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Agenda Packet TC 09/22/2008 1 Town of Trophy Club Town Council Public Hearing/Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, September 22, 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 Presentation and volunteer recognition by Police Chief Kniffen regarding the animal shelter and discussion of same. A.5 Citizen Presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. A.6 Presentation from the Tarrant Regional Transportation Coalition and discussion of same. B.1 Consent Agenda: Discuss and take appropriate action regarding the Interlocal Agreement with Northwest Independent School District for School Resource Officer services for 2008-09. C.1 Public Hearing regarding a proposed Zoning Change from "CR" Commercial Recreation to "CG" Commercial General for an approximate 6.568 Acres (Located on Trophy Club Drive adjacent to the Country Club Tennis Courts), requested by Baird, Hampton & Brown, Inc. on behalf of Centurion Acquisitions, L.P. (current owners) of the tract. D.1 Discuss and take appropriate action regarding an Ordinance amending Ordinance No. 2000-06 P&Z of the Town, the "Comprehensive Zoning Ordinance" and amending the Official Zoning Map of the Town by changing the zoning on a 6.568 acre tract of land from "CR" Commercial Recreation to "CG" 2 Commercial General (Subject Land located on Trophy Club Drive adjacent to the Country Club Tennis Courts), (ZCA-08-014), as requested by Baird, Hampton & Brown, Inc., on behalf of Centurion Acquisitions, L.P. (current owners). D.2 Discuss and take appropriate action regarding a Resolution amending Resolution 2008-21, accepting a Service and Assessment Plan for authorized services (Emergency Services) for the Town Of Trophy Club Public Improvement District No. 1 (The Highlands At Trophy Club); setting a new date for a public hearing; authorizing the publication of notice; enacting other related provisions; and providing an effective date. D.3 Discuss and take appropriate action regarding an Ordinance of the Town Council of the Town Of Trophy Club accepting and approving an update of the Service and Assessment Plan and Updated Assessment Roll for Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club); adopting findings and other related provisions; and providing an effective date. D.4 Discuss and take appropriate action regarding an Ordinance adopting and approving the Budget for the fiscal year beginning October 1, 2008, and ending September 30, 2009. D.5 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, 2008, and ending September 30, 2009. D.6 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, 2008, and ending September 30, 2009. D.7 Discuss and take appropriate action regarding a Resolution approving the tax roll of the Denton Central Appraisal District (DCAD) and Tarrant Appraisal District (TAD) for 2008. D.8 Discuss and take appropriate action regarding an Interlocal Cooperation Agreement for Fire Protection Services between Trophy Club Municipal Utility District No. 1, Trophy Club Municipal Utility District No. 2 and the Town of Trophy Club. D.9 Discuss and take appropriate action regarding the calling of a Special Council Session on Monday, September, 29, 2008 and subjects for consideration at the meeting. D.10 Items for Future Agenda. 3 D.11 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's Report. (b) Town Council report from EDC 4B Liaison, Council member Strother. (c) Town Council report from Master District Liaison, Council member Wilson. E.1 Adjourn. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-22-2008 Subject: Agenda Item No.A.1 Call to order and announce a quorum. (lh) 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-22-2008 Subject: Agenda Item No.A.2 Invocation. Invocation to be offered by Council member Wilson. 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-22-2008 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." Pledges to be led by Council member Edstrom. 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-22-2008 Subject: Agenda Item No.A.4 Presentation and volunteer recognition by Police Chief Kniffen regarding the animal shelter and discussion of same. EXPLANATION: Police Chief Kniffen to recognize Lisa Owens and Beth Levin for their for their help assisting with the care and clean up of the Animal Shelter and Hailey Eagan for her effort conducting a fund raiser and donating the money raised to the Trophy Club Animal Shelter. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-22-2008 Subject: Agenda Item No.A.5 Citizen Presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. (lh) 9 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-22-2008 Subject: Agenda Item No.A.6 Presentation from the Tarrant Regional Transportation Coalition and discussion of same. EXPLANATION: Vic Suhm, Executive Director of Tarrant Regional Transportation Coalition will make a presentation to the Town Council. TRTC is a non-profit membership organization, made up of Chambers of Commerce, cities, counties, transportation agencies and business and civic groups – all of whom are actively involved in advocating for solutions to increasing congestion and decreasing air quality in the western half of the Metroplex. TRTC has a short, but powerful, PowerPoint presentation that addresses our region’s looming transportation crisis. People are spending more and more time stuck in traffic, and more and more money on gasoline as they sit idle on our freeways. With the population growth we are seeing, particularly n our region, we will need substantial investment in transportation infrastructure – roads, rails, busses, etc. – to be able to move people and goods efficiently and not further compromise our air quality. The 20-minute TRTC presentation is designed to be very approachable and educational. It is not “jargony” or technical, and is not political. Basically, it’s a primer on transportation, how funding decisions get made, and what transportation may look in 20-25 years like given the current population estimates. We’ve already presented this information to Chamber of Commerce, City Councils, Rotary Clubs, business leadership groups and County Commissioners courts throughout the Metroplex. Tarrant Regional Transportation Coalition’s web site address www.trtcmobility.org RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Vic Suhm’s biography 10 Vic Suhm serves as Executive Director of the Tarrant Regional Transportation Coalition and as Senior Consultant to the North Texas Commission. He is a registered lobbyist in Texas, focusing on transportation, air quality, water resources, and other key issues important to the North Texas economy and quality of life. He works closely with several public interest groups, including the Texas Urban Transportation Alliance, the Texas Clean Air Working Group, the Texas Environmental Research Consortium, the Dallas/Fort Worth Area Partners in Mobility, and the Region C Water Planning Group. Vic’s experience includes 18 years in city management, 5 years in real estate development, and 16 years in consulting. He has served as Partner of the Trammell Crow Company, Assistant City Manager of Dallas, and city manager of suburban communities in Ohio and Michigan. He has been a part of the Reinventing Government Network of the Public Strategies Group. Vic has a master’s degree from the University of Kansas and has done post graduate work at MIT’s Sloan School of Management. He and his wife Aili live in Grapevine Vic Suhm vic@ntc-dfw.org Executive Director Tarrant Regional Transportation Coalition Senior Consultant North Texas Commission 11 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-22-2008 Subject: Agenda Item No.B.1 Consent Agenda: Discuss and take appropriate action regarding the Interlocal Agreement with Northwest Independent School District for School Resource Officer services for 2008-09. EXPLANATION: RECOMMENDATION: Staff recommends approval. ACTION BY COUNCIL: (SK) Attachments: 1. Interlocal Agreement 12 STATE OF TEXAS § Interlocal Agreement by and between § The Town of Trophy Club, Texas, and § Northwest Independent School District for COUNTY OF DENTON § School Resource Officer Services This Agreement is entered into upon the date of the last party's signature to this Agreement and is between the Town of Trophy Club, Texas, a home rule municipal corporation located in Denton and Tarrant Counties, hereinafter referred to as the "Town", and Northwest Independent School District, a Texas District located in Denton, Tarrant and Wise Counties, Texas and hereinafter referred to as the "District". The Town and District made the following findings in entering into this Agreement: WHEREAS, this Agreement for School Resource Officer is made pursuant to the authority of the Texas Government Code 791.001 -791.0029, known as the Interlocal Cooperation Act; and WHEREAS, the expense of any payments or performance required by this Agreement shall come from current revenues legally available to the parties; and WHEREAS, the subject of this Agreement is necessary for the benefit of the public and the students and each party and that the performance and payment fairly compensates both parties; NOW, THEREFORE, for and in consideration of the mutual undertakings hereinafter set forth and for adequate consideration given, the parties agree to cooperate in securing the placement of one School Resource Officer for the District as follows: I. Town Obligations The Town agrees to provide one (1) fully qualified peace officer who will be assigned by the Town to serve as the School Resource Officer for the Lake View Elementary, Samuel Beck Elementary, and Medlin Middle Schools, all of which are located at the District property in Trophy Club in Denton, County, Texas. The Town further agrees to supply any and all necessary equipment, including but not limited to uniforms, radio, vehicle, and personal defense equipment for the School Resource Officer. The Town agrees to provide all of the above to the District, for the consideration provided in sections V below. II. Duties of School Resource Officer 2.01. Duties. The duties of the School Resource Officer referenced in Section I above shall include, but are not limited to, the following activities: 13 A. Protecting the safety and welfare of any person within the jurisdiction of the officer, and protecting the property of the District, as required by Texas Education Code § 37.081 (d); B. Patrolling school property during and after school hours; C. Answering calls for assistance from school officials at his or her assigned campus or as otherwise approved by the Chief of Police; D. Making reports on criminal activities and filing of cases with proper authorities; E. Answering calls and facilitating dispute resolution between students, students and school authorities, parents and school authorities, or any other agreed upon disputes; F. Investigating alarms, both burglary and fire; G. Answering calls for assistance with custody disputes; H. Eating with the students several times a month in order to give the students the chance to know the officer as a friend and not someone to distrust; I. Presenting programs to the students and teachers, including programs on drugs, alcohol and other important issues; J. Meeting with the student council, or other similar groups, whenever needed or requested; and K. Providing testimony in student discipline conferences and hearings, as requested by the District. 2.02. Property Damage. The Town of Trophy Club or it's Police Department will not under any circumstances be responsible for any property belonging to the District, it's officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged as result of the action or inaction of the School Resource Officer. District shall hold Town harmless for all such property loss or damage. III. Assignments For the 2008·2009 school year, the School Resource Officer will serve on one of the assigned District campuses on a daily basis as frequently as possible given the requirements of the grant through which the position is partially funded. The grant requires that the School Resource Officer also provide regional assistance as a Juvenile Investigator and those responsibilities may take the officer off-campus while the investigations are ongoing. Investigations that are not related to the requirements of the grant may be undertaken by the School Resource Officer upon the request of the District with prior approval of the Town’s Chief of Police. IV. District Obligations The District shall provide the following: (1) Office space at Medlin Middle School; and (2) Computer, telephone, and other office equipment as needed by the School Resource Officer for the performance of his or her duties hereunder. 14 V. Funding/Consideration Funding for the School Resource Officer shall be provided as follows: In consideration of the services provided and cross promises hereunder, for the school year of 2008-2009, the District shall pay the Town an amount not to exceed TWENTY ONE THOUSAND TWENTY FOUR AND NO/100 DOLLARS ($21,024.00) for the maintenance of the School Resource Officer. Notwithstanding the contribution of funds from the District, the Town shall remain responsible for the balance of the funding required to maintain the officer’s salary and standard Town employee benefits package. At all times under this Agreement, and not withstanding any contribution of funds by the District, the Town shall remain responsible for the withholding of income taxes and Social Security, and for workers compensation, disability benefits and insurance requirements for the School Resource Officer in accordance with the Town’s standard employee benefits package then in existence. The Town will also ensure that the District remains listed as an additional insured on any policy covering the officer's activities and duties. Funding for renewal years, if applicable, shall be negotiated by the parties and documented in a written modification to this Agreement approved by the respective governing body for each party hereto in accordance with the terms of this Agreement. VI. Term The term of this Agreement shall be in effect for the 2008-2009 school year with an initial term of one (1) year commencing on or about August 1, 2008 and ending on or about June 1, 2009 (hereinafter “Initial Term”). After the Initial term, this Agreement may be renewed annually for ten (10) additional terms of one (1) year each by written agreement of the parties approved by their respective governing bodies unless otherwise terminated as provided herein. This Agreement may be terminated by either party upon ninety (90) days written notice prior to the end of the Initial term or any renewal term. VII. Replacement The District may, for cause, request a replacement of the School Resource Officer. Such a request shall be made through the Town’s Chief of Police, shall be in writing and shall set forth the basis for the request. A replacement School Resource Officer shall be provided as soon as possible giving due consideration for the Town’s staffing level and time required to complete the outside hiring process as necessary. The Town shall have the authority to change personnel serving as the School Resource Officer at any time as determined appropriate by the Town’s Chief of Police. In the event that Town changes such personnel for any reason other than termination of the individual serving 15 as School Resource Officer, Town shall provide written notice to District of such personnel change. VIII. Notices Notice to the Town shall be accomplished by registered or certified United States Mail, postage prepaid, return receipt requested and address as follows: Town Manager Town of Trophy Club 100 Municipal Dr. Trophy Club, Texas 76262 Notice to the District shall be accomplished by registered or certified United States Mail, postage prepaid, return receipt requested and address as follows: Superintendent of Schools Northwest Independent School District P.O. Box 77070 Fort Worth, Texas 76117 IX. Town Employee The School Resource Officer shall at all times remain an employee of the Town subject to the personnel policies of the Town and Standard Operating Procedures of the Trophy Club Department of Public Safety. Subject to Section III of this Agreement, the District shall have the authority to make decisions regarding the officer's placement and schedule while on-duty at the District. In non-emergency situations, the District shall request authorization from the Town’s Police Department if the School Resource Officer is needed outside of the Town of Trophy Club or is needed to perform duties not directly related to the requirements of the grant. Authorization must be provided by either the Chief of Police or his designee. X. Governmental Immunity Neither the Town nor the District waives or relinquishes any governmental immunities or defenses on behalf of themselves, their trustees, officers, employees and agents as a result of the execution of this Agreement and the performance of the functions or obligations hereunder. Both parties agree that the services provided hereunder are exclusively governmental functions. XI. Miscellaneous 16 11.01. Venue. This Agreement is made in Texas and shall be construed, interpreted and governed by Texas laws, and venue for any disputes or actions arising hereunder shall be exclusive in Denton County, Texas. 11.02. No Third Party Beneficiaries. By entering into this Agreement, the parties do not intend to create any rights or obligations other then those specifically set forth herein and this Agreement shall not create any rights in persons not a party to this Agreement, including without limitation, any individual serving hereunder as the School Resource Officer. 11.03. Authority to Bind. The undersigned officer and/ or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. 11.04. Modifications. All modifications to this Agreement shall be in writing and approved by the respective governing body for each party. 11.05. Entire Agreement. This Agreement embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein and, except as otherwise provided herein, cannot be modified without written agreement of the parties as provided herein. 11.06. Non-Waiver. It is agreed that one (1) or more instances of forbearance by CITY in the exercise of its rights herein shall in no way constitute a waiver thereof. 11.07. Severability. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 11.08. Independent Contractor. Each party covenants and agrees that it is an independent contractor and not an officer, agent, servant or employee of the other party; that subject to the terms of this Agreement, Town shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants. Nothing herein shall be construed as creating a partnership or joint enterprise between Town and District. IN WITNESS WHEREOF, the parties have executed this Contract as of the dates shown below their respective signatures. 17 Northwest Independent School District ________________________________ Title: Date: _________________________ ATTEST: ________________________________ APPROVED AS TO FORM: ________________________________ NISD ATTORNEY TOWN OF TROPHY CLUB, TEXAS By:_____________________________ Mayor, Nick Sanders Date: _________________________ ATTEST: ________________________________ TOWN SECRETARY APPROVED AS TO FORM: ________________________________ TOWN ATTORNEY 18 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-22-2008 Subject: Agenda Item No.C.1 Public Hearing regarding a proposed Zoning Change from "CR" Commercial Recreation to "CG" Commercial General for an approximate 6.568 Acres (Located on Trophy Club Drive adjacent to the Country Club Tennis Courts), requested by Baird, Hampton & Brown, Inc. on behalf of Centurion Acquisitions, L.P. (current owners) of the tract. Applicant: Centurion Acquisitions, L.P. (current owner) 3901 W. Airport Freeway, Suite 200 Bedford, TX 76021 Requested Action: Rezone from “CR” Commercial Recreation to “CG” Commercial General Purpose: Day Care/Retail/Office Uses to be known as “Trophy Club Commons” Five buildings are conceptually proposed: Three buildings of approximately 5,800 sq. ft. each and one building of approximately 10,500 sq. ft. to contain retail/office uses. One building of approximately 14,000 sq. ft. to contain a day care facility. Location: On Trophy Club Drive adjacent to the Country Club Tennis Courts Size: 6.568 acres Existing Land Use: Vacant land Surrounding Land Use: North: “CR” Commercial Recreation property belonging to the Trophy Club Country Club for use as Tennis Courts, related uses and golf course South: PD-21 “Plaza” Shopping Center and “CR” zoned property privately owned by Beck Properties. 19 East: “R-10” Single Family Residential West: First Baptist Church, 800 Trophy Club Drive Comprehensive Land Use Plan: The Comprehensive Land Use Plan (1997) calls for low density residential for this property; however, with the 697-acre Highlands residential development to the north, Staff suggests a practical application of this land would be commercial zoning to provide services for the current and future residents of Trophy Club. Commercial General District Regulations: The purpose of the Commercial General district is to provide locations for local neighborhood shopping and personal service needs of the surrounding area to accommodate general retail shopping and low intensity business or professional offices that are designed and sited to be compatible with nearby residential uses and which primarily provide services to residents of the community. The applicant proposes a 5-building site with the largest building containing a day care center, and the other four buildings providing retail and office uses. The uses allowed in the CG district are as follows: (Any use not expressly permitted is prohibited.) EDUCATIONAL 20 Children’s Day Care Center & Kindergarten Schools, Private Business & Professional Schools, Primary & Secondary COMMUNITY FACILITIES Municipal Admin, Public Service Facilities Park, Playground, Playlots, Related Facilities Public Safety Facilities Social, Recreational, Assembly Bldgs Utility Facilities, Distribution Lines Utility Facilities, Office PROFESSIONAL Accounting Office Admin, Executive, Editorial Office Architectural, Eng, Planning Office Attorney’s Office Insurance Office Personal/Family Counselor Physician and/or Dentist Public Secretary Barber, Beauty, Styling Shops Health, Athletic Shops Medical, Dental, Chiropractic, Optometry, etc. Real Estate Office Tanning Salon Travel Bureau or Agency Weight Reduction Studio RELIGIOUS AND PHILANTHROPIC Churches, Temples & Synagogues RECREATIONAL Private Health Club RETAIL Art Studio Art Supply Store Arts, Crafts, Hobby Shops Bakery Shops Bicycle Shop Confectionary Shop Dairy Food Shop Dance Studio Drug Store, Apothecary, Pharmacy 21 Dry Cleaners, Pick-up and Drop-off Duplication and Mailing Service Electrical Goods and Fixtures Fabric and Knitting Shop Florist Grocery Store Hardware Store Household Appliance Store Household Furnishings, Fixtures Ice Cream Shop Jewelry, Watch Store Music Store Tanning Salon Pawn Shop Photograph Service & Studio Printing, Publishing, Engraving Sporting Goods Store Wallpaper, Paint Store Wearing Apparel Store Conditional Use Permits are required for uses that typically may have some special impact or uniqueness which requires a careful review of their location, design, configuration and special impact to determine their establishment on any given site. These requests go before the Planning & Zoning Commission and Town Council for consideration. A Conditional Use Permit would be required for the following businesses to be located in a Commercial General district: Cultural Buildings and Facilities Government Maintenance Building, Storage Yards Privately Owned and Operated Playground Radio, Television, Microwave Towers Restaurant Restaurant with Alcoholic Beverage Sales Community Center (Non-Profit) Swimming Pool, Tennis Court (Non-Profit) Special Use Permits are designed to provide the Planning & Zoning Commission and the Town Council with an opportunity for discretionary review of requests to establish or construct uses or structures which may be necessary or desirable for, or which have the potential for deleterious impact upon the health, safety and welfare of the public, for the purpose of determining whether the proposed location of the use or structure is appropriate and whether it will be designed and located so as to provide, minimize or mitigate any potentially adverse effects upon the community or the other properties in its vicinity. A Special Use Permit would be required for the following businesses to be located in a Commercial General district: 22 Beer & Wine Sales (Off-Premise Consumption Only) Sale of Mixed Beverages in Restaurants by Food & Beverage Certificate Holders Only Hours of Operation: Commercial General district regulations limit hours of operation from 6:00 a.m. to 11:00 p.m. Deliveries and service calls are allowed only between 8:00 a.m. and 5:00 p.m. No outside sales of any kind can be conducted, including but not limited to truck lot, pedestrian walkway, tent or other sales. Height Regulations: Any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 28 feet or one (1) story in height. The future owner is considering platting the property as one lot; therefore, all buildings would be considered to be adjoining residential zoning and would be restricted to one story in height. Buffered Area Regulations: CG property located adjacent to an existing residential development requires all principal buildings and structures to be setback a minimum of forty (40) feet from the adjoining property line. The setback area shall contain only landscape improvements, fencing, berms or trees to provide visual and acoustical privacy and to adequately buffer adjoining uses. The applicant will provide a 40-ft. side yard buffer adjacent to the existing residential on the east side of the property. Traffic Circulation: The main entrance/exit of this development will align with Trophy Lake Drive to allow for ease of traffic circulation. A traffic circulation plan and traffic impact analysis (TIA) will be prepared and provided with the site plan for this development. As a reference, the TIA completed for the Highlands development suggests improvements (signalization) to the intersection of Trophy Lake Drive and Trophy Club Drive at Stage 3 of Highland development. We are currently at the beginning of Stage I of the Highlands development and do not anticipate reaching Stage 3 for approximately fifteen years. A second ingress/egress will align with the median cut and entrance/exit into the Plaza (PD-21) shopping center. SUMMARY: Staff believes that the permitted uses in Commercial General would be appropriate for this property as it would provide services to current and future residents of Trophy Club. The amount of vacant commercial land is limited in Trophy Club and an additional 6.5 acres of commercial land would provide revenue for the Town. This property is centrally located in Trophy Club and is surrounded on three sides by uses that are compatible with commercial zoning. The adjacent residential use is on the east side of the property and the applicant has proposed a 40-ft. side yard buffer and greenspace and parking on the east side of the property, placing the day care/retail/office buildings to the west – farthest away from existing residential. Staff believes this proposed development would not adversely affect health, safety, morals, or general welfare of the Town of Trophy Club residents, but would benefit the residents. Staff believes that this development is likely to have little to no detrimental 23 impact on the appearance, comfort and value of existing nearby single-family residences. Staff recommends approval of this zoning change request. A plat, site plan, landscape plan and photometrics plan will be required and brought before the Planning and Zoning Commission and Town Council if this zoning change is approved. PLANNING AND ZONING COMMISSION RECOMMENDATION: On September 4, 2008, the Planning and Zoning Commission conducted a public hearing and discussion of this item with the following result: Vice Chairman Stephens made a motion to recommend to the Town Council approval of the zoning change from “CR” Commercial Recreation to “CG” Commercial General for this property. Commissioner Reed seconded the motion. Ayes: Hill, Stephens, Reed, Ashby, Forest Nays: None Action: 5-0, Approved (ch) Attachments: Zoning Application; Legal Description Metes and Bounds of the Property Zoning Change Exhibit Concept Plan – Trophy Club Commons CG – Commercial General District Regulations Use Tables Public Hearing Newspaper Notification and Property Owner Notification Planning and Zoning Commission Minutes – September 4, 2008 Ordinance 2008-XX P&Z 24 25 LEGAL DESCRIPTION 6.568 ACRES BEING A 6.568 ACRE TRACT OF LAND SITUATED IN THE J. EADS SURVEY, ABSTRACT NO. 392, AND THE J. SUTTON SURVEY, ABSTRACT NO. 1154, TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS, AND BEING ALL OF A CALLED 6.5680 ACRE TRACT OF LAND, CONVEYED AS TRACT J. TO CENTURION ACQUISITIONS, L.P., BY DEED RECORDED IN INSTRUMENT NO. 2006- 128659, REAL PROPERTY RECORDS, DENTON, TEXAS, SAID 6.568 ACRE TRACT, WITH REFERENCE BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS ON JULIAN DAY 213, 2006 CALCULATED FROM ARLINGTON RRP2 CORS ARP (PID-DF5387), SAGINAW TX CORS ARP (PID-DH7149) AND DENTON CORS ARP (PID-DF8986), BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8” IRON ROD WITH YELLOW PLASTIC CAP STAMPED “CARTER BURGESS” SET FOR THE SOUTHWEST CORNER OF SAID 6.5680 ACRE TRACT, AND A COMMON NORTHWEST CORNER OF TROPHY CLUB, SECTION SEVEN, AN ADDITION TO THE TOWN OF TROPHY CLUB ACCORDING TO THE PLAT RECORDED IN CABIN J, PAGE 342, PLAT RECORDS, DENTON COUNTY, TEXAS, SAID POINT BEING ON THE NORTHEAST RIGHT-OF-WAY LINE OF TROPHY CLUB DRIVE, (AN 80’ RIGHT-OF-WAY); THENCE, ALONG THE SOUTHWEST LINE OF SAID 6.5680 ACRE TRACT AND THE COMMON NORTHEAST LINE OF SAID TROPHY CLUB DRIVE THE FOLLOWING COURSES AND DISTANCES: NORTH 55 DEGREES 47 MINUTES 41 SECONDS WEST, A DISTANCE OF 230.31 FEET TO A 5/8 INCH IRON ROD FOUND FOR CORNER, AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 40 DEGREES 38 MINUTES 44 SECONDS, A RADIUS OF 794.70 FEET, A CHORD BEARING OF NORTH 35 DEGREES 28 MINUTES 19 SECONDS WEST, A CHORD LENGTH OF 552.01 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 563.76 FEET, TO A ½ INCH IRON ROD WITH A PLASTIC CAP STAMPED “MCCULLAH” FOUND FOR THE NORTHWEST CORNER OF SAID 6.568 ACRE TRACT, AND THE COMMON SOUTHWEST CORNER OF LOT 1, BLOCK 1, TROPHY CLUB COUNTRY CLUB, AN ADDITION TO THE TOWN OF TROPHY CLUB ACCORDING TO THE PLAT RECORDED IN CABINET X, PAGE 454, PLAT RECORDS, DENTON COUNTY, TEXAS; THENCE, ALONG THE NORTH LINE OF SAID 6.568 ACRE TRACT, AND THE COMMON SOUTH LINE OF SAID LOT 1, BLOCK 1, TH E FOLLOWING COURSES AND DISTANCES: SOUTH 89 DEGREES 02 MINUTES 41 SECONDS EAST, A DISTANCE OF 410.00 FEET TO A ½ INCH IRON ROD FOUND FOR CORNER; NORTH 33 DEGREES 48 MINUTES 19 SECONDS EAST, A DISTANCE OF 104.00 FEET TO A 5/8 INCH IRON ROD FOUND FOR CORNER; THENCE, SOUTH 56 DEGREES 11 MINUTES 41 SECONDS EAST, ALONG THE EAST LINE OF SAID 6.5680 ACRE TRACT, AND A COMMON WEST LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 179.35 FEET TO A POINT FOR CORNER; THENCE, ALONG THE EAST AND SOUTH LINES OF SAID 6.5680 ACRE TRACT, AND THE COMMON WEST AND NORTH LINES OF AFORESAID TROPHY CLUB SECTION SEVEN, THE FOLLOWING COURSES AND DISTANCES: SOUTH 31 DEGREES 32 MINUTES 41 SECONDS EAST, A DISTANCE OF 211.10 FEET TO A POINT FOR CORNER; 26 SOUTH 19 DEGREES 34 MINUTES 41 SECONDS EAST, A DISTANCE OF 115.00 FEET TO A POINT FOR CORNER; SOUTH 41 DEGREES 11 MINUTES 19 SECONDS WEST, A DISTANCE OF 218.80 FEET TO A POINT FOR CORNER; SOUTH 46 DEGREES 19 MINUTES 19 SECONDS WEST, A DISTANCE OF 153.36 FEET TO THE POINT OF BEGINNING, AND CONTAINING 6.568 ACRES OF LAND, MORE OR LESS. 27 ZONING CHANGE EXHIBIT 28 CONCEPT PLAN – TROPHY CLUB COMMONS 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 September 4, 2008 Planning and Zoning Commission Minutes PUBLIC HEARING, DISCUSSION AND RECOMMENDATION OF A REQUEST FROM CENTURION ACQUISITIONS, L.P. TO APPROVE A ZONING CHANGE FROM “CR” COMMERCIAL RECREATION TO “CG” COMMERCIAL GENERAL (LOCATED ON TROPHY CLUB DRIVE ADJACENT TO THE COUNTRY CLUB TENNIS COURTS), 6.568 ACRES (ZCA-08-014). Chairman Hill opened the public hearing. Robert Lopez, BHB Engineering & Surveying, came forward as a representative for his clients, Premier Academy, and stated that he is available to answer any questions regarding this zoning change request. There were no others wishing to speak and the Chairman closed the public hearing and asked Ms. Huggins for a staff report. Ms. Huggins stated that this is a request for a rezoning from “CR” Commercial Recreation to “CG” Commercial General on property located on Trophy Club Drive close to the intersection of Trophy Lake and Trophy Club, east of the existing Country Club tennis courts and west of R-10 residential district zoning. Ms. Huggins stated that the applicant is proposing five buildings on this site, all one story in height. One will house a day care and the other four buildings will be a combination of retail/office. They must be one story in height if they are platted adjacent to residential. This will be addressed at the platting and site plan stage. Ms. Huggins stated that this is a 6.568 acre plot of land. It is currently vacant. There has been some grading work completed on it; half of the property is in floodplain. The Comprehensive Land Use Plan calls for low density residential for this property, so this does not follow the Comp Plan, but staff feels it is an excellent use for this property as commercial property is needed in the Town. The location of this property, and with what the applicant is proposing – placing the buildings on the west side of this site away from the residential – staff feels this is a good, practical application for this land. Ms. Huggins explained that the commercial general uses are listed in the Town’s Use Tables in the Code of Ordinances. Each Planning and Zoning Commissioner received a copy of the use tables and the uses allowed in Commercial General. Any use not expressly permitted is prohibited. The uses for Commercial General are, in general, retail and office uses. There are some uses that would be allowed in CG, but require a conditional or special use permit. Those would have to come back before the Planning and Zoning Commission and Town Council in order to be allowed; for instance, a restaurant with alcohol beverage sales, or a store selling beer or wine. Ms. Huggins stated that hours of operation for Commercial General property are 6:00 a.m. to 11:00 p.m. and delivery and service calls are limited to 8:00 a.m. to 5:00 p.m. No outside sales of any kind can be conducted – such as tent sales, pedestrian 46 walkway sales, or truck lot sales. A buffer is required on the east side of the property adjacent to residential and the applicant has indicated that they will abide by that 40-ft. requirement as well as place parking only on the east side of the property, moving the buildings to the west side of the lot. Ms. Huggins stated that Staff has determined that some improvement will be needed at the ingress/egress directly across from Trophy Lake Drive. The entrance to this property must line up with Trophy Lake Drive and a median probably will need to be added to this property at the ingress/egress. There also may be a requirement for a traffic impact analysis report, which will be determined by the Town Engineer at site plan stage of this project, as this is an intersection that the Town has identified as a major intersection that will be impacted by the Highlands development, so as this project moves forward Staff will keep in mind that this is a critical intersection and there may be a need for additional information on the traffic impact. Staff believes that the permitted uses in Commercial General would be appropriate for this property. It would provide services to current and future residents of Trophy Club. The amount of vacant commercial land is limited in Trophy Club and an additional 6.5 acres of commercial land would provide revenue for the Town. This property is centrally located in Trophy Club and is surrounded on three sides by uses that are compatible with commercial zoning. The adjacent residential use is on the east side of the property and the applicant has proposed a 40-ft. side yard buffer and greenscape and parking on the east side of the property, placing the day care/retail/office buildings to the west – farthest away from existing residential. Staff believes that this proposed development would not adversely affect health, safety, morals, or general welfare of the Town of Trophy Club residents, but would benefit the residents. Staff recommends approval. Chairman Hill stated to Mr. Lopez that the Commission is considering only the zoning of this project at this time, but he foresees site plan issues, specifically the ingress/egress that lines up with Trophy Lake Drive. In a traffic impact study that was done for the Highlands project, the intersection of Trophy Lake and Trophy Club was identified as a possible location for a traffic signal so the alignment at that intersection will be important. Mr. Hill also stated that they should be sure that the illumination in the parking area will not impact the residential area. Mr. Lopez responded that the parking will be 105-ft. away from the residential area. Mr. Hill further advised that they should specify what type of landscaping will be used to provide buffer to the residences and whether or not it will impact the floodplain. Mr. Lopez stated that it is their intent to have zero negative impact in the floodplain. Chairman Hill also asked that they clearly identify the floodplain limits and controls to protect the buildings. Vice Chairman Stephens asked that it be clearly stated on the applicant’s materials that the buildings are limited to one story in height. He stated that he has concerns about the intersection of Trophy Lake and Trophy Club Drives. He stated that when this was discussed during the Highlands development there was discussion regarding realignment of this intersection. The current alignment should be easy for this applicant, but going forward and down the road that might not work so well. 47 Chairman Hill suggested that this applicant look at the TIA done for the Highlands. Mr. Lopez stated that if there are conceptual plans for the realignment that could be made available to them, they could work with staff on this. Vice Chairman Stephens stated that other than the intersection concern, he concurs with Staff’s assessment. He thinks this will be a great addition to some taxable property for this community. He stated that the Town needs monies for the services that the City provides and he believes this is a perfect location because it is adjacent to a current retail project and it is ideally suited for the uses that the applicant is requesting. Commissioner Reed stated that he has nothing further than what has already been stated. Commissioner Ashby stated that he concurs with the other Commissioners, but it is his understanding, from the past history on the realignment, that turn lanes and a signal will be added. He stated that he would like to see the applicant’s design incorporate turn lanes so that it mirrors what will be across the street. Commissioner Ashby asked if there will be an exterior playground for the day care. Mr. Lopez stated that there will be an exterior playground and it will be shown on the site plan. Mr. Ashby asked if a floodplain study has been performed and will this Commission be provided with a floodplain study on the impact of this development adjacent to the existing creek that is prone to flooding. Mr. Lopez stated that a floodplain study has been done. The study does not show this site as commercial, however, the time of peak flow of the creek and the time of concentration of the commercial site will be far apart. Mr. Ashby stated that he has lived here 13 years and seen this creek overflow drastically three times, the worst being last year. Mr. Ashby stated that his measurements confirm what Mr. Lopez said earlier in that there will be 105-ft. from the buffer to the beginning of paving. What will be placed in that roughly 145-ft. green space and how is that impacting the creek itself and the flowability of the creek? Mr. Lopez responded that it is already part of the creek and they (the applicant) will ensure that the parking area within the floodplain will not negatively impact the creek. Mr. Ashby asked if they will provide an impact study. Mr. Lopez responded that he cannot answer that at this time. Mr. Ashby asked that they provide a little bit denser landscaping toward the residential side of the property. Ms. Huggins stated that the current owner of the property has submitted a CLOMR (conditional letter of map revision) to FEMA for this property, which will be followed by a 48 LOMR (letter of map revision) once the grading and improvements to this property have been completed. Commissioner Forest did not have any questions. Vice Chairman Stephens asked that when they come forward with a site plan that the applicant provide more detail on the exhibit. He would like the bridge and the west bank of the creek shown on the exhibit. He also noted that the property located at the corner of Trophy Lake and Trophy Club Drives is listed as residentially zoned property. He questioned if that was the correct zoning as a church is on that property. Ms. Huggins explained that churches are allowed in any zoning district in Trophy Club either by right or through a conditional use permit and the underlying zoning of that property is residential. Commissioner Ashby noted that “tanning salon” is repeated under “Professional” and “Retail”. Ms. Huggins explained that it is allowed under both of those categories. If a piece of property allowed only “professional” uses or only “retail” uses, a tanning salon would be allowed in either of those properties. Mr. Ashby asked that a grocery store not be allowed for this project; that it be removed from the use list. Ms. Huggins explained that in a straight zoning request the uses cannot be changed by this Commission. Mr. Lopez added that a grocery store is not the clientele that his client is looking for. Vice Chairman Stephens made a motion to recommend to the Town Council approval of the zoning change from “CR” Commercial Recreation to “CG” Commercial General for this property. Commissioner Reed seconded the motion. Ayes: Hill, Stephens, Reed, Ashby, Forest Nays: None Action: 5-0, Approved 49 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2008-XX P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS 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 AN APPROXIMATE 6.568 ACRE TRACT OF LAND LOCATED IN THE J. EADS SURVEY, ABSTRACT NO. 392, AND THE J. SUTTON SURVEY, ABSTRACT NO. 1154, TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS, AND CURRENTLY ZONED “CR” – COMMERCIAL RECREATION TO “CG” COMMERCIAL GENERAL; PROVIDING FOR EXHIBIT “A”, LEGAL DESCRIPTION”; AND PROVIDING FOR EXHIBIT “B”, “ZONING CHANGE EXHIBIT”; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE ZONING CODE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE CG ZONING FOR SUCH 6.568 ACRE TRACT; 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; PROVIDING FOR PUBLICATION; 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; and WHEREAS, the owner of the tract of land, collectively described as a 6.568 acre tract of land, zoned CR – Commercial Recreation, and such land being further described in Exhibit “A”, attached hereto and incorporated herein, (the “Land”), filed an application with the Town’s Planning and Zoning Commission requesting a change in zoning of the Land into CG – Commercial General. Such application further requested an amendment to the official Zoning District Map of the Town in accordance with Chapter 13 of the Town’s Code of Ordinances; 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 50 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 Comprehensive Zoning Ordinance 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; 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. FINDINGS After due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town of Trophy Club, Texas, and of the public health, safety and welfare. SECTION 3. REZONING The Zoning Ordinance for the Town, adopting the Zoning Map, codified in Chapter 13 of the Code of Ordinances of the Town of Trophy Club, is hereby amended in the following particulars: A. The zoning of the land, being a 6.568 acre tract of land described in Exhibit “A” and Exhibit “B” attached hereto and incorporated herein, is hereby changed to adopt provisions for “CG” Commercial General in accordance with the requirements of this Ordinance, all applicable parts of Chapter 13, the Zoning Code, and all other applicable ordinances, rules and regulations of the Town. The Zoning Map is hereby amended to reflect the “CG” Commercial General designation for this tract of land. SECTION 4. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town and shall 51 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 5. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as set forth in the home rule Charter of the Town and by filing this Ordinance in the Ordinance records of the Town. SECTION 7. 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 8. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty Clause and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 9. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. 52 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 22nd day of September, 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 53 EXHIBIT A 54 55 EXHIBIT B 56 EXHIBIT A 57 58 EXHIBIT B 59 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-22-2008 Subject: Agenda Item No.D.1 Discuss and take appropriate action regarding an Ordinance amending Ordinance No. 2000-06 P&Z of the Town, the "Comprehensive Zoning Ordinance" and amending the Official Zoning Map of the Town by changing the zoning on a 6.568 acre tract of land from "CR" Commercial Recreation to "CG" Commercial General (Subject Land located on Trophy Club Drive adjacent to the Country Club Tennis Courts), (ZCA-08-014), as requested by Baird, Hampton & Brown, Inc., on behalf of Centurion Acquisitions, L.P. (current owners). RECOMMENDATION: Approval of zoning change request from “CR” Commercial Recreation to “CG” Commercial General. Ordinance provided in Public Hearing item backup. (ch) 60 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-22-2008 Subject: Agenda Item No.D.2 Discuss and take appropriate action regarding a Resolution amending Resolution 2008-21, accepting a Service and Assessment Plan for authorized services (Emergency Services) for the Town Of Trophy Club Public Improvement District No. 1 (The Highlands At Trophy Club); setting a new date for a public hearing; authorizing the publication of notice; enacting other related provisions; and providing an effective date. EXPLANATION: On September 8, the Town Council previously accepted a draft service and assessment plan for emergency services and ordered a public hearing to occur on September 22, 2008. The Notice of Public Hearing was originally scheduled to publish on September 12, 2008. Because the notice was not advertised on the aforementioned date as originally intended, the Town Council must order a new public hearing to occur on September 29, 2008. The Notice of Public Hearing will publish on September 19, 2008. The PID Act mandates publication at least eleven (11) days prior to a public hearing. In addition to the public hearing, the Council will adopt an ordinance providing for the levy of the emergency services assessment. Sep 29, 2008 Public Hearing Held; Ordinance providing for levy of Assessment • The Town Council will hear and pass on any objection to the proposed assessment. The Town Council may amend a proposed assessment on any parcel. • After all objections have been heard and the Council has passed on the objections, the governing body by ordinance or order shall levy the assessment as a special assessment on the property. The Town Council by ordinance will specify the method of payment of the assessment. The Town Council may provide that assessments be paid in periodic installments. RECOMMENDATION: ACTION BY COUNCIL: Review of the Service and Assessment Plan and passage of an amended Resolution accepting the Service and Assessment Plan for Emergency Services and ordering a public hearing for September 29, 2008. 61 (smd) Attachments: 1. Service & Assessment Plan For Authorized Emergency Services 2. Resolution (Exhibit A: Notice of Public Hearing) 62 63 64 65 66 67 68 69 70 71 72 RESOLUTION NO. 2008 - ___ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING RESOLUTION NO. 2008-21 ACCEPTING A SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED EMERGENCY SERVICES FOR THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (THE HIGHLANDS AT TROPHY CLUB); SETTING A NEW DATE FOR A PUBLIC HEARING; AUTHORIZING THE PUBLICATION OF NOTICE; ENACTING OTHER PROVISIONS RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 15, 2008, the Town Council adopted Resolution No. 2008-21 accepting a Service and Assessment Plan for Authorized Emergency Services for the Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club), the boundaries of which are set forth in Exhibit “A”, a copy of which is attached hereto and incorporated herein, setting a date for a public hearing, authorizing the publication of notice and enacting other related provisions pursuant to the requirements of Chapter 372 of the Texas Local Government Code, the Public Improvement District Assessment Act (the “Act”); and WHEREAS, the Town did not have sufficient information to send out landowner notices prior to the hearing date established by Resolution No. 2008-21 and as required by the Act; and WHEREAS, the notice of public hearing was not properly published to meet the requirements of the Act; and WHEREAS, Town now has proper information to send landowner notice, has properly scheduled the publication of notice, and finds it necessary to amend Resolution No. 2008-21 with the passage of this Resolution to set a new date for public hearing and meet all requirements of the Act; and WHEREAS, the Town desires to amend Resolution No. 2008-21 as set forth herein, and all other findings and provisions of Resolution No. 2008-21 not in conflict with this Resolution remain in effect and unaltered by the passage of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. Findings. The findings and determinations set forth in the preambles hereto are hereby incorporated by reference for all purposes. Section 2. Calling Public Hearing. The Town Council hereby calls a public hearing (the “Public Hearing”) for 5:30 p.m. on September 29, 2008 at the regular meeting place of the Town Council of the Town of Trophy Club, Texas, Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, to consider approving the Plan, with such changes and amendments as the Town Council deems necessary, and the 73 Assessment Roll with such amendments to the assessments on any parcel as the Town Council deems necessary. After all objections made at such hearing have been heard, the Town Council may (i) levy the assessments as special assessments against each parcel of property in the District as set forth in the proposed Plan and Assessment Roll; (ii) specify the method of payment of the assessment, and (iii) provide that assessments be paid in periodic installments. Notice of the hearing setting out the matters required by Section 372.016 of the Act shall be given by publication at least eleven (11) days before the date of the hearing, in a newspaper of general circulation in the Town. Notice of such hearing shall also be given by the mailing of a copy of the notice containing the information required by Section 372.016(b) of the Act at least eleven (11) days prior to the hearing to the current address of each owner of property liable for an assessment in the proposed Assessment Roll as reflected on the tax rolls of the Denton Central Appraisal District. All residents and property owners within the District, and all other persons, are hereby invited to appear in person, or by their attorney, and contend for or contest the Plan and the Assessment Roll, and the proposed assessments and offer testimony pertinent to any issue presented on the amount of the assessments, purpose of the assessments, special benefit of the assessments, and the costs of collection and the penalties and interest on delinquent assessments. At or on the adjournment of the hearing conducted pursuant to Section 372.016 on the proposed assessments, the Town Council must hear and pass on any objection to a proposed assessment. The Town Council may amend a proposed assessment on any parcel. The failure of a property owner to receive notice does not invalidate the proceeding. Section 3. Publication of Notice. The Town Council hereby directs Town Staff to cause the publication of notice of the Public Hearing substantially in the form attached as Exhibit B; such publication to occur before the 10th day before the date of the hearing. Section 4. Conduct of Public Hearing. The Town Council shall convene at the location and at the time specified in the notice described above for the public hearing and shall conduct the public hearing in connection with its approval of the Plan and the Assessment Roll and the levy of the proposed assessments, including costs of collection and penalties and interest on delinquent assessments. At such public hearing, the Town Council will hear and pass on any objections to the Plan and the Assessment Roll and the levy of the proposed assessments (which objections may be written or oral). At or on the adjournment of the hearing, Council may amend a proposed assessment on any parcel. After all objections, if any, have been heard and passed upon, the Town may (i) levy the assessments as special assessments against each parcel of property in the District as set forth in the Plan and Assessment Roll, (ii) specify the method of payment of the assessment, and (iii) provide that the assessments be paid in periodic installments. Section 5. Filing of Plans and Assessment Roll. The Plan and Assessment Roll shall be filed in the office of the Town Secretary and be made available to any member of the public who wishes to inspect the same. 74 Section 6. Effective Date. This Resolution shall become effective upon its passage in accordance with law. PASSED AND APPROVED this 22nd day of September, 2008. Nick Sanders, Mayor ATTEST: ________________________________ Lisa Hennek, Town Secretary APPROVED AS TO FORM: ________________________________ Patricia A. Adams, Town Attorney 75 EXHIBIT A BOUNDARIES The District includes approximately 435 acres located within the corporate limits of the Town of Trophy Club, Denton County, Texas. The District is located at the northeast, southeast and southwest corners of the intersection of State Highway 78 and State Highway 205 and south of Farm to Market Road 2755 between County Road 483 and County Road 484. The District is more particularly described by metes and bounds available for inspection at Town Hall, 100 Municipal Drive, Trophy Club, Texas 76262. For more information call (682) 831-4600. 76 EXHIBIT B TOWN OF TROPHY CLUB NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT a public hearing will be conducted by the Town Council of the Town of Trophy Club, Texas on the 29th day of September, 2008 at 5:30 p.m. at the Svore Municipal Building at 100 Municipal Drive, Trophy Club, Denton County, Texas 76262. The public hearing will be held to consider proposed assessments to be levied against the assessable property within THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (the “District”) pursuant to the provisions of Chapter 372 of the Texas Local Government Code, as amended. The general nature of the improvements is emergency services (the “Authorized Services”), including, without limitation, fire suppression and control, inspection services, arson investigations, hazardous material response, search and rescue, emergency recovery and extraction, pre-hospital medical stabilization or transportation of persons who are sick, injured, wounded, or otherwise incapacitated or helpless including basic life support ambulance services, advanced life support ambulance services, air ambulance services, and quick-response unit services provided by the Town. The total annual cost of the Authorized Services is approximately $16,307.89. The boundaries of the District are described in Exhibit A attached hereto and made a part hereof for all purposes. All written or oral objections will be considered at the public hearing. A copy of the Service and Assessment Plan for Authorized Services and proposed Assessment Roll, which includes the assessments to be levied against each parcel in the District, is available for public inspection at the office of the Town Secretary, Town of Trophy Club, at 100 Municipal Drive, Trophy Club, Texas 76262. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE TOWN, this 16th day of September, 2008. /s/ Lisa Hennek___________ Town Secretary Town of Trophy Club, Texas 77 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-22-2008 Subject: Agenda Item No.D.3 Discuss and take appropriate action regarding an Ordinance of the Town Council of the Town Of Trophy Club accepting and approving an update of the Service and Assessment Plan and Updated Assessment Roll for Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club); adopting findings and other related provisions; and providing an effective date. EXPLANATION: This ordinance covers the annual update required for assessments on the PID bonds. The annual update required for assessments on emergency services is completed separately. ACTION BY COUNCIL: Approve update of the Public Improvement District Service and Assessment Plan and Assessment Roll for the fiscal year beginning October 1, 2008, and ending September 30, 2009. (smd) Attachments: 1. Ordinance (Exhibit A: Service and Assessment Plan Update, Appendix A: Updated Assessment Roll) 78 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2008 - ___ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB ACCEPTING AND APPROVING AN UPDATE OF THE SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES AND AN UPDATED ASSESSMENT ROLL FOR THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (“PID”); MAKING AND ADOPTING FINDINGS; ACCEPTING AND APPROVING THE ANNUAL SERVICE PLAN UPDATE AND UPDATED ASSESSMENT ROLL FOR THE PID, ATTACHED AS AN EXHIBIT HERETO; REQUIRING COMPLIANCE WITH CHAPTER 372; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY, PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 7, 2007, after due notice, the Town Council of the Town (the “Town Council”) held the public hearing in the manner required by law on the advisability of the public improvements and services described in the petition as required by Sec. 372.009 of the PID Act and made the findings required by Sec. 372.009(b) of the PID Act and, by Resolution No. 2007-08 adopted by a majority of the members of the Town Council, authorized the District in accordance with its finding as to the advisability of the public improvements and services; and WHEREAS, on November 5, 2007, after notice and a public hearing conducted in the manner require by law, the Town Council adopted Ordinance No. 2007-29 (the “Assessment Ordinance”) approving a Service and Assessment Plan and Assessment Roll and the levy of assessments on property in the District; WHEREAS, on December 13, 2007, the Town Council issued bonds secured directly and indirectly, respectively, by the assessments levied pursuant to the Assessment Ordinance; WHEREAS, Section 372.013 of the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code (the “PID Act”) and the Service and Assessment Plan require that the Service and Assessment Plan and Assessment Roll be annually reviewed and updated; WHEREAS, the Annual Service Plan Update and updated Assessment Roll attached as Exhibit A hereto conform the original Assessment Roll to the principal and interest payment schedule required for the bonds, thereby reducing the amounts listed on the original Assessment Roll, and update the Assessment Roll to reflect 79 prepayments, property divisions and changes to the budget allocation for District public improvements that occur during the year, if any; and WHEREAS, the Town Council now desires to proceed with the adoption of this Ordinance which supplements the Assessment Ordinance and approves and adopts the Annual Service Plan Update and the Updated Assessment Roll attached thereto, in conformity with the requirements of the PID Act. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Incorporation of Findings The findings and determinations set forth in the preambles above are incorporated herein for all purposes and are hereby adopted. Section 2. Annual Service Plan Update and Updated Assessment Roll The Annual Service Plan Update and Updated Assessment Roll attached hereto as Exhibit “A” are hereby accepted and approved and compliance with the PID Act in all matters is required. Section 3. Cumulative Repealer That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. Section 4. Severability If any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance or the application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the Town Council that no portion hereof, or provision or regulation contained herein shall become inoperative or fail by reason of 80 any unconstitutionality, voidness, or invalidity of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. Section 5. Engrossment and Enrollment The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town as required in the Town Charter. Section 6. Effective Date This Ordinance shall take effect, and the levy of the Assessments, and the provisions and terms of the Plan shall be and become effective on upon passage and execution hereof in accordance with the law. ADOPTED, PASSED, and APPROVED by the Town Council, by a vote of ___ members voting “for” and ___ members voting “against” and with _____ absentees, on this 22nd day of September, 2008. Town of Trophy Club ________________________________ Nick Sanders, Mayor Attest: ______________________________ Lisa Ramsey, Town Secretary Approved as to Form: ________________________________ Patricia A. Adams, Town Attorney 81 EXHIBIT “A” ANNUAL SERVICE PLAN UPDATE AND UPDATED ASSESSMENT ROLL 82 83 84 85 86 87 88 89 90 91 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-22-2008 Subject: Agenda Item No.D.4 Discuss and take appropriate action regarding an Ordinance adopting and approving the Budget for the fiscal year beginning October 1, 2008, and ending September 30, 2009. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Approve the Budget for the fiscal year beginning October 1, 2008, and ending September 30, 2009. (smd) Attachments: 1.Ordinance - Exhibit “A” will be represented in the budget book, available online and filed with the County Clerks for Denton and Tarrant County. 92 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2008-XX AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING AND APPROVING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT, OPERATION, ACTIVITY, PURCHASE, ACCOUNT AND OTHER EXPENDITURES; PROVIDING FOR EMERGENCY EXPENDITURES AND EXPENDITURES AS ALLOWED BY APPLICABLE STATE LAW; PROVIDING FOR FILING OF DOCUMENTS; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a home rule municipality regulated by state law and its Charter; and WHEREAS, the Charter of the Town provides that the Town Manager shall prepare a proposed budget annually and submit that budget to Council; and WHEREAS, the proposed budget for the Town of Trophy Club, Texas (the “Town”) which has been filed with the Town Secretary is a budget to cover all proposed expenditures of the Town for the fiscal year beginning October 1, 2008, and ending September 30, 2009; and WHEREAS, the budget shows as definitely as possible each of the various projects for which appropriations are set up in the budget, shows the estimated amount of money carried in the budget for each of such projects, and otherwise complies with all requirements of the home rule Charter for the Town; and WHEREAS, public notice of a public hearing on the proposed annual budget, stating the date, time, and place and subject matter of the public hearing, was given as required by the laws of the State of Texas; and WHEREAS, the Town Council has studied the budget and listened to the comments received at the public hearing and has determined that the budget attached hereto is in the best interest of the Town of Trophy Club. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: 93 SECTION 1. APPROVING THE BUDGET The budget attached hereto as Exhibit “A” and incorporated herein is approved and adopted for the fiscal year beginning October 1, 2008, and ending September 30, 2009; and there is hereby appropriated from the funds indicated and for such purposes, respectively, such sums of money for such departments, projects, operations, activities, purchases, accounts and other expenditures as proposed in the attached budget. SECTION 2. PROVIDING EMERGENCY EXPENDITURES No expenditure of the funds of the Town shall hereafter be made except in compliance with the budget and applicable state law; provided, however, that in case of grave public necessity emergency expenditures to meet unusual and unforeseen conditions, which could not by reasonable, diligent thought and attention have been included in the original budget, may from time to time be authorized by the Town Council as amendments to the original budget. SECTION 3. BUDGET FILED The Town Council shall cause to be filed a true and correct copy of the approved budget, along with this Ordinance, with the Town Secretary and in the office of the County Clerk of Denton County, and Tarrant County, Texas. Additionally, a copy of the budget shall be posted on the Town’s internet website. SECTION 4. CONFLICT Any and all ordinances, resolutions, rules or regulations in conflict with this Ordinance are hereby repealed and rescinded to the extent of the conflict herewith. SECTION 5. 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 this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. SAVINGS 94 All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all provisions of any other Ordinance affecting budget requirements, which have secured at the time of the effective date of this Ordinance. SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town as required in the Town Charter. SECTION 8. EFFECTIVE DATE This Ordinance shall be effective 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 22ND day of September 2008. ________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: __________________________________ Lisa Hennek, Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: ___________________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas 95 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-22-2008 Subject: Agenda Item No.D.5 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, 2008, and ending September 30, 2009. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Approve the fixing and levying of Municipal Ad Valorem Taxes for the fiscal year beginning October 1, 2008, and ending September 30, 2009 as follows: “I move that property taxes be increased by the adoption of a tax rate of $.________.” MINUTES MUST REFLECT THE VOTE OF EACH MEMBER. (smd) Attachments: 1. Ordinance 96 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2008-xx AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008, AND ENDING SEPTEMBER 30, 2009, AND FOR EACH FISCAL YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT A RATE OF $.__________ PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE TOWN; DIRECTING THE ASSESSMENT THEREOF TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT OPERATION AND MAINTENANCE EXPENSES AND INDEBTEDNESS OF THE TOWN; APPROVING THE TAX RATE AND LEVY AND NOTIFYING THE PUBLIC THAT THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE.; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST PROVIDING FOR PAYMENT TO THE TOWN ASSESSOR/COLLECTOR; PROVIDING FOR PENALTY AND INTEREST; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) hereby finds that the tax for the fiscal year beginning October 1, 2008, and ending September 30, 2009, hereinafter levied for current expenses of the Town and the general improvements of the Town and its property, must be levied to provide the revenue requirements of the budget for the ensuing year; and WHEREAS, the Town Council has approved on the 22nd day of September 2008, the budget for the fiscal year beginning October 1, 2008, and ending September 30, 2009; and WHEREAS, all statutory and constitutional requirements concerning the levying and assessing of ad valorem taxes have been completed in due and correct time, including providing notice of and conducting a public hearing regarding the ad valorem tax levied hereby. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. APPROVING THE TAX RATE AND LEVY 97 There is hereby levied and ordered to be assessed and collected for the fiscal year beginning October 1, 2008, and ending September 30, 2009, and for each fiscal year thereafter until otherwise provided, on all taxable property, real, personal and mixed, situated within the corporate limits of the Town of Trophy Club, Texas, and not exempted by the Constitution of the State, valid State laws or this ordinance, a tax of $.__________ on each One Hundred Dollars ($100.00) assessed value of taxable property, which shall be apportioned and distributed as follows: (a) For the purpose of defraying the maintenance and operation expenses of the municipal government of the Town, a tax of $.________ (previously $.35104) on each One Hundred Dollars ($100.00) assessed value of all taxable property; and (b) For the purpose of the payment of principal and interest on the debt of the Town, a tax of $._________ (previously $.07947) on each One Hundred Dollars ($100.00) assessed value of all taxable property. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE. SECTION 2. DUE DATE AND DELINQUENCY DATE All ad valorem taxes shall become due and payable on October 1, 2008, and all ad valorem taxes shall become delinquent after January 31, 2009. There shall be no discount for payment of taxes on or prior to January 31, 2009. A delinquent tax shall incur all penalty and interest authorized by law, Section 33.01 of the Texas Property Tax Code, as amended, to wit: a penalty of six percent (6%) of the amount of the tax for the first calendar month the tax is delinquent plus one percent (1%) for each additional month or portion of a month the tax remains unpaid prior to July 1 of the year in which it becomes delinquent. Provided, however, a tax delinquent on July 1 incurs a total penalty of twelve percent (12%) of the amount of the delinquent tax without regard to the number of months the tax has been delinquent. A delinquent tax shall also accrue interest at a rate of one percent (1%) for each month or portion of a month the tax remains unpaid. Taxes that become delinquent on or after February 1, 2009, but not later than May 1, 2009, that remain delinquent on July 1, 2009, incur an additional penalty of fifteen percent (15%) of the amount of taxes, penalty and interest due; however, taxes that become delinquent on or after June 1, 2009 and for which split payment has been allowed under Section 31.03, 31.031, 31.032, or 31.04 of the Texas Property Tax Code incur an additional penalty of fifteen percent (15%). All such additional penalties are to defray the costs of collection due pursuant to the contract with the Town’s legal counsel as authorized by Section 6.30 of the Texas Property Tax Code, as amended. SECTION 3. DENTON COUNTY TAX ASSESSOR/COLLECTOR 98 Taxes shall be payable in full at the office of the Denton County Tax Assessor/Collector, 1505 E. McKinney, P.O. Box 1249, Denton, Texas 76201-4322. The Town shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this Ordinance. SECTION 4. PENALTY AND INTEREST All delinquent taxes shall bear interest as provided by State law, in addition to the penalties set forth herein. SECTION 5. CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of the Ordinances of the Town, except when the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the conflicting provisions of such Ordinances are hereby repealed. SECTION 6. SAVINGS CLAUSE All rights and remedies of the Town are expressly saved as to any and all violations of the provisions of any other ordinance affecting ad valorem taxes which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the court. SECTION 7. SEVERABILITY CLAUSE The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, article, 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 or the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 8. PUBLICATION CLAUSE 99 The Town Secretary is hereby directed to publish the Caption, Penalty, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 9. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town as required in the Town Charter. SECTION 10. EFFECTIVE DATE This ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 22nd day of September 2008. ________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: ___________________________________ Lisa Ramsey, Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: _____________________________________ Patricia A. Adams, Town Attorney, Town of Trophy Club, Texas 100 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-22-2008 Subject: Agenda Item No.D.6 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, 2008, and ending September 30, 2009. EXPLANATION: With the recent passage of House Bill No. 3195, in addition to adopting the budget or voting to set the tax rate, which we currently achieve via two (2) different agenda items, legislation now mandates that the adoption of a budget that requires raising more revenue from property taxes than in the previous year, also requires a separate vote of the governing body of a city to ratify the property tax increase reflected in the budget. Furthermore, the same statement identified below must be included as a cover page in 18-point or larger type. RECOMMENDATION: ACTION BY COUNCIL: Approve ratification of the property tax increase reflected in the previously approved Budget for the fiscal year beginning October 1, 2008, and ending September 30, 2009 as follows: “I move that this budget will raise more total property taxes than last year’s budget by $___________ or _________% and of that amount, $___________ ($_______________ new taxable value) is tax revenue to be raised from new property added to the tax roll this year.” MINUTES MUST REFLECT THE VOTE OF EACH MEMBER. (smd) Attachments: 1. None. 101 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-22-2008 Subject: Agenda Item No.D.7 Discuss and take appropriate action regarding a Resolution approving the tax roll of the Denton Central Appraisal District (DCAD) and Tarrant Appraisal District (TAD) for 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (smd) Attachments: 1. Resolution (Exhibit 2008 Tax Roll) 2. Certification of 2008 Appraisal Records (Denton County) 3. Certification of 2008 Appraisal Records (Tarrant County) 102 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2008 - xx A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING THE TAX ROLL OF THE DENTON CENTRAL APPRAISAL DISTRICT AND TARRANT APPRAISAL DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Central Appraisal District and Tarrant Appraisal District has presented a certified tax roll to the Town of Trophy Club, Texas which includes all taxable property within Trophy Club that is located in both Denton and Tarrant Counties; and WHEREAS, the Town Council desires to approve and accept such certified roll, a copy of which is attached hereto and incorporated herein as Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the tax roll of the Denton Central Appraisal District and Tarrant Appraisal District for the Town of Trophy Club, Texas for the year 2008, a true and correct copy of which is attached as Exhibit “A” and incorporated herein, is approved and accepted. Such tax roll shall constitute the Town’s tax roll for the 2008 tax year. Section 2. That Exhibit “B” specifying the net taxable appraised value, the current 2008 tax rate approved by the Town Council, and the total tax actually levied for real property, personal property and minerals, is hereby approved and accepted. A copy of Exhibit “B” is attached hereto and incorporated herein. Section 3. That this Resolution shall become effective 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 the 22nd day of September, 2008. ___________________________________ Mayor, Nick Sanders Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: _______________________________ ___________________________________ Town Secretary Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas {SEAL] 103 104 105 106 107 108 109 110 111 112 EXHIBIT “B” 2008 TAX ROLL FOR THE TOWN OF TROPHY CLUB, TEXAS Based on the 2008 certified roll dated July 18, 2008 from the Denton Central Appraisal District, and the certified roll dated July 25, 2008 from the Tarrant Appraisal District, the following applies: Denton Tarrant Net Taxable (Before Freeze) $707,468,612 $77,276,561 The combined net taxable appraised value (before freeze), which was ARB approved, was listed as $784,745,173. The current 2008 tax rate ($.____________/$100 assessed value) approved by the Town Council, which has been imposed on each property included on the certified appraisal roll for the Town for 2008, totals $________________ levy. The combined appraisal roll of $___________ levy upon approval by the Town Council, shall constitute the 2008 tax roll for the Town of Trophy Club. ************************************* 113 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-22-2008 Subject: Agenda Item No.D.8 Discuss and take appropriate action regarding an Interlocal Cooperation Agreement for Fire Protection Services between Trophy Club Municipal Utility District No. 1, Trophy Club Municipal Utility District No. 2 and the Town of Trophy Club. EXPLANATION: The purpose of this agreement is to memorialize the requirements of the Utility Districts as they relate to the Emergency Services SAP. The rates charged to the Town by the Districts will be based upon the tax rate assessed on MUD residents. RECOMMENDATION: Staff recommends approval. ACTION BY COUNCIL: (bse) Attachments: 1. Interlocal Agreement for Fire Protection Services 114 THE STATE OF TEXAS) ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT FOR FIRE PROTECTION SERVICES THIS AGREEMENT is made and entered into this ____ day of _________, 2008, by and between Trophy Club Municipal Utility District No. 1, Trophy Club Municipal Utility District No. 2, both districts created pursuant to Section 59, Article XVI, Texas Constitution and the Texas Water Code, Chapter 54 (hereinafter referred to as “MUDs 1 and 2”) and the Town of Trophy Club, a Home Rule Municipality, (hereinafter referred to as “Town”). W I T N E S S E T H : WHEREAS, MUDs 1 and 2 is a duly organized political subdivision of the State of Texas engaged in the administration of fire protection and related services for the benefit of those persons residing, traveling within, or being physically located within the boundaries of MUDs 1 and 2 and further without limitation, the incorporated and unincorporated limits of the Town of Trophy Club, Texas; and WHEREAS, MUD1 and 2 together are owners and operators of certain vehicles and/or other equipment designed to engage in fire-fighting activities and have in their employ such trained personnel whose duties are related to the provision of such services and the operation of necessary vehicles and equipment (hereinafter collectively referred to as “Fire Functions”); and WHEREAS, the provision of Fire Functions is a governmental function that serves the public health and welfare, promotes efficiency and effectiveness of local governments, and is of mutual concern to the contracting parties; and WHEREAS, MUDs 1 and 2 are authorized to perform Fire Functions pursuant to Section 49.351 of the Texas Water Code and the Town is individually authorized to perform Fire Functions pursuant to its police powers and the parties desire to enter into this Agreement regarding the performance of Fire Functions; and WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter 791, et seq., as amended (the “Act”) provides authority for governmental entities of the State of Texas to enter into Interlocal agreements with each other regarding governmental functions and services as set forth in the Act; and NOW, THEREFORE, Town and MUDs 1 and 2, for and in consideration of the recitals set forth above and terms and conditions below, agree as follows: 115 I. Incorporation / Term 1.01 Incorporation of Recitals. The foregoing recitals are agreed upon and incorporated herein as a part of this Agreement. 1.02 Term. This Agreement shall become effective upon approval by each of the respective governing bodies of Town and MUDs 1 and 2, and upon execution by their respective authorized representatives, and shall remain in effect for a term of one (1) year. Such one (1) year initial term shall renew annually for a total of ten (10) terms of one (1) year each, unless terminated by any party as provided herein. II. Definitions 2.01 As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. “Eligible Persons” shall mean those persons owning property, residing, traveling within, or being physically located within the corporate boundaries of the Town of Trophy Club, Texas and/or MUDs 1 and 2 and shall also include those persons owning property, residing, traveling within, or being physically located within the corporate boundaries of another political subdivision of the State of Texas with whom Town and/or MUD2 and/or MUD1 have a mutual aid agreement to provide fire protection services. B. “Fire-fighting Activities”, “Fire Protection Services”, or “Fire Functions” shall mean any and all of the customary and usual activities of a fire department, including fire suppression, fire prevention, training, safety education, maintenance, communications, medical emergency services, photography, and administration. III. Obligations and Rights of the Parties 3.01 Budget and Funding A. Budget. The Director of Finance together with the Fire Chief shall prepare a budget for Fire Protection Services. It shall be the responsibility of the Fire Chief to certify that the budget so prepared meets the Fire Protection needs of the Eligible Persons and allows an appropriate level of service. The budget shall be presented to the governing board of the Master District for final approval. The approval of Master District under this section shall not be unreasonably withheld. B. Funding. MUDs 1 and 2 and the Town shall share the funding of all costs associated with Fire Protection Services provided to Eligible Persons as defined 116 herein, in accordance with the terms of this Agreement. Said funding shall be accomplished as follows: 1) MUDs 1 and 2 shall fund their share of all costs associated with Fire Protection Services provided to Eligible Persons as defined herein, in accordance with the terms of this Agreement through the assessment and collection of an annual Fire Tax on the property owners of MUDs 1 and 2. 2) The Town shall fund all costs associated with Fire Protection Services to Eligible Persons by an annual assessment on and collection from Eligible Persons owning real property and improvements thereon located within the Town but not within MUDs 1 or 2; said assessment to be equal to the Fire Tax paid by the property owners of MUD 1. 3) The proportionate share of costs to be paid by each entity in any given year shall be arrived at as follows: Each year, the budget for Fire Protection Services shall consist of the total of the annual cost of maintenance and operation of the Fire Protection Services and debt service. This total shall be divided by the total of the assessed values of MUD 1, MUD 2 and the assessed values of real property and improvements thereon owned by Eligible Persons and located within the corporate boundaries of the Town but not within MUDs 1 or 2. The proportionate share of the budget attributable to each shall be the proportion which the assessed valuation of each bears to the combined assessed valuations of all three. C. The funds so assessed and collected shall be combined and shall be disbursed for the Fire Protection of all Eligible Persons, as defined above. IV. Consideration The parties agree that sufficient consideration for this Agreement exists and is found in the cross promises set forth above. Each party hereto paying for the performance of Fire Protection Services shall make such payments from current revenues legally available to the paying party. V. Default / Termination 5.01 In the event that any party hereto breaches any term or condition of this Agreement, this Agreement may be terminated by the aggrieved party if such default is not cured within a period of thirty (30) days after receipt of written notice of default by the party allegedly in breach of its obligations hereunder. At the option of the aggrieved 117 party, if such default is not cured within the thirty (30) day period, this agreement shall immediately terminate without further notice. 5.02 Notwithstanding the foregoing, this agreement may be terminated at any time without cause by any party giving sixty (60) days advance written notice to the other parties. VI. Entire Agreement This Agreement represents the entire and integrated agreement between the Town and MUDs 1 and 2 and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. VII. Venue The laws of the State of Texas shall govern this Agreement and each of its terms and provisions, including but not limited to, the rights and duties of the parties hereto, and exclusive venue shall be in Denton County, Texas. VIII. Severability In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. IX. Non-Waiver All rights, remedies and privileges permitted or available to any party 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 any party in the enforcement of any such right, remedy or privilege against one or more of the other parties, shall not constitute a waiver of such right, remedy or privilege by the forbearing party. X. Signature Authority The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on 118 behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. EXECUTED in triplicate originals this, the _____ day of ________________, 2008. TOWN OF TROPHY CLUB, TEXAS By____________________________ Nick Sanders, Mayor ATTEST: ______________________________ Town Secretary APPROVED AS TO FORM: ______________________________ Town Attorney 119 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 By_________________________ Dean Henry, President MUD 1 ATTEST: ______________________________ Constance S White, MUD 1 Secretary APPROVED AS TO FORM: ___________________________ Robert G. West, MUD 1 Attorney TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 By_________________________ Jim Budarf, President MUD 2 ATTEST: ______________________________ James C. Thomas, MUD 2 Secretary APPROVED AS TO FORM: ___________________________ Pam Liston, MUD 2 Attorney 120 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the ___ day of ________________, 2008 by Nick Sanders, Mayor, Town of Trophy Club, Texas, on behalf of such entity. ___________________________________ Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the ___ day of __________________, 2008 by Dean Henry, President of TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, on behalf of such corporation. ___________________________________ Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the ___ day of __________________, 2008 by Jim Budarf, President of TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2, on behalf of such corporation. ___________________________________ Notary Public in and for the State of Texas 121 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-22-2008 Subject: Agenda Item No.D.9 Discuss and take appropriate action regarding the calling of a Special Council Session on Monday, September, 29, 2008 and subjects for consideration at the meeting. EXPLANATION: The following is from Section 6.01, “Rules and Procedures,” Sub-section C.2 “Types of Meetings/Special,” of the Article VI, “Town Council Rules Procedure,” of the Codes of Ordinances: 2. Special Meetings Special meetings may be called by the Mayor or by any three members of the Town Council. The call for a special meeting shall be filed with the Town Secretary in written form, except that announcement of a special meeting, during any regular meeting at which all members are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, and shall list the subject or subjects to be considered. No special meeting shall be held until at least 72 hours after the call is issued. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or as incident thereto. RECOMMENDATION: Staff recommends that Council call a Special Session to be held on September 15, 2008 for the purpose of conducting a public hearing on the proposed assessment for Emergency Services for the Trophy Club PID No. 1 and adopting an ordinance levying an assessment on PID property. ACTION BY COUNCIL: Attachments: 1. None 122 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-22-2008 Subject: Agenda Item No.D.10 Items for Future Agenda. EXPLANATION: List: On September 8, 2008, Council removed Annual update and presentation by the Park Board. (August 4, 2008) and Discuss and take appropriate action amending the Ordinance adopting Article IV entitled "Peddlers and Solicitors,” of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, prescribing regulations for Peddlers and Solicitors operating within the Town as it relates to handbills. (Council member Wilson – 8/18/08) and added presentation by Danny Hodges from Oncor Delivery regarding outstanding construction issues (Oak Hill) and discussion of same. (October 6, 2008) 1. Review of the Property Maintenance Ordinance. (Council member Cates) (Agenda 10/20/08) 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) (7/21/08 Council member Strother to meet with Town Manager Emmons to discuss long term action.) 3. Discuss and receive input regarding an Ordinance amending Article II, ”Traffic and Vehicles” of the Code of Ordinances relating to the State regulations for speed limit reduction and readdress the speed limit and signage on Skyline Drive. (Council member Wilson and Moss – 4/21/08) 4. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and discussion of same. (Council member Wilson) 5. Establish and implement a process for Hotel inspections. (Mayor Pro Tem Edstrom added on 1/21/08) 6. Review the Citizen of the Year guidelines, criteria and voting process. (Mayor Pro Tem Edstrom – 1/21/08) 7. Discuss and take appropriate action regarding possible means to control the Garage Sale traffic. (Council member Cates – 4/21/08) 8. Discuss and consider options to approve the upkeep of rental property, with or without creating a Building Standard Commission. (Mayor Pro Tem Edstrom – 4/21/08) 9. Discuss and take appropriate action regarding crosswalks going from Summit Cove, crossing Trophy Club Drive to the Country Club (Council member Wilson – 4/21/08) 10. Discuss and take appropriate action regarding a Library Focus Group. (Council member Wilson – 4/21/08) 11. Discuss and take appropriate action real estate signs and their placement on Town right of ways. (Chapter 5, “General Land Use,” Article IV, “Sign Regulations,” Section 4.05, “Temporary Signs,” D, “Real Estate Signs”)(added at 8/18/08 Council Meeting) 12. Presentation by Danny Hodges from Oncor Delivery regarding outstanding construction issues (Oak Hill) and discussion of same. (Agenda 10/6/08) 123 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-22-2008 Subject: Agenda Item No.D.11 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's Report. (b) Town Council report from EDC 4B Liaison, Council member Strother. (c) Town Council report from Master District Liaison, Council member Wilson. (lh) 124 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-22-2008 Subject: Agenda Item No.E.2 Adjourn. (lh)