to charge its existing rates to customers within the Town. Section 5. That the Town’s reasonable rate case expenses shall be reimbursed in full by Oncor within 30 days of the adoption of this Resolution. Section 6. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. Section 7. That a copy of this Resolution shall be sent to Tab Urbantke, Attorney for Oncor, at Hunton Andrews Kurth LLP, 1445 Ross Avenue, Suite 3700, Dallas, Texas 75202, and to Thomas Brocato, General Counsel to OCSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, TX 78767-1725, or tbrocato@lglawfirm.com. PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on this 14th day of April 2020. ________________________________________ Philip Shoffner, Mayor Pro Tem Town of Trophy Club, Texas ATTEST: Leticia Vacek, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas [SEAL] RES 2020-08 Page 2 of 2 Town Council Page 61 of 106 April 14, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:22020-118-T Name: Status:Type:Agenda Item Draft File created:In control:3/18/2020 Town Council On agenda:Final action:3/24/2020 Title:Take appropriate action regarding the new rate order change to the sewer rates only to reflect the same rate adopted by Trophy Club Municipal Utility District No. 1 (S. Norwood). Attachments:Rate Update April 1, 2020-rate changes.pdf 2020-0316A MUD Rate Order.pdf ORD 2020-05 PID Wastewater Fees.pdf Staff Report - MUD 2020 PID Rate Order Change.pdf Action ByDate Action ResultVer. Take appropriate action regarding the new rate order change to the sewer rates only to reflect the same rate adopted by Trophy Club Municipal Utility District No. 1 (S. Norwood). Town Council Page 62 of 106 April 14, 2020 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 RATE CHANGES EFFECTIVE ON APRIL 1, 2020 Residential Sewer Rates CURRENT EFFECTIVE APRIL 1, 2020 Base Rate: $ 20.60 $ 22.15 0 to 4,000 $ 3.80 $ 4.10 4,001 to 8,000 $ 5.40 $ 5.85 8,001 to 12,000 $ 7.65 $ 8.25 12,000+ $ 10.90 $ 11.75 Commercial Sewer Rates CURRENT EFFECTIVE APRIL 1, 2020 Base Rate: $ 20.60 $ 22.15 Volumetric Rate: $ 6.37 $ 6.94 Town Council Page 63 of 106 April 14, 2020 RATE ORDER TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 ORDER NO. 2020-0316A AN ORDER ESTABLISHING POLICIES, PROCEDURES, AND RATES FOR WATER AND SEWER SERVICE; PROVIDING FEES FOR CONNECTION, RECONNECTION, INSPECTION, ACCURACY READINGS, AND RETURNED CHECKS; REQUIRING DEPOSITS FOR SERVICE; PROVIDING A PENALTY FOR DELINQUENT PAYMENTS; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, Trophy Club Municipal Utility District No. 1 (the “District”) is the owner and/or operator of a water and sewer system designed to serve present and future inhabitants within the District and the Trophy Club Development; and WHEREAS, the District’s most recent Rate Order was adopted on September 16, 2019 (Order No 2019-0916A), and additional modifications are needed. The District desires to establish all of its rate policies in a single new Rate Order; and WHEREAS, the Board of Directors of the District has carefully considered the terms of this Rate Order No. 2020-0316A and is of the opinion that the following conditions and provisions should be established as the policies, procedures, and rates for obtaining service from the District’s water and sewer system. THEREFORE, IT IS ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 THAT: ARTICLE I TAP FEES AND CONNECTION POLICY Section 1.01. Initiation of Water and Sanitary Sewer Connections. Each person desiring a water and sanitary sewer service connection to the District’s System shall be required to pay such fees as set forth in this Order. No service shall be established or re-established until such fees are paid. All service connections are subject to all other rules, regulations, and policies of the District. A. Certification of System. Connections shall not be made to the District’s System or portions of the System until the District’s engineer or District staff has certified that the System or applicable portion thereof is operable and meets all regulatory requirements. B. Backflow Prevention. No water connections from any public drinking water supply system shall be allowed to any residential or commercial establishment where an actual or potential contamination hazard exists unless the public water facilities are protected from contamination. Rate Order No. 2020-0316A Rate Order 1 of 17Town Council Page 64 of 106 April 14, 2020 At any residential or commercial establishment where an actual or potential contamination hazard exists, protection shall be required in the form of a backflow prevention assembly. The type of assembly required shall be specified by the District. The existence of potential contamination hazards without installation having been made of the means of control and prevention as set out in the preceding paragraph; or, the same having been installed, there is a failure to properly maintain the same, shall be considered sufficient grounds for immediate termination of water service. Service can be restored only when the health hazard no longer exists, or when the health hazard has been isolated from the public water system in accordance with the foregoing requirements. All backflow prevention assemblies that are required according to this section shall be tested upon installation by a recognized backflow prevention assembly tester and certified to be operating within specifications. Backflow prevention assemblies that are installed to provide protection against health hazards must also be tested and certified to be operating within specifications at least annually by a recognized backflow prevention assembly tester. The Customer shall, at his expense, properly install, test, and maintain any backflow prevention device required by this Rate Order. Copies of all testing and maintenance records shall be provided to the District within ten (10) days after maintenance and/or testing is performed. If the Customer fails to comply with the terms of this Order, the District shall, at its option, either terminate service to the property or properly install, test, and maintain an appropriate backflow prevention device at the service connection at the expense of the Customer. Any expenses associated with the enforcement of this agreement shall be billed to the Customer. C. Availability of Access/Obstructions. By application for connection to the District’s System, the Customer shall be deemed to be granting to the District and its representatives a right of ingress and egress to and from the meter or point of service for such installation, maintenance and repair as the District, in its judgment, may deem reasonably necessary. The Customer shall also be deemed to be granting to the District and its representatives a right of ingress and egress to the Customer’s property, including the exterior of the Customer’s premises, for the purpose of performing the inspections and completing the Customer’s Service Inspection Certifications required by the District’s rules and regulations. Taps and connections will not be made when, in the opinion of the District, building materials or other debris obstructs the work area or the work area is not completed or finished to grade. When sidewalks, driveways or other improvements have been constructed prior to application for service, such application shall be construed and accepted as the Customer’s waiver of a claim for any damages to such improvements resulting from the reasonable actions of the District in installation of the connection. Rate Order No. 2020-0316A Rate Order 2 of 17Town Council Page 65 of 106 April 14, 2020 Section 1.02. Residential Fire Lines, Connections, and Fees. A residence of at least six-thousand (6,000) square feet but less than eight-thousand (8,000) square feet shall have installed on its one-inch (1”) water service line, for fire protection, a one-inch (1”) U-branch, with a separate meter and meter-box. The cost of installation, including parts, equipment, and labor shall be eight-hundred dollars ($800.00), payable at the time of permitting. A residence of eight-thousand (8,000) square feet or greater, in addition to its regular one- inch (1”) water service line, shall have installed a separate one-and one-half (1 ½ “) water service line for fire protection with its own meter and meter-box. The cost of connection and installation of the fire line and meter shall be either one thousand six hundred dollars ($1,600.00) if the home is on the same side of the street as the waterline; or, if it is on the opposite side of the street from the waterline, necessitating boring, then the charge shall be two thousand nine hundred seventy five dollars ($2,975.00), payable at the time of permitting to the District. Section 1.03. Connections by District. All Connections to the District’s water and sewer system shall be made with written approval of the District and in accordance with the District’s Plumbing Code and its rules and regulations. No person except the General Manager or his/her authorized agent shall be permitted to tap or make any connection to the mains or distribution piping of the District’s water system, or make any repairs, additions to, or alterations in any meter, box, tap, pipe, cock or other fixture connected with the water system or any manhole, main, trunk or appurtenance of the District’s sanitary sewer system. No sewer connection shall be covered in the ground and no house lead shall be covered in the ground before it has been inspected and approved by a licensed plumbing inspector with jurisdiction of the site. Section 1.04. Water and Sewer Tap Fees. Fees for water and sewer taps performed by the District are as follows: Water Service Taps: Size Fee for Tap Bore (if applicable) up to 1" Tap $1,200.00 $5,000.00 2" Tap $1,800.00 $10,000.00 3" Tap $4,500.00 $10,000.00 4" Tap $5,500.00 $10,000.00 6" Tap $6,500.00 $10,000.00 8" Tap $7,500.00 $10,000.00 10" Tap $8,500.00 $10,000.00 Sewer Service Taps: Actual cost plus 10%. An estimate will be provided prior to work being performed. Rate Order No. 2020-0316A Rate Order 3 of 17Town Council Page 66 of 106 April 14, 2020 When water taps have been made by someone other than the District personnel, there is an installation/inspection fee of fifty dollars ($50.00) plus the cost of the appropriate meter. Section 1.05. Inspections and Fees. Fees for permits and for plumbing inspections (other than for sewer and backflow inspections referred to below in subparagraphs A and B) should be paid to the city or town in which the property is located or to the District if the property is not located within a city or town. A. Sewer Inspection and Fees. Sewer connections and house service lines shall be inspected by the District. An inspection fee of one-hundred-fifty dollars ($150.00) shall be paid to the District for each connection to the District sanitary sewer system. Installations that fail to conform at any time to the rules and regulations shall be disconnected. Any customer whose connection is disconnected for such failure shall be notified as to the basis for such disconnection. After noted deficiencies have been corrected, a re-inspection shall be made upon payment to the District of a re- inspection fee of twenty-five dollars ($25.00), plus payment by the customer of all outstanding charges. If subsequent re-inspections are required before the sewer connection and service lines are in compliance with the rules and regulations, a re- inspection fee of twenty-five dollars ($25.00) shall be paid to the District for each subsequent re-inspection. Inspections by the District requested after regular business hours will be charged at a minimum of one-hundred dollars ($100.00). B. Backflow Inspections. Backflow installations (residential and commercial) that require annual inspections must have a certified Backflow Technician perform the testing and submit the report annually to the District. C. Swimming Pool Discharge into Sanitary Sewer System. New swimming pools permitted on or after June 24, 2005, shall have all backwash and/or drainage from said pool discharge into the sanitary sewer system. Owners of pools built or permitted prior to July 1, 2005 are not required to retrofit the pool equipment and tie into the sanitary sewer. However, swimming pool backwash and drainage must drain to grassy areas and is not permitted to flow into the storm drain system, creeks, or other waterways. For swimming pools discharging to the sanitary sewer system, an indirect connection shall be made by means of an air break, discharging into a tailpiece installed a minimum of six inches (6”) (or 152 mm) above adjacent grade. The tailpiece shall be connected to a minimum three-inch (3” or 76mm) p-trap not less than twelve inches (12” or 304 mm) below grade which discharges into the yard cleanout riser. Backwash systems shall not flow onto neighboring properties or into the storm sewer. The tie-in and inspection fee shall be seventy-five dollars ($75.00) to be paid at the time of issuance of the pool permit. Rate Order No. 2020-0316A Rate Order 4 of 17Town Council Page 67 of 106 April 14, 2020 Section 1.06 Temporary Water Service-Construction Meters. A. Construction Meters. The District shall be authorized to make a temporary connection to any fire hydrant or flushing valve upon request for temporary water service. All temporary service shall be metered and billed to the temporary customer as provided herein. All unauthorized withdrawal of water from flushing valves, fire hydrants, or other appurtenances of the District’s System is prohibited. B. Application and Deposit. Each temporary customer desiring temporary water service shall be required to execute an application for such temporary service and shall provide a minimum-security deposit of one-thousand-seven-hundred- seventy-five dollars ($1,775.00) for a three-inch (3”) meter and RPZ; one-thousand- four-hundred-twenty-five dollars ($1,425.00) for a smaller meter and smaller RPZ. The deposit shall be made by cashier’s check or money order payable to the District. The deposit shall be used by the District to secure the payment for temporary water supplied by the District, the installation fee, and the cost of repair of any damages caused by the temporary customer. The balance of the security deposit, if any, shall be refunded after disconnection from the District’s System. C. Construction Meter Fees and Rates. Construction meters will be charged the same monthly rates (base fee and volumetric rate) for water as commercial accounts as set forth in Article II of this Rate Order. D. Temporary Construction Meter Use and Billing. Construction meters can be rented by filing an application at the District office and payment of all required deposits. Upon approval of the application, a temporary meter and RPZ will be provided to the applicant. Installation on any fire hydrant or flush valve must be approved by the District and District meters may only be used within the District’s service area. The location of installation must be indicated on the application and cannot be relocated unless notification is provided to and approved by the District in advance. Temporary meters may only be rented for a period of ninety (90) days and extensions may be approved upon request and approval. Failure to return a temporary meter or request a usage extension by the due date will result in repossession of the meter and forfeiture of the deposit. Upon return of a temporary construction meter, an inspection of the meter and RPZ will be performed. Any and all damages to the meter and/or RPZ will be charged to the customer and deducted from the deposit. If the deposit does not cover the total amount of damages, the balance will be billed to the customer and payment must be received by the due date. Failure to pay all charges due will result in suspension of rental privileges until payment in full and may result in collection procedures. E. Return of Temporary Meter at District Request. The District reserves the right to request the return of a temporary construction meter at any time determined Rate Order No. 2020-0316A Rate Order 5 of 17Town Council Page 68 of 106 April 14, 2020 necessary by the District. Should Stage 2 Drought Restrictions or more stringent restrictions be implemented, all temporary construction meters must be returned within three (3) business days of notification by the District. Failure to promptly return the temporary meter within three business days will result in repossession of the meter and forfeiture of the deposit. Should District personnel be unable to locate the temporary meter for repossession, theft charges will be filed against the meter holder with local law enforcement. Section 1.07 Service Outside the District. The rates and charges stated in this Rate Order are for services to customers and property located within the boundaries of the District. Any service to a customer or property located outside the boundaries of the District shall be granted only upon approval by the Board of Directors of the District. Out of District customers will pay the adopted rates for in district customers plus 15% for both water and sewer base and volumetric rates. For the purpose of customer classification, Trophy Club Park at Lake Grapevine is considered “in-district” and subject to all rates and service provisions related to in-district customers. Section 1.08 Service to New Development and Extension of Facilities. A. New Service Connections and Extension of Facilities. New service connections and extension of facilities must be constructed and installed in accordance with the District’s Rules Governing New Service Connections and Extension of Facilities as approved through separate Resolution by the Board of Directors. Applicants for Non-Standard Service must submit all required information and pay all fees prior to conveyance of facilities and service commencement. B. Application Fee for Non-Standard Service. Upon request for non-standard service an application fee of $150 must be submitted. C. Design of Facilities. All water and wastewater facilities to be constructed to extend service to new developments must be designed by a professional engineer licensed in the State of Texas at the applicant’s expense. The District must approve the plans and specifications prior to the commencement of construction. At the time of plan review submittal, the applicant must provide payment to the District in the amount of $2,500.00 as deposit for review of each set of plans and specifications reviewed by the District’s engineer. The actual final fee for plan review by the District’s engineer shall be provided to the applicant upon approval of the plans. If there is a balance due over the $2,500 paid by the applicant at submittal, the balance due shall be paid by the applicant prior to receiving District approval of plans and specifications. District construction plans, and specifications shall be strictly adhered to, but the District reserves the right to change order any specifications, due to unforeseen circumstances during the design or construction of the proposed facilities, or as otherwise authorized by applicable laws, to better facilitate the operation of the facility. All expenses and costs associated with a change order shall be charged to the Rate Order No. 2020-0316A Rate Order 6 of 17Town Council Page 69 of 106 April 14, 2020 applicant. Service to new developments is subject to available capacity in the District’s water and wastewater systems. All new potential developments must seek written approval from the General Manager that capacity is available to serve and may be required to install offsite improvements if capacity is not available with current system infrastructure. D. Inspection Fees. The District will inspect all infrastructure during construction. Inspection fees of $100 per lot must be paid to the District prior to a notice to proceed being issued. A minimum of $500 for inspection fees is required if less than five (5) lots are to be developed. Section 1.09 Water Meter Fees. METER SIZE WATER METER FEE 5/8" $279 1" $353 1-1/2" $736 2" Quoted at Time of Purchase 3" Quoted at Time of Purchase 4" Quoted at Time of Purchase 6" Quoted at Time of Purchase 8" Quoted at Time of Purchase 10" Quoted at Time of Purchase Fees must be received by the District before any connection is installed. A customer seeking service through an oversized connection line or from a meter larger than a one-inch (1”) standard meter shall follow the District’s policy for new development as outlined in Section 1.07 above. Should approval be granted by the District, the customer agrees to pay the water and sewer rates as outlined in Article II of this Rate Order. Section 1.10. Fort Worth Impact Fee. Each customer requesting an initial connection, shall also pay to the District the applicable City of Fort Worth Impact Fee. Section 1.11. Title to Facilities. Title to all water meters, water and sewer taps, and all other appurtenances, including meter boxes, shall lie in the District. Rate Order No. 2020-0316A Rate Order 7 of 17Town Council Page 70 of 106 April 14, 2020 ARTICLE II SERVICE RATES Section 2.01. Water Service Rates. The following monthly rates for water service shall be in effect for each separate connection within the District. The base rate for each connection (meter) is calculated upon meter size and will be charged for each residential and commercial meter: (1) Water Rates BASE RATES: METER SIZE MONTHLY BASE RATE 5/8" & 3/4" $18.15 1" $34.11 1.5" $60.26 2" $91.63 3" $164.84 4" $269.43 6" $530.89 VOLUMETRIC RATES: Gallons Used Rate per 1000 gallons 0 to 6,000 $3.96 6,001 to 17,000 $4.61 17,001 to 25,000 $5.34 25,001 to 50,000 $6.20 50,001+$7.21 (2) Multi-Unit Buildings. Each multi-unit building (apartments, townhomes, business complex, etc.) served by a single 5/8” meter or 1” meter shall be billed the base rate for the meter size servicing the building multiplied by the number of units in the building or complex. Rate Order No. 2020-0316A Rate Order 8 of 17Town Council Page 71 of 106 April 14, 2020 Section 2.02. Sewer Service Rates. The following monthly rates for the collection and disposal of sewage shall be in effect for each separate connection within the District: Residential Sewer Rates: The District uses winter averaging for the purpose of calculating sewer charges on utility bills. The sewer charges are based on average water consumption for three months (December, January and February billing). The average consumption will be analyzed annually and take effect the first of April each year. New customers will be assigned a default value user charge that is equal to the average winter water use for all residential customers. The winter average used for new residential customer is 7,000 gallons. A customer with a water leak during the averaging months may request a reduction in the sewer usage calculation. Any customer filling a pool after resurfacing, construction or major repairs during the averaging months may request that their winter average calculation be adjusted. Requests for a reduction in sewer usage calculations must be submitted in writing to the General Manager and have documentation showing the construction or repairs as applicable to the issue. The General Manager or a duly authorized representative may adjust the metered water usage in determining the winter average. To assist in establishing winter averaging sewer rates, customers are encouraged to submit requests for sewer average reductions no later than March 15th. A. Residential Sewer Rates: Effective April 1, 2020   Base Rate: $ 22.15 0 to 4,000 $ 4.10 4,001 to 8,000 $ 5.85 8,001 to 12,000 $ 8.25 12,000+ $ 11.75 B. Commercial Sewer Rates: Effective April 1, 2020    Base Rate: $ 22.15 Volumetric Rate:$ 6.94 *Commercial sewer usage is billed based on actual water usage per month Rate Order No. 2020-0316A Rate Order 9 of 17Town Council Page 72 of 106 April 14, 2020 C. Multi-Unit Buildings. Each multi-unit building (apartments, townhomes, business complex, etc.) shall be billed the base rate for each meter servicing the building and sewer usage will be billed based on actual water usage per month. Section 2.03 Effluent Charge. The effluent from the District’s wastewater treatment plant will be sold pursuant to separate contracts entered into with the District and approved by its Board of Directors. Section 2.04. Master Meter (Cooling Tower Calculation). The water usage from the master meter reading minus the reading from the “Blow Down” meter equals the “evaporation.” Water usage less “evaporation” equals sewer usage for billing purposes. Section 2.06. Regulatory Assessment. Pursuant to Section 5.235, Texas Water Code, and 30 TAC 291.76, the District shall collect and pay an annual regulatory assessment fee to the Texas Commission on Environmental Quality (“TCEQ”) in the amount required by law on the total charges for retail water and sewer service billed to its customers annually. The regulatory assessment fee will be detailed separately on customer bills. Section 2.07. No Reduced Rates or Free Service. All customers receiving water and/or sewer service from the District shall be subject to the provisions of this Order and shall be charged the rates established in this Order. No reduced rate or free service shall be furnished to any customer whether such user be a charitable or eleemosynary institution, a political subdivision, or municipal corporation; provided, however, this provision shall not prohibit the District from establishing reasonable classifications of customers. ARTICLE III SERVICE POLICY Section 3.01. Security Deposits. Security deposits shall be required as follows: A. Builder’s Deposit. A seventy-five dollar ($75.00) security deposit shall be required of builders for each tap made by the District for such service connection, payable at or prior to the time that such tap is made, and the security deposit is refundable to the builder when the account is later transferred to an owner if that account and all other accounts of the builder are current at the time of the transfer; but, if that account or any other account of the same builder is not current at the time of such transfer to an owner, then the security deposit shall be applied against the outstanding balance of the builder’s account(s) at the time of such transfer. The District shall deduct from the deposit the cost to repair any damage caused to the District’s property by the builder or the builder’s employees, contractors, Rate Order No. 2020-0316A Rate Order 10 of 17Town Council Page 73 of 106 April 14, 2020 subcontractors or agents and shall deduct any delinquent water and sewer service bills of the builder. In the event any amounts are deducted from the builder’s deposit, it will be incumbent on the builder to reinstate the original amount of the deposit, and failure to do so will result in the suspension of any additional water taps for the builder. B. Residential Owners. A security deposit of seventy-five ($75.00) shall be required from each residential owner customer for a single-family home connected to the District’s system. Upon discontinuation of service, the deposit shall be applied against amounts due, including disconnection fees. C. Commercial Deposits   COMMERCIAL DEPOSITS METER SIZE WATER SEWER  ¾” $75 $60 1” $100 $100 1.5” $250 $200 2” $500 $320 3” $1,000 $700 4” $1,800 $1,200 6” $3,750 $2,500 8” $5,400 $3,600 D. Residential Lessees. A security deposit of one-hundred-fifty dollars ($150.00) shall be required from each residential lessee customer for a single-family home. Upon discontinuation of service, the deposit shall be applied against amounts due, including any disconnection fees. E. Construction Meters. See Section 1.06 above. F. Other customers. A security deposit equal to two (2) months estimated average monthly water and sewer bill shall be required of all other customers including commercial and multi-unit accounts. G. Deposits. The District does not pay interest on deposits. The interest drawn by the District on customer deposits is returned into the operating budget of the water/sewer fund to help in providing the lowest possible water and sewer rates for our customers. Section 3.02. Billing Procedures. All accounts shall be billed in accordance with the following: Rate Order No. 2020-0316A Rate Order 11 of 17Town Council Page 74 of 106 April 14, 2020 A. Due Date and Delinquency. Charges for water and sewer service shall be billed monthly. Payment shall be due on or before the twentieth (20 th) day of the month in the month in which the bill was received. Unless payment is received on or before the twentieth (20th) day of the month, such account shall be considered delinquent. If the due date falls on a holiday or weekend, the due date for payment purposes shall be the next working day after the due date. The District shall charge a penalty on past due accounts calculated at the rate of fifteen percent (15%) per month on water and sewer charges. The rates for water and sewer service shall depend upon the type of user and upon whether the water used has been chemically treated, as provided in this Rate Order. All accounts not paid by the due date shall be deemed delinquent and failure to make payment thereafter may result in the termination of water and sewer service. B. Notice and Appeal. Prior to termination of service, a customer who is delinquent in payment shall be sent a notice that service will be discontinued on or after the fifteenth (15th) day after the date of such notice unless payment in full is received before by such day disconnection is scheduled. Notice shall be sent by first class United States mail and shall inform the customer of the amount of the delinquent bill, the date service will be disconnected if payment is not made, and of the customer’s right to contest, explain, or correct the charges, services, or disconnection. Service shall not be disconnected where a customer has informed the District of his or her desire to contest or explain the bill. If the customer appears before the Board, the Board shall hear and consider the matter and inform the customer of the Board’s determination by sending written notice to the customer by first class United States mail stating whether or not service will be disconnected. In the event of a service is disconnected more than two (2) times per calendar year (January through December) for non-payment, an additional Security Deposit of $150.00 will be required for Residential homeowners and $150.00 for Lessees to restore service in addition to a $50.00 service fee, and afterhours re-connection charges if applicable, and any outstanding balance in Arrears will need to be brought current. As set out above in Section 3.01. If payment is not received prior to the date that disconnection has been scheduled, a service charge of $50.00 dollars will be added to the account. Reconnections made outside of the District’s normal business hours at the customer’s request will be charged at an additional after hour’s fee of one-hundred dollars ($100.00). C. Business Hours. For purposes of assessing the foregoing charges, “normal” or “regular” business hours shall mean only the hours between 8 a.m. and 5 p.m., Monday through Friday. All other times, including District holidays, are outside of the District’s normal business hours and will result in the higher charge. D. Returned Checks and Bank Drafts. A twenty-five-dollar ($25.00) charge will be charged to the customer’s account for any check or ACH bank draft returned by Rate Order No. 2020-0316A Rate Order 12 of 17Town Council Page 75 of 106 April 14, 2020 the bank. Any amounts due on an account which have been paid with a check or ACH bank draft that has been returned by the bank must be paid in full by cash, cashier’s check or money order, including all late charges and returned check charges, within ten (10) days from the day the District mails notice to the customer or otherwise notifies the customer that the check or ACH bank draft has been returned by the bank. E. Same-Day Service. An additional charge of twenty-five dollars ($25.00) shall be made when a customer requests same-day service. As an example, this charge will be implemented upon request by a customer for same-day service to start or terminate water and sewer service or to perform re-reads the same day as requested. F. Accuracy Reading Fee. A meter accuracy reading fee in the amount of twenty-five dollars ($25.00) shall be charged to a customer by the District for each meter accuracy reading made by the District for such customer when the original reading appears to be accurate. If the original meter reading appears to be in error, no fee will be charged. Each customer will be allowed one accuracy meter reading per calendar year at no charge. **Should a customer request that a meter be removed, and bench tested by an outside source, then a fee of one-hundred-twenty- five dollars ($125.00) will be charged to the customer. If the meter fails to meet American Water Works Association standards for in-service meters, then the customer will be given a credit offsetting the amount of the charge. https://www.awwa.org/publications/journal-awwa/abstract/articleid/34055179.aspx G. Meter Data Logging Fee. Each customer will be allowed one data log at no- cost per fiscal year. A fee of twenty-five dollars ($25.00) shall be charged to a customer by the District for each meter data logging service performed thereafter. Meter data logging service can only be provided during regular business hours. Section 3.03. Entitlement. Water and sewer service shall be provided to customers in accordance with all TCEQ rules covering minimum water and sewer standards. Section 3.04. Unauthorized and Extraordinary Waste. The rates established herein are applicable for Domestic Waste as defined herein. Customers proposing to generate other types of waste will be assessed additional charges as established by the District. Section 3.05. Damage to District Facilities. A. Damage to Meter and Appurtenances. No person other than a duly authorized agent of the District shall tamper with or in any way interfere with a meter, meter box, service line or other water and/or sewer system appurtenance. The District reserves the right, immediately and without notice, to remove the meter or disconnect water service to any customer whose meter has been tampered with and to assess repair charges to the customer, plus a damage fee not to exceed five-thousand Rate Order No. 2020-0316A Rate Order 13 of 17Town Council Page 76 of 106 April 14, 2020 dollars ($5,000.00), plus any applicable charge for same day service. The District also reserves the right to file civil and/or criminal charges against any person or entity tampering with the District’s public water system and/or sewer system. B. Repair. It is the responsibility of the customer to maintain and repair the water service line from the point of connection to the District’s water meter. The District reserves the right to repair any damage to the District’s System and appurtenances without prior notice and to assess against any customer such penalties as are provided by law and such penalties provided for in this Rate Order in addition to those charges necessary to repair the portion of the System so damaged. C. Video. If at any time a resident/customer wishes to have the District video their sewer line to help the resident determine the condition of their sewer line, the fee will be one- hundred-fifty dollars ($150.00) payable to the District assessed on the next month’s bill. Section 3.06. Easements. Before service is established to any customer, the person requesting such service shall grant an easement of ingress and egress to and from the meter(s) for such maintenance and repair as the District, in its judgment, may deem necessary. Section 3.07. Required Service. No service will be provided by the District unless the customer agrees to receive both water and sewer service, except that permanent irrigation only meters may receive water service only. Irrigation meters cannot be connected to any building plumbing. Section 3.08. Additional Charges. In all cases where services are performed, and equipment or supplies are furnished to a party or entity not within the District, the charge to said party or entity shall be the District’s cost of providing such services, equipment and/or supplies, plus fifteen percent (15%). This shall not apply to services, equipment and/or supplies furnished by the District under an existing Interlocal Agreement. ARTICLE IV INDUSTRIAL WASTE Section 4.01. Industrial Waste Policy. The following policy regarding industrial waste shall be effective: A. Definition. “Industrial waste” shall mean the water-borne solids, liquids, and/or gaseous wastes (including Cooling Water), resulting from any industrial, manufacturing, trade, business, commercial, or food processing operation or process, or from the development of any natural resource, or any mixture of such solids, liquids, or wastes with water or domestic sewage. The Clean Water Act of 1977, as amended, and the General Pretreatment Regulations contained in 40 C.F.R. 403 Rate Order No. 2020-0316A Rate Order 14 of 17Town Council Page 77 of 106 April 14, 2020 contain the requirements for user’s discharge of industrial waste into wastewater facilities. B. Industrial Waste Discharge, Charges, and Rates. If any customer of the District’s sanitary sewer system proposes to discharge industrial waste into such system, the Board of Directors of the District shall request the recommendation of the District Engineer and shall establish rates and charges to provide for an equitable assessment of costs whereby such rates and charges for discharges of industrial waste correspond to the cost of waste treatment, taking into account the volume and strength of the industrial, domestic, commercial waste, and all other waste discharges treated and techniques of the treatment required. Such rates shall be an equitable system of cost recovery which is sufficient to produce revenues, in proportion to the percentage of industrial wastes proportionately relative to the total waste load to be treated by the District for the operation and maintenance of the treatment works, for the amortization of the District’s indebtedness for the cost as may be necessary to assure adequate waste treatment on a continuing basis. C. Pretreatment. The Board of Directors of the District shall rely upon the recommendation of the District Engineer and shall require pretreatment of any industrial waste that would otherwise be detrimental to the treatment works or to its proper and efficient operation and maintenance or will otherwise prevent the entry of such industrial waste into the treatment plant. ARTICLE V ENFORCEMENT/CIVIL PENALTIES Section 5.01. Enforcement. A. Civil Penalties. The Board hereby imposes the following civil penalties for breach of any rule of the District: The violator shall pay the District twice the costs the District has sustained due to the violation up to ten-thousand dollars ($10,000.00). A penalty under this Section is in addition to any other penalty provided by the laws of this State and may be enforced by complaints filed in the appropriate court of jurisdiction in the county in which the District’s principal office or meeting place is located. If the District prevails in any suit to enforce its rules, it may, in the same action, recover any reasonable fees for attorneys, expert witnesses, and other costs incurred by the District before the court. The court shall fix the amount of the attorneys’ fees. B. Liability for Costs. Any person violating any of the provisions of this Order and/or the rules and regulations governing water and sanitary sewer facilities, service lines, and connections shall become liable to the District for any expense, loss or Rate Order No. 2020-0316A Rate Order 15 of 17Town Council Page 78 of 106 April 14, 2020 damage occasioned by the District by reason of such violation, and enforcement thereof shall be in accordance with Paragraph A of Section 5.01 of this Order. Section 5.02. Non-waiver. The failure on the part of the District to enforce any section, clause, sentence, or provision of this Order shall not constitute a waiver of the right of the District later to enforce any section, clause, sentence, or provision of this Order. Section 5.03. Appeal. Any determination by the District of any dispute regarding the terms and provisions of this order may be appealed to the Board of Directors of the District, which shall conduct a hearing on the matter. The District shall provide the customer with information regarding appeals and hearing procedures upon the customer’s request. ARTICLE VI MISCELLANEOUS Section 6.01. Amendments. The Board of the District has and specifically reserves the right to change, alter or amend any rate or provision of this Order at any time. Section 6.02. Severability. The provisions of this Order are severable, and if any provision or part of this Order or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Order and application of such provision or part of this Order shall not be affected thereby. ARTICLE VII REPEAL OF PREVIOUS ORDERS This Rate Order shall be known as the “2020-0316A Rate Order” (Order No. 2020-0316A) of the District. All previous Orders adopted by the Board of Directors pertaining to the subject matter hereof are each hereby repealed in their entirety as of the effective date hereof. ARTICLE VIII EFFECTIVE DATE This Order shall be effective on April 1, 2020. Rate Order No. 2020-0316A Rate Order 16 of 17Town Council Page 79 of 106 April 14, 2020 ARTICLE IX PUBLIC MEETING Rate Order No . 2020-0316A Rate Order It is hereby found that the meeting at which this Order is adopted is open to the public as required by law, and that public notice of the time , place, and subject matter of said meeting and of the proposed adoption of this Order was given as required by law. D APPROVED this 16th day of March 2020. Gregory Wilson, President Board of Directors 17 of 17 Town Council Page 80 of 106 April 14, 2020 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2020-05 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING SUBSECTIONS (F) MONTHLY RESIDENTIAL WASTEWATER FEES AND (G) MONTHLY COMMERCIAL WASTE WATER FEES, OF SECTION A1.014, WATER AND WASTEWATER FEES FOR PUBLIC IMPROVEMENT DISTRICT NO. 1, OF ARTICLE A1.000, GENERAL PROVISIONS, OF APPENDIX A, FEE SCHEDULE, OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING FOR SAVINGS AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, fees imposed by the Town are adopted via Ordinance and are codified in Appendix A of the Code of Ordinances of the Town; and WHEREAS, Appendix A, Article A1.000, Section A1.014 of the Town of Trophy Club Code of Ordinances contains fees for public works for the Trophy Club Public Improvement District No. 1 (hereinafter “PID”), including fees for meters utilized within the PID; and WHEREAS, the Town of Trophy Club (the “Town”) is the owner and/or operator of a water and sewer system designed to serve present and future inhabitants of the Trophy Club Public Improvement District No. 1 (the “Town System”); and WHEREAS, under the Amended and Restated Contract for Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater Operational Services between the Town and Trophy Club Municipal Utility District No. 1 dated July 25, 2017 (the “Contract”), the Trophy Club Municipal Utility District No. 1 (the “MUD”) has agreed to provide the Town with wholesale water and wastewater services and with operations services related to the Town System within the boundaries of the PID Property, as that term is defined in the Contract; and WHEREAS, Section 7.1(a) of the Contract requires that the MUD shall provide to Town any amended or revised MUD Rate Order adopted by MUD and Town shall adopt a Town Rate Order identical to the amended or revised MUD Rate Order. The Town shall adopt a Town Rate Order identical to the amended or revised MUD Rate Order provided that the Town has received receipt of the amended or revised MUD Rate Order at least 96 hours before a regularly scheduled Council meeting. In the event that Town Council Page 81 of 106 April 14, 2020 ORD 2020-05 Page 2 of 5 the Town receives receipt of the amended or revised MUD Rate Order with less than 96 hours before a regularly scheduled Council meeting then the Town shall adopt a Town Rate Order identical to the amended or revised MUD Rate Order at the second regularly scheduled Council meeting after receiving receipt of the amended or revised MUD Rate Order; and WHEREAS, Sections 3.9 and 4.10 of the Contract require the Town to adopt retail water and wastewater service rules, regulations and policies at least as stringent as the provisions of amended or revised MUD service rules, regulations or policies (the “MUD Service Rules and Policies”) within sixty (60) days of Town’s receipt of the amended or revised MUD Service Rules and Policies; and WHEREAS, the Town received a revised MUD Rate Order, with revised MUD Service Rules and Policies, on March 18, 2020 with an effective date of April 1, 2020; and WHEREAS, the Town Council hereby finds that amending Subsections (f) and (g) of Section A1.014, Water and Wastewater Fees for PID No. 1, of Article A1.000, General Provisions, of Appendix A, Fee Schedule, of the Town of Trophy Club Code of Ordinances, as further specified herein, meets its contractual obligations pursuant to the Contract and serves the best interests of the Town. 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 Subsections (f) and (g) of Section A1.014, Water and Wastewater Fees for PID No. 1, of Article A1.000, General Provisions, of Appendix A, Fee Schedule, of the Town of Trophy Club Code of Ordinances are hereby amended as follows and all other subsections not expressly mentioned hereafter shall remain the same: “APPENDIX A FEE SCHEDULE ARTICLE A1.000 GENERAL PROVISIONS . . . Section A1.014 Water and Wastewater Fees for Public Improvement District No. 1 . . . Town Council Page 82 of 106 April 14, 2020 ORD 2020-05 Page 3 of 5 (f) Monthly residential (single-family homes) wastewater fees - effective April 1, 201920: . . . (3) A customer with a water leak during the averaging months may request a reduction in the sewer usage calculation. Any customer filling a pool after resurfacing, construction or major repairs during the averaging months may request that their winter average calculation be adjusted. Requests for a reduction in sewer usage calculations must be submitted in writing to the general manager and have documentation showing the construction or repairs as applicable to the issue. The general manager or a duly authorized representative may adjust the metered water usage in determining the winter average. To assist in establishing winter averaging sewer rates, customers are encouraged to submit requests for sewer average reductions no later than March 15th. (A) Base rate: $20.6022.15. (B) 0–4,000 gallons: $3.804.10/1,000 gallons. (C) 4,001–8,000 gallons: $5.405.85/1,000 gallons. (D) 8,001–12,000 gallons: $7.658.25/1,000 gallons. (E) >12,001 gallons: $10.9011.75/1,000 gallons. (g) Monthly commercial wastewater fees - effective April 1, 201920: (1) Base rate: $20.6022.15. (2) Volumetric rate: $6.376.94/1,000 gallons. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting fees 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. Town Council Page 83 of 106 April 14, 2020 ORD 2020-05 Page 4 of 5 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 portions 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. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect on April 14, 2020 in accordance with law, and it is so ordained. Town Council Page 84 of 106 April 14, 2020 ORD 2020-05 Page 5 of 5 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 14th day of April 2020. Philip Shoffner, Mayor Pro Tem Town of Trophy Club, Texas [SEAL] ATTEST: Leticia Vacek, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas Town Council Page 85 of 106 April 14, 2020 Page 1 of 2 To: Mayor and Town Council From: Tommy Uzee, Director of Community Development CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary/RMO Re: PID Water and Wastewater Fees Rate Order Change Town Council Meeting, April 14, 2020 Agenda Item: Consider and take appropriate action regarding an Ordinance of the Town amending Appendix A, Fee Schedule, to establish fees and rates for water and wastewater services to customers within the boundaries of Trophy Club Public Improvement District (PID) No. 1; providing that Trophy Club Municipal Utility District (TCMUD) No. 1 Services Rules and Policies are applicable to customers within the PID No. 1; and providing a penalty and effective date (Staff). Strategic Link: Collaborate effectively with other governmental entities. Background and Explanation: The TCMUD No. 1 Board of Directors met on March 16, 2020 to determine the final average rates; therefore the Town is adopting a Town Rate Order identical to the amended MUD Rate Order. The changes provided on the attachments identify a rate increase in sewer service fees for both residential and commercial applications. Financial Considerations: None Applicable Legal Review: None Applicable Board/Commission/ or Committee Recommendation: The TCMUD action of approval. Town Council Page 86 of 106 April 14, 2020 Page 2 of 2 Staff Recommendation: Staff recommends approval of Ordinance No. 2020-05 as submitted. Attachments: • Ordinance 2020-05 PID Water and Wastewater Fees. • TCMUD Order 2020-316A Town Council Page 87 of 106 April 14, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:22020-124-T Name: Status:Type:Agenda Item Draft File created:In control:4/8/2020 Town Council On agenda:Final action:4/14/2020 Title:Youth Programs Standards of Care Conduct a Public Hearing and take appropriate action regarding an Ordinance renewing Section 108.001, Youth Programs Standards of Care, of Division 1, of Article 108, Parks and Recreation, of Chapter 1, General Provisions, of the Town of Trophy Club Code of Ordinances, and providing an effective date (S. Norwood). Attachments:Staff Report - Youth Programs Standards of Care.pdf ORD 2020-06 - Youth Programs Standards of Care.pdf Action ByDate Action ResultVer. Youth Programs Standards of Care Conduct a Public Hearing and take appropriate action regarding an Ordinance renewing Section 108.001, Youth Programs Standards of Care, of Division 1, of Article 108, Parks and Recreation, of Chapter 1, General Provisions, of the Town of Trophy Club Code of Ordinances, and providing an effective date (S. Norwood). Town Council Page 88 of 106 April 14, 2020 Page 1 of 4 To: Mayor and Council From: Tony Jaramillo, Director of Parks and Recreation CC: Steve Norwood, Town Manager Sharon David, Interim Town Secretary Re: Youth Programs Standards of Care Town Council Meeting, April 14, 2020 Agenda Item: A) Conduct a Public Hearing regarding an Ordinance renewing Section 1.08.001, Youth Programs Standards of Care, of Division 1, Generally, of Article 1.08, Parks and Recreation, of Chapter 1, General Provisions, of the Town of Trophy Club Code of Ordinances; and providing an effective date (S. Norwood). B) Consider and take appropriate action regarding an Ordinance renewing Section 1.08.001, Youth Programs Standards of Care, of Division 1, Generally, of Article 1.08, Parks and Recreation, of Chapter 1, General Provisions, of the Town of Trophy Club Code of Ordinances; and providing an effective date (S. Norwood). Strategic Link: Maintain Town assets, services, and codes of ordinances that preserve the natural beauty of the Town Background and Explanation: Staff is requesting the renewal of the Town of Trophy Club 2020 Youth Programs Standards of Care. In order to receive exempt status for a youth recreation program, a municipality must adopt a Youth Programs Standards of Care by Ordinance. The Town of Trophy Club Youth Programs Standards of Care will provide basic child care regulations for day camp activities operated by the Trophy Club Parks and Recreation Department in accordance with Section 42.041(b)(14) of the Human Resources Code. Town Council Page 89 of 106 April 14, 2020 Page 2 of 4 Please find below minor proposed changes within: • Page 3 – subsection (a) Aquatic and Recreation Specialist. Town of Trophy Club’s full time programmer who has been assigned administrative responsibility for the Town of Trophy Club’s Summer program or designee. Recreation Superintendent. Aquatic and Recreation Specialist Coordinator’s supervisor who will handle administrative responsibility for the Town of Trophy Club’s Summer program in addition to the Aquatic and Recreation Specialist. Coordinator’s absence or designee. • Page 4 – subsection (c), (2) and (3) The Recreation Superintendent Specialist will make twice weekly visual inspections of the program. Complaints regarding enforcement of the Standards of Care shall be directed to the Program Coordinator. The Recreation Superintendent Specialist will be responsible to take the necessary steps to address the complaint and resolve the problem, if any. Complaints regarding enforcement of the Standards of Care and resolution of complaints arising under the Standards of Care shall be recorded by the Recreation Superintendent Specialist. All complaints regarding enforcement of the Standards of Care where a deficiency is noted will be forwarded to the Recreation Superintendent with the complaint and the resolution noted. • Page 5 – subsection (e), (1) and (a) (e) Suspected Abuse. Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. In the case where a Town employee is involved in an incident with a child that could be construed as child abuse, the incident must be reported immediately to the Aquatic and Recreation Specialist and Recreation Superintendent. The Recreation Superintendent will immediately notify the Police Department and any other agency as may be appropriate. (1) Aquatic and Recreation Specialist and Recreation Superintendent: (A) Aquatic and Recreation Specialist and Recreation Superintendent are full-time, professional employees of the Town of Trophy Club Parks and Recreation Department and will be required to have all the same qualifications as outlined in Subsection (f)(2). Town Council Page 90 of 106 April 14, 2020 Page 3 of 4 Page 6 – subsection (b), (c), (d), (e), (f) and (g) (B) Aquatic and Recreation Specialist and Recreation Superintendent must meet the minimum education/experience requirements for employment with the Town of Trophy Club to plan and implement recreation activities. (C) Aquatic and Recreation Specilaist and Recreation Superintendent must be able to pass a background investigation including a test for illegal substances. (D) Aquatic and Recreation Specialist and Recreation Superintendent must have a current certification in First Aid, Cardiopulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. (E) Aquatic and Recreation Specialist is responsible for administering the programs’ daily operations in compliance with the adopted Standards of Care. (F) Aquatic and Recreation Specialist is responsible for hiring, supervising, and evaluating the Summer Director, Summer Assistant Directors, and Summer Counselors. (G) Aquatic and Recreation Specialist is responsible for planning, implementing, and evaluating programs. • Page 8 - subsection (g), (a) (1) Staff to Participant Ratio (A) The standard ratio of participants to staff is 1:15 based on average daily attendance. In the event a program employee is unable to report to the program site, the Recreation Specialist Superintendent will assign a replacement. • Page 9 – subsection (4), (b) and (vi) (2) Communication (A) Each program site will have access to a telephone for use in contacting Department staff or making emergency calls. (B) The Recreation Suerintendent Specilaist will make available the following telephone numbers to all employees at each site: (vi) Aquatic and Recreation Specialist • Page 10 – subsection (h), (1) (a) Facility Standards (1) Safety Town Council Page 91 of 106 April 14, 2020 Page 4 of 4 (2) Program employees will inspect the program site daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A weekly inspection report will be completed by the program employees and kept on file by the Recreation Superintendent SpecialistStand Financial Considerations: Not applicable Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation Staff recommends the approval of job titles change to Recreation Superintendent and Aquatic and Recreation Specialist. Attachments: • Revised Youth Programs Standards of Care Ordinance Town Council Page 92 of 106 April 14, 2020 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2020-06 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, RENEWING SECTION 1.08.001, YOUTH PROGRAMS STANDARDS OF CARE, OF DIVISION 1, GENERALLY, OF ARTICLE 1.08, PARKS AND RECREATION, OF CHAPTER 1, GENERAL PROVISIONS, OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES TO ESTABLISH YOUTH PROGRAMS STANDARDS OF CARE TO PROVIDE BASIC CHILD CARE REGULATIONS FOR DAY CAMP ACTIVITIES OPERATED BY THE TOWN OF TROPHY CLUB PARKS AND RECREATION DEPARTMENT; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the Charter of the Town, State law, the Town Council of the Town is empowered to adopt ordinances and rules that are for the good government of the Town; and WHEREAS, the Human Resources Code, Section 42.041(b)(14), establishes requirements for exempting recreational programs operated by municipalities for elementary age (5-13) children from childcare licensing requirements; and WHEREAS, in order to receive exempt status for a youth recreation program, a municipality must adopt a Youth Programs Standards of Care by Ordinance after a public hearing for the program; and WHEREAS, a public hearing was conducted and the Town of Trophy Club Youth Programs Standards of Care was originally adopted on April 11, 2017; and WHEREAS, the Town of Trophy Club Youth Programs Standards of Care provides basic child care regulations for day camp activities operated by the Trophy Club Parks and Recreation Department in accordance with Section 42.041(b)(14) of the Human Resources Code; and WHEREAS, the Town Council hereby finds that renewing Section 1.08.001, Youth Programs Standards of Care, of Division 1, Generally, of Article 1.08, Parks and Recreation, of Chapter 1, General Provisions, of the Town of Trophy Club Code of Ordinances establishes Youth Programs Standards of Care that serves the best interest of the health, safety, and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town Council Page 93 of 106 April 14, 2020 ORD 2020-06 Page 2 of 13 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. AMENDMENT 2.1 Section 1.08.001, Youth Programs Standards of Care, of Division 1, Generally, of Article 1.08, Parks and Recreation, of Chapter 1, General Provisions, of the Town of Trophy Club Code of Ordinances is hereby renewed to establish Youth Programs Standards of Care to read in its entirety as follows: “Chapter 1 General Provisions … Article 1.08 Parks and Recreation … Division 1. Generally Section 1.08.001 Youth Programs Standards of Care (a) Purpose. The following Standards of Care are intended to be minimum standards by which the Town Parks and Recreation Department will operate the Town’s Youth Programs. These programs operated by the Town are recreational in nature and are not licensed by the State of Texas nor operated as day care programs. Adoption of these Standards of Care will allow the Town to qualify as being exempt from the requirements of the Texas Human Resources Code, section 42.041(b)(14). (b) Definitions. For the purpose of this division, the following terms, phrases, words and their derivation shall have the meaning given herein: Department. Parks and Recreation Department. Director. Town of Trophy Club Parks and Recreation Director or designee. Employee or Counselor. Someone who has been hired to work for the Town of Trophy Club and has been assigned responsibility for managing, administering, or implementing some portion of the Town of Trophy Club’s Youth Programs. Parent(s). A parent or guardian who has legal custody and authority to enroll a child in the Town of Trophy Club’s Summer programs. Parent Handbook. Booklet of camp policies, procedures, required forms, organizational, and programming materials relevant to the Summer programs. Town Council Page 94 of 106 April 14, 2020 ORD 2020-06 Page 3 of 13 Participant. A youth whose parent(s) have completed all required registration procedures and who has been determined to be eligible for the Town of Trophy Club’s Summer programs. Program Site. Medlin Middle School or Beck Elementary Recreation Coordinator Specialist. Town of Trophy Club’s full time programmer who has been assigned administrative responsibility for the Town of Trophy Club’s Summer program or designee. Recreation Superintendent. Recreation Coordinator’s supervisor who Who will handle administrative responsibility for the Town of Trophy Club’s Summer program in the Recreation Coordinator’sSpecialist’s absence or designee. Summer Adventure Camp. Town of Trophy Club youth camp program during the summer. Town. Town of Trophy Club. Town Council. Town Council of the Town of Trophy Club. Youth Program or Program. A town-sponsored recreational program for youth that may be offered by the park and recreation department after school, during the summer, during holidays, or during inter session. The term does not include any program or activity to which attendees are free to come and go at will without regard to the presence of a parent or other responsible adult to care for them. (c) General Information/Administration (1) The governing body of the Town of Trophy Club Youth Programs is the Town of Trophy Club Town Council. (2) Implementation of the Standards of Care for Youth Programs is the responsibility of the Parks and Recreation Director and Parks and Recreation Department employees. (3) The Standards of Care apply to all Youth Programs operated by the Department including but not limited to: Summer Adventure Camp Programs. (4) Town Hall will have available for public review a current copy of the Standards of Care. (5) Parents of participants will be provided access to a current copy of the Standards of Care through the Town’s web site. Town Council Page 95 of 106 April 14, 2020 ORD 2020-06 Page 4 of 13 (6) Criminal background checks will be conducted on prospective Youth Program employees, when applicable. If results of that criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: (A) A felony or misdemeanor classified as an offense against a person or family; (B) A felony or misdemeanor classified as public indecency; (C) A felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; (D) Any offense involving moral turpitude; (E) Any offense that is deemed to potentially put the Town of Trophy Club or Youth Program participants at risk. (7) Standards of Care Review: Standards will be reviewed annually and approved by the Town Council after a public hearing is held to pass an ordinance regarding section 42.041(b)(14) of the Human Resources Code. (d) Inspection/Monitoring/Enforcement Standards of care established by the Town of Trophy Club will be monitored and enforced by Town Departments responsible for their respective areas as identified. (1) Health and safety standards will be monitored and enforced by the Town’s Police, Fire and Code Enforcement Departments as required. (2) The Recreation Coordinator Specialist will make twice weekly visual inspections of the program. (3) Complaints regarding enforcement of the Standards of Care shall be directed to the Program Coordinator. The Recreation Coordinator Specialist will be responsible to take the necessary steps to address the complaint and resolve the problem, if any. Complaints regarding enforcement of the Standards of Care and resolution of complaints arising under the Standards of Care shall be recorded by the Recreation Coordinator Specialist. All complaints regarding enforcement of the Standards of Care where a deficiency is noted will be forwarded to the Recreation Superintendent with the complaint and the resolution noted. Town Council Page 96 of 106 April 14, 2020 ORD 2020-06 Page 5 of 13 (e) Enrollment. Before a child may become a participant, a parent/guardian must complete and sign registration forms that contain information pertaining to the participant and their parent(s). The following information must be provided: (1) Name, address, home telephone number (2) Parent/Guardian’s name, address and telephone numbers during program hours (3) Emergency contacts including names and phone number during program hours (4) Names and driver's license numbers of people to whom the child may be released (5) A statement of the child’s special problems, needs or medical conditions (6) Emergency medical authorization (7) Permission for field trips (8) Liability Waiver (f) Suspected Abuse. (1) Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. In the case where a Town employee is involved in an incident with a child that could be construed as child abuse, the incident must be reported immediately to the Recreation Coordinator Specialist and Recreation Superintendent. The Recreation Superintendent will immediately notify the Police Department and any other agency as may be appropriate. (2) Texas state law requires the staff of these youth programs to report any suspected abuse or neglect of a child to the Texas Department of Protective and Regulatory Services or a law enforcement agency. Failure to report suspected abuse is punishable by fine up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1-800-252-5400. (g) Staffing – Responsibilities and Training (1) Recreation Coordinator Specialist and Recreation Superintendent: (A) Recreation Coordinator Specialist and Recreation Superintendent are full- time, professional employees of the Town of Trophy Club Parks and Recreation Department and will be required to have all the same qualifications as outlined in Subsection (g)(2). Town Council Page 97 of 106 April 14, 2020 ORD 2020-06 Page 6 of 13 (B) Recreation Coordinator Specialist and Recreation Superintendent must meet the minimum education/experience requirements for employment with the Town of Trophy Club to plan and implement recreation activities. (C) Recreation Coordinator Specialist and Recreation Superintendent must be able to pass a background investigation including a test for illegal substances. (D) Recreation Coordinator Specialist and Recreation Superintendent must have a current certification in First Aid, Cardiopulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. (E) Recreation Coordinator Specialist is responsible for administering the programs’ daily operations in compliance with the adopted Standards of Care. (F) Recreation Coordinator Specialist is responsible for hiring, supervising, and evaluating the Summer Director, Summer Assistant Directors, and Summer Counselors. (G)Recreation Coordinator Specialist is responsible for planning, implementing, and evaluating programs. (2) Youth Program Staff: (A) Program employees include Director, Assistant Director(s), and Counselors. (B) Program employees may be full-time, part-time, or seasonal employees of the Parks and Recreation Department. (C) Program employees shall be age 16 or older. However, each site will have at least one employee age 21 or older on site at all times. (D) Program employees should consistently exhibit competency, good judgment, and self-control when working with participants. (E) Program employees must relate to participants with courtesy, respect, tolerance, and patience. (F) Program employees must have a current certification in First Aid, Cardio Pulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. Town Council Page 98 of 106 April 14, 2020 ORD 2020-06 Page 7 of 13 (G)Program employees must pass a background investigation when applicable, including testing for illegal substances. (H) Program employees will be responsible for providing participants with an environment in which they can feel safe, enjoy wholesome recreation activities, and participate in appropriate social opportunities with their peers. (I) Program employees will be responsible to know and adhere to all Town, Departmental, and youth program standards as well as policies and procedures that apply to the youth programs. (J) Program employees must ensure that participants are only released to a parent or authorized person, designated by the parent or guardian. If a parent wishes their child to sign himself in or out the parent must provide specific, written authorization. (3) Training and Orientation (A) The department is responsible for providing training and orientation to program employees in working with children and for specific job responsibilities. (B) Program employees will be provided with a staff manual. (C) Program employees must be familiar with the Standards of Care for Youth Programs as adopted by the Town Council. (D) Program employees must be familiar with the program policies including discipline, guidance, and release of participants as outlined in the staff manual. (E) Program employees will be trained with appropriate procedures to handle emergencies. (F) Program employees will be trained in areas including Town departmental program policies, procedures, leading activities, and safety issues. (G)Program employees will be required to sign an acknowledgement that they have received the required training. (h) Operations (1) Staff to Participant Ratio Town Council Page 99 of 106 April 14, 2020 ORD 2020-06 Page 8 of 13 (A) The standard ratio of participants to staff is 1:15 based on average daily attendance. In the event a program employee is unable to report to the program site, the Recreation Coordinator Specialist will assign a replacement. (B) Program employees are responsible for being aware of the participants’ habits, interests, and special needs as identified by the participant's’ parent/guardian during the registration process. (2) Discipline (A) Program employees will implement discipline and guidance in a consistent manner based on the best interest of program participants. (B) There will be no cruel treatment or harsh punishment. (C) Program employees may use brief, supervised separation from the group if necessary. (D) As necessary, program employees will initiate behavior reports to the parents of participants. Parents will be asked to the sign the behavior reports to indicate they have been advised about specific problems or incidents. (E) A sufficient number and/or severe nature of a discipline report(s) as indicated in the program manual may result in a participant being suspended from the program. (F) In instances where there is a danger to other participants or staff, offending participants will be removed from the program site as soon as possible. (3) Programming (A) Program employees will attempt to provide activities for each group according to participants’ age, interests, and abilities. The activities will be appropriate to participants’ health, safety, and well-being. The activities must be flexible and promote the participants emotional, social, and mental growth. (B) Program employees will attempt to provide indoor and outdoor time periods to include: (i) Alternating active and passive activities; (ii) Opportunity for individual, small and large group activities, and Town Council Page 100 of 106 April 14, 2020 ORD 2020-06 Page 9 of 13 (iii) Outdoor time each day as weather permits. (C) Program employees will be attentive and considerate of the participants’ safety on field trips and during any transportation provided by the program. (i) During trips, program employees must have access to emergency medical forms and emergency contact information for each participant; (ii) Program employees must have a written list of participants in the group and must check the roll frequently, specifically before departure to and from location; and (iii) Program employees must have first aid supplies and emergency care available on field trips. (4) Communication (A) Each program site will have access to a telephone for use in contacting Department staff or making emergency calls. (B) The Recreation Coordinator Specialist will make available the following telephone numbers to all employees at each site: (i) Emergency services (ii) Trophy Club Police Department dispatch (iii) Parks and Recreation Department (iv) Poison Control (v) Numbers at which parents/guardians may be reached (vi) Recreation Coordinator Specialist (vii) Recreation Superintendent (viii) Telephone and address for the program site itself (ix) Field trip destinations (5) Transportation Town Council Page 101 of 106 April 14, 2020 ORD 2020-06 Page 10 of 13 (A) Before a participant can be transported to and from Town-sponsored activities, the field trip release statement must be marked by the parent/guardian on the registration form. (B) First aid supplies will be available in all program vehicles that transport children. (C) All program vehicles used for transporting participants must have available a portable fire extinguisher and must be accessible to the adult occupants. (D) Seatbelts must be worn when provided. (i) Facility Standards (1) Safety (A) Program employees will inspect the program site daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A weekly inspection report will be completed by the program employees and kept on file by the Recreation Coordinator.Specialist. (B) Buildings, grounds, and equipment on the program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. (C) Program equipment and supplies should be safe for the participants’ use. (D) Program must have first aid supplies readily available at each site, during transportation to an off-site activity, and for the duration of the off-site activity. (E) Air conditioners, electric fans, and heaters must be mounted out of participants reach or have safeguards that keep participants from being injured. (2) Fire (A) In case of fire, danger or fire, explosion or other emergency, program employees’ first priority is to evacuate the participants to a designated safe area. (B) Each program site must have at least one fire extinguisher approved by the fire marshal readily available to all program employees. (C) All program employees will be trained in proper use of fire extinguishers as well as locations of fire extinguishers through the program site. Town Council Page 102 of 106 April 14, 2020 ORD 2020-06 Page 11 of 13 (3) Illness or Injury (A) A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the program. (B) Illnesses or injuries will be handled in a manner to protect the health of all participants and employees. (C) Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the program manual. (D) Program employees will follow the recommendation of the Texas Department of State Health Services concerning the admission or readmission of any participant after a communicable disease. (4) Medication (A) Parent/guardian must complete and sign a medication release that provides authorization for program staff to dispense medication with details as to times and dosages. The release will include a hold harmless clause to protect the Town. (B) Prescription medications must be in the original containers labeled with the participants’ name, a date, directions, and the physician’s name. The prescribing physician must provide written guidelines. Program employees will administer medication only as stated on the label. Program employees will not administer medication after the expiration date. (C) Non-prescription medications are labeled with the participant’s name and the date the medication was brought to the youth program. Non- prescription medication must be in the original container. The program employees will administer medication only according to the label directions and with written parental permission. (D) Medications dispensed will be limited to those not requiring special knowledge or skills on the part of the program employees. (E) Program employees will ensure medications are inaccessible to participants. If necessary, medication will be kept in the refrigerator. (5) Special Needs (A) Every reasonable accommodation will be made to address special needs participants. Town Council Page 103 of 106 April 14, 2020 ORD 2020-06 Page 12 of 13 (B) For health and safety reasons, special needs participants must provide a personal attendant for assistance in feeding, changing of clothes, and using the restroom if needed. (6) Toilet Facilities (A) The program site will have toilets located inside and equipped so participants can use them independently and program employees can monitor as needed. (B) There must be one flush toilet for every 30 participants. Urinals may be counted in the ratio of toilets to participants, but must not exceed 50% of the total number of toilets. (C) An appropriate and adequate number of lavatories will be provided. (7) Sanitation (A) Program sites must have adequate light, ventilation, air conditioning, and heat. (B) The program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied in a safe and sanitary matter. (C) Employees must see that garbage is removed from buildings daily.” SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting setting Fee Schedules 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. Town Council Page 104 of 106 April 14, 2020 ORD 2020-06 Page 13 of 13 SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 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. SECTION 6. EFFECTIVE DATE PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 14th day of April 2020. ___________________________________________ Philip Shoffner, Mayor Pro Tem Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Leticia Vacek, Town Secretary/RMO J. David Dodd III, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 105 of 106 April 14, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:22020-127-T Name: Status:Type:Resolution Draft File created:In control:4/9/2020 Town Council On agenda:Final action:4/14/2020 Title:Consultation with Town Attorney regarding Artuso vs. Town of Trophy Club in accordance with Local Government Code, Section 551.071. ---AMENDED--- Attachments: Action ByDate Action ResultVer. Consultation with Town Attorney regarding Artuso vs. Town of Trophy Club in accordance with Local Government Code, Section 551.071.---AMENDED--- Town Council Page 106 of 106 April 14, 2020