Agenda Packet TC 01/21/2008 1
Town of Trophy Club
Town Council Public Hearing and Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, January 21, 2008
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God,
one and indivisible."
A.4 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.
B.1 Consent Agenda: Discuss and take appropriate action regarding approval of the
Subdivider's Agreement for an 13.559 acre tract of land known as The Highlands
at Trophy Club Neighborhood 1, Phase 1-C1.
B.2 Consent Agenda: Discuss and take appropriate action regarding approval of the
Subdivider's Agreement for an 28.144 acre tract of land known as The Highlands
at Trophy Club Neighborhood 1, Phase 1-C2.
B.3 Consent Agenda: Discuss and take appropriate action regarding approval of the
Subdivider's Agreement for an 3.585 acre tract of land known as The Highlands
at Trophy Club Neighborhood 2, Phase 1A.
B.4 Consent Agenda: Discuss and take appropriate action regarding approval of the
Subdivider's Agreement for an 39.810 acre tract of land known as The Highlands
at Trophy Club Neighborhood 2, Phase 1B.
B.5 Consent Agenda: Discuss and take appropriate action regarding approval of the
Subdivider's Agreement for an 11.788 acre tract of land known as The Highlands
at Trophy Club Neighborhood 5, Phase 1D-1.
B.6 Consent Agenda: Discuss and take appropriate action regarding approval of the
Subdivider's Agreement for an 14.523 acre tract of land known as The Highlands
at Trophy Club Neighborhood 5, Phase 1D-2.
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B.7 Consent Agenda: Discuss and take appropriate action to approve financials and
variance report dated:
a. November 2007
B.8 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
October 1, 2007.
B.9 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
October 15, 2007.
C.1 Public Hearing to Consider a Replat for Lots 6R and 7R, Block 1, The Knoll.
Applicant: Harrell Custom Homes, Inc. (RP-07-012)
C.2 Public Hearing to Review Value Place Hotel East Elevation Signage.
D.1 Discuss and take appropriate action relative to a request for Replat of Lots 6R
and 7R, Block 1, The Knoll. Applicant: Harrell Custom Homes, Inc. (RP-07-012)
D.2 Discuss, review and provide input and direction regarding draft Stormwater
Management Plan.
D.3 Discuss and take appropriate action to appoint five to nine members to serve on
a Charter Review Commission.
D.4 Discuss and take appropriate action regarding an Ordinance amending Chapter
1, entitled "Administration" of the Code of Ordinances, enacting Section 8.03 DD,
entitled "Community Development Department, Expired Permit Reissuance
Fees."
D.5 Discuss and take appropriate action regarding current situation surrounding
access to Beck Park and the parking lot adjacent to Harmony Park.
D.6 Discuss and take appropriate action regarding the approval for financing of new
police equipment.
D.7 Discuss and take appropriate action regarding an Interlocal Memorandum of
Understanding with the Texas Department of Public Safety for the use of office
space at the DPS building; and authorizing the Mayor or his designee to execute
necessary documents.
D.8 Discuss and take appropriate action authorizing the Town Manager to enter into
a contract with the Elim Group for training purposes.
D.9 Discuss and take appropriate action to approve Minutes dated, September 24,
2007.
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D.10 Discuss and take appropriate action to approve Minutes dated, November 30,
2007.
D.11 Discuss and take appropriate action to approve Minutes dated, December 13,
2007.
D.12 Discuss and receive input regarding the process selecting the Citizen of the
Year.
D.13 Discuss and provide input regarding a potential amendment to Chapter X,
entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club to
enact Article XIV, regulating the use of mobile phones and entitled "Use of
Hand-Held Mobile Telephones Prohibited In School Zones",
D.14 Discuss and take appropriate action directing the Planning and Zoning
Commission to conduct a land use study for all commercially zoned properties.
D.15 Items for Future Agenda.
D.16 Reports. There will be no action taken regarding any individual project posted
under this item and discussion will be limited. If extensive discussion is required,
the item may be placed on a future agenda.
(a) Town Council report from EDC 4B Liaison, Council member Sterling.
(b) Town Manager's Report.
E.1 Council to convene into executive session for Consultation with the Town
Attorney on a matter in which the duty of the attorney to the governmental body
Pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.071 (a) & (b) "Consultation with Attorney", the Council will enter into
executive session to discuss the following:
(1) Legal Advice relative to Value Place Signage
E.2 Discuss and Take Appropriate Action on Review of Value Place Hotel East
Elevation Signage.
E.3 Discuss and take appropriate action relative to Executive Session Item Number
E1.
F.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.A.2
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God,
one and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.A.4
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.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action regarding approval
of the Subdivider's Agreement for an 13.559 acre tract of land known as
The Highlands at Trophy Club Neighborhood 1, Phase 1-C1.
EXPLANATION:
On January 7, 2008, Council granted approval of the Final Plat for The Highlands at Trophy Club,
Neighborhood 1, Phase 1C-1. The Subdivider’s Agreement for this phase is attached for Council’s
approval.
RECOMMENDATION: Approval of the Subdivider’s Agreement for Neighborhood 1, Phase 1C-1.
(ch)
Attachments: Subdivider’s Agreement
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THE HIGHLANDS AT TROPHY CLUB
NEIGHBORHOOD 1, PHASE 1-C1
SUBDIVIDER'S AGREEMENT
An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred
to as the "TOWN") and BDMR Development, LLC acting by and through its duly
authorized representative (hereinafter referred to as the "DEVELOPER"), for the
installation of public improvements and facilities within the TOWN limits of Trophy Club,
Texas, for Neighborhood 1, Phase 1C-1, more particularly described as a tract of land
consisting of approximately 13.559 acres, hereinafter being referred to collectively as
the "PROJECT," and such public improvements being more particularly described in
Section II of this AGREEMENT. It is understood by and between the parties that this
AGREEMENT is applicable to the lot(s) contained within the Final Plat as presented to
TOWN Staff on March 1, 2007 and to the offsite improvements necessary to support the
PROJECT, more particularly described in Section II of this AGREEMENT. It is further
agreed that this AGREEMENT, when properly signed and executed, shall satisfy the
requirements of the TOWN’S Subdivision Regulations.
I. GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a registered public surveyor licensed to practice in the State of
Texas to prepare a final plat of the PROJECT.
The Project is planned to be platted for Single Family Residential together
with allowed incidental and accessory uses. The Project received
preliminary plat approval from the Town on December 18, 2006, and a one
year extension of the preliminary plat was granted by the Planning & Zoning
Commission on December 6, 2007.
B. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a civil engineer licensed to practice in the State of Texas for the
design and preparation of the plans and specifications for the construction of
all public improvements and facilities described in Section II and covered by
this AGREEMENT. Unless otherwise specified herein, such plans and
specifications shall be in accordance with the TOWN’S "Design Standards
for Paving, Drainage and Utility Improvements" and the North Central Texas
Council of Governments’ (NCTCOG) Standard Specifications for Public
Works Construction, as presently adopted.
C. The DEVELOPER will award its own construction contract for the
construction of all PROJECT street, sanitary sewer, and other drainage
public improvements and facilities for the completion of the Project. The
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DEVELOPER agrees to employ a construction contractor(s) who is approved
by the TOWN, said contractor(s) to meet TOWN and statutory requirements
for being insured, licensed and bonded to perform work in public rights-of-
way and to be qualified in all respects to bid on public streets and public
projects of a similar nature. The DEVELOPER agrees to submit contract
documents to the TOWN and participate in a pre-construction meeting with
the TOWN and all Developer contractors.
D. Prior to the execution of this Agreement, the commencement of construction,
the filing of the Final Plat, or the issuance of any building permits, the
DEVELOPER shall present to the TOWN a performance bond(s), payment
bond(s) and maintenance bond(s), meeting the requirements of Chapter
2253 of the Texas Government Code. Each bond shall individually
guarantee and agree to pay an amount equal to one hundred percent
(100%) of the value of the construction costs (as determined by the TOWN
Engineer) for all public improvements and facilities to be constructed by or on
behalf of the Developer for the Project. Any surety company through which a
bond is written shall be a surety company duly authorized to do business in
the State of Texas, provided that the TOWN, through the Town Attorney,
shall retain the right to reject any surety company as a surety for any work
under this or any other SUBDIVIDER’S AGREEMENT regardless of such
Company’s authorization to do business in Texas. Approvals by the TOWN
shall not be unreasonably withheld or delayed.
1) As an alternative to providing a surety bond for performance and a surety
bond for maintenance as specified hereinabove, Developer may provide
financial assurances for performance and maintenance in the form of a
cash deposit, a certificate of deposit, or irrevocable letter of credit.
Provided however, that such alternative financial assurances shall only be
allowed if each meets all requirements specified in Section 7.2 of the
Town of Trophy Club Subdivision Regulations. All such alternative
financial assurances must be on forms approved by the Town Attorney.
2) As an alternative to the Developer providing a performance bond,
payment bond, and maintenance bond, as specified above, Developer
may provide financial assurances for performance, payment and
maintenance from a single general contractor for the Project, provided
that such assurances meet all other requirements specified hereinabove
and the Town is named as a dual obligee on each such bond.
Additionally, such alternative financial assurances shall only be allowed if
each meets all requirements specified in Section 7.2 of the Town of
Trophy Club Subdivision Regulations. All such alternative financial
assurances must be on forms approved by the Town Attorney.
E. The performance bond(s) shall be submitted in statutory form guaranteeing
the full and faithful completion of the facilities and improvements required
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under this Agreement for completion of the PROJECT to the TOWN and
provide for payment to the TOWN of such amounts up to the total remaining
amounts required for the completion of the PROJECT if the work is not
completed as required hereunder.
F. The payment bond(s) shall be submitted in statutory form guaranteeing
payment of all labor and material costs of the Project and shall be furnished
solely for the protection of all claimants supplying labor and material in the
performance of the work provided for under this AGREEMENT. The
maintenance bond(s) shall guarantee the payment of any and all necessary
maintenance of the Project for a period of two (2) years following acceptance
of the public improvements and facilities by the TOWN, in an amount equal
to one hundred (100%) percent of the value of the construction costs of all
the public improvements and facilities to be constructed under this
Agreement in respect to the Project.
G. Any guarantee of performance, maintenance, or payment instrument (e.g.,
performance bond, payment bond, maintenance bond, letters of credit,
and/or cash deposit or the like) (individually a “Guarantee” or collectively the
“Guarantees”) submitted by or through the DEVELOPER on a form other
than the one which has been previously approved by the TOWN as
"acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S
expense, and construction of the Project shall not commence until the Town
Attorney has approved such Guarantees. Approval by the TOWN (and the
Town Attorney) shall not be unreasonably withheld or delayed. All such
Guarantees shall be maintained in full force and effect until such time as the
DEVELOPER has fully complied with the terms and conditions of this
AGREEMENT as agreed to in writing by the TOWN, and failure to keep
same in force and effect shall constitute a breach of this AGREEMENT.
Failure to maintain performance and payment Guarantees meeting the
requirements of this AGREEMENT shall result in a stop work order being
issued by the Town. Additionally, all Guarantees furnished hereunder which
expire prior to the completion of construction or applicable warranty periods
shall be renewed in amounts designated by the TOWN and shall be
delivered to the TOWN and approved by the TOWN on or before the tenth
(10th) banking day before the date of expiration of any then existing
Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN
within the time prescribed herein, such failure shall constitute a breach of this
AGREEMENT and shall be a basis for the TOWN to draw on all or any
portion of any existing Guarantee in addition to any or all other remedies
available to the TOWN. The DEVELOPER further agrees to release and
forever hold the TOWN harmless from any losses, damages and/or
expenses incurred by the DEVELOPER for any delays due to the TOWN'S
review of any Guarantee which is in a form other than one which has been
previously approved by the TOWN. The TOWN requires the DEVELOPER
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to have all Guarantee forms approved prior to the commencement of work
and construction of improvements.
H. It is further agreed and understood by the parties hereto that upon
acceptance thereof by the TOWN of all public improvements and facilities as
described in Section II of this Agreement, title to all such improvements and
facilities shall be vested in the TOWN, and the DEVELOPER hereby
relinquishes any right, title, or interest in and to such improvements and
facilities or any part thereof. It is further understood and agreed that until the
TOWN accepts such improvements and facilities, the TOWN shall have no
liability or responsibility with respect thereto. Acceptance of the
improvements and facilities shall occur at such time as the TOWN, through
its TOWN Engineer, provides the DEVELOPER with a written
acknowledgment that all improvements and facilities are complete, have
been inspected and approved and are being accepted by the TOWN.
I. The DEVELOPER’S Engineer has prepared detailed estimates of
$540,255.30 and the TOWN Engineer has approved an estimate of
$540,255.30 for the cost of public improvements and facilities for this Project.
The detailed cost estimates are a part of this AGREEMENT and are attached
hereto as "Attachment A" and incorporated herein. The TOWN shall not
accept any construction improvements outside of the Project and the two (2)
year warranty for such improvements shall not commence until all
construction activities are completed and accepted by the TOWN.
J. Upon TOWN’S approval and acceptance of the final plat and the engineering
plans, the final plat will be recorded with the County Clerk of Denton County.
No building permits will be issued in for any lots on/in the Project until the
final plat is filed and the public improvements and facilities specified herein
are completed and accepted by the TOWN.
K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major
subcontractors) and TOWN, as well as any other third party deemed
necessary by the Town, shall participate in a pre-construction conference
prior to the initiation of any work. At or prior to the pre-construction meeting,
Developer shall provide the TOWN with the following documents: 1) Two (2)
copies of all executed construction contracts; 2) List of all
contractors/subcontractors and their project assignments; 3) Five (5) sets
(and additional sets as necessary for any contractors) of approved
construction plans and specifications. This list of contractors/subcontractors
shall be updated within seven days of any changes. The DEVELOPER
agrees to give the TOWN at least twenty-four (24) hours prior written notice
of his/her intent to commence construction of all public improvements and
facilities, so that the TOWN, if it so desires, may have its representatives
available to inspect the beginning and continuing progress of all work.
Developer shall submit all documentation evidencing that each of the
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Guarantees required under this Agreement have been provided and all
required insurance has been obtained prior to the pre-construction meeting.
L. The DEVELOPER agrees to notify all contractors and subcontractors
working on the PROJECT that all their work is subject to inspection by a
TOWN Inspector at any time, and that such inspection may require a
certification by the contractors and subcontractors of the type, kind, and
quality of materials used on the PROJECT.
M. Should any work or construction of improvements or facilities on the
PROJECT which has not been contemplated in the current construction
documents (plans and specifications), the plat, or this AGREEMENT,
become necessary due to site conditions, then the DEVELOPER shall be
required to contact in writing (with a copy to the TOWN of Trophy Club), with
the TOWN Engineer to determine how such work or construction should
progress. The DEVELOPER further agrees to follow all reasonable
recommendations and requirements imposed by the TOWN Engineer in such
instance. (Addresses for points of contact are as follows:)
Town of Trophy Club Teague, Nall & Perkins
Mr. Brandon Emmons, Town
Manager
Mr. Tom Rutledge, Town Engineer
100 Municipal Drive 1100 Macon Street
Trophy Club, Texas 76262 Fort Worth, Texas 76102
Phone: 682/831-4600 Phone: 817.336.5773
Fax: 817.490.0705 Fax: 817.336.2813
Email:
bemmons@ci.trophyclub.tx.us
Email: trutledge@tnp-online.com
N. The DEVELOPER agrees to cause all work and construction of
improvements and facilities to be stopped upon twenty-four (24) hour
notification from the TOWN Engineer of nonconforming improvements,
including the materials used and the methods of installation. The
DEVELOPER further agrees to correct all nonconformities in accordance
with the TOWN Engineer’s instructions.
O. The DEVELOPER is encouraged not to convey title of any lots of the
PROJECT, until all construction in respect to the PROJECT required in
Section II is complete and the TOWN has approved and accepted the work
and improvements in respect thereof. The DEVELOPER understands that
the TOWN will issue no building permits for improvements on any lot in the
Project until all public improvements and facilities in respect to the Project
are completed in accordance with this Agreement. Further, DEVELOPER
agrees to inform all persons or entities purchasing the lots or any interest in
the lots that TOWN will not issue any building permits until all public
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improvements and facilities are completed in accordance with this
Agreement.
P. After completion and prior to acceptance of all work, the DEVELOPER must
furnish to the TOWN an affidavit of all bills paid.
Q. Developer is responsible for maintenance of all common areas.
II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED
A. The following public improvements and facilities are to be constructed and
completed in accordance with the approved plans and specifications as
described in Attachment “B”:
1) Streets.
2) Drainage and Storm Sewer.
3) Sewer.
4) Water Distribution System.
5) Landscaping.
6) Subdivision Wall.
7) Signs.
8) Driveways and Walkways.
9) Lights
10) Common Area
B. Other.
1. Bench marks to be located as shown on the approved plans.
2. Upon completion, three (3) sets of as-builts/record drawings and one (1)
set of reproducible (Mylar) drawings shall be submitted to the TOWN
within two (2) months following the acceptance of the public
improvements and facilities.
3. Testing
The Developer shall provide all geotechnical and materials tests required
by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost
in accordance with Section 7.03 of Article 7, Chapter 12 of the Town’s
Code of Ordinances. Such tests shall be conducted by an independent
laboratory acceptable to the Town.
4. Permits
The DEVELOPER will pay a Community Facilities inspection fee in the
amount of $27,012.77 (5% of $540,255.30) to cover the cost of TOWN
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inspection fees as related to the construction of the Project. The
Developers may be obligated to pay other TOWN fees as set forth in the
TOWN’S Schedule of Fees, as may be amended from time to time. The
DEVELOPER will be responsible for obtaining any other permits which
may be required by other federal, state or local authorities.
5. Planned Development District No. 27.
Developer shall construct and maintain all improvements in accordance
with the TOWN approved Planned Development District No. 27 and all
TOWN approved amendments thereto.
III. GENERAL PROVISIONS
A. The DEVELOPER agrees to furnish and maintain at all times prior to the
TOWN’S final acceptance of the public improvements and community
facilities for the Project, an owners protective liability insurance policy naming
the TOWN as insured for property damage and bodily injury in the amounts.
Coverage shall be on an “occurrence” basis and shall be issued with a
combined bodily injury and property damage minimum limit of $600,000 per
occurrence and $1,000,000 aggregate.
B. Exclusive venue of any action brought hereunder shall be in Denton, Denton
County, Texas.
C. Approval by the TOWN Engineer of any plans, designs or specifications
submitted by the DEVELOPER pursuant to this AGREEMENT shall not
constitute or be deemed to be a release of the responsibility and liability of
the DEVELOPER, his engineer, employees, officers or agents with respect
to the construction of any of the PROJECT’S improvements or facilities, or
for the accuracy and competency of the PROJECT’S improvements and
facilities design and specifications prepared by the DEVELOPER'S
consulting engineer, his officers, agents, servants or employees, it being the
intent of the parties that the approval by the TOWN Engineer signifies the
TOWN'S approval on only the general design concept of the improvements
and facilities to be constructed. The DEVELOPER shall release, indemnify,
defend and hold harmless the TOWN, its officers, agents, servants and
employees, from any demands, actions, causes of action, obligations, loss,
damage, liability or expense, including attorneys fees and expenses, on
account of or with respect to damage to property and injuries, including
death, to any and all persons which may arise out of or result from any
defect, deficiency or negligence in the construction of the PROJECT’S public
improvements and facilities or with respect to the DEVELOPER'S Engineer’s
designs and specifications incorporated into any improvements and facilities
constructed in accordance therewith, and the DEVELOPER shall defend at
his own expense any suits or other proceedings brought against the TOWN,
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its officers, agents, servants or employees, or any of them, on account
thereof, and pay all expenses and satisfy all judgments which may be
incurred or rendered against them or any of them in connection herewith. All
responsibility and liability for drainage to adjacent and downstream
properties from development of this PROJECT will accrue to the
DEVELOPER.
D. Liability for construction. The DEVELOPER, its successors, permittees,
permitted assigns, vendors, grantees and/or trustees do hereby fully release
and agree to indemnify, hold harmless and defend the TOWN, its officers,
agents, servants and employees from all losses, damage liabilities, claims,
obligations, penalties, charges, costs or expenses of any nature whatsoever,
for property damage, personal injury or death, resulting from or in any way
connected with this contract or the construction of the improvements or
facilities or the failure to safeguard construction work, or any other act or
omission of the DEVELOPER or its contractors or subcontractors, their
officers, agents, servants or employees related thereto.
E. Final Acceptance of Infrastructure. The TOWN will not issue a Letter of
Acceptance until all public facilities and improvements are completely
constructed (Final Completion) to the satisfaction of the TOWN Engineer or
his agent. However, upon Substantial Completion, a “punch list” of
outstanding items shall be presented to the Developer’s contractor(s)
indicating those outstanding items and their deficiencies that need to be
addressed for Final Completion of the Improvements.
F. Neither this Agreement nor any part hereof or any interests, rights, or
obligations herein, shall not be assigned by the DEVELOPER without the
express written consent of the TOWN Council.
G. All work performed under this AGREEMENT shall be completed within
eighteen months from the date hereof. In the event the work is not
completed within the eighteen (18) month period, the TOWN may, at its sole
election, draw down or otherwise exercise it rights under or with respect to
any Guarantee provided by the DEVELOPER and complete such work at
DEVELOPER'S expense; provided, however, that if the construction under
this AGREEMENT shall have started within the eighteen (18) month period,
the TOWN may agree to renew the AGREEMENT with such renewed
AGREEMENT to be in writing and in compliance with the TOWN policies in
effect at that time. Notwithstanding the foregoing, in the event that the
performance by either party of any of its’ obligations or undertakings
hereunder shall be interrupted or delayed by any occurrence and not
occasioned by the conduct of either party hereto, whether such occurrence
be an act of God or the common enemy or the result of war, riot, civil
commotion, or sovereign conduct, then upon written notice of such
occurrence, such party shall be excused from performance for a period of
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time as is reasonably necessary after such occurrence to remedy the effects
thereof, and each party shall bear the cost of any expense it may incur due to
the occurrence.
H. This Subdivider's AGREEMENT shall be construed in accordance with the
Town of Trophy Club, Texas Subdivision Regulations and all other applicable
ordinances. Any conflicts between the provisions of this Subdivider’s
AGREEMENT, the TOWN'S Subdivision Regulations, Town Ordinances, and
State and Federal law, shall be construed in favor of the Town’s ordinance(s)
as allowed by law, subject to Chapter 245 of the Local Government Code.
To the extent that any such conflict exists, only that portion of the
Subdivider’s AGREEMENT which is in conflict shall be severable from the
other provisions of the AGREEMENT, and such conflict shall in no manner
affect the validity or enforceability of the remaining provisions.
I. All rights, remedies and privileges permitted or available to the TOWN under
this AGREEMENT or at law or equity shall be cumulative and not alternative,
and election of any such right, remedy or privilege shall not constitute a
waiver or exclusive election of rights, remedies or privileges with respect to
any other permitted or available right, remedy or privilege. Additionally, one
instance of forbearance by the Town in the enforcement of any such right,
remedy or privilege, shall not constitute a waiver of such right, remedy or
privilege by the Town. A default under this Agreement by the TOWN shall
not result in a forfeiture of any rights, remedies, or privileges under this
Agreement by the TOWN.
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER:
By:
Date:
By:
Project Manager
Date:
TOWN OF TROPHY CLUB:
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By:
Mayor, Town of Trophy Club
ATTEST:
___________________________
Town Secretary, Town of Trophy Club
Date: ______________________
APPROVED AS TO FORM:
____________________________
Town Attorney, Town of Trophy Club
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action regarding approval
of the Subdivider's Agreement for an 28.144 acre tract of land known as
The Highlands at Trophy Club Neighborhood 1, Phase 1-C2.
EXPLANATION:
On January 7, 2008, Council granted approval of the Final Plat for The Highlands at Trophy Club,
Neighborhood 1, Phase 1C-2. The Subdivider’s Agreement for this phase is attached for Council’s
approval.
RECOMMENDATION: Approval of the Subdivider’s Agreement for Neighborhood 1, Phase 1C-2.
(ch)
Attachments: Subdivider’s Agreement
20
THE HIGHLANDS AT TROPHY CLUB
NEIGHBORHOOD 1, PHASE 1-C2
SUBDIVIDER'S AGREEMENT
An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred
to as the "TOWN") and BDMR Development, LLC acting by and through its duly
authorized representative (hereinafter referred to as the "DEVELOPER"), for the
installation of public improvements and facilities within the TOWN limits of Trophy Club,
Texas, for Neighborhood 1, Phase 1C-2, more particularly described as a tract of land
consisting of approximately 28.144 acres, hereinafter being referred to collectively as
the "PROJECT," and such public improvements being more particularly described in
Section II of this AGREEMENT. It is understood by and between the parties that this
AGREEMENT is applicable to the lot(s) contained within the Final Plat as presented to
TOWN Staff on March 1, 2007 and to the offsite improvements necessary to support the
PROJECT, more particularly described in Section II of this AGREEMENT. It is further
agreed that this AGREEMENT, when properly signed and executed, shall satisfy the
requirements of the TOWN’S Subdivision Regulations.
I. GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a registered public surveyor licensed to practice in the State of
Texas to prepare a final plat of the PROJECT.
The Project is planned to be platted for Single Family Residential together
with allowed incidental and accessory uses. The Project received
preliminary plat approval from the Town on December 18, 2006, and a one
year extension of the preliminary plat was granted by the Planning & Zoning
Commission on December 6, 2007.
B. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a civil engineer licensed to practice in the State of Texas for the
design and preparation of the plans and specifications for the construction of
all public improvements and facilities described in Section II and covered by
this AGREEMENT. Unless otherwise specified herein, such plans and
specifications shall be in accordance with the TOWN’S "Design Standards
for Paving, Drainage and Utility Improvements" and the North Central Texas
Council of Governments’ (NCTCOG) Standard Specifications for Public
Works Construction, as presently adopted.
C. The DEVELOPER will award its own construction contract for the
construction of all PROJECT street, sanitary sewer, and other drainage
public improvements and facilities for the completion of the Project. The
21
DEVELOPER agrees to employ a construction contractor(s) who is approved
by the TOWN, said contractor(s) to meet TOWN and statutory requirements
for being insured, licensed and bonded to perform work in public rights-of-
way and to be qualified in all respects to bid on public streets and public
projects of a similar nature. The DEVELOPER agrees to submit contract
documents to the TOWN and participate in a pre-construction meeting with
the TOWN and all Developer contractors.
D. Prior to the execution of this Agreement, the commencement of construction,
the filing of the Final Plat, or the issuance of any building permits, the
DEVELOPER shall present to the TOWN a performance bond(s), payment
bond(s) and maintenance bond(s), meeting the requirements of Chapter
2253 of the Texas Government Code. Each bond shall individually
guarantee and agree to pay an amount equal to one hundred percent
(100%) of the value of the construction costs (as determined by the TOWN
Engineer) for all public improvements and facilities to be constructed by or on
behalf of the Developer for the Project. Any surety company through which a
bond is written shall be a surety company duly authorized to do business in
the State of Texas, provided that the TOWN, through the Town Attorney,
shall retain the right to reject any surety company as a surety for any work
under this or any other SUBDIVIDER’S AGREEMENT regardless of such
Company’s authorization to do business in Texas. Approvals by the TOWN
shall not be unreasonably withheld or delayed.
1) As an alternative to providing a surety bond for performance and a surety
bond for maintenance as specified hereinabove, Developer may provide
financial assurances for performance and maintenance in the form of a
cash deposit, a certificate of deposit, or irrevocable letter of credit.
Provided however, that such alternative financial assurances shall only
be allowed if each meets all requirements specified in Section 7.2 of the
Town of Trophy Club Subdivision Regulations. All such alternative
financial assurances must be on forms approved by the Town Attorney.
2) As an alternative to the Developer providing a performance bond,
payment bond, and maintenance bond, as specified above, Developer
may provide financial assurances for performance, payment and
maintenance from a single general contractor for the Project, provided
that such assurances meet all other requirements specified hereinabove
and the Town is named as a dual obligee on each such bond.
Additionally, such alternative financial assurances shall only be allowed if
each meets all requirements specified in Section 7.2 of the Town of
Trophy Club Subdivision Regulations. All such alternative financial
assurances must be on forms approved by the Town Attorney.
E. The performance bond(s) shall be submitted in statutory form guaranteeing
the full and faithful completion of the facilities and improvements required
22
under this Agreement for completion of the PROJECT to the TOWN and
provide for payment to the TOWN of such amounts up to the total remaining
amounts required for the completion of the PROJECT if the work is not
completed as required hereunder.
F. The payment bond(s) shall be submitted in statutory form guaranteeing
payment of all labor and material costs of the Project and shall be furnished
solely for the protection of all claimants supplying labor and material in the
performance of the work provided for under this AGREEMENT. The
maintenance bond(s) shall guarantee the payment of any and all necessary
maintenance of the Project for a period of two (2) years following acceptance
of the public improvements and facilities by the TOWN, in an amount equal
to one hundred (100%) percent of the value of the construction costs of all
the public improvements and facilities to be constructed under this
Agreement in respect to the Project.
G. Any guarantee of performance, maintenance, or payment instrument (e.g.,
performance bond, payment bond, maintenance bond, letters of credit,
and/or cash deposit or the like) (individually a “Guarantee” or collectively the
“Guarantees”) submitted by or through the DEVELOPER on a form other
than the one which has been previously approved by the TOWN as
"acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S
expense, and construction of the Project shall not commence until the Town
Attorney has approved such Guarantees. Approval by the TOWN (and the
Town Attorney) shall not be unreasonably withheld or delayed. All such
Guarantees shall be maintained in full force and effect until such time as the
DEVELOPER has fully complied with the terms and conditions of this
AGREEMENT as agreed to in writing by the TOWN, and failure to keep
same in force and effect shall constitute a breach of this AGREEMENT.
Failure to maintain performance and payment Guarantees meeting the
requirements of this AGREEMENT shall result in a stop work order being
issued by the Town. Additionally, all Guarantees furnished hereunder which
expire prior to the completion of construction or applicable warranty periods
shall be renewed in amounts designated by the TOWN and shall be
delivered to the TOWN and approved by the TOWN on or before the tenth
(10th) banking day before the date of expiration of any then existing
Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN
within the time prescribed herein, such failure shall constitute a breach of this
AGREEMENT and shall be a basis for the TOWN to draw on all or any
portion of any existing Guarantee in addition to any or all other remedies
available to the TOWN. The DEVELOPER further agrees to release and
forever hold the TOWN harmless from any losses, damages and/or
expenses incurred by the DEVELOPER for any delays due to the TOWN'S
review of any Guarantee which is in a form other than one which has been
previously approved by the TOWN. The TOWN requires the DEVELOPER
23
to have all Guarantee forms approved prior to the commencement of work
and construction of improvements.
H. It is further agreed and understood by the parties hereto that upon
acceptance thereof by the TOWN of all public improvements and facilities as
described in Section II of this Agreement, title to all such improvements and
facilities shall be vested in the TOWN, and the DEVELOPER hereby
relinquishes any right, title, or interest in and to such improvements and
facilities or any part thereof. It is further understood and agreed that until the
TOWN accepts such improvements and facilities, the TOWN shall have no
liability or responsibility with respect thereto. Acceptance of the
improvements and facilities shall occur at such time as the TOWN, through
its TOWN Engineer, provides the DEVELOPER with a written
acknowledgment that all improvements and facilities are complete, have
been inspected and approved and are being accepted by the TOWN.
I. The DEVELOPER’S Engineer has prepared detailed estimates of
$863,799.75 and the TOWN Engineer has approved an estimate of
$863,799.75 for the cost of public improvements and facilities for this Project.
The detailed cost estimates are a part of this AGREEMENT and are attached
hereto as "Attachment A" and incorporated herein. The TOWN shall not
accept any construction improvements outside of the Project and the two (2)
year warranty for such improvements shall not commence until all
construction activities are completed and accepted by the TOWN.
J. Upon TOWN’S approval and acceptance of the final plat and the engineering
plans, the final plat will be recorded with the County Clerk of Denton County.
No building permits will be issued in for any lots on/in the Project until the
final plat is filed and the public improvements and facilities specified herein
are completed and accepted by the TOWN.
K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major
subcontractors) and TOWN, as well as any other third party deemed
necessary by the Town, shall participate in a pre-construction conference
prior to the initiation of any work. At or prior to the pre-construction meeting,
Developer shall provide the TOWN with the following documents: 1) Two (2)
copies of all executed construction contracts; 2) List of all
contractors/subcontractors and their project assignments; 3) Five (5) sets
(and additional sets as necessary for any contractors) of approved
construction plans and specifications. This list of contractors/subcontractors
shall be updated within seven days of any changes. The DEVELOPER
agrees to give the TOWN at least twenty-four (24) hours prior written notice
of his/her intent to commence construction of all public improvements and
facilities, so that the TOWN, if it so desires, may have its representatives
available to inspect the beginning and continuing progress of all work.
Developer shall submit all documentation evidencing that each of the
24
Guarantees required under this Agreement have been provided and all
required insurance has been obtained prior to the pre-construction meeting.
L. The DEVELOPER agrees to notify all contractors and subcontractors
working on the PROJECT that all their work is subject to inspection by a
TOWN Inspector at any time, and that such inspection may require a
certification by the contractors and subcontractors of the type, kind, and
quality of materials used on the PROJECT.
M. Should any work or construction of improvements or facilities on the
PROJECT which has not been contemplated in the current construction
documents (plans and specifications), the plat, or this AGREEMENT,
become necessary due to site conditions, then the DEVELOPER shall be
required to contact in writing (with a copy to the TOWN of Trophy Club), with
the TOWN Engineer to determine how such work or construction should
progress. The DEVELOPER further agrees to follow all reasonable
recommendations and requirements imposed by the TOWN Engineer in such
instance. (Addresses for points of contact are as follows:)
Town of Trophy Club Teague, Nall & Perkins
Mr. Brandon Emmons, Town
Manager
Mr. Tom Rutledge, Town Engineer
100 Municipal Drive 1100 Macon Street
Trophy Club, Texas 76262 Fort Worth, Texas 76102
Phone: 682/831-4600 Phone: 817.336.5773
Fax: 817.490.0705 Fax: 817.336.2813
Email:
bemmons@ci.trophyclub.tx.us
Email: trutledge@tnp-online.com
N. The DEVELOPER agrees to cause all work and construction of
improvements and facilities to be stopped upon twenty-four (24) hour
notification from the TOWN Engineer of nonconforming improvements,
including the materials used and the methods of installation. The
DEVELOPER further agrees to correct all nonconformities in accordance
with the TOWN Engineer’s instructions.
O. The DEVELOPER is encouraged not to convey title of any lots of the
PROJECT, until all construction in respect to the PROJECT required in
Section II is complete and the TOWN has approved and accepted the work
and improvements in respect thereof. The DEVELOPER understands that
the TOWN will issue no building permits for improvements on any lot in the
Project until all public improvements and facilities in respect to the Project
are completed in accordance with this Agreement. Further, DEVELOPER
agrees to inform all persons or entities purchasing the lots or any interest in
the lots that TOWN will not issue any building permits until all public
25
improvements and facilities are completed in accordance with this
Agreement.
P. After completion and prior to acceptance of all work, the DEVELOPER must
furnish to the TOWN an affidavit of all bills paid.
Q. Developer is responsible for maintenance of all common areas.
II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED
A. The following public improvements and facilities are to be constructed and
completed in accordance with the approved plans and specifications as
described in Attachment “B”:
1) Streets
2) Drainage and Storm Sewer
3) Sewer
4) Water Distribution System
5) Landscaping
6) Subdivision Wall
7) Signs
8) Driveways and Walkways
9) Lights
10) Common Area
B. Other.
1. Bench marks to be located as shown on the approved plans.
2. Upon completion, three (3) sets of as-builts/record drawings and one (1)
set of reproducible (Mylar) drawings shall be submitted to the TOWN
within two (2) months following the acceptance of the public
improvements and facilities.
3. Testing
The Developer shall provide all geotechnical and materials tests required
by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost
in accordance with Section 7.03 of Article 7, Chapter 12 of the Town’s
Code of Ordinances. Such tests shall be conducted by an independent
laboratory acceptable to the Town.
4. Permits
The DEVELOPER will pay a Community Facilities inspection fee in the
amount of $43,189.99 (5% of $863,799.75) to cover the cost of TOWN
26
inspection fees as related to the construction of the Project. The
Developers may be obligated to pay other TOWN fees as set forth in the
TOWN’S Schedule of Fees, as may be amended from time to time. The
DEVELOPER will be responsible for obtaining any other permits which
may be required by other federal, state or local authorities.
5. Planned Development District No. 27.
Developer shall construct and maintain all improvements in accordance
with the TOWN approved Planned Development District No. 27 and all
TOWN approved amendments thereto.
III. GENERAL PROVISIONS
A. The DEVELOPER agrees to furnish and maintain at all times prior to the
TOWN’S final acceptance of the public improvements and community
facilities for the Project, an owners protective liability insurance policy naming
the TOWN as insured for property damage and bodily injury in the amounts.
Coverage shall be on an “occurrence” basis and shall be issued with a
combined bodily injury and property damage minimum limit of $600,000 per
occurrence and $1,000,000 aggregate.
B. Exclusive venue of any action brought hereunder shall be in Denton, Denton
County, Texas.
C. Approval by the TOWN Engineer of any plans, designs or specifications
submitted by the DEVELOPER pursuant to this AGREEMENT shall not
constitute or be deemed to be a release of the responsibility and liability of
the DEVELOPER, his engineer, employees, officers or agents with respect
to the construction of any of the PROJECT’S improvements or facilities, or
for the accuracy and competency of the PROJECT’S improvements and
facilities design and specifications prepared by the DEVELOPER'S
consulting engineer, his officers, agents, servants or employees, it being the
intent of the parties that the approval by the TOWN Engineer signifies the
TOWN'S approval on only the general design concept of the improvements
and facilities to be constructed. The DEVELOPER shall release, indemnify,
defend and hold harmless the TOWN, its officers, agents, servants and
employees, from any demands, actions, causes of action, obligations, loss,
damage, liability or expense, including attorneys fees and expenses, on
account of or with respect to damage to property and injuries, including
death, to any and all persons which may arise out of or result from any
defect, deficiency or negligence in the construction of the PROJECT’S public
improvements and facilities or with respect to the DEVELOPER'S Engineer’s
designs and specifications incorporated into any improvements and facilities
constructed in accordance therewith, and the DEVELOPER shall defend at
his own expense any suits or other proceedings brought against the TOWN,
27
its officers, agents, servants or employees, or any of them, on account
thereof, and pay all expenses and satisfy all judgments which may be
incurred or rendered against them or any of them in connection herewith. All
responsibility and liability for drainage to adjacent and downstream
properties from development of this PROJECT will accrue to the
DEVELOPER.
D. Liability for construction. The DEVELOPER, its successors, permittees,
permitted assigns, vendors, grantees and/or trustees do hereby fully release
and agree to indemnify, hold harmless and defend the TOWN, its officers,
agents, servants and employees from all losses, damage liabilities, claims,
obligations, penalties, charges, costs or expenses of any nature whatsoever,
for property damage, personal injury or death, resulting from or in any way
connected with this contract or the construction of the improvements or
facilities or the failure to safeguard construction work, or any other act or
omission of the DEVELOPER or its contractors or subcontractors, their
officers, agents, servants or employees related thereto.
E. Final Acceptance of Infrastructure. The TOWN will not issue a Letter of
Acceptance until all public facilities and improvements are completely
constructed (Final Completion) to the satisfaction of the TOWN Engineer or
his agent. However, upon Substantial Completion, a “punch list” of
outstanding items shall be presented to the Developer’s contractor(s)
indicating those outstanding items and their deficiencies that need to be
addressed for Final Completion of the Improvements.
F. Neither this Agreement nor any part hereof or any interests, rights, or
obligations herein, shall not be assigned by the DEVELOPER without the
express written consent of the TOWN Council.
G. All work performed under this AGREEMENT shall be completed within
eighteen months from the date hereof. In the event the work is not
completed within the eighteen (18) month period, the TOWN may, at its sole
election, draw down or otherwise exercise it rights under or with respect to
any Guarantee provided by the DEVELOPER and complete such work at
DEVELOPER'S expense; provided, however, that if the construction under
this AGREEMENT shall have started within the eighteen (18) month period,
the TOWN may agree to renew the AGREEMENT with such renewed
AGREEMENT to be in writing and in compliance with the TOWN policies in
effect at that time. Notwithstanding the foregoing, in the event that the
performance by either party of any of its’ obligations or undertakings
hereunder shall be interrupted or delayed by any occurrence and not
occasioned by the conduct of either party hereto, whether such occurrence
be an act of God or the common enemy or the result of war, riot, civil
commotion, or sovereign conduct, then upon written notice of such
occurrence, such party shall be excused from performance for a period of
28
time as is reasonably necessary after such occurrence to remedy the effects
thereof, and each party shall bear the cost of any expense it may incur due to
the occurrence.
H. This Subdivider's AGREEMENT shall be construed in accordance with the
Town of Trophy Club, Texas Subdivision Regulations and all other applicable
ordinances. Any conflicts between the provisions of this Subdivider’s
AGREEMENT, the TOWN'S Subdivision Regulations, Town Ordinances, and
State and Federal law, shall be construed in favor of the Town’s ordinance(s)
as allowed by law, subject to Chapter 245 of the Local Government Code.
To the extent that any such conflict exists, only that portion of the
Subdivider’s AGREEMENT which is in conflict shall be severable from the
other provisions of the AGREEMENT, and such conflict shall in no manner
affect the validity or enforceability of the remaining provisions.
I. All rights, remedies and privileges permitted or available to the TOWN under
this AGREEMENT or at law or equity shall be cumulative and not alternative,
and election of any such right, remedy or privilege shall not constitute a
waiver or exclusive election of rights, remedies or privileges with respect to
any other permitted or available right, remedy or privilege. Additionally, one
instance of forbearance by the Town in the enforcement of any such right,
remedy or privilege, shall not constitute a waiver of such right, remedy or
privilege by the Town. A default under this Agreement by the TOWN shall
not result in a forfeiture of any rights, remedies, or privileges under this
Agreement by the TOWN.
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER:
By:
Date:
By:
Project Manager
Date:
TOWN OF TROPHY CLUB:
29
By:
Mayor, Town of Trophy Club
ATTEST:
___________________________
Town Secretary, Town of Trophy Club
Date: ______________________
APPROVED AS TO FORM:
____________________________
Town Attorney, Town of Trophy Club
30
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.B.3
Consent Agenda: Discuss and take appropriate action regarding approval
of the Subdivider's Agreement for an 3.585 acre tract of land known as The
Highlands at Trophy Club Neighborhood 2, Phase 1A.
EXPLANATION:
On January 7, 2008, Council granted approval of the Final Plat for The Highlands at Trophy Club,
Neighborhood 2, Phase 1A. The Subdivider’s Agreement for this phase is attached for Council’s
approval.
RECOMMENDATION: Approval of the Subdivider’s Agreement for Neighborhood 2, Phase 1A.
(ch)
Attachments: Subdivider’s Agreement
31
THE HIGHLANDS AT TROPHY CLUB
NEIGHBORHOOD 2, PHASE 1A
SUBDIVIDER'S AGREEMENT
An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred
to as the "TOWN") and BDMR Development, LLC acting by and through its duly
authorized representative (hereinafter referred to as the "DEVELOPER"), for the
installation of public improvements and facilities within the TOWN limits of Trophy Club,
Texas, for Neighborhood 2, Phase 1A, more particularly described as a tract of land
consisting of approximately 3.585 acres, hereinafter being referred to collectively as the
"PROJECT," and such public improvements being more particularly described in
Section II of this AGREEMENT. It is understood by and between the parties that this
AGREEMENT is applicable to the lot(s) contained within the Final Plat as presented to
TOWN Staff on March 1, 2007 and to the offsite improvements necessary to support the
PROJECT, more particularly described in Section II of this AGREEMENT. It is further
agreed that this AGREEMENT, when properly signed and executed, shall satisfy the
requirements of the TOWN’S Subdivision Regulations.
I. GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a registered public surveyor licensed to practice in the State of
Texas to prepare a final plat of the PROJECT.
The Project is planned to be platted for Single Family Residential together
with allowed incidental and accessory uses. The Project received
preliminary plat approval from the Town on December 18, 2006, and a one
year extension of the preliminary plat was granted by the Planning & Zoning
Commission on December 6, 2007.
B. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a civil engineer licensed to practice in the State of Texas for the
design and preparation of the plans and specifications for the construction of
all public improvements and facilities described in Section II and covered by
this AGREEMENT. Unless otherwise specified herein, such plans and
specifications shall be in accordance with the TOWN’S "Design Standards
for Paving, Drainage and Utility Improvements" and the North Central Texas
Council of Governments’ (NCTCOG) Standard Specifications for Public
Works Construction, as presently adopted.
C. The DEVELOPER will award its own construction contract for the
construction of all PROJECT street, sanitary sewer, and other drainage
public improvements and facilities for the completion of the Project. The
32
DEVELOPER agrees to employ a construction contractor(s) who is approved
by the TOWN, said contractor(s) to meet TOWN and statutory requirements
for being insured, licensed and bonded to perform work in public rights-of-
way and to be qualified in all respects to bid on public streets and public
projects of a similar nature. The DEVELOPER agrees to submit contract
documents to the TOWN and participate in a pre-construction meeting with
the TOWN and all Developer contractors.
D. Prior to the execution of this Agreement, the commencement of construction,
the filing of the Final Plat, or the issuance of any building permits, the
DEVELOPER shall present to the TOWN a performance bond(s), payment
bond(s) and maintenance bond(s), meeting the requirements of Chapter
2253 of the Texas Government Code. Each bond shall individually
guarantee and agree to pay an amount equal to one hundred percent
(100%) of the value of the construction costs (as determined by the TOWN
Engineer) for all public improvements and facilities to be constructed by or on
behalf of the Developer for the Project. Any surety company through which a
bond is written shall be a surety company duly authorized to do business in
the State of Texas, provided that the TOWN, through the Town Attorney,
shall retain the right to reject any surety company as a surety for any work
under this or any other SUBDIVIDER’S AGREEMENT regardless of such
Company’s authorization to do business in Texas. Approvals by the TOWN
shall not be unreasonably withheld or delayed.
1) As an alternative to providing a surety bond for performance and a surety
bond for maintenance as specified hereinabove, Developer may provide
financial assurances for performance and maintenance in the form of a
cash deposit, a certificate of deposit, or irrevocable letter of credit.
Provided however, that such alternative financial assurances shall only
be allowed if each meets all requirements specified in Section 7.2 of the
Town of Trophy Club Subdivision Regulations. All such alternative
financial assurances must be on forms approved by the Town Attorney.
2) As an alternative to the Developer providing a performance bond,
payment bond, and maintenance bond, as specified above, Developer
may provide financial assurances for performance, payment and
maintenance from a single general contractor for the Project, provided
that such assurances meet all other requirements specified hereinabove
and the Town is named as a dual obligee on each such bond.
Additionally, such alternative financial assurances shall only be allowed if
each meets all requirements specified in Section 7.2 of the Town of
Trophy Club Subdivision Regulations. All such alternative financial
assurances must be on forms approved by the Town Attorney.
E. The performance bond(s) shall be submitted in statutory form guaranteeing
the full and faithful completion of the facilities and improvements required
33
under this Agreement for completion of the PROJECT to the TOWN and
provide for payment to the TOWN of such amounts up to the total remaining
amounts required for the completion of the PROJECT if the work is not
completed as required hereunder.
F. The payment bond(s) shall be submitted in statutory form guaranteeing
payment of all labor and material costs of the Project and shall be furnished
solely for the protection of all claimants supplying labor and material in the
performance of the work provided for under this AGREEMENT. The
maintenance bond(s) shall guarantee the payment of any and all necessary
maintenance of the Project for a period of two (2) years following acceptance
of the public improvements and facilities by the TOWN, in an amount equal
to one hundred (100%) percent of the value of the construction costs of all
the public improvements and facilities to be constructed under this
Agreement in respect to the Project.
G. Any guarantee of performance, maintenance, or payment instrument (e.g.,
performance bond, payment bond, maintenance bond, letters of credit,
and/or cash deposit or the like) (individually a “Guarantee” or collectively the
“Guarantees”) submitted by or through the DEVELOPER on a form other
than the one which has been previously approved by the TOWN as
"acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S
expense, and construction of the Project shall not commence until the Town
Attorney has approved such Guarantees. Approval by the TOWN (and the
Town Attorney) shall not be unreasonably withheld or delayed. All such
Guarantees shall be maintained in full force and effect until such time as the
DEVELOPER has fully complied with the terms and conditions of this
AGREEMENT as agreed to in writing by the TOWN, and failure to keep
same in force and effect shall constitute a breach of this AGREEMENT.
Failure to maintain performance and payment Guarantees meeting the
requirements of this AGREEMENT shall result in a stop work order being
issued by the Town. Additionally, all Guarantees furnished hereunder which
expire prior to the completion of construction or applicable warranty periods
shall be renewed in amounts designated by the TOWN and shall be
delivered to the TOWN and approved by the TOWN on or before the tenth
(10th) banking day before the date of expiration of any then existing
Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN
within the time prescribed herein, such failure shall constitute a breach of this
AGREEMENT and shall be a basis for the TOWN to draw on all or any
portion of any existing Guarantee in addition to any or all other remedies
available to the TOWN. The DEVELOPER further agrees to release and
forever hold the TOWN harmless from any losses, damages and/or
expenses incurred by the DEVELOPER for any delays due to the TOWN'S
review of any Guarantee which is in a form other than one which has been
previously approved by the TOWN. The TOWN requires the DEVELOPER
34
to have all Guarantee forms approved prior to the commencement of work
and construction of improvements.
H. It is further agreed and understood by the parties hereto that upon
acceptance thereof by the TOWN of all public improvements and facilities as
described in Section II of this Agreement, title to all such improvements and
facilities shall be vested in the TOWN, and the DEVELOPER hereby
relinquishes any right, title, or interest in and to such improvements and
facilities or any part thereof. It is further understood and agreed that until the
TOWN accepts such improvements and facilities, the TOWN shall have no
liability or responsibility with respect thereto. Acceptance of the
improvements and facilities shall occur at such time as the TOWN, through
its TOWN Engineer, provides the DEVELOPER with a written
acknowledgment that all improvements and facilities are complete, have
been inspected and approved and are being accepted by the TOWN.
I. The DEVELOPER’S Engineer has prepared detailed estimates of
$115,459.41 and the TOWN Engineer has approved an estimate of
$115,459.41 for the cost of public improvements and facilities for this Project.
The detailed cost estimates are a part of this AGREEMENT and are attached
hereto as "Attachment A" and incorporated herein. The TOWN shall not
accept any construction improvements outside of the Project and the two (2)
year warranty for such improvements shall not commence until all
construction activities are completed and accepted by the TOWN.
J. Upon TOWN’S approval and acceptance of the final plat and the engineering
plans, the final plat will be recorded with the County Clerk of Denton County.
No building permits will be issued in for any lots on/in the Project until the
final plat is filed and the public improvements and facilities specified herein
are completed and accepted by the TOWN.
K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major
subcontractors) and TOWN, as well as any other third party deemed
necessary by the Town, shall participate in a pre-construction conference
prior to the initiation of any work. At or prior to the pre-construction meeting,
Developer shall provide the TOWN with the following documents: 1) Two (2)
copies of all executed construction contracts; 2) List of all
contractors/subcontractors and their project assignments; 3) Five (5) sets
(and additional sets as necessary for any contractors) of approved
construction plans and specifications. This list of contractors/subcontractors
shall be updated within seven days of any changes. The DEVELOPER
agrees to give the TOWN at least twenty-four (24) hours prior written notice
of his/her intent to commence construction of all public improvements and
facilities, so that the TOWN, if it so desires, may have its representatives
available to inspect the beginning and continuing progress of all work.
Developer shall submit all documentation evidencing that each of the
35
Guarantees required under this Agreement have been provided and all
required insurance has been obtained prior to the pre-construction meeting.
L. The DEVELOPER agrees to notify all contractors and subcontractors
working on the PROJECT that all their work is subject to inspection by a
TOWN Inspector at any time, and that such inspection may require a
certification by the contractors and subcontractors of the type, kind, and
quality of materials used on the PROJECT.
M. Should any work or construction of improvements or facilities on the
PROJECT which has not been contemplated in the current construction
documents (plans and specifications), the plat, or this AGREEMENT,
become necessary due to site conditions, then the DEVELOPER shall be
required to contact in writing (with a copy to the TOWN of Trophy Club), with
the TOWN Engineer to determine how such work or construction should
progress. The DEVELOPER further agrees to follow all reasonable
recommendations and requirements imposed by the TOWN Engineer in such
instance. (Addresses for points of contact are as follows:)
Town of Trophy Club Teague, Nall & Perkins
Mr. Brandon Emmons, Town
Manager
Mr. Tom Rutledge, Town Engineer
100 Municipal Drive 1100 Macon Street
Trophy Club, Texas 76262 Fort Worth, Texas 76102
Phone: 682/831-4600 Phone: 817.336.5773
Fax: 817.490.0705 Fax: 817.336.2813
Email:
bemmons@ci.trophyclub.tx.us
Email: trutledge@tnp-online.com
N. The DEVELOPER agrees to cause all work and construction of
improvements and facilities to be stopped upon twenty-four (24) hour
notification from the TOWN Engineer of nonconforming improvements,
including the materials used and the methods of installation. The
DEVELOPER further agrees to correct all nonconformities in accordance
with the TOWN Engineer’s instructions.
O. The DEVELOPER is encouraged not to convey title of any lots of the
PROJECT, until all construction in respect to the PROJECT required in
Section II is complete and the TOWN has approved and accepted the work
and improvements in respect thereof. The DEVELOPER understands that
the TOWN will issue no building permits for improvements on any lot in the
Project until all public improvements and facilities in respect to the Project
are completed in accordance with this Agreement. Further, DEVELOPER
agrees to inform all persons or entities purchasing the lots or any interest in
the lots that TOWN will not issue any building permits until all public
36
improvements and facilities are completed in accordance with this
Agreement.
P. After completion and prior to acceptance of all work, the DEVELOPER must
furnish to the TOWN an affidavit of all bills paid.
Q. Developer is responsible for maintenance of all common areas.
II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED
A. The following public improvements and facilities are to be constructed and
completed in accordance with the approved plans and specifications as
described in Attachment “B”:
1) Streets.
2) Drainage and Storm Sewer.
3) Sewer.
4) Water Distribution System.
5) Landscaping.
6) Subdivision Wall.
7) Signs.
8) Driveways and Walkways.
9) Lights
10) Common Area
B. Other.
1. Bench marks to be located as shown on the approved plans.
2. Upon completion, three (3) sets of as-builts/record drawings and one (1)
set of reproducible (Mylar) drawings shall be submitted to the TOWN
within two (2) months following the acceptance of the public
improvements and facilities.
3. Testing
The Developer shall provide all geotechnical and materials tests required
by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost
in accordance with Section 7.03 of Article 7, Chapter 12 of the Town’s
Code of Ordinances. Such tests shall be conducted by an independent
laboratory acceptable to the Town.
4. Permits
The DEVELOPER will pay a Community Facilities inspection fee in the
amount of $5,772.97 (5% of $115,459.41) to cover the cost of TOWN
37
inspection fees as related to the construction of the Project. The
Developers may be obligated to pay other TOWN fees as set forth in the
TOWN’S Schedule of Fees, as may be amended from time to time. The
DEVELOPER will be responsible for obtaining any other permits which
may be required by other federal, state or local authorities.
5. Planned Development District No. 27.
Developer shall construct and maintain all improvements in accordance
with the TOWN approved Planned Development District No. 27 and all
TOWN approved amendments thereto.
III. GENERAL PROVISIONS
A. The DEVELOPER agrees to furnish and maintain at all times prior to the
TOWN’S final acceptance of the public improvements and community
facilities for the Project, an owners protective liability insurance policy naming
the TOWN as insured for property damage and bodily injury in the amounts.
Coverage shall be on an “occurrence” basis and shall be issued with a
combined bodily injury and property damage minimum limit of $600,000 per
occurrence and $1,000,000 aggregate.
B. Exclusive venue of any action brought hereunder shall be in Denton, Denton
County, Texas.
C. Approval by the TOWN Engineer of any plans, designs or specifications
submitted by the DEVELOPER pursuant to this AGREEMENT shall not
constitute or be deemed to be a release of the responsibility and liability of
the DEVELOPER, his engineer, employees, officers or agents with respect
to the construction of any of the PROJECT’S improvements or facilities, or
for the accuracy and competency of the PROJECT’S improvements and
facilities design and specifications prepared by the DEVELOPER'S
consulting engineer, his officers, agents, servants or employees, it being the
intent of the parties that the approval by the TOWN Engineer signifies the
TOWN'S approval on only the general design concept of the improvements
and facilities to be constructed. The DEVELOPER shall release, indemnify,
defend and hold harmless the TOWN, its officers, agents, servants and
employees, from any demands, actions, causes of action, obligations, loss,
damage, liability or expense, including attorneys fees and expenses, on
account of or with respect to damage to property and injuries, including
death, to any and all persons which may arise out of or result from any
defect, deficiency or negligence in the construction of the PROJECT’S public
improvements and facilities or with respect to the DEVELOPER'S Engineer’s
designs and specifications incorporated into any improvements and facilities
constructed in accordance therewith, and the DEVELOPER shall defend at
his own expense any suits or other proceedings brought against the TOWN,
38
its officers, agents, servants or employees, or any of them, on account
thereof, and pay all expenses and satisfy all judgments which may be
incurred or rendered against them or any of them in connection herewith. All
responsibility and liability for drainage to adjacent and downstream
properties from development of this PROJECT will accrue to the
DEVELOPER.
D. Liability for construction. The DEVELOPER, its successors, permittees,
permitted assigns, vendors, grantees and/or trustees do hereby fully release
and agree to indemnify, hold harmless and defend the TOWN, its officers,
agents, servants and employees from all losses, damage liabilities, claims,
obligations, penalties, charges, costs or expenses of any nature whatsoever,
for property damage, personal injury or death, resulting from or in any way
connected with this contract or the construction of the improvements or
facilities or the failure to safeguard construction work, or any other act or
omission of the DEVELOPER or its contractors or subcontractors, their
officers, agents, servants or employees related thereto.
E. Final Acceptance of Infrastructure. The TOWN will not issue a Letter of
Acceptance until all public facilities and improvements are completely
constructed (Final Completion) to the satisfaction of the TOWN Engineer or
his agent. However, upon Substantial Completion, a “punch list” of
outstanding items shall be presented to the Developer’s contractor(s)
indicating those outstanding items and their deficiencies that need to be
addressed for Final Completion of the Improvements.
F. Neither this Agreement nor any part hereof or any interests, rights, or
obligations herein, shall not be assigned by the DEVELOPER without the
express written consent of the TOWN Council.
G. All work performed under this AGREEMENT shall be completed within
eighteen months from the date hereof. In the event the work is not
completed within the eighteen (18) month period, the TOWN may, at its sole
election, draw down or otherwise exercise it rights under or with respect to
any Guarantee provided by the DEVELOPER and complete such work at
DEVELOPER'S expense; provided, however, that if the construction under
this AGREEMENT shall have started within the eighteen (18) month period,
the TOWN may agree to renew the AGREEMENT with such renewed
AGREEMENT to be in writing and in compliance with the TOWN policies in
effect at that time. Notwithstanding the foregoing, in the event that the
performance by either party of any of its’ obligations or undertakings
hereunder shall be interrupted or delayed by any occurrence and not
occasioned by the conduct of either party hereto, whether such occurrence
be an act of God or the common enemy or the result of war, riot, civil
commotion, or sovereign conduct, then upon written notice of such
occurrence, such party shall be excused from performance for a period of
39
time as is reasonably necessary after such occurrence to remedy the effects
thereof, and each party shall bear the cost of any expense it may incur due to
the occurrence.
H. This Subdivider's AGREEMENT shall be construed in accordance with the
Town of Trophy Club, Texas Subdivision Regulations and all other applicable
ordinances. Any conflicts between the provisions of this Subdivider’s
AGREEMENT, the TOWN'S Subdivision Regulations, Town Ordinances, and
State and Federal law, shall be construed in favor of the Town’s ordinance(s)
as allowed by law, subject to Chapter 245 of the Local Government Code.
To the extent that any such conflict exists, only that portion of the
Subdivider’s AGREEMENT which is in conflict shall be severable from the
other provisions of the AGREEMENT, and such conflict shall in no manner
affect the validity or enforceability of the remaining provisions.
I. All rights, remedies and privileges permitted or available to the TOWN under
this AGREEMENT or at law or equity shall be cumulative and not alternative,
and election of any such right, remedy or privilege shall not constitute a
waiver or exclusive election of rights, remedies or privileges with respect to
any other permitted or available right, remedy or privilege. Additionally, one
instance of forbearance by the Town in the enforcement of any such right,
remedy or privilege, shall not constitute a waiver of such right, remedy or
privilege by the Town. A default under this Agreement by the TOWN shall
not result in a forfeiture of any rights, remedies, or privileges under this
Agreement by the TOWN.
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER:
By:
Date:
By:
Project Manager
Date:
TOWN OF TROPHY CLUB:
40
By:
Mayor, Town of Trophy Club
ATTEST:
___________________________
Town Secretary, Town of Trophy Club
Date: ______________________
APPROVED AS TO FORM:
____________________________
Town Attorney, Town of Trophy Club
41
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.B.4
Consent Agenda: Discuss and take appropriate action regarding approval
of the Subdivider's Agreement for an 39.810 acre tract of land known as
The Highlands at Trophy Club Neighborhood 2, Phase 1B.
EXPLANATION:
On January 7, 2008, Council granted approval of the Final Plat for The Highlands at Trophy Club,
Neighborhood 2, Phase 1B. The Subdivider’s Agreement for this phase is attached for Council’s
approval.
RECOMMENDATION: Approval of the Subdivider’s Agreement for Neighborhood 2, Phase 1B.
(ch)
Attachments: Subdivider’s Agreement
42
THE HIGHLANDS AT TROPHY CLUB
NEIGHBORHOOD 2, PHASE 1B
SUBDIVIDER'S AGREEMENT
An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred
to as the "TOWN") and BDMR Development, LLC acting by and through its duly
authorized representative (hereinafter referred to as the "DEVELOPER"), for the
installation of public improvements and facilities within the TOWN limits of Trophy Club,
Texas, for Neighborhood 2, Phase 1B, more particularly described as a tract of land
consisting of approximately 39.810 acres, hereinafter being referred to collectively as
the "PROJECT," and such public improvements being more particularly described in
Section II of this AGREEMENT. It is understood by and between the parties that this
AGREEMENT is applicable to the lot(s) contained within the Final Plat as presented to
TOWN Staff on March 1, 2007 and to the offsite improvements necessary to support the
PROJECT, more particularly described in Section II of this AGREEMENT. It is further
agreed that this AGREEMENT, when properly signed and executed, shall satisfy the
requirements of the TOWN’S Subdivision Regulations.
I. GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a registered public surveyor licensed to practice in the State of
Texas to prepare a final plat of the PROJECT.
The Project is planned to be platted for Single Family Residential together
with allowed incidental and accessory uses. The Project received
preliminary plat approval from the Town on December 18, 2006, and a one
year extension of the preliminary plat was granted by the Planning & Zoning
Commission on December 6, 2007.
B. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a civil engineer licensed to practice in the State of Texas for the
design and preparation of the plans and specifications for the construction of
all public improvements and facilities described in Section II and covered by
this AGREEMENT. Unless otherwise specified herein, such plans and
specifications shall be in accordance with the TOWN’S "Design Standards
for Paving, Drainage and Utility Improvements" and the North Central Texas
Council of Governments’ (NCTCOG) Standard Specifications for Public
Works Construction, as presently adopted.
C. The DEVELOPER will award its own construction contract for the
construction of all PROJECT street, sanitary sewer, and other drainage
public improvements and facilities for the completion of the Project. The
43
DEVELOPER agrees to employ a construction contractor(s) who is approved
by the TOWN, said contractor(s) to meet TOWN and statutory requirements
for being insured, licensed and bonded to perform work in public rights-of-
way and to be qualified in all respects to bid on public streets and public
projects of a similar nature. The DEVELOPER agrees to submit contract
documents to the TOWN and participate in a pre-construction meeting with
the TOWN and all Developer contractors.
D. Prior to the execution of this Agreement, the commencement of construction,
the filing of the Final Plat, or the issuance of any building permits, the
DEVELOPER shall present to the TOWN a performance bond(s), payment
bond(s) and maintenance bond(s), meeting the requirements of Chapter
2253 of the Texas Government Code. Each bond shall individually
guarantee and agree to pay an amount equal to one hundred percent
(100%) of the value of the construction costs (as determined by the TOWN
Engineer) for all public improvements and facilities to be constructed by or on
behalf of the Developer for the Project. Any surety company through which a
bond is written shall be a surety company duly authorized to do business in
the State of Texas, provided that the TOWN, through the Town Attorney,
shall retain the right to reject any surety company as a surety for any work
under this or any other SUBDIVIDER’S AGREEMENT regardless of such
Company’s authorization to do business in Texas. Approvals by the TOWN
shall not be unreasonably withheld or delayed.
1) As an alternative to providing a surety bond for performance and a surety
bond for maintenance as specified hereinabove, Developer may provide
financial assurances for performance and maintenance in the form of a
cash deposit, a certificate of deposit, or irrevocable letter of credit.
Provided however, that such alternative financial assurances shall only be
allowed if each meets all requirements specified in Section 7.2 of the
Town of Trophy Club Subdivision Regulations. All such alternative
financial assurances must be on forms approved by the Town Attorney.
2) As an alternative to the Developer providing a performance bond,
payment bond, and maintenance bond, as specified above, Developer
may provide financial assurances for performance, payment and
maintenance from a single general contractor for the Project, provided that
such assurances meet all other requirements specified hereinabove and
the Town is named as a dual obligee on each such bond. Additionally,
such alternative financial assurances shall only be allowed if each meets
all requirements specified in Section 7.2 of the Town of Trophy Club
Subdivision Regulations. All such alternative financial assurances must
be on forms approved by the Town Attorney.
E. The performance bond(s) shall be submitted in statutory form guaranteeing
the full and faithful completion of the facilities and improvements required
44
under this Agreement for completion of the PROJECT to the TOWN and
provide for payment to the TOWN of such amounts up to the total remaining
amounts required for the completion of the PROJECT if the work is not
completed as required hereunder.
F. The payment bond(s) shall be submitted in statutory form guaranteeing
payment of all labor and material costs of the Project and shall be furnished
solely for the protection of all claimants supplying labor and material in the
performance of the work provided for under this AGREEMENT. The
maintenance bond(s) shall guarantee the payment of any and all necessary
maintenance of the Project for a period of two (2) years following acceptance
of the public improvements and facilities by the TOWN, in an amount equal
to one hundred (100%) percent of the value of the construction costs of all
the public improvements and facilities to be constructed under this
Agreement in respect to the Project.
G. Any guarantee of performance, maintenance, or payment instrument (e.g.,
performance bond, payment bond, maintenance bond, letters of credit,
and/or cash deposit or the like) (individually a “Guarantee” or collectively the
“Guarantees”) submitted by or through the DEVELOPER on a form other
than the one which has been previously approved by the TOWN as
"acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S
expense, and construction of the Project shall not commence until the Town
Attorney has approved such Guarantees. Approval by the TOWN (and the
Town Attorney) shall not be unreasonably withheld or delayed. All such
Guarantees shall be maintained in full force and effect until such time as the
DEVELOPER has fully complied with the terms and conditions of this
AGREEMENT as agreed to in writing by the TOWN, and failure to keep
same in force and effect shall constitute a breach of this AGREEMENT.
Failure to maintain performance and payment Guarantees meeting the
requirements of this AGREEMENT shall result in a stop work order being
issued by the Town. Additionally, all Guarantees furnished hereunder which
expire prior to the completion of construction or applicable warranty periods
shall be renewed in amounts designated by the TOWN and shall be
delivered to the TOWN and approved by the TOWN on or before the tenth
(10th) banking day before the date of expiration of any then existing
Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN
within the time prescribed herein, such failure shall constitute a breach of this
AGREEMENT and shall be a basis for the TOWN to draw on all or any
portion of any existing Guarantee in addition to any or all other remedies
available to the TOWN. The DEVELOPER further agrees to release and
forever hold the TOWN harmless from any losses, damages and/or
expenses incurred by the DEVELOPER for any delays due to the TOWN'S
review of any Guarantee which is in a form other than one which has been
previously approved by the TOWN. The TOWN requires the DEVELOPER
45
to have all Guarantee forms approved prior to the commencement of work
and construction of improvements.
H. It is further agreed and understood by the parties hereto that upon
acceptance thereof by the TOWN of all public improvements and facilities as
described in Section II of this Agreement, title to all such improvements and
facilities shall be vested in the TOWN, and the DEVELOPER hereby
relinquishes any right, title, or interest in and to such improvements and
facilities or any part thereof. It is further understood and agreed that until the
TOWN accepts such improvements and facilities, the TOWN shall have no
liability or responsibility with respect thereto. Acceptance of the
improvements and facilities shall occur at such time as the TOWN, through
its TOWN Engineer, provides the DEVELOPER with a written
acknowledgment that all improvements and facilities are complete, have
been inspected and approved and are being accepted by the TOWN.
I. The DEVELOPER’S Engineer has prepared detailed estimates of
$1,246,961.67 and the TOWN Engineer has approved an estimate of
$1,246,961.67 for the cost of public improvements and facilities for this
Project. The detailed cost estimates are a part of this AGREEMENT and are
attached hereto as "Attachment A" and incorporated herein. The TOWN
shall not accept any construction improvements outside of the Project and
the two (2) year warranty for such improvements shall not commence until all
construction activities are completed and accepted by the TOWN.
J. Upon TOWN’S approval and acceptance of the final plat and the engineering
plans, the final plat will be recorded with the County Clerk of Denton County.
No building permits will be issued in for any lots on/in the Project until the
final plat is filed and the public improvements and facilities specified herein
are completed and accepted by the TOWN.
K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major
subcontractors) and TOWN, as well as any other third party deemed
necessary by the Town, shall participate in a pre-construction conference
prior to the initiation of any work. At or prior to the pre-construction meeting,
Developer shall provide the TOWN with the following documents: 1) Two (2)
copies of all executed construction contracts; 2) List of all
contractors/subcontractors and their project assignments; 3) Five (5) sets
(and additional sets as necessary for any contractors) of approved
construction plans and specifications. This list of contractors/subcontractors
shall be updated within seven days of any changes. The DEVELOPER
agrees to give the TOWN at least twenty-four (24) hours prior written notice
of his/her intent to commence construction of all public improvements and
facilities, so that the TOWN, if it so desires, may have its representatives
available to inspect the beginning and continuing progress of all work.
Developer shall submit all documentation evidencing that each of the
46
Guarantees required under this Agreement have been provided and all
required insurance has been obtained prior to the pre-construction meeting.
L. The DEVELOPER agrees to notify all contractors and subcontractors
working on the PROJECT that all their work is subject to inspection by a
TOWN Inspector at any time, and that such inspection may require a
certification by the contractors and subcontractors of the type, kind, and
quality of materials used on the PROJECT.
M. Should any work or construction of improvements or facilities on the
PROJECT which has not been contemplated in the current construction
documents (plans and specifications), the plat, or this AGREEMENT,
become necessary due to site conditions, then the DEVELOPER shall be
required to contact in writing (with a copy to the TOWN of Trophy Club), with
the TOWN Engineer to determine how such work or construction should
progress. The DEVELOPER further agrees to follow all reasonable
recommendations and requirements imposed by the TOWN Engineer in such
instance. (Addresses for points of contact are as follows:)
Town of Trophy Club Teague, Nall & Perkins
Mr. Brandon Emmons, Town
Manager
Mr. Tom Rutledge, Town Engineer
100 Municipal Drive 1100 Macon Street
Trophy Club, Texas 76262 Fort Worth, Texas 76102
Phone: 682/831-4600 Phone: 817.336.5773
Fax: 817.490.0705 Fax: 817.336.2813
Email:
bemmons@ci.trophyclub.tx.us
Email: trutledge@tnp-online.com
N. The DEVELOPER agrees to cause all work and construction of
improvements and facilities to be stopped upon twenty-four (24) hour
notification from the TOWN Engineer of nonconforming improvements,
including the materials used and the methods of installation. The
DEVELOPER further agrees to correct all nonconformities in accordance
with the TOWN Engineer’s instructions.
O. The DEVELOPER is encouraged not to convey title of any lots of the
PROJECT, until all construction in respect to the PROJECT required in
Section II is complete and the TOWN has approved and accepted the work
and improvements in respect thereof. The DEVELOPER understands that
the TOWN will issue no building permits for improvements on any lot in the
Project until all public improvements and facilities in respect to the Project
are completed in accordance with this Agreement. Further, DEVELOPER
agrees to inform all persons or entities purchasing the lots or any interest in
the lots that TOWN will not issue any building permits until all public
47
improvements and facilities are completed in accordance with this
Agreement.
P. After completion and prior to acceptance of all work, the DEVELOPER must
furnish to the TOWN an affidavit of all bills paid.
Q. Developer is responsible for maintenance of all common areas.
II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED
A. The following public improvements and facilities are to be constructed and
completed in accordance with the approved plans and specifications as
described in Attachment “B”:
1) Streets.
2) Drainage and Storm Sewer
3) Sewer
4) Water Distribution System
5) Landscaping
6) Subdivision Wall
7) Signs
8) Driveways and Walkways
9) Lights
10) Common Area
B. Other.
1. Bench marks to be located as shown on the approved plans.
2. Upon completion, three (3) sets of as-builts/record drawings and one (1)
set of reproducible (Mylar) drawings shall be submitted to the TOWN
within two (2) months following the acceptance of the public
improvements and facilities.
3. Testing
The Developer shall provide all geotechnical and materials tests required
by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost
in accordance with Section 7.03 of Article 7, Chapter 12 of the Town’s
Code of Ordinances. Such tests shall be conducted by an independent
laboratory acceptable to the Town.
4. Permits
The DEVELOPER will pay a Community Facilities inspection fee in the
amount of $62,348.08 (5% of $1,246,961.67) to cover the cost of TOWN
48
inspection fees as related to the construction of the Project. The
Developers may be obligated to pay other TOWN fees as set forth in the
TOWN’S Schedule of Fees, as may be amended from time to time. The
DEVELOPER will be responsible for obtaining any other permits which
may be required by other federal, state or local authorities.
5. Planned Development District No. 27.
Developer shall construct and maintain all improvements in accordance
with the TOWN approved Planned Development District No. 27 and all
TOWN approved amendments thereto.
III. GENERAL PROVISIONS
A. The DEVELOPER agrees to furnish and maintain at all times prior to the
TOWN’S final acceptance of the public improvements and community
facilities for the Project, an owners protective liability insurance policy naming
the TOWN as insured for property damage and bodily injury in the amounts.
Coverage shall be on an “occurrence” basis and shall be issued with a
combined bodily injury and property damage minimum limit of $600,000 per
occurrence and $1,000,000 aggregate.
B. Exclusive venue of any action brought hereunder shall be in Denton, Denton
County, Texas.
C. Approval by the TOWN Engineer of any plans, designs or specifications
submitted by the DEVELOPER pursuant to this AGREEMENT shall not
constitute or be deemed to be a release of the responsibility and liability of
the DEVELOPER, his engineer, employees, officers or agents with respect
to the construction of any of the PROJECT’S improvements or facilities, or
for the accuracy and competency of the PROJECT’S improvements and
facilities design and specifications prepared by the DEVELOPER'S
consulting engineer, his officers, agents, servants or employees, it being the
intent of the parties that the approval by the TOWN Engineer signifies the
TOWN'S approval on only the general design concept of the improvements
and facilities to be constructed. The DEVELOPER shall release, indemnify,
defend and hold harmless the TOWN, its officers, agents, servants and
employees, from any demands, actions, causes of action, obligations, loss,
damage, liability or expense, including attorneys fees and expenses, on
account of or with respect to damage to property and injuries, including
death, to any and all persons which may arise out of or result from any
defect, deficiency or negligence in the construction of the PROJECT’S public
improvements and facilities or with respect to the DEVELOPER'S Engineer’s
designs and specifications incorporated into any improvements and facilities
constructed in accordance therewith, and the DEVELOPER shall defend at
his own expense any suits or other proceedings brought against the TOWN,
49
its officers, agents, servants or employees, or any of them, on account
thereof, and pay all expenses and satisfy all judgments which may be
incurred or rendered against them or any of them in connection herewith. All
responsibility and liability for drainage to adjacent and downstream
properties from development of this PROJECT will accrue to the
DEVELOPER.
D. Liability for construction. The DEVELOPER, its successors, permittees,
permitted assigns, vendors, grantees and/or trustees do hereby fully release
and agree to indemnify, hold harmless and defend the TOWN, its officers,
agents, servants and employees from all losses, damage liabilities, claims,
obligations, penalties, charges, costs or expenses of any nature whatsoever,
for property damage, personal injury or death, resulting from or in any way
connected with this contract or the construction of the improvements or
facilities or the failure to safeguard construction work, or any other act or
omission of the DEVELOPER or its contractors or subcontractors, their
officers, agents, servants or employees related thereto.
E. Final Acceptance of Infrastructure. The TOWN will not issue a Letter of
Acceptance until all public facilities and improvements are completely
constructed (Final Completion) to the satisfaction of the TOWN Engineer or
his agent. However, upon Substantial Completion, a “punch list” of
outstanding items shall be presented to the Developer’s contractor(s)
indicating those outstanding items and their deficiencies that need to be
addressed for Final Completion of the Improvements.
F. Neither this Agreement nor any part hereof or any interests, rights, or
obligations herein, shall not be assigned by the DEVELOPER without the
express written consent of the TOWN Council.
G. All work performed under this AGREEMENT shall be completed within
eighteen months from the date hereof. In the event the work is not
completed within the eighteen (18) month period, the TOWN may, at its sole
election, draw down or otherwise exercise it rights under or with respect to
any Guarantee provided by the DEVELOPER and complete such work at
DEVELOPER'S expense; provided, however, that if the construction under
this AGREEMENT shall have started within the eighteen (18) month period,
the TOWN may agree to renew the AGREEMENT with such renewed
AGREEMENT to be in writing and in compliance with the TOWN policies in
effect at that time. Notwithstanding the foregoing, in the event that the
performance by either party of any of its’ obligations or undertakings
hereunder shall be interrupted or delayed by any occurrence and not
occasioned by the conduct of either party hereto, whether such occurrence
be an act of God or the common enemy or the result of war, riot, civil
commotion, or sovereign conduct, then upon written notice of such
occurrence, such party shall be excused from performance for a period of
50
time as is reasonably necessary after such occurrence to remedy the effects
thereof, and each party shall bear the cost of any expense it may incur due to
the occurrence.
H. This Subdivider's AGREEMENT shall be construed in accordance with the
Town of Trophy Club, Texas Subdivision Regulations and all other applicable
ordinances. Any conflicts between the provisions of this Subdivider’s
AGREEMENT, the TOWN'S Subdivision Regulations, Town Ordinances, and
State and Federal law, shall be construed in favor of the Town’s ordinance(s)
as allowed by law, subject to Chapter 245 of the Local Government Code.
To the extent that any such conflict exists, only that portion of the
Subdivider’s AGREEMENT which is in conflict shall be severable from the
other provisions of the AGREEMENT, and such conflict shall in no manner
affect the validity or enforceability of the remaining provisions.
I. All rights, remedies and privileges permitted or available to the TOWN under
this AGREEMENT or at law or equity shall be cumulative and not alternative,
and election of any such right, remedy or privilege shall not constitute a
waiver or exclusive election of rights, remedies or privileges with respect to
any other permitted or available right, remedy or privilege. Additionally, one
instance of forbearance by the Town in the enforcement of any such right,
remedy or privilege, shall not constitute a waiver of such right, remedy or
privilege by the Town. A default under this Agreement by the TOWN shall
not result in a forfeiture of any rights, remedies, or privileges under this
Agreement by the TOWN.
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER:
By:
Date:
By:
Project Manager
Date:
TOWN OF TROPHY CLUB:
51
By:
Mayor, Town of Trophy Club
ATTEST:
___________________________
Town Secretary, Town of Trophy Club
Date: ______________________
APPROVED AS TO FORM:
____________________________
Town Attorney, Town of Trophy Club
52
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.B.5
Consent Agenda: Discuss and take appropriate action regarding approval
of the Subdivider's Agreement for an 11.788 acre tract of land known as
The Highlands at Trophy Club Neighborhood 5, Phase 1D-1.
EXPLANATION:
On January 7, 2008, Council granted approval of the Final Plat for The Highlands at Trophy Club,
Neighborhood 5, Phase 1D-1. The Subdivider’s Agreement for this phase is attached for Council’s
approval.
RECOMMENDATION: Approval of the Subdivider’s Agreement for Neighborhood 5, Phase 1D-1.
(ch)
Attachments: Subdivider’s Agreement
53
THE HIGHLANDS AT TROPHY CLUB
NEIGHBORHOOD 5, PHASE 1D-1
SUBDIVIDER'S AGREEMENT
An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred
to as the "TOWN") and BDMR Development, LLC acting by and through its duly
authorized representative (hereinafter referred to as the "DEVELOPER"), for the
installation of public improvements and facilities within the TOWN limits of Trophy Club,
Texas, for Neighborhood 5, Phase 1D-1, more particularly described as a tract of land
consisting of approximately 11.788 acres, hereinafter being referred to collectively as
the "PROJECT," and such public improvements being more particularly described in
Section II of this AGREEMENT. It is understood by and between the parties that this
AGREEMENT is applicable to the lot(s) contained within the Final Plat as presented to
TOWN Staff on March 1, 2007 and to the offsite improvements necessary to support the
PROJECT, more particularly described in Section II of this AGREEMENT. It is further
agreed that this AGREEMENT, when properly signed and executed, shall satisfy the
requirements of the TOWN’S Subdivision Regulations.
I. GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a registered public surveyor licensed to practice in the State of
Texas to prepare a final plat of the PROJECT.
The Project is planned to be platted for Single Family Residential together
with allowed incidental and accessory uses. The Project received
preliminary plat approval from the Town on December 18, 2006, and a one
year extension of the preliminary plat was granted by the Planning & Zoning
Commission on December 6, 2007.
B. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a civil engineer licensed to practice in the State of Texas for the
design and preparation of the plans and specifications for the construction of
all public improvements and facilities described in Section II and covered by
this AGREEMENT. Unless otherwise specified herein, such plans and
specifications shall be in accordance with the TOWN’S "Design Standards
for Paving, Drainage and Utility Improvements" and the North Central Texas
Council of Governments’ (NCTCOG) Standard Specifications for Public
Works Construction, as presently adopted.
C. The DEVELOPER will award its own construction contract for the
construction of all PROJECT street, sanitary sewer, and other drainage
public improvements and facilities for the completion of the Project. The
54
DEVELOPER agrees to employ a construction contractor(s) who is approved
by the TOWN, said contractor(s) to meet TOWN and statutory requirements
for being insured, licensed and bonded to perform work in public rights-of-
way and to be qualified in all respects to bid on public streets and public
projects of a similar nature. The DEVELOPER agrees to submit contract
documents to the TOWN and participate in a pre-construction meeting with
the TOWN and all Developer contractors.
D. Prior to the execution of this Agreement, the commencement of construction,
the filing of the Final Plat, or the issuance of any building permits, the
DEVELOPER shall present to the TOWN a performance bond(s), payment
bond(s) and maintenance bond(s), meeting the requirements of Chapter
2253 of the Texas Government Code. Each bond shall individually
guarantee and agree to pay an amount equal to one hundred percent
(100%) of the value of the construction costs (as determined by the TOWN
Engineer) for all public improvements and facilities to be constructed by or on
behalf of the Developer for the Project. Any surety company through which a
bond is written shall be a surety company duly authorized to do business in
the State of Texas, provided that the TOWN, through the Town Attorney,
shall retain the right to reject any surety company as a surety for any work
under this or any other SUBDIVIDER’S AGREEMENT regardless of such
Company’s authorization to do business in Texas. Approvals by the TOWN
shall not be unreasonably withheld or delayed.
1) As an alternative to providing a surety bond for performance and a surety
bond for maintenance as specified hereinabove, Developer may provide
financial assurances for performance and maintenance in the form of a
cash deposit, a certificate of deposit, or irrevocable letter of credit.
Provided however, that such alternative financial assurances shall only
be allowed if each meets all requirements specified in Section 7.2 of the
Town of Trophy Club Subdivision Regulations. All such alternative
financial assurances must be on forms approved by the Town Attorney.
2) As an alternative to the Developer providing a performance bond,
payment bond, and maintenance bond, as specified above, Developer
may provide financial assurances for performance, payment and
maintenance from a single general contractor for the Project, provided
that such assurances meet all other requirements specified hereinabove
and the Town is named as a dual obligee on each such bond.
Additionally, such alternative financial assurances shall only be allowed if
each meets all requirements specified in Section 7.2 of the Town of
Trophy Club Subdivision Regulations. All such alternative financial
assurances must be on forms approved by the Town Attorney.
E. The performance bond(s) shall be submitted in statutory form guaranteeing
the full and faithful completion of the facilities and improvements required
55
under this Agreement for completion of the PROJECT to the TOWN and
provide for payment to the TOWN of such amounts up to the total remaining
amounts required for the completion of the PROJECT if the work is not
completed as required hereunder.
F. The payment bond(s) shall be submitted in statutory form guaranteeing
payment of all labor and material costs of the Project and shall be furnished
solely for the protection of all claimants supplying labor and material in the
performance of the work provided for under this AGREEMENT. The
maintenance bond(s) shall guarantee the payment of any and all necessary
maintenance of the Project for a period of two (2) years following acceptance
of the public improvements and facilities by the TOWN, in an amount equal
to one hundred (100%) percent of the value of the construction costs of all
the public improvements and facilities to be constructed under this
Agreement in respect to the Project.
G. Any guarantee of performance, maintenance, or payment instrument (e.g.,
performance bond, payment bond, maintenance bond, letters of credit,
and/or cash deposit or the like) (individually a “Guarantee” or collectively the
“Guarantees”) submitted by or through the DEVELOPER on a form other
than the one which has been previously approved by the TOWN as
"acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S
expense, and construction of the Project shall not commence until the Town
Attorney has approved such Guarantees. Approval by the TOWN (and the
Town Attorney) shall not be unreasonably withheld or delayed. All such
Guarantees shall be maintained in full force and effect until such time as the
DEVELOPER has fully complied with the terms and conditions of this
AGREEMENT as agreed to in writing by the TOWN, and failure to keep
same in force and effect shall constitute a breach of this AGREEMENT.
Failure to maintain performance and payment Guarantees meeting the
requirements of this AGREEMENT shall result in a stop work order being
issued by the Town. Additionally, all Guarantees furnished hereunder which
expire prior to the completion of construction or applicable warranty periods
shall be renewed in amounts designated by the TOWN and shall be
delivered to the TOWN and approved by the TOWN on or before the tenth
(10th) banking day before the date of expiration of any then existing
Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN
within the time prescribed herein, such failure shall constitute a breach of this
AGREEMENT and shall be a basis for the TOWN to draw on all or any
portion of any existing Guarantee in addition to any or all other remedies
available to the TOWN. The DEVELOPER further agrees to release and
forever hold the TOWN harmless from any losses, damages and/or
expenses incurred by the DEVELOPER for any delays due to the TOWN'S
review of any Guarantee which is in a form other than one which has been
previously approved by the TOWN. The TOWN requires the DEVELOPER
56
to have all Guarantee forms approved prior to the commencement of work
and construction of improvements.
H. It is further agreed and understood by the parties hereto that upon
acceptance thereof by the TOWN of all public improvements and facilities as
described in Section II of this Agreement, title to all such improvements and
facilities shall be vested in the TOWN, and the DEVELOPER hereby
relinquishes any right, title, or interest in and to such improvements and
facilities or any part thereof. It is further understood and agreed that until the
TOWN accepts such improvements and facilities, the TOWN shall have no
liability or responsibility with respect thereto. Acceptance of the
improvements and facilities shall occur at such time as the TOWN, through
its TOWN Engineer, provides the DEVELOPER with a written
acknowledgment that all improvements and facilities are complete, have
been inspected and approved and are being accepted by the TOWN.
I. The DEVELOPER’S Engineer has prepared detailed estimates of
$403,818.30 and the TOWN Engineer has approved an estimate of
$403,818.30 for the cost of public improvements and facilities for this Project.
The detailed cost estimates are a part of this AGREEMENT and are attached
hereto as "Attachment A" and incorporated herein. The TOWN shall not
accept any construction improvements outside of the Project and the two (2)
year warranty for such improvements shall not commence until all
construction activities are completed and accepted by the TOWN.
J. Upon TOWN’S approval and acceptance of the final plat and the engineering
plans, the final plat will be recorded with the County Clerk of Denton County.
No building permits will be issued in for any lots on/in the Project until the
final plat is filed and the public improvements and facilities specified herein
are completed and accepted by the TOWN.
K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major
subcontractors) and TOWN, as well as any other third party deemed
necessary by the Town, shall participate in a pre-construction conference
prior to the initiation of any work. At or prior to the pre-construction meeting,
Developer shall provide the TOWN with the following documents: 1) Two (2)
copies of all executed construction contracts; 2) List of all
contractors/subcontractors and their project assignments; 3) Five (5) sets
(and additional sets as necessary for any contractors) of approved
construction plans and specifications. This list of contractors/subcontractors
shall be updated within seven days of any changes. The DEVELOPER
agrees to give the TOWN at least twenty-four (24) hours prior written notice
of his/her intent to commence construction of all public improvements and
facilities, so that the TOWN, if it so desires, may have its representatives
available to inspect the beginning and continuing progress of all work.
Developer shall submit all documentation evidencing that each of the
57
Guarantees required under this Agreement have been provided and all
required insurance has been obtained prior to the pre-construction meeting.
L. The DEVELOPER agrees to notify all contractors and subcontractors
working on the PROJECT that all their work is subject to inspection by a
TOWN Inspector at any time, and that such inspection may require a
certification by the contractors and subcontractors of the type, kind, and
quality of materials used on the PROJECT.
M. Should any work or construction of improvements or facilities on the
PROJECT which has not been contemplated in the current construction
documents (plans and specifications), the plat, or this AGREEMENT,
become necessary due to site conditions, then the DEVELOPER shall be
required to contact in writing (with a copy to the TOWN of Trophy Club), with
the TOWN Engineer to determine how such work or construction should
progress. The DEVELOPER further agrees to follow all reasonable
recommendations and requirements imposed by the TOWN Engineer in such
instance. (Addresses for points of contact are as follows:)
Town of Trophy Club Teague, Nall & Perkins
Mr. Brandon Emmons, Town
Manager
Mr. Tom Rutledge, Town Engineer
100 Municipal Drive 1100 Macon Street
Trophy Club, Texas 76262 Fort Worth, Texas 76102
Phone: 682/831-4600 Phone: 817.336.5773
Fax: 817.490.0705 Fax: 817.336.2813
Email:
bemmons@ci.trophyclub.tx.us
Email: trutledge@tnp-online.com
N. The DEVELOPER agrees to cause all work and construction of
improvements and facilities to be stopped upon twenty-four (24) hour
notification from the TOWN Engineer of nonconforming improvements,
including the materials used and the methods of installation. The
DEVELOPER further agrees to correct all nonconformities in accordance
with the TOWN Engineer’s instructions.
O. The DEVELOPER is encouraged not to convey title of any lots of the
PROJECT, until all construction in respect to the PROJECT required in
Section II is complete and the TOWN has approved and accepted the work
and improvements in respect thereof. The DEVELOPER understands that
the TOWN will issue no building permits for improvements on any lot in the
Project until all public improvements and facilities in respect to the Project
are completed in accordance with this Agreement. Further, DEVELOPER
agrees to inform all persons or entities purchasing the lots or any interest in
the lots that TOWN will not issue any building permits until all public
58
improvements and facilities are completed in accordance with this
Agreement.
P. After completion and prior to acceptance of all work, the DEVELOPER must
furnish to the TOWN an affidavit of all bills paid.
Q. Developer is responsible for maintenance of all common areas.
II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED
A. The following public improvements and facilities are to be constructed and
completed in accordance with the approved plans and specifications as
described in Attachment “B”:
1) Streets
2) Drainage and Storm Sewer
3) Sewer
4) Water Distribution System
5) Landscaping
6) Subdivision Wall
7) Signs
8) Driveways and Walkways
9) Lights
10) Common Area
B. Other.
1. Bench marks to be located as shown on the approved plans.
2. Upon completion, three (3) sets of as-builts/record drawings and one (1)
set of reproducible (Mylar) drawings shall be submitted to the TOWN
within two (2) months following the acceptance of the public
improvements and facilities.
3. Testing
The Developer shall provide all geotechnical and materials tests required
by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost
in accordance with Section 7.03 of Article 7, Chapter 12 of the Town’s
Code of Ordinances. Such tests shall be conducted by an independent
laboratory acceptable to the Town.
4. Permits
The DEVELOPER will pay a Community Facilities inspection fee in the
amount of $20,190.92 (5% of $403,818.30) to cover the cost of TOWN
59
inspection fees as related to the construction of the Project. The
Developers may be obligated to pay other TOWN fees as set forth in the
TOWN’S Schedule of Fees, as may be amended from time to time. The
DEVELOPER will be responsible for obtaining any other permits which
may be required by other federal, state or local authorities.
5. Planned Development District No. 27.
Developer shall construct and maintain all improvements in accordance
with the TOWN approved Planned Development District No. 27 and all
TOWN approved amendments thereto.
III. GENERAL PROVISIONS
A. The DEVELOPER agrees to furnish and maintain at all times prior to the
TOWN’S final acceptance of the public improvements and community
facilities for the Project, an owners protective liability insurance policy naming
the TOWN as insured for property damage and bodily injury in the amounts.
Coverage shall be on an “occurrence” basis and shall be issued with a
combined bodily injury and property damage minimum limit of $600,000 per
occurrence and $1,000,000 aggregate.
B. Exclusive venue of any action brought hereunder shall be in Denton, Denton
County, Texas.
C. Approval by the TOWN Engineer of any plans, designs or specifications
submitted by the DEVELOPER pursuant to this AGREEMENT shall not
constitute or be deemed to be a release of the responsibility and liability of
the DEVELOPER, his engineer, employees, officers or agents with respect
to the construction of any of the PROJECT’S improvements or facilities, or
for the accuracy and competency of the PROJECT’S improvements and
facilities design and specifications prepared by the DEVELOPER'S
consulting engineer, his officers, agents, servants or employees, it being the
intent of the parties that the approval by the TOWN Engineer signifies the
TOWN'S approval on only the general design concept of the improvements
and facilities to be constructed. The DEVELOPER shall release, indemnify,
defend and hold harmless the TOWN, its officers, agents, servants and
employees, from any demands, actions, causes of action, obligations, loss,
damage, liability or expense, including attorneys fees and expenses, on
account of or with respect to damage to property and injuries, including
death, to any and all persons which may arise out of or result from any
defect, deficiency or negligence in the construction of the PROJECT’S public
improvements and facilities or with respect to the DEVELOPER'S Engineer’s
designs and specifications incorporated into any improvements and facilities
constructed in accordance therewith, and the DEVELOPER shall defend at
his own expense any suits or other proceedings brought against the TOWN,
60
its officers, agents, servants or employees, or any of them, on account
thereof, and pay all expenses and satisfy all judgments which may be
incurred or rendered against them or any of them in connection herewith. All
responsibility and liability for drainage to adjacent and downstream
properties from development of this PROJECT will accrue to the
DEVELOPER.
D. Liability for construction. The DEVELOPER, its successors, permittees,
permitted assigns, vendors, grantees and/or trustees do hereby fully release
and agree to indemnify, hold harmless and defend the TOWN, its officers,
agents, servants and employees from all losses, damage liabilities, claims,
obligations, penalties, charges, costs or expenses of any nature whatsoever,
for property damage, personal injury or death, resulting from or in any way
connected with this contract or the construction of the improvements or
facilities or the failure to safeguard construction work, or any other act or
omission of the DEVELOPER or its contractors or subcontractors, their
officers, agents, servants or employees related thereto.
E. Final Acceptance of Infrastructure. The TOWN will not issue a Letter of
Acceptance until all public facilities and improvements are completely
constructed (Final Completion) to the satisfaction of the TOWN Engineer or
his agent. However, upon Substantial Completion, a “punch list” of
outstanding items shall be presented to the Developer’s contractor(s)
indicating those outstanding items and their deficiencies that need to be
addressed for Final Completion of the Improvements.
F. Neither this Agreement nor any part hereof or any interests, rights, or
obligations herein, shall not be assigned by the DEVELOPER without the
express written consent of the TOWN Council.
G. All work performed under this AGREEMENT shall be completed within
eighteen months from the date hereof. In the event the work is not
completed within the eighteen (18) month period, the TOWN may, at its sole
election, draw down or otherwise exercise it rights under or with respect to
any Guarantee provided by the DEVELOPER and complete such work at
DEVELOPER'S expense; provided, however, that if the construction under
this AGREEMENT shall have started within the eighteen (18) month period,
the TOWN may agree to renew the AGREEMENT with such renewed
AGREEMENT to be in writing and in compliance with the TOWN policies in
effect at that time. Notwithstanding the foregoing, in the event that the
performance by either party of any of its’ obligations or undertakings
hereunder shall be interrupted or delayed by any occurrence and not
occasioned by the conduct of either party hereto, whether such occurrence
be an act of God or the common enemy or the result of war, riot, civil
commotion, or sovereign conduct, then upon written notice of such
occurrence, such party shall be excused from performance for a period of
61
time as is reasonably necessary after such occurrence to remedy the effects
thereof, and each party shall bear the cost of any expense it may incur due to
the occurrence.
H. This Subdivider's AGREEMENT shall be construed in accordance with the
Town of Trophy Club, Texas Subdivision Regulations and all other applicable
ordinances. Any conflicts between the provisions of this Subdivider’s
AGREEMENT, the TOWN'S Subdivision Regulations, Town Ordinances, and
State and Federal law, shall be construed in favor of the Town’s ordinance(s)
as allowed by law, subject to Chapter 245 of the Local Government Code.
To the extent that any such conflict exists, only that portion of the
Subdivider’s AGREEMENT which is in conflict shall be severable from the
other provisions of the AGREEMENT, and such conflict shall in no manner
affect the validity or enforceability of the remaining provisions.
I. All rights, remedies and privileges permitted or available to the TOWN under
this AGREEMENT or at law or equity shall be cumulative and not alternative,
and election of any such right, remedy or privilege shall not constitute a
waiver or exclusive election of rights, remedies or privileges with respect to
any other permitted or available right, remedy or privilege. Additionally, one
instance of forbearance by the Town in the enforcement of any such right,
remedy or privilege, shall not constitute a waiver of such right, remedy or
privilege by the Town. A default under this Agreement by the TOWN shall
not result in a forfeiture of any rights, remedies, or privileges under this
Agreement by the TOWN.
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER:
By:
Date:
By:
Project Manager
Date:
TOWN OF TROPHY CLUB:
62
By:
Mayor, Town of Trophy Club
ATTEST:
___________________________
Town Secretary, Town of Trophy Club
Date: ______________________
APPROVED AS TO FORM:
____________________________
Town Attorney, Town of Trophy Club
63
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.B.6
Consent Agenda: Discuss and take appropriate action regarding approval
of the Subdivider's Agreement for an 14.523 acre tract of land known as
The Highlands at Trophy Club Neighborhood 5, Phase 1D-2.
EXPLANATION:
On January 7, 2008, Council granted approval of the Final Plat for The Highlands at Trophy Club,
Neighborhood 5, Phase 1D-2. The Subdivider’s Agreement for this phase is attached for Council’s
approval.
RECOMMENDATION: Approval of the Subdivider’s Agreement for Neighborhood 5, Phase 1D-2.
(ch)
Attachments: Subdivider’s Agreement
64
THE HIGHLANDS AT TROPHY CLUB
NEIGHBORHOOD 5, PHASE 1D-2
SUBDIVIDER'S AGREEMENT
An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred
to as the "TOWN") and BDMR Development, LLC acting by and through its duly
authorized representative (hereinafter referred to as the "DEVELOPER"), for the
installation of public improvements and facilities within the TOWN limits of Trophy Club,
Texas, for Neighborhood 5, Phase 1D-2, more particularly described as a tract of land
consisting of approximately 14.523 acres, hereinafter being referred to collectively as
the "PROJECT," and such public improvements being more particularly described in
Section II of this AGREEMENT. It is understood by and between the parties that this
AGREEMENT is applicable to the lot(s) contained within the Final Plat as presented to
TOWN Staff on March 1, 2007 and to the offsite improvements necessary to support the
PROJECT, more particularly described in Section II of this AGREEMENT. It is further
agreed that this AGREEMENT, when properly signed and executed, shall satisfy the
requirements of the TOWN’S Subdivision Regulations.
I. GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a registered public surveyor licensed to practice in the State of
Texas to prepare a final plat of the PROJECT.
The Project is planned to be platted for Single Family Residential together
with allowed incidental and accessory uses. The Project received
preliminary plat approval from the Town on December 18, 2006, and a one
year extension of the preliminary plat was granted by the Planning & Zoning
Commission on December 6, 2007.
B. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a civil engineer licensed to practice in the State of Texas for the
design and preparation of the plans and specifications for the construction of
all public improvements and facilities described in Section II and covered by
this AGREEMENT. Unless otherwise specified herein, such plans and
specifications shall be in accordance with the TOWN’S "Design Standards
for Paving, Drainage and Utility Improvements" and the North Central Texas
Council of Governments’ (NCTCOG) Standard Specifications for Public
Works Construction, as presently adopted.
C. The DEVELOPER will award its own construction contract for the
construction of all PROJECT street, sanitary sewer, and other drainage
public improvements and facilities for the completion of the Project. The
65
DEVELOPER agrees to employ a construction contractor(s) who is approved
by the TOWN, said contractor(s) to meet TOWN and statutory requirements
for being insured, licensed and bonded to perform work in public rights-of-
way and to be qualified in all respects to bid on public streets and public
projects of a similar nature. The DEVELOPER agrees to submit contract
documents to the TOWN and participate in a pre-construction meeting with
the TOWN and all Developer contractors.
D. Prior to the execution of this Agreement, the commencement of construction,
the filing of the Final Plat, or the issuance of any building permits, the
DEVELOPER shall present to the TOWN a performance bond(s), payment
bond(s) and maintenance bond(s), meeting the requirements of Chapter
2253 of the Texas Government Code. Each bond shall individually
guarantee and agree to pay an amount equal to one hundred percent
(100%) of the value of the construction costs (as determined by the TOWN
Engineer) for all public improvements and facilities to be constructed by or on
behalf of the Developer for the Project. Any surety company through which a
bond is written shall be a surety company duly authorized to do business in
the State of Texas, provided that the TOWN, through the Town Attorney,
shall retain the right to reject any surety company as a surety for any work
under this or any other SUBDIVIDER’S AGREEMENT regardless of such
Company’s authorization to do business in Texas. Approvals by the TOWN
shall not be unreasonably withheld or delayed.
1) As an alternative to providing a surety bond for performance and a surety
bond for maintenance as specified hereinabove, Developer may provide
financial assurances for performance and maintenance in the form of a
cash deposit, a certificate of deposit, or irrevocable letter of credit.
Provided however, that such alternative financial assurances shall only be
allowed if each meets all requirements specified in Section 7.2 of the
Town of Trophy Club Subdivision Regulations. All such alternative
financial assurances must be on forms approved by the Town Attorney.
2) As an alternative to the Developer providing a performance bond,
payment bond, and maintenance bond, as specified above, Developer
may provide financial assurances for performance, payment and
maintenance from a single general contractor for the Project, provided that
such assurances meet all other requirements specified hereinabove and
the Town is named as a dual obligee on each such bond. Additionally,
such alternative financial assurances shall only be allowed if each meets
all requirements specified in Section 7.2 of the Town of Trophy Club
Subdivision Regulations. All such alternative financial assurances must
be on forms approved by the Town Attorney.
E. The performance bond(s) shall be submitted in statutory form guaranteeing
the full and faithful completion of the facilities and improvements required
66
under this Agreement for completion of the PROJECT to the TOWN and
provide for payment to the TOWN of such amounts up to the total remaining
amounts required for the completion of the PROJECT if the work is not
completed as required hereunder.
F. The payment bond(s) shall be submitted in statutory form guaranteeing
payment of all labor and material costs of the Project and shall be furnished
solely for the protection of all claimants supplying labor and material in the
performance of the work provided for under this AGREEMENT. The
maintenance bond(s) shall guarantee the payment of any and all necessary
maintenance of the Project for a period of two (2) years following acceptance
of the public improvements and facilities by the TOWN, in an amount equal
to one hundred (100%) percent of the value of the construction costs of all
the public improvements and facilities to be constructed under this
Agreement in respect to the Project.
G. Any guarantee of performance, maintenance, or payment instrument (e.g.,
performance bond, payment bond, maintenance bond, letters of credit,
and/or cash deposit or the like) (individually a “Guarantee” or collectively the
“Guarantees”) submitted by or through the DEVELOPER on a form other
than the one which has been previously approved by the TOWN as
"acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S
expense, and construction of the Project shall not commence until the Town
Attorney has approved such Guarantees. Approval by the TOWN (and the
Town Attorney) shall not be unreasonably withheld or delayed. All such
Guarantees shall be maintained in full force and effect until such time as the
DEVELOPER has fully complied with the terms and conditions of this
AGREEMENT as agreed to in writing by the TOWN, and failure to keep
same in force and effect shall constitute a breach of this AGREEMENT.
Failure to maintain performance and payment Guarantees meeting the
requirements of this AGREEMENT shall result in a stop work order being
issued by the Town. Additionally, all Guarantees furnished hereunder which
expire prior to the completion of construction or applicable warranty periods
shall be renewed in amounts designated by the TOWN and shall be
delivered to the TOWN and approved by the TOWN on or before the tenth
(10th) banking day before the date of expiration of any then existing
Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN
within the time prescribed herein, such failure shall constitute a breach of this
AGREEMENT and shall be a basis for the TOWN to draw on all or any
portion of any existing Guarantee in addition to any or all other remedies
available to the TOWN. The DEVELOPER further agrees to release and
forever hold the TOWN harmless from any losses, damages and/or
expenses incurred by the DEVELOPER for any delays due to the TOWN'S
review of any Guarantee which is in a form other than one which has been
previously approved by the TOWN. The TOWN requires the DEVELOPER
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to have all Guarantee forms approved prior to the commencement of work
and construction of improvements.
H. It is further agreed and understood by the parties hereto that upon
acceptance thereof by the TOWN of all public improvements and facilities as
described in Section II of this Agreement, title to all such improvements and
facilities shall be vested in the TOWN, and the DEVELOPER hereby
relinquishes any right, title, or interest in and to such improvements and
facilities or any part thereof. It is further understood and agreed that until the
TOWN accepts such improvements and facilities, the TOWN shall have no
liability or responsibility with respect thereto. Acceptance of the
improvements and facilities shall occur at such time as the TOWN, through
its TOWN Engineer, provides the DEVELOPER with a written
acknowledgment that all improvements and facilities are complete, have
been inspected and approved and are being accepted by the TOWN.
I. The DEVELOPER’S Engineer has prepared detailed estimates of
$498,058.30 and the TOWN Engineer has approved an estimate of
$498,058.30 for the cost of public improvements and facilities for this Project.
The detailed cost estimates are a part of this AGREEMENT and are attached
hereto as "Attachment A" and incorporated herein. The TOWN shall not
accept any construction improvements outside of the Project and the two (2)
year warranty for such improvements shall not commence until all
construction activities are completed and accepted by the TOWN.
J. Upon TOWN’S approval and acceptance of the final plat and the engineering
plans, the final plat will be recorded with the County Clerk of Denton County.
No building permits will be issued in for any lots on/in the Project until the
final plat is filed and the public improvements and facilities specified herein
are completed and accepted by the TOWN.
K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major
subcontractors) and TOWN, as well as any other third party deemed
necessary by the Town, shall participate in a pre-construction conference
prior to the initiation of any work. At or prior to the pre-construction meeting,
Developer shall provide the TOWN with the following documents: 1) Two (2)
copies of all executed construction contracts; 2) List of all
contractors/subcontractors and their project assignments; 3) Five (5) sets
(and additional sets as necessary for any contractors) of approved
construction plans and specifications. This list of contractors/subcontractors
shall be updated within seven days of any changes. The DEVELOPER
agrees to give the TOWN at least twenty-four (24) hours prior written notice
of his/her intent to commence construction of all public improvements and
facilities, so that the TOWN, if it so desires, may have its representatives
available to inspect the beginning and continuing progress of all work.
Developer shall submit all documentation evidencing that each of the
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Guarantees required under this Agreement have been provided and all
required insurance has been obtained prior to the pre-construction meeting.
L. The DEVELOPER agrees to notify all contractors and subcontractors
working on the PROJECT that all their work is subject to inspection by a
TOWN Inspector at any time, and that such inspection may require a
certification by the contractors and subcontractors of the type, kind, and
quality of materials used on the PROJECT.
M. Should any work or construction of improvements or facilities on the
PROJECT which has not been contemplated in the current construction
documents (plans and specifications), the plat, or this AGREEMENT,
become necessary due to site conditions, then the DEVELOPER shall be
required to contact in writing (with a copy to the TOWN of Trophy Club), with
the TOWN Engineer to determine how such work or construction should
progress. The DEVELOPER further agrees to follow all reasonable
recommendations and requirements imposed by the TOWN Engineer in such
instance. (Addresses for points of contact are as follows:)
Town of Trophy Club Teague, Nall & Perkins
Mr. Brandon Emmons, Town
Manager
Mr. Tom Rutledge, Town Engineer
100 Municipal Drive 1100 Macon Street
Trophy Club, Texas 76262 Fort Worth, Texas 76102
Phone: 682/831-4600 Phone: 817.336.5773
Fax: 817.490.0705 Fax: 817.336.2813
Email:
bemmons@ci.trophyclub.tx.us
Email: trutledge@tnp-online.com
N. The DEVELOPER agrees to cause all work and construction of
improvements and facilities to be stopped upon twenty-four (24) hour
notification from the TOWN Engineer of nonconforming improvements,
including the materials used and the methods of installation. The
DEVELOPER further agrees to correct all nonconformities in accordance
with the TOWN Engineer’s instructions.
O. The DEVELOPER is encouraged not to convey title of any lots of the
PROJECT, until all construction in respect to the PROJECT required in
Section II is complete and the TOWN has approved and accepted the work
and improvements in respect thereof. The DEVELOPER understands that
the TOWN will issue no building permits for improvements on any lot in the
Project until all public improvements and facilities in respect to the Project
are completed in accordance with this Agreement. Further, DEVELOPER
agrees to inform all persons or entities purchasing the lots or any interest in
the lots that TOWN will not issue any building permits until all public
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improvements and facilities are completed in accordance with this
Agreement.
P. After completion and prior to acceptance of all work, the DEVELOPER must
furnish to the TOWN an affidavit of all bills paid.
Q. Developer is responsible for maintenance of all common areas.
II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED
A. The following public improvements and facilities are to be constructed and
completed in accordance with the approved plans and specifications as
described in Attachment “B”:
1) Streets
2) Drainage and Storm Sewer
3) Sewer
4) Water Distribution System
5) Landscaping
6) Subdivision Wall
7) Signs
8) Driveways and Walkways
9) Lights
10) Common Area
B. Other.
1. Bench marks to be located as shown on the approved plans.
2. Upon completion, three (3) sets of as-builts/record drawings and one (1)
set of reproducible (Mylar) drawings shall be submitted to the TOWN
within two (2) months following the acceptance of the public
improvements and facilities.
3. Testing
The Developer shall provide all geotechnical and materials tests required
by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost
in accordance with Section 7.03 of Article 7, Chapter 12 of the Town’s
Code of Ordinances. Such tests shall be conducted by an independent
laboratory acceptable to the Town.
4. Permits
The DEVELOPER will pay a Community Facilities inspection fee in the
amount of $24,902.92 (5% of $498,058.30) to cover the cost of TOWN
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inspection fees as related to the construction of the Project. The
Developers may be obligated to pay other TOWN fees as set forth in the
TOWN’S Schedule of Fees, as may be amended from time to time. The
DEVELOPER will be responsible for obtaining any other permits which
may be required by other federal, state or local authorities.
5. Planned Development District No. 27.
Developer shall construct and maintain all improvements in accordance
with the TOWN approved Planned Development District No. 27 and all
TOWN approved amendments thereto.
III. GENERAL PROVISIONS
A. The DEVELOPER agrees to furnish and maintain at all times prior to the
TOWN’S final acceptance of the public improvements and community
facilities for the Project, an owners protective liability insurance policy naming
the TOWN as insured for property damage and bodily injury in the amounts.
Coverage shall be on an “occurrence” basis and shall be issued with a
combined bodily injury and property damage minimum limit of $600,000 per
occurrence and $1,000,000 aggregate.
B. Exclusive venue of any action brought hereunder shall be in Denton, Denton
County, Texas.
C. Approval by the TOWN Engineer of any plans, designs or specifications
submitted by the DEVELOPER pursuant to this AGREEMENT shall not
constitute or be deemed to be a release of the responsibility and liability of
the DEVELOPER, his engineer, employees, officers or agents with respect
to the construction of any of the PROJECT’S improvements or facilities, or
for the accuracy and competency of the PROJECT’S improvements and
facilities design and specifications prepared by the DEVELOPER'S
consulting engineer, his officers, agents, servants or employees, it being the
intent of the parties that the approval by the TOWN Engineer signifies the
TOWN'S approval on only the general design concept of the improvements
and facilities to be constructed. The DEVELOPER shall release, indemnify,
defend and hold harmless the TOWN, its officers, agents, servants and
employees, from any demands, actions, causes of action, obligations, loss,
damage, liability or expense, including attorneys fees and expenses, on
account of or with respect to damage to property and injuries, including
death, to any and all persons which may arise out of or result from any
defect, deficiency or negligence in the construction of the PROJECT’S public
improvements and facilities or with respect to the DEVELOPER'S Engineer’s
designs and specifications incorporated into any improvements and facilities
constructed in accordance therewith, and the DEVELOPER shall defend at
his own expense any suits or other proceedings brought against the TOWN,
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its officers, agents, servants or employees, or any of them, on account
thereof, and pay all expenses and satisfy all judgments which may be
incurred or rendered against them or any of them in connection herewith. All
responsibility and liability for drainage to adjacent and downstream
properties from development of this PROJECT will accrue to the
DEVELOPER.
D. Liability for construction. The DEVELOPER, its successors, permittees,
permitted assigns, vendors, grantees and/or trustees do hereby fully release
and agree to indemnify, hold harmless and defend the TOWN, its officers,
agents, servants and employees from all losses, damage liabilities, claims,
obligations, penalties, charges, costs or expenses of any nature whatsoever,
for property damage, personal injury or death, resulting from or in any way
connected with this contract or the construction of the improvements or
facilities or the failure to safeguard construction work, or any other act or
omission of the DEVELOPER or its contractors or subcontractors, their
officers, agents, servants or employees related thereto.
E. Final Acceptance of Infrastructure. The TOWN will not issue a Letter of
Acceptance until all public facilities and improvements are completely
constructed (Final Completion) to the satisfaction of the TOWN Engineer or
his agent. However, upon Substantial Completion, a “punch list” of
outstanding items shall be presented to the Developer’s contractor(s)
indicating those outstanding items and their deficiencies that need to be
addressed for Final Completion of the Improvements.
F. Neither this Agreement nor any part hereof or any interests, rights, or
obligations herein, shall not be assigned by the DEVELOPER without the
express written consent of the TOWN Council.
G. All work performed under this AGREEMENT shall be completed within
eighteen months from the date hereof. In the event the work is not
completed within the eighteen (18) month period, the TOWN may, at its sole
election, draw down or otherwise exercise it rights under or with respect to
any Guarantee provided by the DEVELOPER and complete such work at
DEVELOPER'S expense; provided, however, that if the construction under
this AGREEMENT shall have started within the eighteen (18) month period,
the TOWN may agree to renew the AGREEMENT with such renewed
AGREEMENT to be in writing and in compliance with the TOWN policies in
effect at that time. Notwithstanding the foregoing, in the event that the
performance by either party of any of its’ obligations or undertakings
hereunder shall be interrupted or delayed by any occurrence and not
occasioned by the conduct of either party hereto, whether such occurrence
be an act of God or the common enemy or the result of war, riot, civil
commotion, or sovereign conduct, then upon written notice of such
occurrence, such party shall be excused from performance for a period of
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time as is reasonably necessary after such occurrence to remedy the effects
thereof, and each party shall bear the cost of any expense it may incur due to
the occurrence.
H. This Subdivider's AGREEMENT shall be construed in accordance with the
Town of Trophy Club, Texas Subdivision Regulations and all other applicable
ordinances. Any conflicts between the provisions of this Subdivider’s
AGREEMENT, the TOWN'S Subdivision Regulations, Town Ordinances, and
State and Federal law, shall be construed in favor of the Town’s ordinance(s)
as allowed by law, subject to Chapter 245 of the Local Government Code.
To the extent that any such conflict exists, only that portion of the
Subdivider’s AGREEMENT which is in conflict shall be severable from the
other provisions of the AGREEMENT, and such conflict shall in no manner
affect the validity or enforceability of the remaining provisions.
I. All rights, remedies and privileges permitted or available to the TOWN under
this AGREEMENT or at law or equity shall be cumulative and not alternative,
and election of any such right, remedy or privilege shall not constitute a
waiver or exclusive election of rights, remedies or privileges with respect to
any other permitted or available right, remedy or privilege. Additionally, one
instance of forbearance by the Town in the enforcement of any such right,
remedy or privilege, shall not constitute a waiver of such right, remedy or
privilege by the Town. A default under this Agreement by the TOWN shall
not result in a forfeiture of any rights, remedies, or privileges under this
Agreement by the TOWN.
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER:
By:
Date:
By:
Project Manager
Date:
TOWN OF TROPHY CLUB:
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By:
Mayor, Town of Trophy Club
ATTEST:
___________________________
Town Secretary, Town of Trophy Club
Date: ______________________
APPROVED AS TO FORM:
____________________________
Town Attorney, Town of Trophy Club
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.B.7
Consent Agenda: Discuss and take appropriate action to approve
financials and variance report dated:
a. November 2007
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(smd)
Attachments: 1. None
75
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.B.8
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, October 1, 2007.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated, October 1, 2007
76
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, October 1, 2007
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, October 1,
2007. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Susan Edstrom Mayor Pro Tem
Pam Cates Council Member
Jim Moss Council Member
Philip Sterling Council Member
Kathleen Wilson Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Danny Thomas Fire Chief
Mike Pastor IS Director
Adam Adams Parks and Recreation Director
Carolyn Huggins Planning Coordinator
Scott Kniffen Police Chief
A.1 Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present.
A.2 Invocation given by Pastor Joel Quile from the Lake Cities Church of Christ.
A.3 Mayor Sanders led the Pledges.
A.4 Discuss and take appropriate action regarding a Proclamation recognizing Oct 15 - 19th, 2007 as
"Texas Chamber of Commerce Week."
Northwest Metroport President, Sally Michalak and Sunny Meeks, Director of Events and Programs were
in attendance.
Mayor Pro Tem Edstrom read the Proclamation.
Motion made by Moss, seconded by Cates to approve the Proclamation.
Motion passed unanimously.
A.5 Citizen presentations:
Robert Hoch, 245 Oakhill Drive – Addressed the Council regarding the slow progress of the road repair
and construction.
TOWN COUNCIL CONVENED INTO PUBLIC HEARING
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PUBLIC HEARING
C.1 Public Hearing to receive staff comments and public input relative to an Amendment to Ordinance
No. 1999-17 P&Z, Trophy Club Plaza, Planned Development No. 21 to allow a fitness/workout
facility to be added to the permitted uses for this shopping center and to allow 24-hour operation
for this business. Applicant: Regency Centers, L.P. (PD AMD-07-024)
Public Hearing Opened at 7:09 p.m.
Applicant, Matt Booth thanked the Council for considering the request and said the zoning request is an
amendment to allow a 24 hours fitness center. All clubs operate 24 hours and a large percentage of their
clients work out between 11 p.m. and 6:00 a.m.
No one addressed council.
Public Hearing Closed at 7:13 p.m.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION
*REGULAR SESSION
D.1 Discuss and take appropriate action regarding an Ordinance amending Ordinance No. 1999-17
P&Z, Trophy Club Plaza, Planned Development No. 21 to allow a fitness/workout facility to be
added to the permitted uses for this shopping center and to allow 24-hour operation for this
business. Applicant: Regency Centers, L.P. (PD AMD-07-024)
Mayor Sanders introduced Vincent LaPeitra, owner of Snap Fitness who said all members will have
access and only children 16 or older may have their own card. The average membership is between 200
- 400 members and no more than 10 members are in the club at one time. LaPeitra addressed the letters
in opposition and said he is looking at a site in Grapevine; however Trophy Club is attractive and
accessible.
Motion made by Moss, seconded by Cates to approve.
Planning and Zoning Chairman, Gene Hill advised the Planning and Zoning Commission recommended
favorable approval, voting 6-0, on September 20, 2007, for the Town Council to approve a fitness/workout
facility use be added to the permitted uses for PD-21 Trophy Club Plaza, and to allow 24-hour use for this
tenant. The motion was made with a stipulation that a Knox Box be installed for this facility for fire and
police access, but subsequent to the Planning & Zoning Commission meeting, Fire Chief Thomas
confirmed that a Knox Box already exists for that building.
Mayor Pro Tem Edstrom clarified that the Commission took parking restrictions into consideration.
Motion passed unanimously without further discussion.
D.2 Discuss and take appropriate action relative to future use, funding options, operation of, and
repairs to Beck Park.
Mayor Sanders noted the Trophy Club Roanoke Baseball Association had an event which would delay
their representation. Noting no objection, this Item was moved to later in the meeting.
Town Manager Emmons stated a meeting is scheduled with Carter - Burgess in order to move forward
and would take 60 to 90 days to consider with construction estimated to begin in 30 to 45 days.
Darren Klauser, 15 Winsted Court – Provided sports statistics and presented data based on assumptions.
The Sports Association recommends that Beck Park, Field 4 be rebuilt, estimating completion by 2009
and for the Sports Association to locate a temporary site.
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Mayor Sanders said the lease agreement has an out clause and suggested moving forward with a 100
year flood plan and public domain.
Mayor Pro Tem Edstrom agrees that it is necessary to move forward and also determine if the Town
should go out for bid.
Council directed Staff to pursue a lease agreement, define the bid process, and draft the bid in order to
move forward. Council would like to understand the real offer from Beck and would like to see it in
writing. Staff was asked to report back in two weeks with a timeline provided by the Sports Association.
D.3 Discuss and provide direction relative to the Temporary Use Community Garage Sale Permit
which was granted by the Town Council by Special Privilege on February 5, 2007. (Applicant:
Trophy Club Women's Club)
Town Manager Emmons said the special use permit has been granted and safety issues have been
raised due to the street construction. Assistant Town Manager Seidel met with Betsy Watson to discuss
the possibility of relocating the sale to a separate site. Of the four property owners contacted, one
declined for insurance reasons, one has no problem with the sale occurring on their property, and two
have yet to respond. Centurion American agreed to allow community events on their property across
from Medlin School.
Lake Cities Pastor, Joel Quile volunteered the church as well.
Mayor Sander complimented Town Manager Emmons for coming up with options and solutions.
No action, direction only.
D.4 Discuss and provide input regarding the following documents and matters related to the Trophy
Club Public Improvement District No. 1 (The Highlands at Trophy Club) for infrastructure and
related improvements:
A. Service and Assessment Plan for authorized public improvements
B. Discussion of Parkland improvements for the PID and related Town parkland improvements.
C. Acquisition, Funding, and Construction Agreement
D. Indenture of Trust for the proposed bond issuance to finance public improvements.
E. Preliminary Limited Offering Memorandum
Mayor Sanders advised all representatives were present at the last meeting. Council did not have any
questions.
No action taken.
D.5 Discuss and take appropriate action relative to a third party review of recent incidents surrounding
the mayoral move, town manager conduct and resulting work environment.
Mayor Sanders acknowledged Council member Wilson’s request for this Item to be at the beginning of
the Agenda, however, due to out of town guests, the Item was numbered as such.
Both Mayor Sanders and Town Manager Emmons read statements pertaining to the move.
Motion made by Wilson; seconded by Cates to approve a third party review of recent incidents
surrounding the mayoral move, town manager conduct and resulting work environment.
Council member Wilson feels the perception of the Town’s government and work environment has been
damaged as a result of this story being in the papers, and believes there are conduct issues that need to
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be addressed. Wilson would like the following questions answered; was their wrong doing in contacting
town employees for personal assistance in a residential move, was it merely an appearance or wrong
doing or something that should not happen again? Were there inappropriate displays of conduct the day
of the move and should those displays be appropriately dealt with? Is there enough comfortable air for
some employees within our Town office as a result at the request, refusal and questions thereafter?
Mayor Sanders explained that he asked Town Attorney Adams to work with Council member Wilson in
reference to the language of this posting as it relates to personnel issues. Town Attorney Adams
questioned if Council wanted an investigation and if so, asked them to define the scope or areas to be
explored. Adams explained the posting does not encompass personnel issues.
Council member Cates said the events around the move are not significant and do not merit a review,
however the concerns mentioned in the press and the events that followed do.
Council member Moss agreed with Cates and feels that allegations he has heard since deserve to be
investigated.
Mayor Pro Tem Edstrom said this will forever change how things are viewed and how a community
should pull together in need. Edstrom questioned who first requested an Open Records Request.
Edstrom said based on her discussions with Town Manager Emmons, Fire Chief Thomas and Town
Secretary Lisa Ramsey, all said they would handle the situation differently. Edstrom feels a review would
be disruptive and asked Council to move forward.
Council member Wilson quoted section 3.19 of the Town Charter, saying if any one person is made to
feel uncomfortable Council has the right to investigate.
Assistant Town Manager Seidel read the following letters into the record:
Mike and Lora Zuber, 2 Palmetto Court, Against the Investigation
Andy Bell, 4 Michelle Court, Against the Investigation
Tricia & Uwe Neitzel, 10 Jennifer Court, Against the Investigation
The following addressed the Council:
George Roberson, 306 Skyline Drive - For the Investigation
Larry Crosser, 17 Overhill - Against the Investigation
Davis Palmer, 9 Panorama Trail - Against the Investigation
Steven Kohs, 18 Overhill Drive - Against the Investigation
Barbara Kadow, 322 Village Trail - For the Investigation
David Glaser, 15 Overhill - Against the Investigation
Matthew Graham, 11 Durango - For the Investigation
Richard Swetnam, 5 Palmetto, N/A
Doug Wilson, 34 Meadowbrook Lane - For the Investigation
Roger Williams, 215 Phoenix Drive - Against the Investigation
Joel Quile, 200 Durango Drive - Against the Investigation
Bob Radder, 1 Lee Court – Against the Investigation
Motion to amend made by Edstrom; seconded by Cates to include a review of policy and procedure and
compliance to those, not greater than 10 hours of contract service.
Council member Cates feels 10 hours is not enough time and suggested 24 hours. Cates also requested
a specialist in personnel law conduct the review.
Council member Sterling spoke against the amendment and said this Council was elected to make
decisions. Sterling does not believe there is a need for outside arbitrator, the Council spent months
looking at policies and procedures and therefore a review should be conducted in-house. Sterling feels
this is a smokescreen and Council should just say what they want investigated.
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Council member Wilson understands there will be a cost incurred and feels the review will help insulate
the Town from other substantial liabilities. Wilson said a third party must be involved based on the
conflict of interests of the Human Resources Manager and Town Manager who govern the grievance
section of policy.
Mayor Sanders asked the Council for guidelines; who and how the investigator should be selected and
the total amount they want to spend.
Council member Moss believes the mayoral move has nothing to do with this and is concerned about the
effect this has had on staff, and the creation of a hostile work environment. Mayor Sanders spoke to the
Charter and the Town Manager’s Powers and Duties as Chief Administrative Officer and head of the
administrative branch of the Town.
Town Attorney Adams explained the Council-Manager form of Government, advising it is not appropriate
for the Council to investigate personnel matters. Adams feels it is prudent for Council to consider an
employment law specialist.
The amendment to approve a review of policy and procedure and compliance to those, allocating not
greater than 10 hours of outside contract service, failed 1:4, with Moss, Cates, Sterling and Wilson
opposing.
The main motion to approve a third party review of recent incidents surrounding the mayoral move, town
manager conduct and resulting work environment was amended by Sterling; seconded by Moss to strike
the mayoral move.
Sterling still feels this is a smoke screen and feels this is a waste of money.
Amendment passed 4:0:1, with Wilson abstaining.
Council member Cates questioned how many hours it would take for a minimal review and asked for a
cost estimate of the review. Town Attorney Adams said she received one estimate of $250.00 per hour
and at least two-weeks review time. Adams said without the scope it is hard to determine.
Council discussed the possibility of Town Attorney Adams conducting the review. Mayor Sanders feels
there is a conflict for Town Attorney Adams since she represents the Council. Town Attorney Adams said
it is a difficult position; as an attorney she could conduct the interviews, however the realities are since
she is in the office, she does not know the degree to which she could get information and if the
employees would feel comfortable being candid and she does not want to damage relationships so it
does put her in a real difficult position. Adams said she could do fact finding, she is not a personnel
lawyer, she certainly handles employment issues for the Town as they come up, however if there are
significant issues, she will either refer them to outside counsel or call upon colleagues for their free legal
advice. Adams said she could do it, it would fall under other duties as assigned, and she does not really
want to do it, but will if Council directs her to.
Council member Wilson said she included the phraseology of the mayoral move one or two places for
history of what she would like to have addressed prior to the third party. Wilson stated, if as alleged, this
is all due to her being a pot-stirrer or her not understanding what our town wants then when that
independent third party comes in and asks the pertinent questions, if that is the case, she expects it
would be done in three hours, four hours, five hours, but three days? If that is the general consensus,
she does not understand why there is such pushback on asking a simple question.
Vote on main motion as amended to approve a third party review of incidents surrounding the mayoral
move, town manager conduct and resulting work environment passed 3:2, with Edstrom and Sterling
voting against.
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Council member Wilson requested to confer with legal Council in Executive Session in order to define the
scope. Mayor Sanders explained that Council needs to define the scope and whether certain employees
are included in the investigation.
Motion made by Council member Wilson to convene into Executive Session. Town Attorney Adams
advised that her counsel would be based on legal advice only. Motion died for a lack of a second.
Motion made by Edstrom; seconded by Moss to have the Town Attorney contact and engage a third party
in accordance to purchasing policies, to review policies and procedures based on facts that she is aware
of and compliance of those polices and procedures, time allocation not to exceed 10 hours.
Motion passed 3:2, with Edstrom and Sterling voting against.
Mayor Sanders expressed that he believes the Council has usurped the Town Manager’s authority.
A five-minute break was called.
D.6 Discuss and take appropriate action to nominate up to five people to be considered for the
Denton County Appraisal District Board of Directors.
Pearl Ford, 2 Spring Creek Court - Expressed her desire to serve on the Board of Directors again and
welcomed the nomination.
Motion made by Edstrom, seconded by Moss to nominate Pearl Ford.
Motion passed unanimously without further discussion.
D.7 Discuss and take appropriate action relative to the Town of Trophy Club's vehicle usage and ride
along policies.
Town Manager Emmons explained his administrative directive based on TML’s coverage and the policies
of surrounding cities surveyed. The question came down to who actually has authority to ride in a vehicle
and who has that authority to make that call.
Council member Moss asked for clarification of who is authorized and who is not authorized to ride in a
city vehicle. Town Manager Emmons said the Town’s insurance covers Town Officials when conducting
Town business.
Council member Wilson understands the covered party is an elected or appointed official acting within the
scope as such.
Mayor Pro Tem Edstrom said action is not necessary as the Town Manager directs the staff. Requests of
this nature should go through him. Council member Sterling agreed and believes the day to day
operations should be preformed and conducted by Town Manager Emmons.
Council member Wilson asked for guideline of the process and how requests should be made. Town
Manager Emmons will make suggestions to Council on how they should submit a request.
Barbara Kadow, 322 Village Trail – Asked Town Manager Emmons why she was not allowed to ride
along with Code Enforcement. Town Manager Emmons and Police Chief Kniffen explained how to
submit a ride along request.
D.8 Items for Future Agenda.
Mayor Sanders added an item to discuss and take appropriate action to consider a contract for the Town
Secretary’s position.
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D.9 Reports.
(a) Town Manager Emmons gave his report.
(b) Council member Wilson reported on the grant writing seminar she attended.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION
EXECUTIVE SESSION
Mayor Sanders said Town Manager Emmons wished to conduct this item in Open Session.
E.1 Council to convene into executive session for Consultation with the Town Attorney on a matter in
which the duty of the attorney to the governmental body under the Texas disciplinary rules of
professional conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act
(Govt. Code §551.071 [1] & [2]) and pursuant to Government Code §551.074(a) of the Texas
Open Meetings Act, to discuss or deliberate the appointment, employment, evaluation,
reassignment, duties, discipline or dismissal of a public officer or employee:
1. The employment contract between the Town and Town Manager Brandon Emmons, duties,
performance, evaluation, and terms of engagement.
Mayor Sanders handed out commendation letters of Emmons performance. Sanders said both Town
Attorney Adams and HR Manager Ramsey commented that the 360 reviews conducted by Emmons’
direct reports in November 2006 made some on the employees uncomfortable. Mayor Sanders
interviewed Planning and Zoning Coordinator, Carolyn Huggins who said she liked the feedback she
receives from Emmons and his accessibility. Huggins said Emmons treats everyone with a great deal of
respect, she appreciates his open door policy and feels he always has the Town’s best at heart when
dealing with tough decision regarding the policies.
Town Manager Emmons thanked the residents and staff for staying for this item. Emmons asked Council
to consider amending section 5.01 of his contract, deleting ‘within six months’ after the election and to
consider removing section 7, Hours of Work. Emmons feels every evaluation should have praise and
criticism; he feels he is well versed in receiving both and asked Council to base his evaluation on
performance instead of perception. Emmons said his philosophy is to put the appropriate people in a
position and let them do their job.
Mayor Sanders pointed out section 2.01, which reads the contract will automatically be extended one
year if Council does not take action to cancel by December 15, 2007. Sanders handed out the evaluation
forms used for Emmons’ last evaluation and asked Council to advice him of their long-term and short-term
goals.
Mayor Pro Tem Edstrom and Council members Moss, Sterling and Cates do not have a problem with the
contract amendments. Moss does not think section 7 need to be quantified in the contract and suggested
removing completely.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION.
*REGULAR SESSION
E.2 Discuss and take appropriate action relative to the employment contract between the Town and
Town Manager Brandon Emmons, duties, evaluation, performance, and terms of engagement.
Council members Cates and Wilson were uncomfortable answering and commenting on Town Manager
Emmons’ performance due to the outside investigation. Mayor Pro Tem Edstrom said even with the
pending investigation, Council should be able to evaluate Emmons on his quantifiable and short-term
goals. Council member Sterling agreed.
Motion made by Wilson; seconded by Cates to refer evaluation until the first meeting in November.
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Council member Moss said he would not object to a referral.
Motion to refer passed 4:1; with Edstrom opposing.
F.1 Adjourn.
Motion made by Cates, seconded by Moss to adjourn.
Meeting adjourned at 11:00 p.m.
_______________________________ ________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.B.9
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, October 15, 2007.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated, October 15, 2007.
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MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, October 15, 2007
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, October 15,
2007. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Pam Cates Council Member
Jim Moss Council Member
Philip Sterling Council Member
Kathleen Wilson Council Member
TOWN COUNCIL MEMBERS ABSENT:
Susan Edstrom Mayor Pro Tem
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Sakura Moten-Dedrick Finance Director
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Carolyn Huggins Planning Coordinator
A.1 Mayor Sanders called the Regular Session to order at 7:01 p.m. noting a quorum was present.
A.2 Discuss and take appropriate action relative to the ratification of the Engagement Letter with
Thompson and Knight for the review of Town Management and work environment as directed by
the Council with time not to exceed ten hours.
Motion made by Cates; seconded by Wilson to ratify the Engagement Letter.
Motion passed unanimously without any discussion.
A. Discuss and take appropriate action to amend the Engagement Letter with Thompson
and Knight for the review of Town Management and work environment as directed by
Council to extend the review time from ten to fifteen hours to allow completion of the
review.
Mayor Sanders explained how the ten hours were used and allotted for interviews, explaining that
additional interviews were requested therefore the time was extended to fifteen hours.
Motion made by Cates; seconded by Wilson approving the extension of hours.
Motion passed unanimously without any discussion.
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Mayor Sanders read a letter for the record submitted by Dave Dickson - 311 Skyline Drive, Trophy Club,
TX – Requesting the Town Council move on to important issues of the Town.
Larry Crosser - 17 Overhill Drive, Trophy Club, TX – Expressed concern over the Town Attorney’s
involvement in the investigation.
Mayor Sanders said all employees who have requested to be interviewed have been, with Town Manager
Emmons left to be interviewed. Sanders said Attorney Frank Waite will not present his findings in person
but will submit a report at the November 5, 2007 meeting and there is no intent to allow citizens to ask Mr.
Waite questions.
Mayor Sanders stated, “As far as the conflict of interest issue, Patricia Adams’ law license restricts her
from putting herself in a situation where there is a true conflict interest and I realize that there is some
perception of that out there and there was some perception of that by staff. And so, Patricia just soon not
have been in that role but Council gave her that job to do and she pretty well had to execute the job. So I
realize you see that perceived conflict of interest, in one sense you can say perception becomes reality,
everyone’s perception becomes maybe their own reality. I’ve talked with Patricia Adams about the
potential conflict, she is well aware of the perception; she assures me that her law license would be in
jeopardy if she did that kind of thing and she is not going to put her license in jeopardy and so, I want you
to understand that she is not trying to do that. So those were some of the questions that I wrote down
that I have tried to at least answer. At this time I will go to Council to see if they would like to make any
statement or debate the issue.”
Council member Moss questioned the $5,000.00. Mayor Sanders answered that the amount budgeted in
legal for outside services, for this fiscal year is $15,000.00. It is not uncommon for the Town to use
outside services for matters that we maybe do not have the expertise in or the time to deal with and
where the 15 hours will come from.
Council member Sterling asked how many hours have been expended to date. Mayor Sanders said
Waite felt he could finish his interviews on Friday with Mayor Pro Tem Edstrom and one staff member and
finish his report in the 15 hours and has no authorization to go over the 15 hours.
Mayor Sanders said this was a very difficult decision for him, he recognized a lot of citizens, not only at
the last meeting but who have emailed or called him since, did not want Council to spend the money but
he felt like the Town was in a situation where there was staff that wanted to be interviewed, but were not
going to be interviewed unless the amount was changed. Thirty minutes is a very small period of time for
an interview and so right off the bat we were placing limits on staff. When he made the decision, he
recognized that Council wanted to finish the issue, weighed the resident’s concern about spending the
money and the possible morale issues if the investigation did not occur. Monday was a very stressful
time as some staff members were upset that they were not scheduled to be interviewed.
Council member Sterling said this is exactly what he predicted would happen and the Council has put
their back against the wall since there have been no allegations of wrong doing. Sterling is in favor of
extending the hours and feels that now the Council should complete the job.
Motion passed unanimously without further discussion.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION
EXECUTIVE SESSION
Council member Cates requested this be tabled until Mayor Pro Tem Edstrom is present
seconded by Wilson.
Mayor Sanders acknowledged the complaint submitted by Town Secretary, Lisa Ramsey against Town
Attorney Adams. Sanders said based on the sensitive nature of the issues in the complaint, only a
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section of the complaint will be provided to the Council. Sanders introduced Tom Brandon from Whitaker,
Chalk, Swindle & Sawyer, LLP whom he asked to represent the Town during the executive session and
stated he was involved in the review of the personnel policies.
Council member Cates did not feel this item was posted legally to discuss the complaint and does not
want to violate the law.
Council member Wilson questioned the appropriateness and said she contacted Town Attorney Adams to
question the executive session and was informed that it was to discuss the contract.
Motion passed unanimously without further discussion.
A.3 Council to convene into executive session for Consultation with the Town Attorney on a matter in
which the duty of the attorney to the governmental body under the Texas disciplinary rules of
professional conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act
(Govt. Code §551.071 [1] & [2]), to and pursuant to Government Code §551.074(a) of the Texas
Open Meetings Act, to discuss or deliberate the appointment, employment, evaluation,
reassignment, duties, discipline or dismissal of a public officer or employee:
1. The employment contract between the Town and Town Secretary/HR Manager Lisa Ramsey,
duties, performance, evaluation, and terms of engagement.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION
*REGULAR SESSION
Council did not convene into executive session.
A.4 Discuss and take appropriate action relative to Executive Session Item Number A.3.
No action taken.
B.1 Mayor Sanders gave the Invocation.
B.2 Town Manager Emmons led the Pledges.
B.3 Citizen presentations:
Bob Radder, 1 Lee Court – Objected to the Council’s lack of action to evaluate Town Manager’s Emmons
on October 1, 2007.
Barbie Kadow, 322 Village Trail – Feels the timing of Mr. Palmer’s presentation is inappropriate and said
Mayor Sanders should have rescued himself from the last meeting discussing his move.
Roger Williams, 215 Phoenix Drive – Feels this Council has damaged the Town’s reputation in the last
two months. Williams feels the following needs to occur in order to start the healing process; the Council
should ask the Town Attorney to resign due to conflict of interest, Neil Twomey should resign from the
MUD Board and Pauline Twomey from the Parks & Recreation Board.
B.4 Police Chief Scott Kniffen provided an update on impounding cars and referred to the information
provided to Council on April 16, 2007.
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.
Council member Cates asked for Items C.2 and C.3 be removed from the Consent Agenda.
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Motion made by Moss, seconded by Sterling to approve the Consent Agenda, Item C.1.
Motion passed unanimously
C.1 Consent Agenda: Discuss and take appropriate action approving the ratification of the NISD
Subdivider's Agreement.
C.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, August 20,
2007.
Council member Cates asked that the following be inserted at the last of the forth paragraph under A.2,
“PID would reimburse the costs.”
Motion made by Cates to refer to the next meeting for approval with corrections; seconded by Wilson.
Motion to refer passed unanimously without discussion.
C.3 Consent Agenda: Discuss and take appropriate action to approve financials and variance report
dated August 2007.
Motion made by Cates, seconded by Moss to approve.
Motion passed unanimously without any discussion.
End of Consent Agenda
TOWN COUNCIL RECONVENED INTO REGULAR SESSION
*REGULAR SESSION
D.1 Discuss and take appropriate regarding an amendment to the Subdivider's Agreement for the
Highlands - Turnberry, Neighborhood 3 and 4 as requested by Hillwood Development.
Town Manager Emmons introduced Jay Volt from Hillwood Development and explained the request is an
amendment to allow an arrangement for the issuance of building permits for Phase 1B under terms
similar to the arrangement for the issuance of building permits for Phase 1A. The Agreement has been
amended to allow building permits to be issued for 20% of the 178 homes proposed to be constructed in
Phase 1(B) subsequent to the completion of Street Improvements, Drainage and Storm Sewer
Improvements, Sewer, Water Distribution System, and Retaining Walls. This would allow for the issuance
of approximately 36 building permits prior to the completion of all required infrastructure and is the same
as that previously approved by the Council for Phase 1A. Just like Phase 1A, certificates of occupancy
will not be issued for Phase 1B until all items have been completed and finally approved by the Town
Council.
Motion made by Cates, seconded by Moss to approve.
Council member Wilson questioned if either Town Attorney Adams or Town Engineer Tom Rutledge had
any opposition. Town Manager Emmons said he was not aware of any objections. Town Attorney
Adams was not aware of any legal issues. Council member Cates expressed concern for houses going
up prior to any paved roads. Mr. Volt assured only landscape and sidewalks would be incomplete and
the developer agreed to the 20%.
Motion passed unanimously without further discussion.
D.2 Discuss and take appropriate action to appoint a chairman and vice-chairman of the Planning and
Zoning Commission.
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Motion made by Moss, seconded by Wilson to appoint Gene Hill as Chair and James Stephens as Vice-
Chair.
Motion passed unanimously without any discussion.
D.3 Discuss and provide input relative to an amendment to Chapter 5, of the Code of Ordinances of
the Town, entitled "General Land Use", Article IV, entitled "Sign Regulations", in response to
complaints received on the signs at the Value Place hotel.
Town Manager Emmons said two separate issues were addressed by the Planning and Zoning
Commission and deferred to Chairman Gene Hill.
Chairman Hill said the recommendations for Value Place Hotel to the Town Council on October 2, 2006
included sign criteria authorizing four signs. (Exhibits 5.6, page 77 of the packet.) There were to be a
ground or monument sign, wall signs on the front and back of the building and a Programmable Electronic
Display on the south end of the building. On February 26, 2007, the developer’s requested revision to the
signage on the back, or East Side, of the building and was administratively approved, allowing installation
of a second Programmable Electronic Display that is visible to westbound SH 114 traffic. This signage,
as installed, is non-compliant with the Town’s Sign Regulations, Section 4.06, Commercial and
Institutional Signs. Further, under Section 4.10 Meritorious Exceptions and Appeals, a significant
exception to the Sign Ordinance, such as a second Programmable Electronic Display on a premise,
would require submittal of a request for and exception to the Planning and Zoning Commission, a
favorable recommendation from the Planning and Zoning Commission to the Town Council, and final
approval thereof. The Planning and Zoning Commission’s recommendation is for direction to Value Place
Hotel to discontinue use of their non-compliant electronic signage pending final action by the Council.
Council member Wilson asked who administratively approved the requested revision. Town Manager
Emmons responded the previous Planning and Zoning Coordinator, Kerin Fleck, approved the revision
with the notation of additional review by Brandon Emmons. Emmons assured the next time a revision is
requested it will be reviewed closer.
Council member Moss directed Town Manager Emmons to pursue Chairman Hill’s recommendation.
Dave Glaser, 15 Overhill Drive – Suggested the Council establish an Appearance Commission, to work
hand in hand with the Planning and Zoning Commission to review signs, lots and colors.
No action taken, posted for input only.
D.4 Presentation by Davis Palmer regarding Council working relations and working better together
and discussion of same.
Mayor Sanders introduced Davis Palmer and explained his suggestions are not intended to be critical,
only helpful.
Mr. Palmer said the structure of the NISD Board of Trustees and the Town Charter is similar. One
observation Palmer made was the Executive Session posted on the October 1st Agenda to discuss the
employment contract between the Town and Town Manager Brandon Emmons, duties, performance,
evaluation, and terms of engagement was opted for Open Session. Palmer said the purpose of an
executive session is not to hide from the public but rather protect the rights of the people working for you.
It is the Board of Trustees responsibility to hire the right CEO, allow that person to do their job, along with
good polices and a chain of command to use in an effective manner. Palmer hopes that training
opportunities and team building exercises result from this issue and firmly believes in the appropriateness
of funneling employees back through the proper chain of command. Palmer feels the Town has a great
opportunity to take advantage of the tools within the Charter, Policies and Procedures to ensure
protection of the employees and residents.
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Council member Cates said Mr. Palmer has great ideas and would like to see the Town staff implement
his suggestions.
No action taken.
D.5 Discuss and take appropriate action regarding an Ordinance denying the rate increase proposed
by the ATMOS ENERGY Corporation, Mid-Tex Division; Authorizing Participation in a Coalition of
Cities known as ATMOS Texas Municipalities ("ATM"); Authorizing the hiring of Lawyers and
Rate Experts; Requiring the Reimbursement of Municipal Rate Case Expenses: Finding that the
meeting complied with the Open Meetings Act; Making other Findings and Provisions Related to
the Subject; and Declaring an Effective Date.
Town Manager Emmons said Atmos Energy filed a rate filing package on September 20, 2007, to
increase rates by approximately $52 million. According to Atmos, the average residential customer will
see an increase of $1.57 per month while the average small commercial customer will see an increase of
$9.21 per month. Atmos has asked for a profit guarantee mechanism to be implemented which could
push rates even higher for those customers. The Town has 35 days to act. The filing is a little suspect as
we just finished one increase and saw a 90% reduction by denying. Staff recommended approval of the
Resolution denying the rate increase.
Motion made by Cates, seconded by Moss to deny.
Motion passed unanimously without further discussion.
D.6 Discuss and take appropriate action regarding an Ordinance amending the Town's FY 2006-07
Budget.
Town Manager Emmons explained the purpose of amending the budget is to establish accurate
expenses and revenues throughout the year. The auditors look at the year end books and evaluate the
overages. The practice should be not to budget an amount unless absolutely necessary and amend
when necessary. Finance Director, Sakura Dedrick explained the summary page, projected budget and
proposed amendments.
Motion made by Moss, seconded by Cates to approve.
Motion passed unanimously without further discussion.
Mayor Sanders noted the Sports Association was not present due to another event and asked Council to
consider Item D.10.
D.7 Discuss and take appropriate action relative to future use, funding options, operation of, and
repairs to Beck Park.
Town Manager Emmons spoke with Scott Beck who will extend the additional lease. The changes have
been sent and staff hopes to have a signed copy by the end of next week.
Motion made by Cates, seconded by Wilson to approve, using the funds from FEMA to rebuild Beck Park,
Field 4.
Town Manager Emmons clarified Town Engineer Tom Rutledge is working with Parks and Recreation
Director, Adam Adams on the fencing requirements and asked for Council’s direction either to proceed
immediately or wait until the FEMA funding comes in. Emmons informed the Counci that the funds are
tight right now, should they take action to proceed immediately and said EDC 4A is holding off making a
commitment to contribute until the Council makes decision.
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Council member Sterling thinks we need to proceed immediately and go to EDC 4A for help.
Motion amended by Cates, seconded by Sterling approving interim funding from EDC 4A with
reimbursement to the extent the Town receives FEMA funding.
Amended motion passed unanimously.
Mayor Sanders explained this motion, as passed would not hold if EDC 4A refused to help.
Council member Cates questioned a short term loan. Town Manager Emmons said the Town could
secure a short term loan but he could not guarantee a discounted rate.
Main motion to approve funds from FEMA to proceed with the rebuilding of Beck Park, Field 4, with
consideration of interim funding from EDC 4A, with reimbursement to the extent the Town receives FEMA
funding.
Main motion passed unanimously without further discussion.
Mayor Sanders called a five-minute break at 9:55 P.M.
D.8 Discuss and take appropriate action relative to the Interlocal Agreement between the Town and
the Trophy Club MUDs to provide water supply and wastewater treatment and equity services to the
Town
Town Manager Emmons introduced the item explaining the PID will allocate water for potable and for
emergency services; the water tank will not be isolated. Emmons feels the agreement should be left as is
rather than adding language or coming up with a third agreement. Town Attorney Patricia Adams spoke
to the additional changes proposed by the MUDs which are not reflected in the Council packet.
Motion made by Cates, seconded by Wilson to approve.
Motion passed unanimously without further discussion.
D.9 Discuss and take appropriate action relative to the Interlocal Agreement between the Town and
the Trophy Club MUDs to provide water supply and wastewater treatment and operational
services to the Town.
Motion made by Cates, seconded by Sterling to approve.
Town Attorney Adams reported the changes to section 3.1 from the MUDs.
Motion passed unanimously without further discussion.
D.10 Discuss and provide input regarding the following documents and matters related to the Trophy
Club Public Improvement District No. 1 (The Highlands at Trophy Club) for infrastructure and
related improvements:
A. Service and Assessment Plan for authorized public improvements
B. Discussion of Parkland Improvements for the PID and related Town parkland improvements
C. Acquisition, Funding, and Construction Agreement
D. Indenture of Trust for the proposed bond issuance to finance public improvements
E. Preliminary Limited Offering Memorandum
Town Manager Emmons introduced Robert Miklos from Hughes and Luce and Kurt Wilson from
Centurion. Emmons explained that some of the money has been moved out into reimbursements and the
total cost is still estimated at $20,449,965 with the assessment roll attached to it. Emmons said the letter
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by Dan Almon regarding the absorption sales may be useful for these funds to be paid back and to have
an absorption study done. Ben Brooks from Vinson and Elkins does not know how long it takes to
complete an absorption study and the issuance of the bonds is up to the Council.
Council member Cates clarified some of the changes were recommended by the Attorney General. Lila
Marsh, Bond Counsel from Vinson and Elkins explained the changes as per the Attorney General’s
Office.
Motion made by Council member Wilson to require a traffic absorption study.
Town Attorney Adams advised this item is posted for input only.
Lila Marsh sought Council’s direction on the bonds securities. Kirk Wilson asked Council to expedite the
approval of the MUD agreements.
No action taken.
D.11 Discuss and take appropriate action relative to a Resolution accepting a Service and Assessment
Plan for the Town of Trophy Club Public Improvement District No. 1; setting a date for a public
hearing; authorizing the publication of notice; and enacting other provisions relating thereto.
Town Manager Emmons said if approved, Council would need to schedule a special session on October
29, 2007 for the Public Hearing.
Motion made by Moss, seconded by Edstrom to approve the Resolution setting the Public Hearing on
November 5, 2007.
Motion passed unanimously without further discussion.
D.12 Items for Future Agenda.
Council member Cates requested an item on the November 19th,2007 Agenda discussing the
procurement card invoices for last year and Council direction for the new fiscal year and an update on the
police equipment and cars on the November 5th , 2007 Agenda.
D.13 Reports. There will be no action taken regarding any individual project posted under this item and
discussion will be limited. If extensive discussion is required, the item may be placed on a future
agenda.
(a) Town Manager Emmons gave his report.
(b) Report from EDC 4B Liaison, Council member Sterling gave his report.
E.1 Adjourn.
Motion made by Wilson, seconded by Moss to adjourn.
Meeting adjourned at 10:30 p.m.
_________________________________ __________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.C.1
Public Hearing to Consider a Replat for Lots 6R and 7R, Block 1, The Knoll.
Applicant: Harrell Custom Homes, Inc. (RP-07-012)
STAFF COMMENTS: The purpose of this replat is to combine Lots 6R and 7R into one
lot to be known as 6R1 so that the buyer of the existing house (addressed as 12
Hunters Ridge Ln) can expand the house.
Staff has reviewed the request and it appears to be in compliance with the Town’s
standards.
A residential replat requires a public hearing and notification of the homeowners within
the original subdivision. A copy of the notification and the homeowners who received
the notification are included in this packet.
(ch)
Attachments: Application
Notice of Public Hearing
List of Homeowners Receiving Notification
Plat
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.C.2
Public Hearing to Review Value Place Hotel East Elevation Signage.
On October 2, 2006, the Town Council approved Ordinance 2006-39 which amended
Ordinance 2002-41 P&Z, known as PD Planned Development District No. 25, Trophy
Wood Business Center, by adding Sign Criteria for the Value Place Hotel. The sign
criteria included approval for four signs:
1) A monument sign structure on the south side of the hotel along State Highway
114.
2) A wall sign on the south wall of the hotel, facing State Highway 114, with an
Optec LED Electronic Message Center.
3) A wall sign on the west wall of the hotel.
4) A wall sign on the east wall of the hotel.
On February 26, 2007, the owner of the hotel, Quanah Properties, LP requested a
revision to the rear elevation signage (east wall). This change was administratively
approved by Staff.
On June 25, 2007, four sign permits were issued by staff:
1) A monument sign on the south side of the hotel along State Highway 114.
2) A wall sign on the south wall of the hotel, facing State Highway 114, with an
Optec LED Electronic Message Center.
3) A wall sign on the west wall of the hotel.
4) A wall sign on the east wall of the hotel with an Optec LED Electronic Message
Center.
The Town Council requested that the Planning and Zoning Commission review the east
elevation signage and recommend to the Town Council approval or denial.
On January 3, 2008, the Planning and Zoning Commission held a public hearing and
discussion of this matter. By a vote of 4-1, the Commission’s recommendation to the
Town Council is for approval of the Value Place Hotel east elevation sign.
On January 7, 2008, an email commenting on this subject matter was received from
Shirley Forgan, 1 Hanna Ct. A copy is included in this packet.
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Quanah Properties, LP wishes to be a cooperative business entity in the Town of
Trophy Club and offers the following compromise to the Town Council: The east
elevation lighted signage will remain static (no flashing/blinking) with Quanah allowed to
change the message once every 24 hours.
Attachments: Excerpt from the January 3, 2008, Planning & Zoning
Commission Meeting Minutes
Letter – Quanah Properties, LP
Sign Criteria Approved by Town Council on October 2, 2006
Rear Elevation Sign Revision Approved by Staff on February 26, 2007
Sign Permits Issued by Staff on June 25, 2007
Notice of Public Hearing
Email Comments from Shirley Forgan
Ordinance No. 2006-39
Ordinance No. 2008-XX
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January 3, 2008, Planning & Zoning Commission Meeting Minutes
Public Hearing and Discussion/Action
E.1 PUBLIC HEARING TO REVIEW VALUE PLACE HOTEL EAST ELEVATION
SIGNAGE.
Commissioner Reed motioned to open the public hearing. The motion was seconded
by Vice Chairman Stephens and approved by all members present.
Mark Collins, 13 Jamie Ct., thanked the Commissioners for the opportunity to speak to
them and stated that he is glad they are considering the signage that the Value Place
Hotel has. He stated that he moved to Trophy Club about two and a half years ago. He
hired a single person from Ohio, who asked him about buying a home in Trophy Club;
he told her it is a real nice community. She ended up buying a house in Trophy Club
last January and the other day when they were talking about some of the issues going
on with the development plans for the area near Value Place she said that if she had
driven up here and seen Value Place she would not have bought a house in this
community. Mr. Collins stated that the signage they have now looks more like Las
Vegas than what is on the website for the Town, which is a nice residential lake
community. Mr. Collins stated that if there is anything that can be done about this, he
appreciates the Commission’s effort in working in that direction.
There were no others speakers and the Chairman called for a motion to close the public
hearing.
Commissioner Reed made a motion to close the Public Hearing. The motion was
seconded by Vice Chairman Stephens and approved by all members present.
The Chairman moved to Item F.1 for discussion and consideration of this matter.
F.1 DISCUSS AND ACTION ON REVIEW OF VALUE PLACE HOTEL EAST
ELEVATION SIGNAGE.
Chairman Hill stated the following: “Before the Commission further considers the
agenda item before us, I want to provide some basic points of information to guide our
discussion:
• Development of the Value Place Hotel took place under criteria set forth in
Planned Development Ordinance 2006-39, approved by the Town Council
October 2, 2006.
• The property is currently in full compliance with PD 2006-39.
• Copies of the sign criteria that were attached to the original PD Ordinance 2006-
39 were included in the P&Z packet for tonight’s meeting.
• As the Public Hearing agenda item was specific to the Town Council’s request to
review the east elevation signage of the Value Place Hotel, the Commission can
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consider only this sign at this time. No other parts of PD 2006-39 are to be
discussed in this meeting.
The question is, ‘Should the sign be allowed under the present circumstances.’”
Chairman Hill asked the Commissioners for discussion and comment.
Commissioner Reed: “I don’t understand all the fuss about this. We have electronic
signs for the Town. I don’t see anything wrong with an electronic sign for a business
establishment. The two signs they have face Highway 114. The only people who see
them are the people who go up and down the highway. That is exactly the people that
the hotel is trying to get the word to that they have a place for people to stay on a long
term basis. Value Place is a reputable firm. They have hotels like this all around the
country. They serve a very special purpose for people here for conferences; to visit sick
family members in the hospital; instead of going out and paying $100 a night for a hotel
this is a perfect thing for people in that situation. Maybe some of you like to stay in a
$100 hotel all the time, but some people can’t do that. I see nothing wrong with the sign
whatsoever. I see nothing wrong with the hotel. If it were next to somebody’s house
with a flashing sign that flashed in your bedroom, I could understand it, but nobody any
place in town can see it unless they are out on the highway. I strongly recommend; I
am in favor of leaving it just the way it is. They are in full compliance. All of these
things were approved by the Town and I see no reason that we should change it now.”
Vice Chairman Stephens: “Chairman Hill, I think it is a little late to be discussing this.
They met our Town ordinances and they have a right to put signs up and seek
business. I don’t have a problem with it. That’s commercial property. It is one of the 86
uses allowed on that property. They built it according to our Town codes. They signed
it according to our Town ordinances. I don’t have a problem with it at this point, nor did I
have a problem with it when they made application.”
Commissioner Sheridan: “The sign in question does not meet the ordinance so the idea
that it is in complete compliance with the ordinance I don’t think is quite there, because
this sign in question was not part of the original approved signage for this PD. I’ve been
trying to figure out if I would have approved it back then. I think I would have. I don’t
like to think that [that I would have approved it] because I don’t like the sign, but at the
same time I think that I probably would not have objected to it at the time. The fact is,
though, that the sign is not in compliance with the PD. It is an improper sign.”
Commissioner Forest: “I was under the impression that it was approved; that it is in
compliance with the ordinance. In fact, I wondered why it was even brought up because
if it is in compliance how are we going to turn it down or even object to it anyway. If
they met the Town ordinance on it, to me it is not necessary to even bring it up. There
isn’t anything we can do about it anyway. It is not up to us. It is a recommendation to
start with to the Town Council, but if it is in compliance I can’t see that it makes any
difference. If it isn’t in compliance then that is a different issue.”
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Commissioner Sheridan: “That begs the question, is it or isn’t it in compliance with the
ordinance.”
Chairman Hill: “The sign was installed with a sign permit from the Town which was
issued after February 26, 2007, and they installed the sign on the basis of having a
permit from the Town which, in fact, said that it was in compliance. That is where we
stand.”
Chairman Hill asked for further discussion or a motion.
Commissioner Reed made a motion recommending that the Town Council approve the
signs as they exist now. Vice Chairman Stephens seconded the motion.
Ayes: Hill, Stephens, Reed, Forest
Nays: Sheridan
Action: 4-1, Approved
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Town of Trophy Club
Department of Planning & Zoning
100 Municipal Drive
Trophy Club, Texas 76262
TO: Alliance Regional Newspapers /
Classifieds Dept.
DATE: January 4, 2008
FROM Carolyn Huggins PAGES: 1
RUN DATE: 1 Time:
January 11, 2008
SUBJECT: Value Place Hotel Signage
NOTICE OF PUBLIC HEARING
TROPHY CLUB TOWN COUNCIL
Monday, January 21, 2008
A Public Hearing will be held by the Town Council of the Town of Trophy Club in the
Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m.,
Monday, January 21, 2008, to review the east elevation signage of the Value Place
Hotel located at 306 Trophy Branch Dr.
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO 2008-XX
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ORDINANCE NO. 2006-39, WHICH AMENDED ORDINANCE NO. 2002-41 P&Z,
KNOWN AS PD PLANNED DEVELOPMENT DISTRICT NO. 25, TROPHY WOOD
BUSINESS CENTER, EXHIBIT “C”, “DEVELOPMENT STANDARDS”, BY PROVIDING
SIGN CRITERIA, PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”), is authorized and
empowered by law, in accordance with Chapter 212 of the Texas Local Government Code, to regulate
the subdivision of land and property development within the Town;
WHEREAS, on October 2, 2002, the Town adopted Ordinance No. 2006-39, amending
Ordinance No. 2002-41 P&Z, amending Ordinance No. 2000-06 P&Z of the Town, the same being the
Comprehensive Zoning Ordinance, and amending the official zoning map of the Town by changing the
zoning on a certain tract of land described as a 16.0 acre tract of land located generally to the North of
State Highway 114, West of T.W. King Road, and South of Hanna and Jamie Court, from it’s then current
zoning of “CG”, Commercial General, to PD Planned Development No. 25, Trophy Wood Business
Center; and
WHEREAS, the applicant has requested an amendment to PD-25 for the purpose of seeking
approval of the east elevation signage of the hotel located on Tract 5 of this PD Planned Development;
and
WHEREAS, all legal notices, requirements and conditions having been complied with, the case to
rezone the Land came before the Planning and Zoning Commission; and
WHEREAS, after public notices were given in compliance with State law and public hearings
were conducted, and after considering the information submitted at those public hearings and all other
relevant information and materials, the Planning and Zoning Commission of the Town has recommended
to the Town Council the adoption of the amendments to Ordinance No. 2006-39 as set forth in this
Ordinance; and
WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing
was held before Town Council at which the Town Council considered, among other things, the character
of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of
land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives;
and
WHEREAS, the Town Council has determined that there is a necessity and need for the change
in zoning and that the proposed change is consistent with the Comprehensive Land Use Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB:
SECTION 1.
INCORPORATION OF PREMISES
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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
Ordinance No. 2006-39 of the Town of Trophy Club, Texas, the same being PD Planned
Development No. 25, Trophy Wood Business Center, is hereby amended in the following particulars, and
all other articles, chapter, sections, paragraphs, sentence, phrases and words are not amended by are
hereby ratified and affirmed.
F. Sign Criteria. Signage requirements for Tract 5 of this PD Planned Development are set
forth in Exhibit “5.6”, “Sign Criteria”, which is attached and incorporated herein as if
copied in its entirety. In addition, the east elevation signage is a wall sign cabinet
structure with Optec L.E.D. Electronic Message Center, 48 X 96 Pixel Matrix and 25 mm
pitch.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the PD-25
and shall not repeal any of the provisions of such Ordinances except in those instances where provisions
of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances
are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified
or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect.
Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective
date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s)
shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of the
Ordinance, and the Town Council hereby declares it would have passed such remaining 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 Two Thousand Dollars ($2,000.00), and a separate offense shall
be deemed committed upon each day during or on which a violation occurs or continues.
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SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with law, and it
is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 21st day of
January , 2008.
_____________________________
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
__________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
___________________________________
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.D.1
Discuss and take appropriate action relative to a request for Replat of Lots
6R and 7R, Block 1, The Knoll. Applicant: Harrell Custom Homes, Inc. (RP-
07-012)
(ch)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No. D.2
Discuss, review and provide input and direction regarding draft Stormwater
Management Plan.
EXPLANATION:
Staff seeks Council’s input and direction regarding the attached Stormwater
Management Plan. Plan will need to be approved at Council’s next meeting date,
February 4, 2008 for a timely filing date of February 11, 2008.
"SWMP” posted on the Town’s website December 14, 2007 for public review and input.
A Town Hall meeting was held on Tuesday, January 15th, 2008.
RECOMMENDATION:
Review and comment.
ACTION BY COUNCIL:
(mm)
Attachments: 1. Draft Stormwater Management Plan, updated since last
submission.
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TROPHY CLUB DRAFT
STORMWATER MANAGEMENT PLAN
Regulatory Requirements
To the extent allowable under state and local law, a SWMP must be developed
and implemented according to the requirements of Part III of this general permit
(TX R040000), for storm water discharges that reach waters of the United States,
regardless of whether the discharge is conveyed through a separately operated
storm sewer. The SWMP must be developed to reduce the discharge of
pollutants from the MS4 to the maximum extent practicable (MEP), to protect
water quality, and to satisfy the appropriate water quality requirements of the
Clean Water Act and Texas Water Code. Existing programs or best
management practices (BMPs) may be used to fulfill the requirements of this
general permit. The MS4 operator must develop the SWMP to include the six
minimum control measures described in Part III A.1 through 6, and the operator
may develop and include the optional seventh minimum control measure in Part
III.A.7. Small MS4s have five years from the date of issuance of this general
permit to fully implement their SWMP. A discharger’s compliance with its
approved SWMP will be deemed compliance with Part III of this permit.
Where the permittee lacks the authority to develop ordinances or to implement
enforcement actions, the permittee shall exert enforcement authority as required
by this general permit for its facilities, employees, and contractors. For
discharges from third-party actions, the permittee shall perform inspections and
exert enforcement authority to the MEP.
If the permittee does not have enforcement authority and is unable to meet the
goals of this general permit through it s own power, then unless otherwise state
in this general permit, the permittee shall perform the following action in order to
met the goals of the permit:
• Enter into Interlocal agreements with municipalities where the small
MS4 is located. These Interlocal agreements must state the extent
to which the municipality will be responsible for inspections and
enforcement authority in order to meet the conditions of this general
permit; or,
• If the permittee is unable to enter into Interlocal agreements, notify
the TCEQ’s Field Operations Division as needed to report
discharges or incidents that it cannot itself enforce against.
The controls and Best Management Practices (BMPS) include in the
SWMP constitute effluent limitations for the purposes of compliance with
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the requirements of 30 TAC Chapter 319, Subchapter B, related to
Hazardous Metals.
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MCM 1. Public Education and Outreach on Storm Water Impacts
1.1 TPDES Permit Regulatory Texts – Part III.A.1
(a) A public education program must be developed and implemented to distribute educational
materials to the community or conduct equivalent outreach activities that will be used to inform
the public. The MS4 operator may determine the most appropriate sections of the population at
which to direct the program. The MS4 Operator must consider the following groups and the
SWMP shall provide justification for any listed group that is not included in the program:
• Residents
• Visitors
• Public Service Employees
• Businesses
• Commercial and Industrial Facilities
• Construction Site Personnel
The outreach must inform the public about the impacts polluted stormwater run-off can have on
water quality, hazards associated with illegal discharges and improper disposal of waste, and
steps that they can take to reduce pollutants in stormwater run-off.
(b) The MS4 operator must document activities conducted and materials used to fulfill this control
measure. Documentation shall be detailed enough to demonstrate the amount of resources used
to address each group. This documentation shall be retained in the annual reports required in
Part IV.B.2 of the TPDES General Permit.
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1.2 Current Programs
Trophy Club currently provides public education and outreach via the following:
• Post stormwater information on Town website: www.ci.trophyclub.tx.us
• Municipal Cable Television Channel 27 – air stormwater-related videos and
messages
• Publish periodic stormwater-related informational articles in Town-produced
newsletter Around The Town - which is published monthly within the “Trophy Club
Times” newspaper
• Distribute educational materials at semi-annual household hazardous waste
collection events
• Stormwater and/or water conservation messages/information distributed to all Town
residents as part of the annual Consumer Confidence Report
• Free distribution of SmartScape cd’s
• Stormwater Information and SmartScape cd’s provided to new residents via a
welcome packet
• NCTCOG participation
• Many of Trophy Club’s storm drain inlets have been labeled with plastic markers
obtained through a cooperative purchasing program by participation in NCTCOG’s
Stormwater Management Program
• Participation in City of Fort Worth’s Water Conservation Program
Related Ordinances:
• 2002 - 18 - “Pooper-Scooper” ordinance
• 2003 - 19 - Establish public stormwater drainage utility/adopt municipal drainage
utility system act
• 2003 - 30 - Public Hearing to establish stormwater drainage fees
• 2005- 04 – Stormwater Ordinance regulating Construction Activity and Illicit
Discharges
• 2005-15 – Swimming Pool Ordinance – For pools on or after June 24, 2005,
regulating all backwash or drainage to discharges into the sanitary sewer system
• 2005-18 – FEMA Floodplain Prevention Ordinance
• 2006-06 – Parkland and Open Space
• 2006-17 –Water Conservation Plan
• 2006 - 40 - Tree Preservation and Removal
• 2007-02 – Land-Disturbing Activities
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1.3 Selected BMPs for Public Education and Outreach
1.3.1 BMP1 Stormwater Quality Information Dissemination
The Town of Trophy Club will continue to support and participate in NCTCOG’s Public Education Task
Force. The information and education gathered through such participation will be distributed through the
following mediums: Municipal Cable Channel 27, Around The Town newsletter, Welcome Packets for
New Residents, Town website, at various annual Town-run special events; i.e. Arbor Day, and at the
semi-annual Household Hazardous Waste Recycling events to the following public entities: Residents,
Businesses, Teachers, Students, Builders, Contractors, and Town Employees. (This BMP also serves
under Minimum Control Measure – Public Involvement and Participation.)
Public Education & Outreach – Public Education Task Force
BMP 1 Description BMP 1 Activity Measurable Goal Schedule
1. Join NCTCOG’s Regional SWMP’s
Public Education Task Force (PETF).
Continue
participation in
PETF.
Years
2-5
2. Continue to distribute educational
materials via:
Website, Cable Channel 27, Around
The Town newsletter via Trophy Club
Times, Welcome Packets, annual mail-
out of Consumer Confidence Report;
handouts at semi-annual HHW events
and at Town-sponsored events; i.e.,
Arbor Day.
Document where,
when and to whom
materials were
distributed. Years
2-5
Support and participate in
NCTCOG’s Regional
SWMP’s Public
Education Task Force
(PETF)* to distribute
educational materials,
brochures, videos,
bookmarks, posters, to
address appropriate
groups of the population.
3. By end of Year 5, implementation is complete. Year 5
*The PETF is a dynamic group, so the messages and the means by which we seek to address the appropriate
groups of the population may vary from year-to-year. We therefore request permission to modify our outreach
activities as needed without the submission of a Notice of Change in order to effectively educate the public
about stormwater impacts.
Method of Measurement = Membership in PETF; tracking of distribution of materials.
1.3.1.1 Responsible Department/Person(s: Community Development.
1.3.2 BMP2 Stormwater Webpage
This BMP allows employees, residents, children, teachers, visitors, the general public and construction
site personnel to learn about Stormwater Management online; what it is, what part the Town is playing,
and what they can do to help protect our water from pollutants. These web pages are integrated into the
Town’s existing website as well as having links to additional valuable resources and information. (This
BMP also serves under Minimum Control Measure – Public Involvement / Participation.)
Public Education & Outreach – Stormwater Webpage
BMP 2 BMP 2 Activity Measurable Goal Schedule
Stormwater
WebPages
on Town’s
website
1. Continue to maintain Stormwater WebPages
with information for Employees, Residents,
Visitors, Businesses, and Construction Site
Personnel.
Documentation of
information on
WebPages.
Years 1-5
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2. Continually update Stormwater WebPages as
new information becomes available
Documentation of new
info added to WebPages. Years 2-5
3. By end of Year 5, implementation is complete. Year 5
Method of Measurement = While we do not currently have the capability to track the amount of “hits”
to our WebPages, we can survey the Public, while at various events performing Public Participation,
regarding their awareness of our website and its many benefits, and document those findings.
1.3.2.1 Responsible Department/Person(s): Information Technology and Community
Development.
1.3.3 BMP3 Regional Cooperative Partnership
This BMP will serve as an excellent source of information, opportunities for cooperative purchasing, and
networking with other municipalities to enable Trophy Club to stay on the cutting edge of information,
educational opportunities and training opportunities. (This BMP serves under all six Minimum Control
Measures.)
Public Education & Outreach - Regional Cooperative Partnership
BMP 3 Description
BMP 3 Activity
Measurable Goal
Schedule
1. Provide funding
commitment to NCTCOG.
Maintain funding commitment to
NCTCOG.
2. Continue to attend,
participate, and distribute
information, as acquired.
As applicable, document
number of meetings and/or
activities attended; document
training materials acquired
and/or purchased.
Partnership with
NCTCOG to develop
strategies to address
stormwater quality
issues and cooperative
management programs
specific to the North
Central Texas region. 3. By end of Year 5, implementation is complete.
Years
1-5
Method of Measurement = Partnership with NCTCOG and tracking of participation, along with benefits
received.
1.3.3.1 Responsible Person(s)/Department: Community Development
1.3.4 BMP4 Label Storm Drains Inlets
Many of the storm drain inlets in Trophy Club have already been labeled with plastic markers obtained
through a cooperative purchasing program by participation in NCTCOG’s Stormwater Management
Program. (This BMP also serves as a minimum control measure under Public Involvement /
Participation.)
Public Education & Outreach ~ Label Storm Drains
BMP 4 BMP 4 Activity Measurable Goal Schedul
e
1. Determine storm drain inlets still needing to
be labeled.
Established list of storm drains
needing to be labeled. Year 2
2. Develop a plan to utilize volunteers to assist
staff in labeling of existing storm drain inlets.
Written plan for labeling
remaining inlets. Year 3
Label all
Existing
and Future
Storm
Drain
Inlets 3. Develop criteria requiring Developers to
mark all new storm drain inlets on all future
development.
Criteria developed for
developers to label storm drains
in new developments.
Year 2
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4. Implement plan to mark existing storm drain
inlets.
5. Implement criteria requiring Developers to
label all new storm drain inlets.
Document number of storm
drains labeled by street names.
Years 3-
5
6. By end of Year 5, implementation is complete. Year 5
Method of Measurement: Label all Storm Drains in Town by end of Year 5.
2.3.2.1 Responsible Person(s)/Department: Community Development.
1.3.5 BMP5 Texas SmartScape Program
Trophy Club will promote the Texas SmartScape Program, to raise the public’s awareness of the
importance and benefits of landscaping with native or adapted plants. (This BMP also serves as a
minimum control measure under Public Involvement / Participation.)
Public Education & Outreach ~ SmartScape
BMP 5 Description BMP 5 Activity Measurable Goal Schedule
1. Continue to coordinate with
NCTCOG’s SmartScape program
efforts.
Document our
participation with
NCTCOG.
2. Distribute SmartScape website
address and free cd’s to new residents
via welcome packet.
Document number of
cd’s distributed.
3. Post and link SmartScape website
address: http://www.txsmartscape.com/
from our website/stormwater webpage.
Maintain SmartScape
information on
stormwater webpage.
Years 2-5
Promote SmartScape
by promoting the
SmartScape website
address and
distributing free
SmartScape cd’s to
residents, visitors,
public, etc., via various
measures (Stormwater
web page; literature,
welcome packets, etc.) 4. By end of Year 5, implementation is complete. Year 5
Method of Measurement: Track number of SmartScape cd’s distributed.
1.3.5.1 Responsible Person(s)/Department: Community Development.
1.3.6. BMP6 Stormwater Reporting Hotline and Online Reporting
Currently, Trophy Club has an Online Reporting Forum (ORF) for reporting Stormwater-related issues
through its Citizen Relationship Management Program (CRM). Additionally, Trophy Club will set up a
Stormwater Hotline (i.e., a published phone number) for the public to call and report stormwater-related
problems and issues. This will involve the public and facilitate the ability for the public to provide
information to assist in detection and alleviation of stormwater-related issues.
This BMP is part of the overall Stormwater Hotline for reporting Illicit Discharges, Construction Site
Controls, and other stormwater-related issues, and also serves as Minimum Control Measure under
Public Involvement and Participation.
Public Education & Outreach ~ SW Reporting Hotline
BMP 6 Description BMP 6 Activity Measurable Goal Schedule
1. Identify department and
personnel to monitor and
handle SWH.
Established department and
personnel responsible for SWH. Year 1
Create, maintain, and
monitor a Storm
Water Hotline (SWH)
and Online Reporting
Forum (ORF) to
2. Develop process for
addressing SWH complaints.
Written defined method for
addressing SWH complaints. Year 2
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3. Develop BMP’s to
implement and publicize SWH.
Plan in place for advertising and/or
publicizing and implementation of
SWH.
Years 3
4. Publicize and implement
SWH.
Document calls received and actions
taken as result of SWH and ORF. Years 4-5
involve the public and
facilitate their ability
to provide information
to assist in the
detection and
alleviation of
stormwater-related
issues. 5. By end of Year 5, implementation is complete. Year 5
Method of Measurement: Tracking of reports and calls received and actions taken in response to ORF
and SWH.
1.3.6.1 Responsible Person(s)/Departments: Community Development with
assistance from the Information Technology Department.
1.3.7 BMP7 Municipal Employee Training Program
This BMP will serve to educate Town employees about methods to prevent and reduce stormwater
pollution from municipal activities, as well as teach employees how to recognize illicit discharges and
proper methods for reporting and remediation. (This BMP also serves under Minimum Control Measure
– Pollution Prevention/Good Housekeeping.)
Public Education & Outreach ~ Municipal Employee Training Program (METP)
BMP 7 Description BMP 7 Activity Measurable Goal Schedul
e
1. Investigate various options
available for METP training
materials, to include NCTCOG’s
training video and PowerPoint
presentations.
Document where, what, and
from whom training materials
have been researched
and/or acquired.
Years 2-
5
2. Create and/or acquire a METP.
Documentation of a
developed and/or acquired
METP.
Year 3
3. Implement METP.
Document number
employees trained and/or
number trainings provided.
Years 4-
5
4. Make METP available online for
all employees.
Post and maintain METP on
intranet site.
Years 4-
5
Create a Municipal
Employee Training
Program (METP); which
may include seminars, in-
house training sessions,
new-employee training,
videos, manuals, Intranet
and or other means to
inform and train our
employees about the
methods for recognizing,
preventing and reducing
stormwater pollution
relating to municipal,
residential, business and
commercial activities. 5. By end of Year 5, implementation is complete. Year 5
Measurable Goal: Feedback forms and/or questionnaires from employees who have received training.
Documentation of stormwater-related incidents reported by employees as a result of the METP.
1.3.7.1 Responsible Person(s)/Department: Community Development.
1.3.8 BMP8- Public Education on Construction Site Stormwater
Control Requirements (CSSCR)
Trophy Club will acquire and/or develop educational materials for Construction Site Stormwater Control
Requirements (CSSCR) to inform construction site operators and the public regarding proper
Construction Site Storm Water Controls. (This BMP also addresses the minimum control measure for
Public Education under Construction 4.3.9.)
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Public Education and Outreach ~ Construction Site Stormwater Controls Requirements
BMP 8 Description
BMP 8 Activity
Measurable Goal
Schedul
e
1. Investigate various CSSCR
training materials available, to
include NCTCOG’s resources.
Document where, what, and from
whom training materials have been
researched and/or acquired.
Year 2
2. Develop and/or acquire
CSSCR educational materials.
Document what materials have been
developed and/or acquired.
Years 3-
5
3. Distribute CSSCR materials
to local builders and
developers.
Document number of materials
distributed. Document how information
is distributed.
Years 4-
5
4. Make CSSCR materials
available online.
Post and maintain information on
webpage for public and staff viewing. Year 5
To develop and/or
acquire CSSCR
education materials
to inform our
residents, visitors,
businesses,
construction workers
and employees about
the methods for
recognizing,
preventing and
reducing construction
site-related
stormwater
discharges.
5. By end of Year 5, implementation is complete. Year 5
Method of Measurement: Over the five-year period, we would strive for a steady decrease in the number
of stormwater-related incidents at Construction Sites.
1.3.8.1 Responsible Persons: Community Development and Permitting
Department.
1.3.9 BMP9- Public Education on Illegal Discharges and Improper
Disposal
Trophy Club will develop a public education effort to inform its employees, businesses, and the general
public of hazards associated with illegal discharges and improper disposal of waste. (This BMP also
addresses the minimum control measure for Public Education under Illicit Discharge Detection and
Elimination.)
Public Education and Outreach ~ Illicit Discharge Detection and Elimination (IDDE)
BMP 9
Description BMP 9 Activity Measurable Goal Schedule
1. Investigate various training materials
available, to include resources from
NCTCOG.
Document where, what, and from
whom training materials have
been researched and/or
acquired.
Year 2
2. Develop and/or acquire IDDE
educational training materials.
Document what materials have
been developed and/or acquired. Year 3
3. Determine process to implement
IDDE training and distribution of IDDE
education materials.
Documented plan for distribution
of IDDE education and training
program.
Years 4
4. Post and maintain information on
webpage and intranet site.
Document information posted to
webpage and intranet site. Year 5
To develop
and/or acquire
IDDE education
and training
materials to
inform our
residents,
visitors,
businesses,
construction
workers and
employees to
recognize,
prevent and
reduce Illegal
5. Distribute IDDE educational
materials.
Document where, when and to
whom IDDE materials were
distributed.
Year 5
153
6. Perform IDDE training Document where, when and who
received IDDE training. Year 5 Discharges and
Improper
Disposals and
determine an
effective means
of distribution
with prioritization.
7. By end of Year 5, implementation is complete. Year 5
Method of Measurement = Feedback forms and/or questionnaires from employees who have received
training.
Documentation of IDDE incidents reported by employees as a result of the above training.
1.3.9.1 Responsible Person(s)/Department: Community Development.
1.3.10 BMP10 Semi-Annual Household Hazardous Waste Events
Trophy Club will continue funding annual ILA (Interlocal Agreement) with Fort Worth
Environmental for semi-annual Household Hazardous Waste Collection Events in Town
and use of Drop-off Center. The Town has two events a year; one in the Spring and one
in the Fall, and has had excellent turnouts every year since we began approximately six
years ago. Stormwater information is distributed to participants at this event.
154
MCM 2. Public Involvement / Participation
2.1 TPDES Permit Regulatory Text – Part III.A.2
The MS4 operator must, at a minimum, comply with any state and local public notice
requirements when implementing a public involvement/participation program. It is
recommended that the program include provisions to allow all members of the public within
the small MS4 the opportunity to participate in SWMP development and implementation.
2.2 Current Programs
Trophy Club currently provides Public Involvement and Participation via the following:
• Developed a draft Stormwater Management Plan, utilizing a team of elected officials
representing the Town of Trophy Club, Trophy Club Municipal Utility District No. 1, and
Trophy Club Municipal Utility District No. 2, as well as staff.
• Participates with the City of Fort Worth’s Environmental Management Collection Center
to hold semi-annual Hazardous Household Waste Recycling Events, where stormwater
information is distributed to involve the public in stormwater management controls.
• Participates in weekly curbside recycling.
• Online reporting of stormwater management issues through InTouch Citizen Relationship
Management linked off our website at www.ci.trophyclub.tx.us
• Many of Trophy Club’s storm drain inlets have been labeled with plastic markers obtained
through a cooperative purchasing program by participation in NCTCOG’s Stormwater
Management Program
• Hold Public Hearings
• Participation in City of Fort Worth’s Water Conservation Program
Related Ordinances:
• 2002 - 18 - “Pooper-Scooper” ordinance
• 2003 - 30 - Public Hearing to establish stormwater drainage fees
• 2005- 04 – Stormwater Ordinance regulating Construction Activity and Illicit
Discharges
• 2005-15 – Swimming Pool Ordinance – For pools on or after June 24, 2005,
regulating all backwash or drainage to discharges into the sanitary sewer system
• 2005-18 – FEMA Floodplain Prevention Ordinance
• 2006-06 – Parkland and Open Space
• 2006-17 –Water Conservation Plan
155
2.3.1 Selected BMPs for Public Involvement/Participation
The Town will hold public hearing meetings relative to Stormwater Management. The public meetings will
be advertised in the newspaper and will target a wide audience; including residents, visitors, and
businesses which subscribe or purchase the newspaper. In addition, the Public Meetings will educate
Staff and Elected Officials in attendance. The Public Meeting will include a review of the program and
solicit input from the public.
2.3.1 BMP1 Public Participation
The Town of Trophy Club will comply with federal, state, and local public notice requirements regarding
public notification of the submittal of the NOI and SWMP to TCEQ, as well as the Executive Director’s
decision the Town’s NOI and SWMP, as directed under TXR0400000 Part III. Section D. Paragraph 12.
Public Involvement and Participation
BMP 2
BMP 2 Activity
Measurable Goal
Schedule
1. Publish public notification
2. Post SWMP document to
website for comments.
Document comments
received, if any, from
publication and/or website.
Years 1-5
2. Make presentations to Town Council
and MUD Boards; requesting review,
input, and approval.
Document input, as
received, from Council,
Boards, public, etc.
Years 1-5
3. Have copies of the SWMP document
available for comment at Municipal
Offices.
Document requests for
viewing as well as any
comments received.
Years 1-5
4. Hold Public Meetings to request
Public’s input, comments and
suggestions as well as to educate.
Document meetings held
and input received. Years 1-5
Comply with
federal, state and
local public notice
requirements
regarding public
notification of the
submittal of the
NOI and SWMP to
TCEQ and
Executive
Director’s decision
the Town’s NOI
and SWMP. 5. By end of Year 5, implementation is complete. Years 1-5
Method of Measurement: From documentation of comments received, we anticipate being able to
determine the most appropriate forum and/or venue for public involvement and participation, as well as
input for bettering our Stormwater Management Program.
2.3.1.1 Responsible Person(s)/Department: Community Development
Department.
2.3.2 BMP2 Stormwater Quality Information Dissemination
The Town of Trophy Club will continue to support and participate in NCTCOG’s Public Education Task
Force. The information and education gathered through such participation will be effectively distributed
through the following mediums: Municipal Cable Channel 27, Around The Town newsletter, Welcome
Packets for New Residents, Town website, at various annual Town-run special events; i.e. Arbor Day,
and at the semi-annual Household Hazardous Waste Recycling events to the following public entities:
Residents, Businesses, Teachers, Students, Builders, Contractors, and Town Employees.
This BMP is combined as part of Public Education and Outreach. Measurable Goal, Schedule, and
Responsible Persons may be located under Public Education BMP1.3.1.
2.3.2 BMP2 Label Storm Drains
Many of the storm drain inlets in Trophy Club have already been labeled with plastic markers obtained
through a cooperative purchasing program by participation in NCTCOG’s Stormwater Management
Program.
156
This BMP is combined as part of the Public Education and Outreach. Measurable Goal, Schedule, and
Responsible Persons may be located under Public Education BMP 1.3.4.
2.3.3. BMP3 Stormwater Reporting Hotline and Online Reporting
Currently, Trophy Club has an Online Reporting Forum (ORF) for reporting Stormwater-related issues
through its Citizen Relationship Management Program (CRM). Additionally, Trophy Club will set up a
Stormwater Hotline (i.e., a dedicated, published phone number) for the public to call and report
stormwater-related problems and issues. This will involve the public and facilitate the ability for the public
to provide information to assist in detection and alleviation of stormwater-related issues.
This BMP is part of the overall Stormwater Hotline for reporting Illicit Discharges, Construction Site
Controls, and other stormwater-related issues. Additionally, this BMP is combined as part of the Public
Education and Outreach. Measurable Goal, Schedule, and Responsible Persons may be located under
Public Education BMP1.3.5.
2.3.4. BMP4 – Creek Care Guide
Since much of Trophy Club’s creekside property is in private ownership, Trophy Club will work to inform
property owners along Trophy Club’s creeks through development and distribution of a “Creek Care
Guide (CCG).” The Guide will encourage and teach residents how to become involved in preserving the
creek system for their own self-interest and for future generations. By teaching residents/owners how
through proper care of stream banks and riparian vegetation, property owners along creeks can enhance
their property, prevent erosion problems, avoid flood losses, and add to the enjoyment of their creekside
property by preserving water quality and contributing to the survival of fish and wildlife.
Public Involvement and Participation
BMP 4 BMP 4 Activity Measurable Goal Schedul
e
1. Research development of a
CCG.
Document where, what, and from whom CCG
materials have been researched and/or
acquired.
Years 2
2. Develop and/or acquire CCG
materials.
Document what CCG materials have been
developed and/or acquired. Year 3
3. Distribute CCG. Document number of CCG’s distributed. Years 4-
5
3. Post CCG on website and
have copies available upon
request.
Document number of CCG’s distributed. Years 4-
5
4. Modify/amend CCG, as
necessary/ recommended. Document any changes/improvements to CCG. Years 4-
5
Trophy
Club will
develop &
distribute a
Creek Care
Guide
(CCG) for
its
residents
and the
public.
5. By end of Year 5, implementation is complete. Year 5
Method of Measurement: Creation of a CCG and tracking distribution of CCG; i.e., how many and to
whom.
2.3.4.1 Responsible Person(s)/Department: Parks and Recreation Department will be
responsible for development of the Creek Care Guide. Community Development
will be responsible for distribution of the Creek Care Guide.
2.3.5 BMP5 Regional Cooperative Partnership
157
Trophy Club will continue to coordinate with North Central Texas Council of
Governments (NCTCOG) to provide stormwater awareness information to the
community. NCTCOG provides information, materials, and funding support to
Trophy Club for programs to increase stormwater awareness.
This BMP is combined under all six Minimum Control Measures. Measurable Goal, Schedule, and
Responsible Persons are found under Public Education BMP 1.3.3.
2.3.6 BMP6 Semi-Annual Household Hazardous Waste Events
Trophy Club will continue funding annual ILA (Interlocal Agreement) with Fort Worth Environmental for
semi-annual Household Hazardous Waste Collection Events in Town and use of Drop-off Center. The
Town has two events a year; one in the Spring and one in the Fall, and has had excellent turnouts every
year since we began approximately six years ago. Stormwater information is distributed to participants at
this event.
158
MCM 3. Illicit Discharge Detection and Elimination
3.1 TPDES Permit Regulatory Text – Part III.A.3
(a) Illicit Discharge
A section within the SWMP must be developed to establish a program to detect
and eliminate illicit discharges to the MS4. The SWMP must include the manner
and process to be use to effectively prohibit illicit discharges. To the extent
allowable under state and local law, an ordinance or other regulator mechanism
must be utilized to prohibit and eliminate illicit discharges.
(1) Detection
The SWMP must list the techniques used for detecting illicit discharges.
(2) Elimination
The SWMP must include appropriate actions and, to the extent allowable
under state and local law, establish enforcement procedures for removing
the source of an illicit discharge.
(b) Allowable Non-Storm Water Discharges
Non-storm water flows listed in Part II.B and Part VI.B do not need to be
considered by the MS4 operator as an illicit discharge requiring elimination
unless the operator of the small MS4 or the executive director identifies the flow
as a significant source of pollutants to the small MS4. In lieu of considering non-
storm water sources on a case-by-case basis, the MS4 operator may develop a
list of common and incidental non-storm water discharges that will not be
addressed as illicit discharges requiring elimination. If developed, the listed
sources must not be reasonably expected to be significant sources of pollutants
either because of the nature of the discharge or the conditions that are
established by the MS4 operator prior to accepting the discharge to the small
MS4. If this list is developed, then all local controls and conditions established
for these listed discharges must be described in the SWMP and any changes to
the SWMP must be included in the annual report described in Part IV.B.2 of this
general permit, and must meet the requirements of Part II.D.3 of the general
permit.
(c) Storm Sewer Map
(1) A map of the storm sewer system must be developed and must include the
following:
i. The location of all outfalls;
ii. The names and locations of all waters of the U.S. that receive
discharges from the outfalls; and
iii. Any additional information needed by the permittee to implement its
SWMP.
(2) The SWMP must include the source of information used to develop the
storm sewer map, including how the outfalls are verified and how the map
will be regularly updated.
159
3.2 Current Programs
Trophy Club currently has the following in place:
• The Town has only two EPA-defined, Significant Industrial Users (SIUs) (Wastewater
Treatment Plant, which has a No Exposure Certification (NEC) and Gas Wells, which are
regulated by the Railroad Commission) and only very limited commercial activity.
Currently, commercial activity in the Town includes restaurants, two dry cleaners, banks,
grocery; recreational facilities (see Exhibit “X”, list of Trophy Club Businesses). Other
commercial entities may be identified as the program progresses. Specific goals for
commercial establishments regarding the inspection process (e.g., frequency, percentage
of facilities inspected in a given time frame) and implementation of BMPs will be
established, if required.
• Map showing a majority of the storm sewer system; i.e., inlets, pipes, ditches, and open
channels; as well as water, sewer and storm sewer lines.
• Two (2) outfalls mapped as Lake A and Lake B located on the Trophy Club Country Club.
• Identifies the receiving waters from its outfalls as Marshall Branch, Timberline Creek,
Denton Creek, and Golf Course Creek, which all lead to Grapevine Lake.
• These waters are not listed as impaired on Texas’ 303(d) list.
• Major pollutants impacting these waters have not yet been determined.
• The designated uses of these waters are: irrigation, recreation, and consumption.
• Requires TV inspections of all sanitary sewers and storm sewers on all new construction
projects.
• Annually inspects and cleans out all storm sewers.
• Semi-annual “large trash” drop-off day with our solid waste department, scheduled in
conjunction with Household Hazardous Waste Recycling, to help prevent illegal dumping
of waste.
• No households with stand-alone septic systems
• Trophy Club MUD 1 has a No Exposure Certification (NEC) for their Wastewater
Treatment Plant located at 1499 Indian Creek, Denton County, Trophy Club, TX 76262.
The NEC Permit Number is TXRNES359, Coverage Effective: March 03, 2005, Issued:
May 31, 2007, and Expires: August 14, 2011, unless otherwise amended. Copy of the
NEC is enclosed within this SWMP.
• Labeling and storage of hazardous material is within the jurisdiction of the Fire
Department. For new businesses that use or store hazardous materials, conditions of
approval are included in the standard conditions and mitigation measures enforced by
this department. These require that a safe, storage area for pesticides, herbicides, and
fertilizers be designed to contain spills. In addition, a Hazardous Materials Business Plan
must be submitted to the Fire Department for review and approval for each business in
order to detect potential hazards associated with the chemicals.
• The Fire Department is responsible for inspecting sites and monitoring their compliance
with hazardous materials best management storage practices and spill response.
• Fire Department first responders and the hazardous materials response team, depending
on the hazard level and severity of the spill, may make a spill response. Emphasis is
made on containment and cleanup with public health and safety as the foremost
consideration in an environmentally sensitive manner.
Related Ordinances:
• 2003 - 19 - Establish public stormwater drainage utility/adopt municipal drainage
utility system act
• 2003 - 30 - Public Hearing to establish stormwater drainage fees
• 2005- 04 – Stormwater Ordinance regulating Construction Activity and Illicit
Discharges
• 2005-15 – Swimming Pool Ordinance – For pools on or after June 24, 2005,
regulating all backwash or drainage to discharges into the sanitary sewer system
160
• 2005-18 – FEMA Floodplain Prevention Ordinance
161
3.3 Selected BMPs for Illicit Discharge Detection and Elimination
3.3.1 BMP1 – Development of a Storm Sewer Map
1.
Trophy Club will create a Storm Sewer map by utilizing the Town’s engineering firm, Teague, Nall &
Perkins. Trophy Club will also investigate the feasibility of utilizing college students, through internships,
to assist in the mapping of our outfalls, as well as obtaining the names and locations of all waters of the
U.S. receiving discharges from those outfalls. The system will be field-verified for accuracy. The map will
be updated continually from digital plan drawings as new areas are developed and a system for updating
changes in existing structures will be developed and implemented.
Illicit Discharge and Detection (IDDE) ~ Storm Sewer Map
BMP 1 BMP 1 Activity Measurable Goal Schedul
e
1. Determine and/or define criteria by which
outfalls are defined and how outfalls will be
mapped.
Document findings from research
performed on definition of an outfall and
best process for mapping of outfalls.
Year 2
2. Develop and implement written plan for
development of a SSM.
Developed and implemented a written
plan for a SSM. Year 3
3. Determine budget for mapping outfalls,
and allocation of resources (college
internships).
Developed a budget for mapping of
outfalls and documentation of allocated
resources, with intent to map 25% of
outfalls onto SSM.
Year 4
4. Map outfalls within the Town’s drainage
system.
By end of Y5, to have mapped 100% of
outfalls onto a SSM. Year 5
Create a
Storm
Sewer
Map
(SSM).
5. By end of Year 5, implementation is complete. Year 5
Method of Measurement:
3.3.1.3 Responsible Person(s)/Department: Town Engineer and
Community Development.
3.3.2 BMP2 - Illicit Discharge Ordinance
Trophy Club will review and evaluate its current Stormwater ordinance to ensure that it effectively
prohibits non-stormwater discharges into the storm sewer system, that it implements appropriate
enforcement procedures and has appropriate actions for removing the source of an illicit discharge
(mediation) and make it part of the overall Stormwater Ordinance.
Illicit Discharge and Detection (IDDE) ~ Ordinance
BMP 2 Description BMP 2 Activity Measurable Goal Schedule
1. Review current Stormwater
ordinance to determine if any
modifications are necessary to ensure
the proper enforcement and mediation
of illicit discharges.
Document what, if any,
changes are recommended to
current Stormwater
Ordinance.
Year 2
To review and
evaluate current
Stormwater
ordinance; modifying
as necessary to
ensure it effectively
prohibits non-
stormwater
2. Begin drafting/modifying
recommended changes into the
Stormwater Ordinance.
Written draft of modified/
updated Ordinance. Year 3
162
3. Finalize Stormwater ordinance and
take to Council for approval.
Obtain Council’s approval of
modified Stormwater
Ordinance.
Year 4
4. Implement and enforce the IDDE
ordinance.
Document efforts relative to
implementation and
enforcement of the new
Ordinance.
Year 5
discharges into the
MS4, to include the
implementation of
appropriate
enforcement
procedures and
actions for removing
sources of illicit
discharges. 5. By end of Year 5, implementation is complete. Year 5
Method of Measurement:
3.3.2.1 Responsible Person(s)/Department:
Town Attorney with Community Development has the responsibility for development. Community
Development has the responsibility for implementation. Police, Fire, Code Enforcement, MUD, and the
Streets Department will have responsibility for detection. Code Enforcement has the responsibility for
enforcement.
3.3.3 BMP3 TV Inspections of Storm and Sanitary Sewers
Illicit Discharges and Detection (IDDE) ~ TV Inspections
BMP 3 Description BMP 3 Activity Measurable Goal Schedul
e
1. Require TV inspections of all
newly constructed sanitary sewer
and storm sewer lines.
Document the number,
location, and result of TV
inspections for both storm
and sanitary sewers.
Years 1-
5
Trophy Club will continue to
require all newly constructed
storm sewers and sanitary
sewers to be televised (video)
prior to acceptance.
2. By end of Year 5, implementation is complete. Year 5
Method of Measurement: Track results of televising storm sewers; i.e., problems found.
3.3.3.1 Responsible Person(s)/Department: MUDs and Streets Department.
3.3.4 BMP4- Public Education on Illegal Discharges and Improper
Disposal
2.
Trophy Club will develop a public education effort to inform its employees, businesses, residents, and the
general public of hazards associated with illegal discharges, improper disposal of waste and illegal
dumping.
This BMP also addresses the MCM for Public Education. The Measurable Goal, Schedule, and
Responsible Persons are listed under Public Education BMP 1.3.9.
3.3.5 BMP5 Storm Water Reporting Hotline and Online Reporting
Trophy Club will set up and publicize its Storm Water Reporting Hotline (i.e., a published phone number
and web page/e-mail) to encourage the public’s involvement in reporting, anonymously, if so desired,
illegal dumping, and illicit discharge activities. This will facilitate public participation and provide
information that will assist in detection and alleviation of illegal dumping.
This BMP also addresses the MCM for Public Education. The Measurable Goal, Schedule, and
Responsible Persons are listed under Public Education and Outreach BMP 1.3.6.
163
3.3.6 BMP6 Regional Cooperative Partnership
Trophy Club will continue to coordinate with North Central Texas Council of Governments
(NCTCOG) to provide stormwater awareness and information to the community. NCTCOG
provides information, materials, and support to Trophy Club for programs to increase stormwater
awareness. Trophy Club staff will attend and participate in IDDE trainings and workshops, some
of which are in the form of Dry Weather Field Screening.
This BMP is combined as part of the overall Regional Cooperative Partnership. Measurable Goal,
Schedule, and Responsible Persons are found under Public Education BMP1.3.3.
164
3.3.7 BMP7 – Development of an IDDE Program
Studies indicate the highest number of illicit connections and illicit discharges tend to emanate from
industrial and commercial areas as well as from older communities. Trophy Club is a relatively young
community (founded in 1985) that is 80 to 90% residential with no industrial and very little commercial
development (less than 10%). As such, the IDDE program will focus primarily on education and
prevention of new problems. The initial approach to prevention and elimination of IDDE is Education;
what the pollution source is; what effect it has on our watershed, and how the problem may be eliminated
through BMPs. Illicit discharges occur because of a lack of awareness on the part of the discharger.
Often, pointing out errors, the negative effects of the illicit discharge and suggesting BMPs for future use
is enough to convince businesses and homeowners to stop.
Illicit Discharge and Detection (IDDE) ~ Develop an IDDE Program
BMP 3 BMP 3 Activity Measurable Goal Schedule
1. Investigate/research NCTCOG’s Dry
Weather Field Screening (DWFS) materials
and training.
Attend and/or purchase NCTCOG’s
DRFS materials and training. Year 2
2. Train appropriate personnel in DWFS. Document employees trained.
3. Schedule and conduct creek walks within
the watershed and document findings. Inspect creeks once per year. Year 4
4. Field Investigation & Abatement:
a. Conduct field/manhole/site inspections.
b. Verify illicit discharge/illegal connection
and identify the source.
c. Remove and/or eliminate discharge as
recommended by SRP.
d. Use education and/or enforcement, as
necessary, to eliminate future discharges.
e. Recommend BMPs, as applicable, to
ensure on-going compliance.
Document reported and/or discovered
illicit discharges, response time(s),
actions taken, and recommended
BMPs to prevent reoccurrences.
Year 4
5. Spill and Complaint Response:
Respond within 24 hours upon receipt of a
complaint or discovery of a spill, discharge
or illegal connection.
Year 4
5. Procedure for illicit discharges:
a. Identify /track potential source of
discharge to determine appropriate agency
and/or department to respond.
b. Remove and/or eliminate discharge as
recommended by SRP.
c. Use education and/or enforcement, as
necessary, to eliminate future discharges.
d. Recommend BMPs, as applicable, to
ensure on-going compliance.
Document reported and/or discovered
illicit discharges, response time,
actions taken, and recommended
remedies to prevent reoccurrences.
Year 5
Develop
and
impleme
nt an
IDDE
Program.
By end of Year 5, implementation is complete. Year 5
Method of Measurement: Tracking of reported and discovered illicit discharges to establish a database,
and to identify reoccurrence patterns. Track actions taken in response to reported and discovered illicit
discharges.
165
3.3.8 BMP8 Semi-Annual Household Hazardous Waste Events
Trophy Club will continue funding annual ILA (Interlocal Agreement) with Fort Worth Environmental for
semi-annual Household Hazardous Waste Collection Events in Town and use of Drop-off Center. The
Town has two events a year; one in the Spring and one in the Fall, and has had excellent turnouts every
year since we began approximately six years ago. Stormwater information is distributed to participants at
this event.
166
MCM 4. Construction Site Stormwater Runoff Control
4.1 TPDES Permit Regulatory Text – Part III.A.4
The MS4 operator, to the extent allowable under State and local law; must develop, implement, and
enforce a program to reduce pollutants in any stormwater runoff to the small MS4 from construction
activities that result in a land disturbance of greater than or equal to one acre or if that construction
activity is part of a larger common plan of development or sale that would disturb one acre or more of
land. The MS4 operator is not required to develop, implement, and/or enforce a program to reduce
pollutant discharges from sites where the construction site operator has obtained a waiver from permit
requirements under NPDES or TPDES construction permitting requirements based on a low potential for
erosion.
(a) The program must include the development and implementation of, at a minimum, an
ordinance or other regulatory mechanism, to require erosion and sediment controls, as
well as sanctions to ensure compliance, to the extent allowable under State and local
law.
(b) Requirements for construction site contractors to, at a minimum:
(1) Implement appropriate erosion and sediment control BMPs; and
(2) Control waste, such as discarded building materials, concrete truck washout water,
chemicals, litter, and sanitary waste at the construction site that may cause adverse
impacts to water quality.
(c) The MS4 operator must develop procedures for:
(1) Site plan review which incorporate consideration of potential water quality impacts;
(2) Receipt and consideration of information submitted by the public; and
(3) Site inspection and enforcement of control measures to the extent allowable under
state and local law.
4.2 Current Programs
Trophy Club has and will continue to implement an erosion control program for construction site
operators as required by Ordinance 2005-04. The Ordinance sets forth requirements for control of
erosion from construction sites. The Ordinance provides performance standards and penalty
provisions for noncompliance. All applications for land development are required to submit an erosion
and sedimentation control plan for approval prior to the start of construction. Operators are required
to design, install, maintain and correct erosion control measures.
As per the Trophy Club Design Standards and Construction Specifications (March 2005), Trophy
Club currently:
o Requires all construction activity, regardless of size, shall comply with NCTCOG’s
“Storm Water Quality Best Management Practices for Construction Activities” Manual
(BMP’s), current edition, except as modified in the Town of Trophy Club Design
Standards and Construction Specifications.
o Requires all construction activities on sites greater than one (1) acre shall comply
with the provisions and regulations of the Texas Pollutant Discharge Elimination
System – Construction General Permit.
167
The internal developed guidelines for Trophy Club are:
o Trophy Club Design Standards for Construction Specifications (March 2005)
o Trophy Club Comprehensive Land Use Plan
o Trophy Club Subdivision Regulations – Ordinance 2001-21 P & Z – Updated
September 2001
o Ordinance 2000–06; 2000-24; 2001-29 - Comprehensive Zoning Ordinance
o Ordinance 2001-02 – Dedication of Park Land and Open Space
o Ordinance 2001-26 – Developer Cost Participation contracts for Construction of
Public Improvements
o Ordinance 2002-40 - Tree Preservation and Removal
o Ordinance 2005- 04 – Stormwater Ordinance regulating Construction Activity and
Illicit Discharges
o Ordinance 2005-15 – Swimming Pool Ordinance – Regulating all backwash or
drainage to discharge into the sanitary sewer system for pools constructed on or after
June 24, 2005.
o 2005-18 – FEMA Floodplain Prevention Ordinance
o Ordinance 2006-06 – Parkland & Open Space
o Ordinance 2006-11 – Comprehensive Zoning Ordinance
o Ordinance 2006-13 – Water Conservation
o Ordinance 2006 - 40 - Tree Preservation and Removal
o Ordinance 2007-02 – Land-Disturbing Activities
Town-adopted Building Codes:
o 2002 National Electrical Code
o 2003 International Building Code
o 2003 International Residential Code
o 2003 International Mechanical Code
o 2003 International Plumbing Code
o 2003 International Energy Conservation Code
o 2003 International Fire Code
168
4.3 Selected BMPs for Construction Site Storm Water Controls
4.3.1 BMP1 Ordinance for Construction Site Erosion and Sediment
Controls
Trophy Club developed Ordinance 2005-04 to regulate Construction Site Operators to comply with
erosion and sediment controls at construction sites, as well as sanctions for non-compliance with the
requirements. The Ordinance and associated Trophy Club requirements and procedures requires
construction site operators to implement appropriate erosion and sediment controls, control of wastes at
construction sites and to comply with TPDES’ Construction General Permit as well as all local and State
regulations.
Construction Site Stormwater Controls ~ Ordinance
BMP 1 Description BMP 1 Activity Measurable Goal Schedul
e
1. Continue to implement, enforce
and review ordinance, amending as
necessary.
Document any reviews
enforcements, and / or
amendments.
Years 2-
5
2. Continually review Ordinance for
effectiveness, updating as necessary.
Document any
updates and/or
recommendations.
Years 2-
5
Ordinance for Erosion and Sediment
controls at Construction Sites,
requiring developers to include
erosion control measures and to
utilize approved BMP’s in their
projects and requiring compliance
with the TPDES Construction General
Permit and all local and State
regulations.
3. By end of Year 5, implementation is complete. Year 5
Method of Measurement:
4.3.1.1 Responsible Person(s)/Department
Community Development has responsibility for implementation of the Ordinance. Building Inspections
along with Code Enforcement will share the responsibility for implementation and enforcement of the
Ordinance.
4.3.2 BMP2- Public Education on CSSCR
Trophy Club will acquire and/or develop educational materials for Construction Site Stormwater Control
Requirements (CSSCR) to inform construction site operators and the public regarding proper
Construction Site Storm Water Controls.
This BMP also addresses the minimum control measure for Public Education. Measurable Goal,
Schedule, and Responsible Persons are listed under Public Education BMP 1.3.9.
4.3.3 BMP3 Stormwater Reporting Hotline & Online Reporting
Currently, Trophy Club has an Online Reporting Forum (ORF) for reporting Stormwater-related issues
through its Citizen Relationship Management Program (CRM). Additionally, Trophy Club will set up a
Stormwater Hotline (i.e., a published phone number) for the public to call and report stormwater-related
problems and issues. This will involve the public and facilitate the ability for the public to provide
information to assist in detection and alleviation of stormwater-related issues.
This BMP also addresses the MCM for Public Education and Outreach. The Measurable Goal,
Schedule, and Responsible Persons are listed under Public Education and Outreach BMP 1.3.6.
4.3.4 BMP4 Regional Cooperative Partnership
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Trophy Club will continue to coordinate with North Central Texas Council of Governments
(NCTCOG) to provide construction-relation stormwater awareness information to the community,
to construction site operators as well as providing Construction Inspection Training for our
Inspectors. NCTCOG provides information, materials, and support to Trophy Club for programs
to increase stormwater awareness.
This BMP is combined as part of the overall Regional Cooperative Partnership. Measurable Goal,
Schedule, and Responsible Persons are found under Public Education BMP1.3.3.
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4.3.5 BMP5 Development of Procedures for Site Plan Review
Trophy Club will continue existing measures for site plan review to ensure compliance with erosion and
sediment and waste control requirements. Additionally, Trophy Club will review and evaluate current site
plan review procedures to ensure compliance with permit requirements. Trophy Club will identify and
implement additional program requirements and training needs for compliance with permit requirements,
as appropriate.
Construction Site Stormwater Controls ~ Site Plan Review
BMP 5
Description BMP 5 Activity Measurable Goal Schedul
e
1. Continue existing measures for site plan review to ensure compliance
with erosion and sediment and waste control requirements. Year 1-2
2. Review and evaluate current site plan
review procedures and compare those to
permit requirements.
Documentation of
recommended improvements
to site plan review, as
applicable.
Year 3-4
3. Identify, develop and implement
additional program requirements and
training needs as appropriate for Site Plan
Review in order to comply with permit
requirements.
Documentation of additional
program requirements and
training of personnel, as
applicable.
Year 4-5
Review, Evaluate,
Identify, Develop,
and Implement
Additional Site Plan
Review
Requirements, as
applicable/necessa
ry, for compliance
with permit
requirements.
4. By end of Year 5, implementation is complete. Year 5
Method of Measurement:
4.3.4.1 Responsible Person(s)/Department: Town Planner and Planning and
Zoning.
4.3.6 BMP6 Stormwater Webpage
This BMP allows employees, residents, children, teachers, visitors, the general public and construction
site personnel to learn about Stormwater Management online; what it is, what part the Town is playing,
and what they can do to help protect our water from pollutants. These web pages are integrated into the
Town’s existing website as well as having links to additional valuable resources and information.
This BMP also addresses the MCM for Public Education and Outreach. The Measurable Goal,
Schedule, and Responsible Persons are listed under Public Education and Outreach BMP 1.3.2.
4.3.7. BMP7 Site Inspections and Enforcement
Trophy Club will continue inspecting construction sites, while developing procedures to ensure
compliance with the requirements of the TPDES General Permit. Enforcement will be through an
ordinance or stop work order.
Construction Site Stormwater Controls ~ Site Inspections and Enforcement
BMP 7 BMP 7 Activity Measurable Goal Schedul
e
Constructio
n
Site
Inspections
1. Continue using existing site inspection practices and
incorporate inspection of erosion and sediment / waste
controls and other related stormwater runoff control
measures.
Document inspections
and actions taken, as
applicable.
Years 1-
5
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2. Review and evaluate current processes,
recommending improvements, as appropriate.
Documentation of
recommended
improvements.
Years 2-
5
3. Implement recommended changes, as applicable.
Document effect of
recommended changes,
as applicable.
Year 5
and
Enforceme
nt
4. By end of Year 5, implementation is complete.
Method of Measurement: Tracking of inspection violations, to establish a database, and to identify
reoccurrence patterns.
4.3.7.1 Responsible Person(s)/Department: Building Inspector/Community
Development.
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MCM 5. Post Construction Storm Water Management in New
Development and Redevelopment
5.1 TPDES Permit Regulatory Text – Part III.A.6
To the extent allowable under state and local law, the MS4 operator must develop, implement, and
enforce a program to address stormwater runoff from new development and redevelopment projects that
disturb greater than or equal to one acre of land, including projects less than one acre that are part of a
larger common plan of development or sale that will result in disturbance of one or more acres, that
discharge into the small MS4. The program must ensure that controls are in place that would prevent or
minimize water quality impacts. The permittee shall:
(a) Develop and implement strategies which include a combination of structural and/or
non-structural BMPs appropriate for your community;
(b) Use an ordinance or other regulatory mechanism to address post-construction runoff
from new development and redevelopment projects to the extent allowable under State
and local law; and
(c) Ensure adequate long-term operation and maintenance of BMPs.
5.2 Current Programs
Trophy Club realizes that urban runoff quality issues impact almost all areas of development and therefore
recognizes the importance of integrating stormwater quality issues into its planning process.
Trophy Club’s Comprehensive Land Use Plan has goals and objectives, which are to protect all existing
natural areas to a maximum extent practicable during the Town’s development process and utilize
whenever possible, open space linkages, to realize that the natural environment and ecosystems are a
substantial quality that contribute to the character of the Town and should be preserved and protected, to
provide a variety of park types that satisfy the recreational needs of all citizens of the Town; to encourage
the development of at least once acre of park or recreation space for every one hundred residents in
Trophy Club; and to encourage the development of park linkages with walkways, pathways, and jogging
paths. Trophy Club will continue utilizing the Comprehensive Land Use Plan while investigating and
amending its requirements in order to comply with the TPDES General Permit.
New development and redevelopment projects in the Town offer a unique opportunity to control pollution,
as a result the Town will delve even further into requiring future projects to integrate stormwater quality
treatment controls into their project design. The intent is to ensure that pollutants in site runoff are
reduced to the maximum extent practicable for the life of the project.
The Town requires Grading Permits for Land-Disturbing Activities to meet the requirements of the TPDES
General Permit.
The Town’s Tree Mitigation Program provides guidelines for the protection of mature and/or trees of
recognized value within the proposed construction zone over one (1) acre. The policy provides for
replacement and replanting of protected trees that must be removed during construction projects.
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5.1 Selected BMPs for Post Construction Stormwater Management (PCSWM)
for New Development and Redevelopment
5.3.1 BMP1 Ordinance for PCSWM Controls for New Development and
Redevelopment
Trophy Club will enact an ordinance to effectively require PCSWM runoff controls for new
development and/or redevelopment and to ensure proper long-term operation and maintenance of
controls.
PCSWM in New Development and Redevelopment ~ Ordinance
BMP 1 BMP 1 Activity Measurable Goal Schedul
e
1. Review existing ordinances
relating to stormwater control for
PCSWM.
Document number and source of PCSWM
ordinances reviewed. Year 2
2. Begin drafting/modifying
ordinance.
Have a written draft for a PCSWM
Ordinance. Year 3
3. Finalize ordinance. Finalized PCSWM Ordinance. Year 4
4. Implement ordinance.
Document efforts relative to
implementation and enforcement of
PCSWM Ordinance.
Year 5
Develop an
Ordinance
requiring
PCSWM
controls for
New
Development
and/or
Redevelopment
.
5. By end of Year 5, implementation is complete. Year 5
Method of Measurement:
5.3.1.1 Responsible Person(s)/Department
3. The Town Attorney with assistance from Community Development will have the responsibility for
development of the ordinance. Community Development Department has responsibility for
implementation and Code Enforcement will be responsible for the enforcement.
5.3.2 BMP2 Development Review Process
PCSWM in New Development and Redevelopment ~ Review Process
BMP 2 BMP 2 Activity Measurable Goal Schedul
e
1. Review all development plans for
compliance with floodplain requirements; for
adequacy of infrastructure design for
drainage, and for efficient use of BMPs.
Document number of plans
reviewed and recommended
actions and/or improvements, if
any, or as appropriate.
Years 2-
5
2. Continue to encourage the preservation of
natural channels and the 100-year floodplain.
Document where, if any, changes
to development made as result of
preservation recommendations.
Years 2-
5
Review all
future
development
plans for
compliance
with current
requirements.
3. By end of Year 5, implementation is complete. Year 5
Method of Measurement:
5.3.2.1 Responsible Person(s)/Department: Town Engineer / Planner with
assistance from Planning and Zoning.
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5.3.3 BMP3 Review, Modify and Improve Plans and Regulations
Trophy Club will continue to review and modify, as necessary, its Comprehensive Land Use Plan,
Subdivision Regulations, as well as investigate available options to better address Post-Construction
and/or Redevelopment stormwater management minimum control measures.
Post Construction Storm Water Management in New Development and Redevelopment
BMP 3 Description BMP 3 Activity Measurable Goal Schedul
e
1. Evaluate current processes to determine if there
are deficiencies while also researching Post
Construction/ Redevelopment Guidelines/Manuals
(PCRGMs).
Year 3-5
2. Identify deficiencies and recommend additional
requirements, resources, training needs, for
compliance or recommend adoption of PCRGM.
Document any
recommended
changes,
improvements
made/
recommendation
s.
Year 3-5
3. Develop goals and requirements and acquire
needed resources, as necessary, to comply with
Permit MCMs, or recommend adoption of a
PCRGM.
Year 4
4. Update plans, procedures, and regulations, and
implement, as necessary OR adopt a PCRGM.
Document goals/
requirements to
meet Permit
MCMs or Council
approves
adoption of a
PCRGM.
Year 5
Review, evaluate, and
modify, as necessary,
our Comprehensive
Land Use Plan,
Subdivision
Regulations, to better
address Post-
Construction and/or
Redevelopment
stormwater
management Minimum
Control Measures, to
include possible
adoption of a
NCTCOG-created
Design Manual or
similar document.
5. By end of Year 5, implementation is complete. Year 5
Method of Measurement:
5.3.3.1 Responsible Person(s)/Department: Town Engineer/Planner and
Planning and Zoning.
5.3.4 BMP4 Distribute Develop Naturally Brochure
Trophy Club will obtain and/or download the Develop Naturally brochure to distribute to its developers
and contractors through the Permit Department and during the preliminary platting stage of developments
within the Town. This brochure and guide provides education to developers about natural design
alternatives and development ideas that address post construction issues and is considered a useful non-
structural BMP.
Post Construction Storm Water Management in New Development and Redevelopment
BMP 4 BMP 4 Activity Measurable Goal Schedul
e
1. Obtain and/or download the Develop Naturally
brochure.
Years 2-
5
2. Distribute brochure to contractors and developers
through the Permit and Planning and Zoning
departments, as well as during the preliminary platting
stage of developments.
Distribute brochure
with each
application for
building permit.
Year 2-5
Obtain and
distribute
Develop Naturally
brochure and
guide to
developers and
contractors. 3. By end of Year 5, implementation is complete. Year 5
Method of Measurement: Tracking distribution of brochures.
5.3.4.1 Responsible Person(s)/Department: Community Development.
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5.3.5 BMP5 Regional Cooperative Partnership
Trophy Club will continue to coordinate with North Central Texas Council of Governments
(NCTCOG) to provide stormwater awareness information to the community. NCTCOG provides
information, materials, and support to Trophy Club for programs to increase stormwater
awareness, training, education as well as latest trends.
This BMP is combined as part of the overall Regional Cooperative Partnership. Measurable Goal,
Schedule, and Responsible Persons are found under Public Education BMP1.3.3.
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MCM 6. Pollution Prevention/Good Housekeeping for Municipal
Operations
6.1 TPDES Permit Regulatory Text – Part III.A.4
A section within the SWMP must be developed to establish an operation
and maintenance program, including an employee training component that
has the ultimate goal of preventing or reducing pollutant runoff from
municipal operations.
(a) Good Housekeeping and Best Management Practices (BMPS)
Housekeeping measures and BMPs (which may include new or existing structural or non-
structural controls) must be identified and either continued or implemented with the goal
of preventing or reducing pollutant runoff from municipal operations. Examples of
municipal operations and municipally owned areas include, but are not limited to:
(1) park and open space maintenance;
(2) street, road, or highway maintenance;
(3) fleet and building maintenance;
(4) stormwater system maintenance;
(5) New construction and land disturbances;
(6) municipal parking lots;
(7) vehicle and equipment maintenance and storage yards;
(8) waste transfer stations; and
(9) salt/sand storage locations
(b) Training
A training program must be developed for all employees responsible for municipal
operations subject to the pollution prevention/good housekeeping program. The training
program must include training materials directed at preventing and reducing stormwater
pollution from municipal operations. Materials may be developed, or obtained from the
EPA, states, or other organizations and sources. Examples or descriptions of training
materials being used must be included in the SWMP.
(c) Structural Control Maintenance
If BMPs include structural controls, maintenance of the controls must be performed at a
frequency determined by the MS4 operator and consistent with maintaining the
effectiveness of the BMP. The SWMP must list all of the following:
(1) maintenance activities;
(2) maintenance schedules; and
(3) long-term inspection procedures for controls used to reduce floatables and other
pollutants.
(d) Disposal of Waste
Waste removed from the small MS4 and waste that is collected as a result of
maintenance of stormwater structural controls must be properly disposed. A section
within the SWMP must be developed to include procedures for the proper disposal of
waste, including:
177
(1) dredge spoil;
(2) accumulated sediments; and
(3) floatables.
(e) Municipal Operations and Industrial Activities
The SWMP must include a list of all:
(1) municipal operations that are subject to the operation, maintenance, or training
program developed under the conditions of this section; and
(2) Municipally owned or operated industrial activities that are subject to TPDES
stormwater regulations.
6.2 Current Programs
Trophy Club currently:
• Has approximately 40 miles of storm sewers, as well as stormwater drainage ditches.
• Handles runoff management, street drainage system maintenance, and street
maintenance through the Streets Department.
• Performs street sweeping services on an as-needed basis.
• Has adopted and enforces Ordinance 2002-18, “Pooper-Scooper” ordinance.
• Distributes educational materials on proper disposal of pet waste.
• Utilizes MGC0 – Magnesium Chloride to deice roadways.
• Each and every Storm Sewer is manually inspected and cleaned at least once a year
with ALL wastes transported to roll-off containers and removed by our Franchised
Waste Collector.
• All newly constructed Storm Sewers and Sanitary Sewers are videoed before
acceptance
• The MUDs operate a computerized Supervisory Control and Data Acquisition System
(SCADA) to manage our water and wastewater systems including nine (9) sanitary
sewer lift stations (three (3) more at build out). This state of the art computerized
system continuously monitors and reports the level of wastewater in the lift stations
and the status of pumps and power failures.
• The Trophy Club MUD Department maintains the water and the sanitary sewer
system. To date the system has received exemption from stormwater permitting
regulations.
• Trophy Club MUD 1 has a No Exposure Certification (NEC) for their Wastewater
Treatment Plant located at 1499 Indian Creek, Denton County, Trophy Club, TX
76262. The NEC Permit Number is TXRNES359, Coverage Effective: March 03,
2005, Issued: May 31, 2007, and Expires: August 14, 2011, unless otherwise
amended. Copy of the NEC is enclosed within this SWMP.
178
6.3 Selected BMPs for Municipal Operations
6.3.1 BMP1 Storm Sewer Inspections
Trophy Club will continue to annually inspect all of its storm sewers within the Town.
Pollution Prevention/Good Housekeeping for Municipal Operations ~ Storm Sewer Inspections
BMP 1
Description BMP 1 Activity Measurable Goal Schedul
e
1. Continue annual
inspection of Town storm
sewers.
Document storm sewers inspected, findings,
and repairs.
Years 1-
5
4. 2. Implement
recommendation for
repairs, if any.
Document repairs performed and/or
recommended.
Years 2-
5
Annually inspect
Town storm
sewers, document
findings, and
implement
recommendations.
3. By end of Year 5, implementation is complete. Year 5
Method of Measurement: Tracking of storm sewers for future repair; received repairs.
6.3.1.1 Responsible Person(s)/Department: Street Superintendent.
6.3.2 BMP2 Spill Response Plan and Training
Trophy Club will develop and implement a Spill Response Plan (SRP) and provide SRP training to all
applicable employees for proper procedures when responding to a Hazardous Spill.
Pollution Prevention/Good Housekeeping for Municipal Operations ~ SRP
BMP 2
Descriptio
n
BMP 2 Activity Measurable Goal Schedul
e
1. Perform research to develop and/or
acquire a SRP and appropriate SRP
training materials.
Document where, what and from whom a
SRP and/or SRP training materials were
researched and/or acquired.
Years 2-
5
5. 2. Develop and/or acquire a
SRP and SRP-related training
materials.
Developed or acquired a SRP and
associated training materials.
Years 3-
5
3. Provide SRP Training with periodic
refresher trainings.
Document number of employees trained
and/or trainings provided.
Years 4-
5
4. Post SRP Training information to
intranet site.
Training information is available on
Intranet Site.
Years 4-
5
Develop a
SRP, and
Provide /
Conduct
SRP-
related
Training to
appropriate
personnel.
5. By end of Year 5, implementation is complete. Year 5
Method of Measurement: Feedback forms and/or questionnaires from employees who have received
training.
6.3.2.1 Responsible Person(s)/Department: Fire Chief and Utility
Superintendent.
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6.3.3 BMP3 Municipal Employee Training Program
This BMP will serve to educate Town employees about methods to prevent and reduce stormwater
pollution from municipal activities and teach Good Housekeeping for Municipal Operations.
(This BMP also addresses the minimum control measure for 1.3.7 Municipal Employee Training
Program under Public Education and Outreach)
6.3.4 BMP4 Stormwater Reporting Hotline and Online Reporting
Trophy Club will set up a reporting hotline (i.e., a published phone number and web page/e-mail) to
encourage the public’s involvement in reporting, anonymously, if so desired, illegal dumping and
discharges. This will facilitate public participation and provide information that will assist in detection and
alleviation of illegal dumping.
This BMP also addresses the MCM for Public Involvement. The Measurable Goal, Schedule, and
Responsible Persons are listed under Public Involvement BMP 3.3.3.
6.3.5 BMP5 TV Inspections of Storm and Sanitary Sewers
Trophy Club will continue to require all newly constructed storm sewers and sanitary sewers to be
televised (video) prior to acceptance. As part of this plan, Trophy Club will document the number,
location, and result of TV inspections performed on its storm and sanitary sewers.
This BMP also addresses the MCM for Illicit Discharge and Detection (IDDE) listed under IDDE BMP
3.3.5.
6.3.6 BMP6 Regional Cooperative Partnership
Trophy Club will continue to coordinate with North Central Texas Council of Governments
(NCTCOG) to provide stormwater awareness information to the community. NCTCOG provides
information, materials, and support to Trophy Club for programs to increase stormwater
awareness.
This BMP is combined as part of the overall Regional Cooperative Partnership. Measurable Goal,
Schedule, and Responsible Persons are found under Public Education BMP 1.3.3.
180
6.3.7 Develop and Implement an Operation and Maintenance
Program (O&MP)
Trophy Club will acquire or develop, through research, the needed resources and/or training to develop
written procedures and guidelines to implement an O&MP. Once an O&MP is acquired/developed,
Trophy Club will perform an audit of its Municipal Departments for possible stormwater impacts. Upon
completion of the audit, Trophy Club will develop appropriate BMPs to reduce and/or prevent stormwater
pollution runoff from municipal operations as a result of the audit.
Pollution Prevention/Good Housekeeping for Municipal Operations ~ O&MP
BMP 7
Description BMP 7 Activity BMP 7 Measurable Goal Schedul
e
1. Research resources to develop
and/or acquire an O&MP, to include
NCTCOG.
Document where, what, and from
whom materials have been
researched and/or acquired.
Years 2
6. 2. Develop and/or acquire
an O&MP. Developed and/or acquired O&MP. Years 3
3. Perform audit of departments for
possible stormwater impacts. Document results of audit. Years 4
4. Develop BMPs to address
possible stormwater impacts by
Municipal Department.
List of BMPs. Year 4
5. Implement O&MP. Document implementation of O&MP. Year 5
Research to
develop and/or
acquire an O&MP,
to perform an audit
of stormwater
impacts within
Municipal
Departments and
develop
appropriate BMPs
to effectively
eliminate
stormwater impacts
from Municipal
Operations.
6. By end of Y5, implementation is complete. Year 5
Method of Measurement:
6.3.7.1 Responsible Person(s)/Department: Community Development.
6.3.8 BMP8 Semi-Annual Household Hazardous Waste Events
Trophy Club will continue funding annual ILA (Interlocal Agreement) with Fort Worth Environmental for
semi-annual Household Hazardous Waste Collection events in Town and use of Fort Worth
Environmental’s Drop-off Center. The Town has two events a year; one in the Spring and one in the
Fall, and has had excellent turnouts every year since we began approximately six years ago.
Stormwater information is distributed to participants at this event.
181
Conclusion:
Trophy Club has opted to not include the optional seventh (7th) minimum control measure (MCM) for
municipal construction activities and instead will submit an individual Notice of Intent (NOI) for each
construction project as needed.
Trophy Club’s Stormwater Management Plan complies with the Texas Pollutant Discharge Elimination
System (TPDES), Phase II requirements. The plan will be reviewed, updated, and revised each year, as
necessary, to maintain the goals of: reducing the discharge of pollutants to the “maximum extent
practicable” (MEP), protecting the water quality, and satisfying the appropriate water quality requirements
of the Clean Water Act and TCEQ.
The BMPs will be reviewed every year to verify the Measurable Goals are being satisfied. At that time, if
a goal is not being met, the BMP will be adjusted to better meet our goals. Any improvement and or
modification to the SWMP or to any BMP will be included in the annual report. Any changes to a BMP will
be made to increase the effectiveness of the Measurable Goal. A Notice of Change will be submitted with
the annual when a BMP has been changed.
To comply with the permit requirements, a copy of the TPDES permit, the SWMP, and the NOI will be
kept on file at the Town of Trophy Club Municipal offices.
Copies may be obtained online at: www.ci.trophyclub.tx.us
By e-mail: mmoore@ci.trophyclub.tx.us
By mail: Town of Trophy Club
100 Municipal Drive
Trophy Club, TX 76262
Attn: Mary Moore, Environmental Coordinator
By phone: 682.831.4685
In person: Public Services Building, 100 Municipal Drive, Trophy Club, TX
182
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.D.3
Discuss and take appropriate action to appoint five to nine members to
serve on a Charter Review Commission.
EXPLANATION:
On December 3rd, 2007, Council approved the creation of a Charter Review
Commission, consisting of 5 - 9 members, posting the application process for two
weeks and appointing members at the first meeting in January passed unanimously
without further discussion.
RECOMMENDATION:
ACTION BY COUNCIL:
(Initials)
Attachments: 1. Applications
a. Roger Williams, application received December 7, 2007
b. Larry E. Crosser, application received December 11, 2007
c. Bob Downey, application received December 13, 2007
d. William (Bill) Rose, application received December 17, 2007
e. Melissa Klauss, application received December 19, 2007
f. Ben Brewster, application received December 20, 2007
g. Neil Twomey, application received December 20, 2007
2. Resolution
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188
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191
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196
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2008
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS AUTHORIZING THE
CREATION OF A CHARTER REVIEW COMMISSION; THE
COMMISSION CONSISTING OF FIVE TO NINE MEMBERS
AND A STAFF LIAISON; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town is empowered under §51.001 of the Texas Local
Government Code to adopt a resolution that is for the good government of the Town;
WHEREAS, the Town has a substantial interest in the proper management and
oversight of the Town’s Home Rule Charter;
WHEREAS, the Trophy Club Town Council is charged with the responsibility of
making appointments to the Boards and Commissions serving the Town; and
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. The Town Council of the Town of Trophy Club, Texas does hereby
authorize the creation of a Charter Review Commission.
Section 2. Charter Review Commission shall consist of five to nine members
to be appointed by the Town Council. Said members shall serve at the pleasure of the
Town Council.
Section 3. Members of the Charter Review Commission shall serve until the
_____________________.
Section 4. The Town Manager or his designee shall serve as liaison between
the Town Council and the Charter Review Commission. As liaison, the Town Manager
or his designee shall communicate directives from the Town Council to the Charter
Review Commission and shall at the request of the Town Council submit reports on the
project.
Section 5. The Charter Review Commission shall make recommendations to
the Town Council concerning possible amendments to the existing Town Charter.
Section 6. At the direction of the Town Council, the Charter Review
Commission shall consist of the Town Manager or his designee, Town Attorney and the
following Residents of the Town of Trophy Club.
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1. 2.
3. 4.
5. 6.
7. 8.
9.
Section 7. This Resolution shall take effect from and after its date of passage
in accordance with law.
PASSED and APPROVED by the Town Council of the Town of Trophy Club,
Texas on this 21st day of January 2008.
_____________________________
Mayor, Town of Trophy Club, Texas
ATTEST:
________________________________
Town Secretary,
Town of Trophy Club, Texas
APPROVED AS TO FORM:
________________________________
Town Attorney,
Town of Trophy Club, Texas
199
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.D.4
Discuss and take appropriate action regarding an Ordinance amending
Chapter 1, entitled "Administration" of the Code of Ordinances, enacting
Section 8.03 DD, entitled "Community Development Department, Expired
Permit Reissuance Fees."
EXPLANATION:
As per the International Building Code, which the Town adopted in Ordinance 2003-24
in August 2004, enacting Permit Reissuance Fees are necessary to be in compliance
with the Town’s adopted International Building Code.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
(clk)
Attachments: 1. Ordinance
200
TOWN OF TROPHY CLUB, TEXAS
TOWN ORDINANCE NO. 2008-XX
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING CHAPTER 1 OF THE CODE OF
ORDINANCES, ENTITLED “ADMINISTRATION”, ARTICLE
VIII, ENTITLED “SCHEDULE OF FEES”, BY AMENDING
SECTION “SECTION 8.03” “COMMUNITY
DEVELOPMENT DEPARTMENT;” PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENT; PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS OR CONTINUES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2007-09 was adopted on February 19, 2007 and
provided for the adoption of a new schedule of fees for the Town of Trophy Club
(hereinafter referred to as “Town”); and
WHEREAS, the Town Council has determined that enacting Expired Permit
Reissuance Fees are necessary to be in compliance with the Town’s adopted
International Building Code which ensures timely project completion; and
WHEREAS, the Town Council hereby finds that the amendment of Section 8.03
of Article VIII, Chapter 1, of the Code of Ordinances as further specified herein 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.
AMENDMENT
2.01 Article VIII entitled “Schedule of Fees” of Chapter 1, entitled “Administration” of
the Code of Ordinances of the Town is hereby amended to revise Section 8.03, entitled
“Community Development Department” so that Section 8.03 is hereby revised to enact
as follows:
DD. Expired Permit Reissuance Fee:
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As per Section 105.3.2 of the 2003 International Building Code, a permit for
any purposed work shall be deemed to be abandoned after 180 days of
permit issuance, unless project completion has been pursued in good faith
since permit issuance; except that the Building Official is authorized to grant
one or more extensions of time, additional periods not to exceed 90 (ninety)
days each. The extension shall be requested in writing and justifiable cause
demonstrated and the Building Official will approve or deny the request in
writing.
A Reissuance fee of 50% of the original building permit cost is required to
reactivate any expired permit where an extension was not requested and/or
approved.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the permit fees and fees for the re-issuance of expired permits and shall not
repeal any of the provisions of such Ordinances except in those instances where
provisions of those Ordinances are in direct conflict with the provisions of this
Ordinance; whether such Ordinances are codified or uncodified, and all other provisions
of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with
the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding
the foregoing, any complaint, action, cause of action or claim which prior to the effective
date of this Ordinance has been initiated or has arisen under or pursuant to such
repealed Ordinance(s) shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall be deemed to remain and continue
in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining 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 and by filing this
Ordinance in the Ordinance records of the Town.
SECTION 6.
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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 Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 21st day of January, 2008.
_______________________________
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
_______________________________
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.D.5
Discuss and take appropriate action regarding current situation
surrounding access to Beck Park and the parking lot adjacent to Harmony
Park.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
()
Attachments: 1. March 2002 Lease Agreement
2. December 18, 2006 Council Agenda Item and backup
3. 2006 Unexecuted Compromise Agreement and release
4. Flood plain map
5. Beck Ventures
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.D.6
Discuss and take appropriate action regarding the approval for financing of
new police equipment.
EXPLANATION:
On January 7, 2008, Town Council approved the expenditure of the following items:
In-car Video replacement - $25,152
Installation - $2,100
Software - $1,200
RECOMMENDATION:
ACTION BY COUNCIL:
(sk)
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.D.7
Discuss and take appropriate action regarding an Interlocal Memorandum
of Understanding with the Texas Department of Public Safety for the use of
office space at the DPS building; and authorizing the Mayor or his designee
to execute necessary documents.
EXPLANATION:
This is an annual agreement for renewal
RECOMMENDATION:
ACTION BY COUNCIL:
(sk)
Attachments: 1.Interlocal Memorandum of Understanding
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”), is entered into as of the 21st day of _January_, 2008 by and
between the Town of Trophy Club (“Owner”) having an address at 100 Municipal Drive, Trophy Club, TX 76262,
and the Texas Department of Public Safety (“DPS”).
Whereas, the DPS has requested the Town allow it to use a certain portion of a building currently utilized by the
Trophy Club Police Department; and
Whereas, the Town Council finds it to be in the best interest of public safety to cooperate with the Texas
Department of Public Safety; and
Whereas, Town Council of the Town of Trophy Club finds that the use of office space within the Trophy Club
Police Department building will provide added law enforcement visibility within the Town which will be beneficial
to the public and desires to enter into an agreement to authorize such use; and
Whereas, the Town Council has determined that the execution of this MOU serves a valid governmental
purpose and is beneficial to the general health, safety and welfare of the public.
Now Therefore, in consideration of the mutual promises, conditions and covenants passing between the parties
hereto, it is understood and agreed by and between the parties to this MOU as follows:
This MOU authorizes the Texas Department of Public Safety, as well as any other personnel that support
and/or audit the Texas Department of Public Safety, to access and/or use Office Space as designated for such
as by the Chief of Police, located at 100 Municipal Drive, in Trophy Club, Texas, including the rights of ingress
and egress to the office space and the right to use common areas such as bathroom facilities and parking
space, to the extent such common areas are not part of the actual office space (“Office Space”).
1. OWNER’S RESPONSIBILITIES
1.1.1. Providing the Texas Department of Public Safety with the means to access the Office Space,
such as the keys and any access codes necessary to enter the Office Space.
2. TEXAS DEPARTMENT OF PUBLIC SAFETY’S RESPONSIBILITIES
2.1.1. Cleaning the Office Space, excluding any common areas.
2.1.2. Providing the necessary furniture and office equipment for the Office Space, excluding any
common areas. DPS shall provide all office supplies necessary for DPS operations.
3. Consideration:
As consideration for the use the Office Space, DPS will provide valuable training and expertise on the
investigation of motor vehicle accidents to the Trophy Club Police Department.
4. TERMS AND CONDITIONS
4.1. Term -The term of this MOU shall be for a period of one (1) year, commencing on the 21st day of
January 2008, and terminating on the 20th day of January, 2009. The parties have the option to
renew this MOU for 5 (five) additional terms of 1 (one) year each. Either party may terminate this
agreement upon at least thirty (30) days written notice.
4.2. Title and Scope of Use: The Texas Department of Public Safety shall have no right, title or
interest in the Office Space, except the right to use as detailed herein. However, this MOU only
authorizes the Texas Department of Public Safety to use the Office Space and only imposes the
responsibilities listed in Section#2 above.
4.3. Venue Exclusive venue for any dispute arising out of this MOU shall be Denton County, Texas.
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4.4. Choice of Law – This MOU shall be construed and governed by the laws of the State of Texas.
4.5. Severability Clause – If one or more provisions of this MOU, or the application of any provision
to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the
remainder of this MOU and the application of the provision to other circumstances shall remain
valid and in full force and effect.
4.6. No liability for employees and officers –Each party to this MOU agrees that it shall have no
liability whatsoever for the actions and/or omissions of the other party’s employees, officers or
agents, regardless of where the individual’s actions and/or omissions occurred. Each party is
solely responsible for the actions and/or omissions of its employees, officers and agents;
however, such responsibility is only to the extent required by Texas law and each party
preserves all defenses and liability limitations legally available to it. Where injury or property
damage result from the joint or concurring acts and/or omissions of the parties, any liability shall
be shared by each party in accordance with the applicable Texas law, subject to all defenses,
including governmental immunity and liability limitations legally available. These provisions are
solely for the benefit of the parties hereto and not for the benefit of any person or entity not a
party hereto; nor shall any provision hereof be deemed a waiver of any defenses available by
law. Notwithstanding the foregoing, each third party law enforcement agency or entity providing
peace officers or personnel to assist the Texas Department of Public Safety remain liable for the
actions of its respective employees. These provisions are solely for the benefit of the parties and
not for the benefit of any person or entity not a party to this MOU; nor shall any provision hereof
be deemed a waiver of any defenses available by law.
4.7. Non-assignment – Neither party may assign or transfer this MOU or any interest in this MOU
without the written consent of the other party.
4.8. Modifications or amendments – No modification or amendment to this MOU shall become
effective unless in writing, signed by both parties, and approved by governing bodies as required
by law.
4.9. Non-incorporation - This MOU embodies the entire agreement between the parties. There are
no oral covenants, agreements, representations, warranties or restrictions between the parties
regarding the Office Space.
4.10. Authority: Any individual signing this MOU on behalf of an entity represents and warrants that
he has full authority to do so.
4.11. Notice/Contact - Any notice required or permitted under this MOU shall be directed to the
respective Parties at the addresses shown below and shall be deemed given: (1) when
delivered in hand and a receipt granted; (2) when received if sent by certified mail, return receipt
requested; or (3) when received if sent by confirmed facsimile:
If to the Texas Department of Public Safety:
Captain Michael Lathan
350 West IH-30
Garland, Texas 75043
Office #: 214.861.2155
If to the Town of Trophy Club:
G. Scott Kniffen
Chief of Police
100 Municipal Drive
Trophy Club, TX 76262
Office # 682.831.4655
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Either of the parties may change its address or designated individual(s) to receive
notices by giving the other party written notice as provided above, specifying the new
address and/or individual and the date upon which it shall become effective.
The undersigned parties bind themselves to the faithful performance of this MOU.
FOR THE TEXAS DEPARTMENT OF PUBLIC SAFETY
____________________________
Authorized Signature
____________________________
Title
____________________________
Date
FOR THE TOWN OF TROPHY CLUB
____________________________
Nick Sanders
Mayor_______________________
Title
____________________________
Date
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.D.8
Discuss and take appropriate action authorizing the Town Manager to enter
into a contract with the Elim Group for training purposes.
EXPLANATION:
The Town of Trophy Club has received 7 proposals for Employee Training Services. After checking
references and talking to Mike Conduff, it is apparent that The Elim Group is best suited to meet the
training needs of Trophy Club. Since this will be an unbudgeted expenditure, it is being brought to the
Council for consideration.
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Training Facilitator Breakdown
2. Course Description
3. 2008 Proposal
4. 2008 Training Agreement
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Description of Training Modules
for Trophy Club, Texas
• DiSC and Team Building
The most validated of all of the personality profiling tools, DiSC allows us to
understand our own behaviors and learning styles as well as the styles of others.
Participants will complete an online diagnostic tool, and the results will be used to
improve teamwork among the City’s Leadership Team.
• Gold Medal Customer Service
The hallmark of any great city or organization is the level of customer service it
exhibits. This session examines the four levels of acceptable customer service in the
local government arena and ties those to a methodology for achieving them.
• The Ethics of Public Service
In the “good ole days” right and wrong behavior seemed to be easy to define and the
gray areas were few. However the municipal workplace of today is much more
complicated than in the past. This is due both to legislation affecting cities and the
employer/employee relationship, and to decisions organizations have made to
improve business processes. This session will discuss local government ethics
today, identify areas of risk and identify leadership accountability for setting an
ethical standard.
• High Performance Teams
New approaches to management and leadership have quickly taken hold in our
dynamic municipal world. In order to keep up with this fast-paced change and the
ability to manage it effectively, we need a commitment to establish a greater degree
of teamwork among employees with more responsibility delegated across the
organization. Building High Performing Teams focuses on the concepts of goal
setting, empowerment, and measuring productivity. These tools will equip you to
meet today’s challenge of doing more with less.
• Celebrating Differences in the Workplace
In this engaging session participants will come to recognize the need for inclusion in
the workplace and learn how to implement steps to leverage a diverse workforce in
becoming a higher performing organization.
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• Dealing with Negaholics
Negaholics in the workplace affect morale, teamwork, and productivity. This session
will explore ways to deal with Negaholics and overcome the effect they have on your
team by learning how to constructively address negativity.
• The Power of Emotional Intelligence
If leaders fail in the primal task of driving emotions in the right direction, nothing else
they do will matter. Great leaders move their teams by igniting passion and inspiring
success. The Power of Emotional Intelligence acknowledges and applies the
complex mix of social and interpersonal behaviors that incorporate intuition,
character, integrity, motivation, communications ability, and relationship skills.
• Generations in the Workplace
For the first time ever there are four distinct generations in the workplace at the same
time. Through this course participants will identify and understand the impact of
Generational Themes on and in the workplace, learn management and co-worker
strategies that will lead to greater harmony and productivity and apply their learning
to current workplace challenges.
• Managing Change
For any change initiative to be effective, the change process must be aggressively
managed. This session trains participants to lead and manage change successfully.
The course starts with a self diagnostic tool, moves into a change management
mode, and through case study and practical discussion defines the components of
an effective change initiative. Participants plan the implementation of change facing
their workgroups as the closing application exercise.
• Graduation!
Mike is a master of motivation. This graduation session will be energizing and
encouraging and will draw upon Mike’s 30 year career in local government for real
world examples. As the wrap-up to the year long training series participants will walk
away enthused about what they have learned and excited to implement it in their
workplaces.
Michael A. Conduff
President and CEO
The Elim Group
Your Governance Experts
10 Royal Oaks Circle, Suite # 201
Denton, Texas 76210-5576
Voice: 940-382-3945
Fax: 940-382-3845
mike.conduff@TheElimGroup.com
www.TheElimGroup.com
We Help You Create YOUR Oasis!
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December 15, 2007
Brandon Emmons
City Manager
Town of Trophy Club
Trophy Club, Texas 76262
Re: 2008 Training Series
Dear Brandon:
Thanks so much for the opportunity to visit with you and Stephen about your training
needs for your staff. I am honored you have selected me to do this for you.
As you requested I am attaching a proposed agreement, schedule and description of
the trainings.
Please take a look at the dates. I have tried to stay mainly on non-council-meeting
week Tuesdays, although for scheduling reasons (especially around holidays) there
are three Wednesdays. Of course I will be happy to work with you on any of the
dates.
I have also suggested topics in a manner that builds capacity for you. I do have many
more sessions I can recommend if you would like to switch any.
Again, thanks for the opportunity. I look forward to working with you in 2008!
Sincerely,
Mike
Michael A. Conduff
President & CEO
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This agreement is entered into on this xx day of January, 2008, between Mike Conduff, President
and CEO of The Elim Group of Denton, TX (Consultant) and The City of Trophy Club, Texas
(Client.)
1. Consultant Obligations. Consultant agrees to provide the following services:
Develop, Prepare and Deliver a series of custom half-day trainings for the approximately 70 City
staff, which will include best practice learnings and skills.
1.1. Dates of on-site service: (Dates and Topics Proposed)
1.1.1. January 30th, 2008 DiSC, Teambuilding and Intro (for Department Directors)
1.1.2. February 26th, 2008 “Gold Medal” Customer Service
1.1.3. March 26th, 2008 The Ethics of Public Service
1.1.4. April 29th, 2008 High Performance Teams
1.1.5. May 27th, 2008 Celebrating Differences in the Workplace
1.1.6. June 24th, 2008 Dealing With Negaholics
1.1.7. September 30th, 2008 The Power of Emotional Intelligence
1.1.8. October 28th, 2008 Generations in the Workplace
1.1.9. November 19th, 2008 Managing Change
1.1.10. December 9th, 2008 GRADUATION! A Motivational Experience
1.2. All development and preparation days are included in the financial terms.
1.3. Location: TBD in or in close proximity to Trophy Club, Texas.
1.4. Materials: Each participant will receive a full set of diagnostic materials and handouts.
2. Client Obligations. Client agrees to assume responsibility for the following:
2.1. Designate one contact person for effective communications between Client and Consultant.
2.2. Provide all necessary logistical, site based and communication requirements applicable to
this engagement.
2.3. Provide the necessary audio/visual/presentation equipment.
2.3.1. LCD/DLP Projector for laptop and Screen of sufficient size for the audience.
2.3.2. Wireless Remote Microphone (if necessary.)
3. Financial Conditions.
3.1. This series of trainings will be offered for the all inclusive discounted rate of $22,000, with
half to be paid upon acceptance, with the balance due June 1st, 2008.
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3.2. No mileage or other travel expenses will be charged.
3.3. No copying or materials expenses will be charged.
3.4. DiSC evaluations (on-line or paper) will be provided for $50.00 each; and this additional
expense will be billed separately.
4. Emergencies and Cancellation.
4.1. In the event of cancellation of any of the trainings by Consultant or Client due to illness or
unforeseen emergency, the Consultant and Client will mutually work to reschedule the
training.
4.2. In the event Consultant or Client are unable to conduct one or more of the trainings due to
acts of God, Consultant and Client will mutually work to reschedule the training.
4.3. In the event Client voluntarily cancels any trainings Client agrees to pay Consultant a
cancellation fee of $1500.00 per canceled training. Consultant and Client will reconcile the
amount to be paid or returned based on the timing of the cancelation.
5. Other Provisions.
5.1. Consultant shall have exclusive control over the means, methods and details of fulfilling the
obligations herein provided.
5.2. This instrument sets forth the entire agreement between Consultant and the Client. This
contact shall become effective when accepted and executed by both the Client and
Consultant. It shall not be changed, modified or waived in whole or in part except by
execution of an instrument in writing signed by the parties.
Accepted:
By: ___________________________________ Date:________________
Mike Conduff, President and CEO
By: ____________________________________ Date: ________________
Brandon Emmons, City Manager
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.D.9
Discuss and take appropriate action to approve Minutes dated, September
24, 2007.
EXPLANATION:
Council member Moss was absent from this meeting.
RECOMMENDATION:
ACTION BY COUNCIL:
(sld)
Attachments: 1. Minutes dated, September 24, 2007.
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MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, September 24, 2007
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, September
24, 2007. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Susan Edstrom Mayor Pro Tem
Pam Cates Council Member
Philip Sterling Council Member
Kathleen Wilson Council Member
TOWN COUNCIL MEMBERS ABSENT:
Jim Moss Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Sakura Moten-Dedrick Finance Director
Patricia Adams Town Attorney
Adam Adams Parks and Recreation Director
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Carolyn Huggins Planning Coordinator
Shannon DePrater Computer Support Specialist
A.1 Call to order and announce a quorum.
Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present.
A.2 Invocation.
Council member Sterling gave the Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God and
indivisible."
Council member Cates led the Pledges.
A.4 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.
No citizen presentations.
A.5 Presentation by Council member Cates regarding America Supporting Americans and
discussion of same.
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Council member Cates made a presentation to the Council. Cates shared that the program has been
expanded to include the adoption a specific military person. Cates expressed that she has already spoke
to the schools and has received a lot of support. Cates gave a list of acceptable and unacceptable items
and deadlines for shipping.
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.
B.1 Consent Agenda: Discuss and take appropriate action to approve the variance report
dated July 2007.
Motion made by Mayor Pro Tem Edstrom, seconded by Council member Sterling to approve the variance
report dated July 2007. Motion passed unanimously without further discussion.
TOWN COUNCIL CONVENED INTO PUBLIC HEARING AT 7:11 P.M.
C.1 Public Hearing: Staff and public comments relative to the Service and Assessment Plan
for Authorized Services (Emergency Services) for the Trophy Club Public Improvement
District No. 1 (The Highlands at Trophy Club), the Assessment Roll, Levy of Special
Assessments against the Property in PID No. 1 and matters contained in the proposed
Ordinance.
No presentations.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION AT 7:12 P.M.
D.1 Discuss and take appropriate action regarding an ordinance of the Town Council of the
Town Of Trophy Club accepting and approving a Service and Assessment Plan for
Authorized Services and Assessment Roll for the Town Of Trophy Club Public
Improvement District No. 1 (The Highlands At Trophy Club); making a finding of special
benefit to the property in the district; levying special assessments against property within
the district; providing for payment of the assessments in accordance with Chapter 372,
Texas Local Government Code, as amended; providing for the method of assessment and
the payment of the assessment; providing penalties and interest on delinquent
assessments, providing for severability; providing for engrossment and enrollment; and
providing an effective date.
Motion made by Mayor Pro Tem Edstrom; seconded by Council member Cates to approve the Service
and Assessment Plan for Authorized Services and Assessment Roll from the Town of Trophy Club Public
Improvement District No. 1.
Motion passed unanimously without further discussion with Mayor Pro Tem Edstrom, Council members
Cates, Sterling and Wilson voting for.
D.2 Discuss and take appropriate action regarding an Ordinance adopting and approving the
Budget for the fiscal year beginning October 1, 2007, and ending September 30, 2008.
Motion made by Mayor Pro Tem Edstrom; seconded by Council member Cates to approve the Budget for
the fiscal year beginning October 1, 2007 and ending September 30, 2008.
Motion passed unanimously without further discussion.
D.3 Discuss and take appropriate action regarding an Ordinance fixing and levying Municipal
Ad Valorem Taxes for the Town for the fiscal year beginning October 1, 2007, and ending
September 30, 2008.
Council member Sterling moved that property taxes be increased by the adoption of a tax rate of .43051.
Mayor Pro Tem Edstrom seconded.
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Mayor Sanders reiterated that the actual tax rate is not being increased; however, the tax revenues
generated from the tax rate is increasing, due to increasing appraisal value on existing homes and any
new homes. The tax rate will remain unchanged from last year, but due to legislation, the language
incorporated in the motion is required.
Motion passed unanimously without further discussion with Mayor Pro Tem Edstrom, Council members
Cates, Sterling and Wilson voting for.
D.4 Discuss and take appropriate action to ratify the property tax increase reflected in the
previously approved Town Budget for the fiscal year beginning October 1, 2007, and
ending September 30, 2008.
Mayor Pro Tem Edstrom moved that this budget will raise more total property taxes than last year’s
budget by $271,769, not including rollback, or 9.4% and of that amount, $95,266 ($22,128,652 new
taxable value) is tax revenue to be raised from new property added to the tax roll this year. Council
member Cates seconded.
Mayor Sanders explained that this is a new motion required by legislation for any budget that is adopted
on or after September 1, 2007.
Motion passed unanimously without further discussion with Mayor Pro Tem Edstrom, Council members
Cates, Sterling and Wilson voting for.
D.5 Discuss and take appropriate action regarding a Resolution approving the tax roll of the
Denton Central Appraisal District for 2007.
Motion made by Council member Sterling to approve a Resolution approving the tax roll of the Denton
Central Appraisal District for 2007. Council member Wilson seconded; motion passed unanimously
without further discussion.
D.6 Discuss and take appropriate action repealing Resolution 2006-24 and adopting a new
Resolution appointing members to serve on EDC 4A, EDC 4B, Planning and Zoning
Commission, Tree Board, Zoning Board of Adjustment and the Parks and Recreation
Board.
A. EDC 4A appointments
B. EDC 4B appointments
C. Planning and Zoning appointments
D. Tree Board appointments
E. Zoning Board of Adjustment appointments
F. Parks and Recreation appointments
Mayor Pro Tem Edstrom moved to appoint T. Dwight Morrow and Richard Bell to two-year terms, expiring
in 2009 to the Economic Development Corporation 4A Board. Council member Wilson seconded; motion
carried unanimously without further discussion.
Mayor Pro Tem Edstrom moved to appoint James Hick to a one-year term, expiring in 2008 and appoint
Larry Crosser, Rebecca Shuman, Damian Olthoff and Doyle Nicholson to two-year terms, expiring in
2009 to the Economic Development Corporation 4B Board, leaving one vacant position, expiring in 2008.
Council member Cates seconded; motion carried unanimously without further discussion.
Mayor Pro Tem Edstrom moved to appoint Gene Hill, Clayton Reed, Alejandro Sanchez and Dale Forest
to two-year terms, expiring in 2009 to the Planning and Zoning Commission. Council member Cates
seconded; motion carried unanimously without further discussion.
Mayor Pro Tem Edstrom moved to appoint Steven Kohs and Rick Merrill to the Tree Board. Council
member Cates seconded. After further discussion, Edstrom amended her motion to appoint Steven Kohs
to a one-year term, expiring in 2008, appoint Rick Merrill to two-year term, expiring in 2009, and leave the
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remaining two-year term vacant, so once filled, the person will not be up for reappointment so soon.
Cates seconded; motion carried unanimously without further discussion.
Mayor Pro Tem Edstrom moved to reappoint all current members to the Zoning Board of Adjustment and
to appoint David Equitz, Bob Downey and James Aenchbacher as regular members, James Isherwood as
an alternate member to two-year terms, expiring in 2009 and Bob Radder and Margi Cantrell as regular
members to one-year terms, expiring in 2008. After further discussion, Edstrom amended her motion to
appoint Michael Price as an alternate to a two-year term, expiring in 2009 and Kevin Barry and Doyle
Nicholson as alternates for a one-year term, expiring in 2008. Cates seconded; motion carried
unanimously without further discussion.
Mayor Pro Tem Edstrom moved to appoint Sally Ridgeway to a two-year term, expiring in 2009 and JD
Stotts, Barbara Kadow, Stephen Skeen and Steven Kohs to three year terms, expiring in 2010, leaving
one vacant seat, set to expire in 2009. Council member Wilson seconded; motion carried unanimously
without further discussion.
Motion made by Mayor Pro Edstrom to adopt resolution and appointing all members to all above
appointments. Council member Sterling seconded; motion carried unanimously without further
discussion.
D.7 Discuss and provide input regarding the following documents and matters related to the
Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club) for
infrastructure and related improvements:
A. Service and Assessment Plan for authorized public improvements
B. Discussion of Parkland Improvements for the PID and related Town parkland
improvements.
C. Acquisition, Funding, and Construction Agreement
D. Indenture of Trust for the proposed bond issuance to finance public improvements.
E. Preliminary Limited Offering Memorandum
Bond Counsel, Lila Marsh stated that the documents in the packet have not been changed and asked the
Council for questions.
Discussion ensued regarding parkland and the designation of funds. Ms. Marsh stated that the Attorney
General’s Office expressed concern of existing pool expansion concerning benefits to the PID and the
Town at large. Director Adams has offered to provide a letter to the Attorney General as to how pool
improvements will benefit the development. Ms. Marsh also stated that she feels that a menu type list of
potential improvements that includes a list of what is already at capacity as well as provides a budget for
each improvement may satisfy the Attorney General.
Ms. Marsh asked that Council and Staff push forward with the necessary agreements and not to delay the
schedule.
D.8 Discuss and take appropriate action relative to the Interlocal Agreement between the Town
and the Trophy Club MUDs to provide water and wastewater operational services to the
Town.
Attorneys are still working on agreement, no action taken.
D.9 Discuss and take appropriate action relative to the Interlocal Agreement between the Town
and the Trophy Club MUDs to provide water supply and wastewater treatment and equity
services to the Town.
Attorneys are working on the terminology for the contract, no action taken.
D.10 Discuss and take appropriate action authorizing the Town Manager to initiate research for
a consultant or consultants to analyze the Operation of the Town and Utility Districts as
285
related to cost saving options and possible tax savings for MUD 2 residents if the Town
were to dissolve MUD 2.
Mayor Sanders reminded Council that representatives from Council, MUD 1 and MUD 2 met in early
2006. Sanders shared the goals and objectives, facts and the various scenarios that were evaluated at
that time.
Sanders went on to state the status of each entity in this process and how the Town can move forward.
New objectives and questions were presented, along with possible savings and steps to be taken were
shown in the presentation.
Discussion ensued regarding different possibilities of moving forward and the inclusion of a third party to
help.
Mayor Pro Tem Edstrom made a motion to authorize Town Manager Emmons to research the different
possibilities, not to expend funds. Council member Sterling seconded; motion passed unanimously.
D.11 Items for Future Agenda.
Mayor Sanders stated that the main objective for this agenda item is to allow adequate notice for citizens
to see what is coming forward. The second objective is to help Council not loose track of items and to set
priorities for Staff.
Council member Cates recommended removing item three regarding the drainage ditch from the list.
After some discussion, it was decided to leave this item on the list and allow staff the opportunity to
review and give an update and recommendation.
Council member Wilson asked that her attendance at the grant seminar be added to the list of future
agenda items.
Questions arose as to why not all items are placed on the future agenda items list. Mayor Sanders stated
that it is due to timing; if the agenda item requested is placed on the next meeting agenda, it does not get
added to the future agenda items list.
D.12 Reports. There will be no action taken regarding any individual project posted under this
item and discussion will be limited. If extensive discussion is required, the item may be
placed on a future agenda.
(a) Report from EDC 4B Liaison, Council member Sterling.
(b) Town Manager's Report.
Council member Sterling and Town Manager Emmons updated the Council.
The Council did not convene into Executive Session.
EXECUTIVE SESSION
E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071(2)
"Consultation with Attorney", the Council will enter into closed executive session to
consult with the Town Attorney on a matter in which the duty of the Attorney to the
Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar
of Texas clearly conflict with the Open Meetings Act:
(1) Legal advice relative to the interlocal agreements between the Town and the Trophy Club
MUDs to provide wholesale water, wastewater treatment, and distribution, collection, maintenance
and billing services and options available to the Town for providing water and wastewater
services.
286
*REGULAR SESSION
E.2 Discuss and take appropriate action relative to Executive Session Item Number E1.
F.1 Adjourn.
Motion made by Council member Sterling, seconded by Mayor Pro Tem Edstrom to adjourn.
Meeting adjourned at 9:23 p.m.
_______________________________________ ______________________________________
Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
287
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.D.10
Discuss and take appropriate action to approve Minutes dated, November
30, 2007.
EXPLANATION:
Council member Sterling was absent from this meeting.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated, November 30, 2007
288
MINUTES OF SPECIAL TOWN COUNCIL MEETING FOR
THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB,
TEXAS
Friday, November 30, 2007
5:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Special Session on
Friday, November 30, 2007. The meeting was held within the boundaries of the Town
and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Susan Edstrom Mayor Pro Tem
Pam Cates Council Member
Jim Moss Council Member
Kathleen Wilson Council Member
TOWN COUNCIL MEMBERS ABSENT:
Philip Sterling Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Ramsey Town Secretary
Shannon DePrater Deputy Town Secretary
Patricia Adams Town Attorney
Mike Pastor IS Director
A.1 Mayor Sanders called the Special Session to order at 5:00 p.m. noting a quorum
was present.
A.2 Discuss and take appropriate action regarding a Resolution concerning the
amendment of the Service and Assessment Plan for The Town of Trophy Club
Public Improvement District No. 1 adopted by Ordinance 2007-29; setting a date
for a public hearing; authorizing the publication of notice; and enacting other
provisions relating thereto
Motion made by Edstrom; seconded by Cates to approve.
289
Town Manager Emmons said the meeting is scheduled for December 13th at 7:00 PM in
the Public Service Conference room. The Resolution is to approve the amendments to
the Service and Assessment Plan (SAP) which Council passed on May 7, 2007. The
amendments are needed as the original SAP had a 6.25% interest rate, with a 7.25%
cap for fluctuation. Because the market has increased the cap needs to be adjusted to
8.00% with the assessment bond sale calculated at 7.25%. The project list will remain
the same.
Motion passed unanimously without further discussion.
Council member Cates requested the December 17th Agenda include a presentation by
Captain Climato.
A.3 Adjourn.
Motion made by Edstrom, seconded by Cates to adjourn.
Meeting adjourned at 5:10 p.m.
_________________________ __________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
290
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.D.11
Discuss and take appropriate action to approve Minutes dated, December
13, 2007.
EXPLANATION:
Council member Sterling was absent.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated December 13, 2007
291
MINUTES OF PUBLIC HEARING/SPECIAL SESSION FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
PUBLIC SERVICES CONFERENCE ROOM
Thursday, December 13, 2007
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Thursday, December
13, 2007. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Susan Edstrom Mayor Pro Tem
Pam Cates Council Member
Jim Moss Council Member
Kathleen Wilson Council Member
TOWN COUNCIL MEMBERS ABSENT:
Philip Sterling Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
A.1 Mayor Sanders called the Regular Session to order at 7:00: p.m. noting a quorum was
present.
A.2 Mayor Sanders gave the Invocation.
A.3 Pledges.
Pledges did not occur as the flags are not in the Public Services Conference Room.
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.
Motion made by Cates; seconded by Wilson approving Consent Item B.1.
Motion passed unanimously without any discussion.
B.1 Consent Agenda: Discuss and take appropriate action regarding the ratification of
approval of the Subdivider's Agreement for an 18.368 acre tract of land known as The
Highlands at Trophy Club Neighborhood 9.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING
PUBLIC HEARING
C.1 Public Hearing: Consider an Ordinance of the Town Council of the Town of Trophy Club
amending and approving a Service and Assessment Plan and Assessment Roll for the
Town of Trophy Club Public Improvement District NO. 1 Initially adopted and pursuant to
Ordinance No. 2007-29.
292
Public Hearing Opened at 7:15 p.m.
No one addressed council.
Public Hearing Closed at 7:16 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
D.1 Discuss and take appropriate action regarding an Ordinance of the Town Council of the
Town of Trophy Club amending and approving a Service and Assessment Plan and
Assessment Roll for the Town of Trophy Club Public Improvement District NO. 1 Initially
adopted and pursuant to Ordinance No. 2007-29.
Motion made by Edstrom; seconded by Cates to approve.
Town Manager Emmons discussed the interest change in the Service and Assessment Plan (SAP.) The
interest rate was previously capped at 7.25%. However, due to market conditions that rate will be
unachievable. The new rate is anticipated to be 7.75% thus the need to modify the SAP. The listed
projects contained in the SAP will not be affected by the increased interest rate. Mayor Sanders
reiterated to Council the sale of bonds to Bank of America and then Bank of America will resale the bonds
to another firm in mid-January. Dan Almon from Southwest Securities stated they went back to the buyer
and asked if there were options for early redemption dates if it was favorable to the Town. However,
once the buyer realized there was no buyer competition, they were reluctant to do so. Almon does not
anticipate any redemption savings until the tenth year due to the higher interest rate. Town Manager
Emmons explained the developer is willing to back down on his up front money to ensure all the SAP
projects are funded. Ben Brooks from Vinson and Elkins reminded Council they had previously approved
a SAP in October and wanted to bring it back for two reasons: due to the Parks projects and the
requested language by the AG who wanted specific project phrasing and to change the interest rate to
allow for a maximum of 8% interest rates.
Kirk Wilson from Centurion Development provided a spreadsheet detailing the schedule, which is below
the target rates of City of Fort Worth.
Dan Almon feels this is competitive rate, even with the higher interest rate. Due to the deteriorating credit
market, the bond market is weaker than it was and everyone should be pleased with the current interest
rate for these bonds.
Trip Davenport with Bank of America Securities stated there is a tremendous amount of interest in the
bonds. Bank of America is going to purchase the bonds and then sell them to another firm in mid-
January.
Motion passed unanimously without further discussion.
D.2 Discuss and take appropriate action regarding an Ordinance approving and authorizing
the issuance and sale of the Town of Trophy Club Public Improvement District No. 1
Special Assessment Revenue Bonds, Series 2007 (The Highlands at Trophy Club Project;
approving and authorizing an Indenture of Trust, a Bond Purchase Contract; a limited
offering memorandum, a continuing disclosure agreement and other agreements and
documents in connection therewith; making findings with respect to the issuance of such
Bonds; and providing an effective date.
Motion made by Edstrom; seconded by Moss to approve.
293
Ben Brooks briefly reviewed the proposed ordinance to Town Council and the changes that were made.
Brooks announced the bond sale date is Thursday, December 20, 2007.
Motion passed unanimously without further discussion.
D.3 Discuss, provide input and/or take action as appropriate regarding the following
documents and matters related to the Trophy Club Public Improvement District No. 1 (The
Highlands at Trophy Club) for infrastructure and related improvements:
A. Discuss and take appropriate action on a Construction and Funding Agreement
between the Town and 831 Trophy, L.P. concerning the construction of certain public
improvements within the Town of Trophy Club Public Improvement District No. 1 (The
Highlands of Trophy Club Project).
Motion made by Edstrom; seconded by Wilson to approve.
Town Manager Emmons stated this document detailing how money will be appropriated to various
projects has been before Council several times.
Motion passed unanimously without further discussion.
B. Discuss and take appropriate action on Amendments to the Landowner Agreement for
the Town of Trophy Club Public Improvement District No. 1 (The Highlands of Trophy
Club Project).
Motion made by Wilson; seconded by Cates to approve.
Town Manager Emmons declined to make and further comments on this document.
Motion passed unanimously without further discussion.
E.1 Adjourn.
Mayor Sanders requested that staff three-hole punch and tab all the documents for Town Council files.
Dan Almon from Southwest Securities provided a check to Town.
Motion made by Edstrom; seconded by Cates to adjourn.
Meeting adjourned at 7:50 P.M.
______________________________ ______________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
294
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.D.12
Discuss and receive input regarding the process selecting the Citizen of
the Year.
EXPLANATION:
It is the understanding of staff that the Council would like to have final authority over the
naming of the 2007 Citizen of the Year. At the December 17th Council meeting, Council
recommended that nomination committee of past “Citizens of the Year” be appointed.
This committee would make a recommendation to the Council for the 2007 Citizen of
the Year. The Council will review the recommendations of this committee and then
make the final award. The committee will meet on Wednesday, January 16th and would
like to forward their recommendation to Council prior to the February 4th Council
meeting.
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Insert from December 17, 2007 Minutes
295
December 17, 2007 Minutes
B.8 Discuss and receive input regarding the 2007 Citizen of the Year and Founder's Day Celebration.
Mayor Sanders provided Citizen of the Year first began as a non-council event in which the staff selected
the recipient.
Council member Cates feels Council should have final approval. Town Manager Emmons prefers staff
only provide an administrative role and suggested a committee of the past recipients recommend a
nominee to the Council and Council make the final decision. Council member Wilson supports this
suggestion.
Mayor Sanders explained the plaque in the foyer was dedicated as a memorial to Svore last year at the
Founders’ Day reception. Council member Cates suggested a volunteer appreciation reception in
conjunction with the Founders’ Day. Mayor Sanders asked Council to send a list of volunteers to
Brandon for the invitation list.
296
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.D.13
Discuss and provide input regarding a potential amendment to Chapter X,
entitled "Public Safety", of the Code of Ordinances of the Town of Trophy
Club to enact Article XIV, regulating the use of mobile phones and entitled
"Use of Hand-Held Mobile Telephones Prohibited In School Zones",
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(sk)
Attachments: 1. Highland Park Ordinance
2. University Park Ordinance
297
298
299
300
301
302
303
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.D.14
Discuss and take appropriate action directing the Planning and Zoning
Commission to conduct a land use study for all commercially zoned
properties.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Reference to the Texas Municipal Law and Procedure Manual
By Alan J. Bojorquez
Section 19.05 Avoiding Legal Challenges
Section 19.05 Amendments to Zoning Ordinance – Zone Changes
304
Section 19.05 Avoiding Legal Challenges
As a result of recent court decisions, municipalities can expect challenges to their
zoning regulations. The best insurance is to be sure:
1) That the zoning ordinance is based upon a master plan;
2) That the changes are made based only upon changed conditions which
necessitate changes in the master plan;
3) That the ordinance is uniformly applied to all landowners and that spot zoning is
not allowed;
4) That notice is given of all hearings;
5) That records of all hearings are kept, including all evidence supporting a change
or denial of a change, and evidence showing what the property can be used for;
6) That care is taken not to completely destroy the economic value of a piece a
property;
7) Avoidance, by P & Z members and council members, of even the appearance of
impropriety or conflict of interest; and
8) That neither the zoning ordinances themselves nor their application by municipal
officials violate federal or state anti-discrimination statues protecting racial and
religious minorities, women and the handicapped.
Section 19.05 Amendments to Zoning Ordinance – Zone Change
(a) Requirements to Change a Zoning Regulation or Boundary. Zoning
regulations, restrictions, and boundaries may from time to time be amended,
supplemented, changed, modified, or repealed. LGC §211.002. Typically, a
zoning change only requires a simple majority vote of the city council.
However, the affirmative vote of ¾ of all members of the city council (1) is
needed to change a zoning regulation or boundary, if the city council receives
a written protest against the proposed change signed by the owners of at
least 20% of either:
(1) the area of the lots or land covered by such proposed change, or
(2) the area of the lots or land immediately adjoining the area covered by the
proposed change and extending 200 feet from that area. LGC
§211.006(d).
(b) Inclusions in Computation. In computing the percentage of land area, the
areas of streets and alleys shall be included in the computation. LGC
§211.006(e).
(1) This means ¾ of the total actual members of the city council, not just ¾ of he
members present at the time of the vote.
305
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.D.15
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Items for Future Agendas
1. Review of the Property Maintenance Ordinance. Council member Cates
2. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration
of improvements for area to create a linear park. Mayor Sanders - Council member Cates
3. Discuss and receive input regarding an Ordinance amending Section 4.05(B)(2) of Article IV, Chapter
5 of the Code of Ordinances relating to number, size and placement of political signs.
4. Discuss and take appropriate action regarding an Ordinance for the Indemnification of Officers as it
relates to section 3.21 of the Town Charter.
5. Discuss and receive input regarding an Ordinance amending Section 6.01(E)(4) of Article VI ”Town
Council Rules of Procedure,” Chapter 1of the Code of Ordinances relating to Presentation by
Citizens. Council member Moss
6. Discuss and receive input regarding an Ordinance amending Article II, ”Traffic and Vehicles” of the
Code of Ordinances relating to prohibiting cell phones in School Zones. Mayor Pro Tem Edstrom
7. Discuss and receive input regarding an Ordinance amending Article II, ”Traffic and Vehicles” of the
Code of Ordinances relating to speed limit reduction. Council member Moss
8. Town Manager Emmons to provide an update on the water feasibility study progress and whether the
MUDs are willing to participate. Council member Wilson
9. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and
discussion of same.
306
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.D.16
Reports. There will be no action taken regarding any individual project
posted under this item and discussion will be limited. If extensive
discussion is required, the item may be placed on a future agenda.
(a) Town Council report from EDC 4B Liaison, Council member Sterling.
(b) Town Manager's Report.
Attachments: 1. None
307
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.E.1
Council to convene into executive session for Consultation with the Town
Attorney on a matter in which the duty of the attorney to the governmental
body Pursuant to Texas Government Code, Annotated, Subchapter 551,
Section 551.071 (a) & (b) "Consultation with Attorney", the Council will
enter into executive session to discuss the following:
1) Legal Advice relative to Value Place Signage
308
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.E.2
Discuss and Take Appropriate Action on Review of Value Place Hotel East
Elevation Signage.
309
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.E.3
Discuss and take appropriate action relative to Executive Session Item
Number E1.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
310
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-21-2008
Subject: Agenda Item No.F.1
Adjourn.