Agenda Packet TC 12/07/2009Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMMonday, December 7, 2009
Call to order and announce a quorum.
Invocation
Pledges:
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."
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.
PRESENTATION
1.09-503-T Presentation by Tree Board Chair to children for their help with the July 4th Parade and
Floats; discussion of same.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council
and will be enacted by one motion. There will not be a separate discussion of these
items. If discussion is desired, that item will be removed from the consent agenda and
will be considered separately.
2.09-458-T Consider and take appropriate action regarding the Minutes dated November 2, 2009.
November 2, 2009 Minutes.pdfAttachments:
3.09-459-T Consider and take appropriate action regarding the Minutes dated November 16, 2009.
November 16, 2009 Minutes.pdfAttachments:
Town Council 1 of 104 Meeting Date: December 7. 2009
December 7, 2009Town Council Meeting Agenda
4.09-512-T Consider and take appropriate action ratifying and approving an Interlocal Agreement
with Denton County for Ambulance Services.
Interlocal Agreement with Denton County for Ambulance Services.pdfAttachments:
REGULAR SESSION
5.09-513-T Consider and take appropriate action regarding financial and variance report dated:
a. October
October 2009 Monthly Financial Statements.pdfAttachments:
6.09-401-T Consider and take appropriate action regarding an Interlocal Memorandum of
Understanding with the Texas Department of Public Safety for the use of office space
at the DPS building; and authorizing the Mayor or her designee to execute necessary
documents.
DPS Memorandum of Understanding (2010).pdfAttachments:
7.09-516-T Consider and take appropriate action regarding an Interlocal Cooperation Agreement
(Trophy Club, NISD, Roanoke, Denton County) for Phase II of the Northwest Parkway
Connector Road.
Cost Share Summary(NW Pkwy)(File 516).pdf
Interlocal Agreement - Phase II Northwest Pkwy.pdf
Attachments:
8.09-518-T Consider and take appropriate action regarding an Ordinance amending the FY
2009-2010 Budget to make a supplemental appropriation for the Parks Department
budget (Medians/Common Areas Property Maintenance line) for FY 2009-2010 as a
result of a refund of a prior year expenditure.
Ord. 2009- Amending FY 2009-10 Budget-Parks.pdfAttachments:
9.09-515-T Consider and take appropriate action regarding an Interlocal Cooperative Purchasing
Agreement by and between Parker County and the Town of Trophy Club.
Interlocal Purchasing Agreement between Parker and the Town.pdfAttachments:
10.09-517-T Consider and take appropriate action regarding planning and organizing the Town's
25th Anniversary festivities.
11.09-514-T Consider and take appropriate action cancelling the December 21, 2009 Regular Town
Council meeting.
12.09-519-T Items for future Agendas.
Items for Future Agendas.pdfAttachments:
13.09-520-T Receive a progress report from Council Member Wilson regarding the November 17,
2009 TCMUD1 Meeting; discussion of same.
14.09-521-T Mayor and Council Update regarding training opportunities, educational sessions,
upcoming events and regional meetings; discussion of same.
Town Council 2 of 104 Meeting Date: December 7. 2009
December 7, 2009Town Council Meeting Agenda
EXECUTIVE SESSION
15.09-497-T Council to convene into executive session pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the
goals and objectives, evaluation and contract extension of Town Manager, Brandon
Emmons.
Emmons Contract 12-2008.pdfAttachments:
RECONVENE INTO REGULAR SESSION
16.09-499-T Consider and take appropriate action relative to Executive Session Item Number File ID
09-497.
ADJOURN
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on Thursday, December 3, 2009 by
5:00 P.M. in accordance with Chapter 551, Texas Government Code.
___________________________________
Lisa Hennek, Town Secretary
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in
advance and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2009
________________________________, Title: ___________________________
Town Council 3 of 104 Meeting Date: December 7. 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-503-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/11/2009 Town Council
On agenda:Final action:12/7/2009
Title:Presentation by Tree Board Chair to children for their help with the July 4th Parade and Floats;
discussion of same.
Attachments:
Action ByDate Action ResultVer.
Town Council 4 of 104 Meeting Date: December 7. 2009
109-503-T Version:File #:
Title
Presentation by Tree Board Chair to children for their help with the July 4th Parade and Floats; discussion of same.
Body
Carter Boclair
Aidan Boclair
Steele Blackwell
Ashlyn Parker
Dawson Parker
Sloane Johnson
Olivia Stecker
Gage Morgan
Town Council 5 of 104 Meeting Date: December 7. 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-458-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:11/4/2009 Town Council
On agenda:Final action:12/7/2009
Title:Consider and take appropriate action regarding the Minutes dated November 2, 2009.
Attachments:November 2, 2009 Minutes.pdf
Action ByDate Action ResultVer.
Town Council 6 of 104 Meeting Date: December 7. 2009
109-458-T Version:File #:
Title
Consider and take appropriate action regarding the Minutes dated November 2, 2009.
Town Council 7 of 104 Meeting Date: December 7. 2009
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, November 2, 2009 7:00 PM
Svore Municipal Building Boardroom
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday,
November 2, 2009. The meeting was held within the boundaries of the Town and was open to
the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Susan Edstrom Council Member
Kathleen Wilson Council Member
Bill Rose Council Member
TOWN COUNCIL MEMBERS ABSENT:
Glenn Strother Mayor Pro Tem
Philip Sterling Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Kathy DuBose Finance Director
Carolyn Huggins Planning and Zoning Manager
Chris King Building Inspector
Mayor White announced the date of November 2, 2009, called to order and announced a
quorum at 7:00 p.m.
Mayor White announced the absences of Mayor Pro Tem Strother and Council member
Sterling.
Invocation offered by Fire Chief Thomas.
Pledges led by Council member Rose.
CITIZEN PRESENTATIONS:
No citizens addressed the Council.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will
be enacted by one motion. There will not be a separate discussion of these items. If discussion is
desired, that item will be removed from the consent agenda and will be considered separately.
Minutes dated November 2, 2009
1
Town Council 8 of 104 Meeting Date: December 7. 2009
1. 09-450-T Consider and take appropriate action regarding the Minutes dated October
19, 2009.
Motion made by Edstrom, seconded by Wilson to approve the Consent Agenda, Item 1.
Motion passed unanimously without any discussion.
Time Opened: 7:04 p.m.
PUBLIC HEARING
2. 09-409-T Public Hearing to consider an Ordinance amending the Town of Trophy Club
Code of Ordinances, Chapter 3-Buildings and Construction, Article XV-Swimming
Pools, and Chapter 13-Zoning, Article V-Supplementary District Regulations, affecting
the location of swimming pools. (ADM-09-005)
Planning and Zoning Chairman Hill was in attendance.
Mayor White stated that the purpose of this item was to define where a swimming pool may be
located on a residential lot.
On October 21, 2009, the Planning and Zoning Commission heard Staff comments relevant to
proposed changes to the Town of Trophy Club Code of Ordinances regarding location of
residential swimming pools in rear and/or side yards. The current ordinance, dated 2005, restricts
pool locations to the defined rear yard only.
This limitation has recently generated a number of variance requests to the Zoning Board of
Adjustments. After the hearings, all were granted variances. Additional requests for variance are
pending with the ZBA at this time.
Following Staff comments and discussion, and by a vote of 5 – 0, (2 members absent), the
Commissioners recommend approval of swimming pool location amendments. The
recommendation for a 20-foot setback from the building front in a side yard is compliant with the
stipulation in the Commissioner’s motion.
No citizens addressed the Council.
3. 09-430-T Public Hearing to consider an Ordinance amending Ordinance No. 2007-15
P&Z, PD Planned Development District No. 27, The Highlands at Trophy Club, to delete,
alter, and/or allow changes to lot size requirements, configuration and amenities for
Neighborhood 8, an approximate 52.66 acre tract, and other related miscellaneous
changes to PD-27. (PD AMD 09 031)
No citizens addressed the Council.
Time Closed: 7:05 p.m.
REGULAR SESSION
4. 09-429-T Consider and take appropriate action regarding an Ordinance amending
Town of Trophy Club Code of Ordinances, Chapter 3-Buildings and Construction,
Article XV-Swimming Pools, and Chapter 13-Zoning, Article V Supplementary District
Regulations, affecting the location of swimming pools. (ADM-09-005)
Minutes dated November 2, 2009
2
Town Council 9 of 104 Meeting Date: December 7. 2009
Planning and Zoning Chairman Hill was in attendance and stated On October 21, 2009, the
Planning and Zoning Commission approved 5 – 0, (2 members absent), the Commissioners
recommendation
Town Manager Emmons stated that due to the number of ZBA requests for residential swimming
pools in rear and/or side yards of the house and based on the stringency of the current
Ordinance, Staff is requesting approval.
Motion made by Edstrom, seconded by Wilson to approve an Ordinance amending Town of
Trophy Club Code of Ordinances, Chapter 3-Buildings and Construction, Article XV-Swimming
Pools, and Chapter 13-Zoning, Article V Supplementary District Regulations, affecting the
location of swimming pools.
Council Member Wilson and Mayor White commented that it is good for Council to be proactive
considering the number of ZBA requests.
Motion passed unanimously without further discussion.
5. 09-431-T Consider and take appropriate action regarding an Ordinance amending
Ordinance No. 2007-15 P&Z, PD Planned Development District No. 27, The Highlands at
Trophy Club, to delete, alter, and/or allow changes to lot size requirements,
configuration and amenities for Neighborhood 8, an approximate 52.66 acre tract, and
other related miscellaneous changes to PD-27. (PD AMD 09 031)
Mayor White stated that Planned Development No. 27, Neighborhood 8 was granted zoning
approval in April 2007 as a gated community with 3,000 sq. ft. lots for the development of 260 Lot
Type 5 single family attached (townhouse) dwellings. The owner is requesting a zoning change
for Neighborhood 8 to allow 185 single family detached dwellings to be built on lot sizes of 5,250
square feet (minimum). The specific changes to Planned Development No. 27 ordinance are
summarized in the packet.
The developer, Mehrdad Moayedi, was in attendance and explained that his request is a result of
trying to sell this neighborhood, marketed extensively to builders and has had no luck. By
requesting a change to the product (neighborhood) as single family homes, he has a builder
ready to buy the lots and begin developing the neighborhood.
Council member Edstrom requested the floor space be increase to a minimum of 1,800 sq feet.
Mr. Moayedi agreed to the increase.
Council member Rose questioned the offset between the well and home sites. Steve Lenart from
Lenart Development Company explained that all sites have the required dedicated set backs.
Council discussed the Minimum Floor Area, offsets for garages, and additional ‘Gifts to the
Street”. Staff explained that green space is not part of the parkland.
Council member Rose presented a concept perception of the homes in the Home Town
subdivision in North Richland Hills stating that he liked this look. Mr. Moayedi knows this product
and appreciates the Home Town subdivision, which is a very different sub-division than the one
they designed for the Town.
Mayor White commented that the Home Town subdivision is very interesting, but very different to
Neighborhood 8.
Council Member Edstrom reminded the Council that there is little support for alleys, and
suggested the Council deal with the current PD and proposed requests.
Minutes dated November 2, 2009
3
Town Council 10 of 104 Meeting Date: December 7. 2009
Planning and Zoning Chairman Hill stated that the Planning and Zoning Commission approved
5:0 on October 21, 2009 with stipulations. The stipulations have been incorporated into the
redlined document that was included in Council’s packet.
Mr. Lenart advised that the Home Owner’s Association would be responsible for enforcing the
deed restrictions and maintaining the green space.
Motion made by Edstrom, seconded by Rose to approve an Ordinance amending Ordinance No.
2007-15 P&Z, PD Planned Development District No. 27, The Highlands at Trophy Club, to delete,
alter, and/or allow changes to lot size requirements, configuration and amenities for
Neighborhood 8, an approximate 52.66 acre tract, and other related miscellaneous changes to
PD-27; as recommended by Staff and Planning & Zoning, along with the changes incorporated
and provided to Council tonight, including the floor space of 1,800 minimum sq feet, the
mandatory offset for the garages and a connector trail behind the open space.
Motion passed unanimously without further discussion.
6. 09-451-T Consider and take appropriate action regarding financial and variance report
dated: a. August 2009 and September 2009.
Motion made by Rose, seconded by Edstrom to approve the financials and variance reports
dated August 2009 and September 2009.
Town Manager Emmons shared how the economy affected the pool parties and concessions thus
resulting in lower revenues.
Motion passed unanimously without further discussion.
Mayor White reopened Citizen Presentations.
John Sczerba, 560 Timber Ridge Drive – Mr. Sczerba stated that as new residents, he and his
wife have been met with a lot of unforeseen costs resulting from the Pool Ordinance and flooding
issues.
The Council suggested Mr. Sczerba schedule a meeting with Town Manager Emmons.
7. 09-444 Consider and take appropriate action regarding the enforcement of House Bill
No. 55 relating to the offense of using cell phones in school zones.
Staff is requesting Council's direction regarding the installation of signage required for
enforcement of the new law. The cost for signage is approximately $550.00.
Margi Cantrell, 1105 Sunset Drive, Trophy Club, TX 76262 - Submitted a letter in favor of the
enforcement.
Town Manager Emmons stated that per Council’s request at their October 19, 2009 meeting, the
online survey was implemented on the Town's website on Friday, October 23. Of the 49 people
who completed the survey, 71.4% support the Bill and 28.6% do not. Emmons explained the law
is ambiguous regarding the enforcement and signs. This will be revised in two years and it will be
mandatory.
Barbie Kadow, 322 Village Trail- Spoke against the enforcement.
Minutes dated November 2, 2009
4
Town Council 11 of 104 Meeting Date: December 7. 2009
Council member Wilson does not advocate too much governance and Council should use
governance to protect the most vulnerable, it only takes one child and one time. Wilson stated
that she could not bear the responsibility of even one child being hurt in the next two years,
should this Council wait two years and until the law mandates the posting of the signs.
Council member Edstrom stated that responses received from her constituents support House Bill
No. 55.
Council member Rose considered the time of transit through the school zones. Rose read a
summary comparing cell phone use and drunk driving and stated that he cannot endorse the level
of intoxication of a person going thru a school zone while talking on a cell phone.
Mayor White understands that there are other distractions; however Council can now control cell
phones in school zones given House Bill No. 55.
Motion made by Edstrom, seconded by Rose to approve the enforcement of House Bill No. 55
relating to the offense of using cell phones in school zones.
The Council suggested Staff create a fact sheet to provide to the school, place on the website
and send CTY message.
Motion passed unanimously without further discussion.
Council took a five-minute break.
8. 09-312-T Consider and take appropriate action regarding an Ordinance amending the
Code of Ordinances by adding Article XVII, entitled Hotel Regulation to Chapter 3,
entitled Buildings and Construction, requiring Hotel Permitting, Providing Standards
for Permit Holders, and Providing an effective date.
The revisions suggested by Council at their October 19, 2009 have been made to the Ordinance.
Staff recommends approval.
Council member Edstrom thanked Staff for their diligence.
Motion made by Edstrom, seconded by Rose to approve an Ordinance amending the Code of
Ordinances by adding Article XVII, entitled Hotel Regulation to Chapter 3, entitled Buildings and
Construction, requiring Hotel Permitting, Providing Standards for Permit Holders, and Providing
an effective date.
Motion passed unanimously without further discussion.
9. 09-453-T Receive a progress report from Council Member Wilson regarding the
October 20, 2009 TCMUD1 Meeting; discussion of same.
Council member Wilson provided a progress report from the October 20, 2009 TCMUD1 meeting
in regard to the following:
a. Appointed MUD Director, Joseph Boclair swearing-in
b. TML Region VIII Quarterly Meeting co-hosting discussion
c. Finance department software needs discussion
d. Construction-related gas leaks; regulation request
e. Governmental water rate addressed
Minutes dated November 2, 2009
5
Town Council 12 of 104 Meeting Date: December 7. 2009
Minutes dated November 2, 2009
6
f. Water tank concerns
10. 09-454-T Mayor and Council Update regarding training opportunities, educational
sessions, upcoming events and regional meetings.
Mayor White and Council provided a brief update on training opportunities, educational sessions,
upcoming events and regional meetings.
TML Annual Conference
Allied Waste Service 'Republic Services' Dinner
NISD Reads Beck Elementary
Deloitte University Groundbreaking Ceremony
Empowering Seniors ’09
11. 09-455-T Items for Future Agendas.
Mayor White added an item to the next meeting’s agenda to discuss the Town’s 25th Anniversary
to include an Ad Hoc Committee to plan this event.
Mayor White added an item to discus alternatives to Chapter 3 The Code of Ordinances entitled
“Buildings and Construction” of Article XV, entitled “Swimming Pools”; by potentially amending
section 15.04 (i) “Draining of Swimming Pools”; as it relates to Diatomaceous Earth.
Council member Edstrom, requested to see the changes to the Citizen of the Year form and
application/timeline process.
Council member Wilson requested Item #10 Item to receive a report from Town Manager
Emmons regarding the delinquency for Town of Trophy Club Public Improvement District No. 1
(The Highlands at Trophy Club), NH8. be moved up.
Mayor White added an item to discuss the concept of term limits for Committees.
Council combined Items #3 - To receive a report from Town Manager Emmons regarding an
update on the Comprehensive Land Plan and Item #11 - Discuss a Planning Session for
Comprehensive Land Use.
ADJOURN
Motion to adjourn made by Wilson, seconded by Rose to adjourn. Meeting adjourned at 9:26
p.m.
____________________________ ___________________________
Lisa Hennek, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 13 of 104 Meeting Date: December 7. 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-459-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:11/4/2009 Town Council
On agenda:Final action:12/7/2009
Title:Consider and take appropriate action regarding the Minutes dated November 16, 2009.
Attachments:November 16, 2009 Minutes.pdf
Action ByDate Action ResultVer.
Town Council 14 of 104 Meeting Date: December 7. 2009
109-459-T Version:File #:
Title
Consider and take appropriate action regarding the Minutes dated November 16, 2009.
Town Council 15 of 104 Meeting Date: December 7. 2009
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, November 16, 2009 7:00 PM
Svore Municipal Building Boardroom
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday,
November 16, 2009. The meeting was held within the boundaries of the Town and was open to
the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Glenn Strother Mayor Pro Tem
Susan Edstrom Council Member
Philip Sterling Council Member
Kathleen Wilson Council Member
Bill Rose Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Kathy DuBose Finance Director
Mayor White announced the date of November 16, 2009, called to order and announced a
quorum at 7:02 p.m.
Invocation will be offered by Police Chief Scott Kniffen.
Pledges will be led by Fire Chief Danny Thomas.
CITIZEN PRESENTATIONS:
No citizens addressed the Council.
REGULAR SESSION
1. 09-378-T Consider and take appropriate action by Resolution, casting all of the Town’s
allocated votes (14) and the PID Emergency Services allocated vote (1) for a candidate
or candidates to serve as a member of the Denton Central Appraisal District Board of
Director.
Based on the tax levy for the Town, the Town is allocated a total of fourteen (14) votes and the
Trophy Club PID #1 Emergency Services District Town, is allocated a total of one (1) vote to cast
for nominated candidate(s) named on the ballot provided by the Chief Appraiser of the Denton
Central Appraisal District.
Minutes dated November 16, 2009 1
Town Council 16 of 104 Meeting Date: December 7. 2009
Motion made by Edstrom, seconded by Rose to approve the Resolution, casting all of the Town’s
allocated votes (14) and the PID Emergency Services allocated vote (1) for Pearl Ford to serve
as a member of the Denton Central Appraisal District Board of Directors.
Motion passed unanimously without any discussion.
2. 09-395-T Consider and take appropriate action by Resolution, casting the Town’s
allocated vote (1) for a candidate to serve as a member of the Tarrant Appraisal District
Board of Directors.
Mayor White stated that the Town did not receive information from Tarrant County to nominate to
TAD. Staff has created reminders and included the receipt of applications to both Denton &
Tarrant Counties Board of Directors to the Town’s annual appointments.
Motion made by Edstrom, seconded by Strother to approve the Resolution, casting the Town’s (1)
vote for John Fegan to serve as a member of the Tarrant Appraisal District Board of Directors.
Motion passed unanimously without any discussion.
3. 09-456-T Consider and take appropriate action regarding an Ordinance canvassing the
Election held on November 3, 2009 in the Town of Trophy Club, Texas; canvassing
Election returns and declaring Election results of the Special Bond Election for the
purpose of approval of the Issuance of General Obligation Bonds.
Mayor White stated that the period for Canvas is November 11 – 16, 2009.
Town Manager Emmons stated that 928 votes were cast for the Proposition of The Issuance of
$5,000,000 General Obligation Bonds for Park, Open Space and Recreation Improvements and
Land Acquisition therefor, and the Levying of a Tax in Payment. The Proposition passed 490 for
and 438 against.
Motion made by Edstrom, seconded by Rose to approve an Ordinance canvassing the Election
held on November 3, 2009 in the Town of Trophy Club, Texas; canvassing Election returns and
declaring Election results of the Special Bond Election for the purpose of approval of the Issuance
of General Obligation Bonds.
Motion passed unanimously without any discussion.
4. 09-457-T Consider and take appropriate action regarding an engagement letter to
retain the services of Vinson and Elkins as the Town's Bond Counsel to provide bond
related legal services for the issuance of the park bonds approved at the November,
2009 Election.
Mayor White questioned the services performed prior to election. Town Manager Emmons
explained this as a typical fee structure. It is normal for Bond Counsel to work with Staff prior to
an election as generally Bond Counsel is paid out of the Bond proceeds.
Council member Rose confirmed the $7,500 cap and questioned if the Town would still owe, had
the Bond not passed and considering the services were performed without a contract. Town
Attorney Adams confirmed that had the Bond not passed, the Town would still have to pay.
Minutes dated November 16, 2009 2
Town Council 17 of 104 Meeting Date: December 7. 2009
Motion made by Edstrom, seconded by Wilson to approve an engagement letter to retain the
services of Vinson and Elkins as the Town's Bond Counsel to provide bond related legal services
for the issuance of the park bonds approved at the November, 2009 Election.
Motion passed unanimously without further discussion.
5. 09-466-T Consider and take appropriate action regarding the Citizen of the Year
guidelines, criteria and voting process for the 2009 Recipient.
Last April, Citizen of the Year Committee (COYC) representatives Pearl Ford and Peggy
Sweeney requested the Council to consider expanding the Teenage Category to include a Youth
Category for the eligibility for children under the age of twelve. The COYC discussed the
categories for each nominee; agreeing that some nominees were submitted in a category not
applicable to the definition for that category. The COYC also requested Council provide direction
to the Committee’s obligation to recommend a recipient in a particular category, should the
nominees not meet the criteria for the category they were nominated.
Council member Edstrom requested the form be changed to reflect that nominations need not
specify a specific nominating category as the Citizen of the Year Committee has Council’s
approval to categorize based on reasons given for nomination. Edstrom would like a Youth and
a Teenage Category as just expanding the one category would make the evaluation difficult.
Council member Rose said his inclination is to split the category into two due to the level of
achievement give the age differences.
Mayor Pro Tem Strother recommended expanding the Teenage Category into a Youth Category
and giving the Citizen of the Year Committee the authority and flexibility to separate should the
nominations merit. Council member Sterling agreed with expanding the category as splitting and
creating additional categories diminishes the value. Council member Wilson and Mayor White
both agreed with expanding the category.
Council’s consensus was to change the Teenage Category to a Youth Category and expand to
include citizens 18 years or younger who made a difference in our community or schools. The
Council agreed that the Citizen of the Year Committee will have the latitude to split and add
another category should the nominations received merit significant reasoning to add another
category.
Mayor White suggested that neither Elected Officials nor family members be eligible for
nomination. Council member Wilson agreed due to appearances. Wilson stated that she had no
qualms with the recipients from last year; however the Council needs to stay above the
appearance of impropriety.
Town Attorney Adams stated that this issue was discussed last year and that the decision was
that Elected Officials and Staff member could be nominated for reasons outside of the scope as
an Election Official or Staff member, and that they are not eligible for nominations based upon or
due to their Staff capacity for the Town.
Mayor White reconsidered her suggestion, stating that if Elected Officials or Staff members may
be nominated for service not related to their positions for the Town their family should be eligible
as well.
Council member Sterling cautioned the Council not to lose sight of big picture. Citizen of the Year
is supposed to be fun and a recognition of honor.
Motion made by Rose, seconded by Wilson to change the Teenage Category to a Youth
Category and expand the category to include youth 18 and under.
Minutes dated November 16, 2009 3
Town Council 18 of 104 Meeting Date: December 7. 2009
Motion passed unanimously without further discussion.
Council member Edstrom requested that the Citizen of the Year Committee be informed that they
have the latitude to split and add another category, should the nominations received merit
significant reasoning to add another category.
6. 09-465-T Consider and provide direction relative to expanding the scope of the duties
of the Tree Board in reference to beautification.
Mayor White explained that the Tree Board was created via the adoption of an ordinance that is
currently codified as Article VIII, "Tree Preservation and Removal" of Chapter 12, "Subdivision
Regulations" of the Code of Ordinances. Section 8.02 (H) sets forth the specific duties and
responsibilities of the Board. Should Council desire to expand the scope of the Tree Board's
duties and responsibilities, that action will require an amendment to the existing ordinance. A
copy of Section 8.02 is provided in the backup. The Tree Board annually reviews the Town's
Tree Ordinance and proposed revisions as it determines necessary.
Staff seeks the direction of Council regarding future amendments to Article VIII. At Council's
request, Staff is proposing that Council consider expanding Tree Board's duties to include
advising Town Staff and/or Town Council concerning any issues regarding Town landscaping or
Town sponsored displays of artwork or decorations. The Board would hear resident or Staff
concerns in these areas and provide advice to Staff to facilitate Staff's resolution of those
concerns.
Council member Wilson explained that the difference between a Board and Advisory Group in
that a Board keeps Minutes. Given the fact that there are only so many trees in Trophy Club,
Wilson suggested the Tree Board expand their responsibilities to serve in an advisory capacity
regarding the community aesthetics, such as types flowers, holiday decorating, and the holiday
lighting contest.
Council member Edstrom questioned if this had been discussed with the Tree Board in a formal
manner. Edstrom said that the Tree Board needs to be aware that the Council is considering
expanding the Board’s scope of the duties.
Town Manager Emmons clarified that currently the Tree Board is set up to make
recommendations concerning trees. Emmons said that he wanted Council to discuss the
potential of expanding the Board’s responsibilities prior to going to the Board.
Council member Rose said that he is open to the Tree Board’s input. Rose questioned if the Tree
Board would have to change their name, if their scope was expanded.
Town Attorney Adams stated that the Town does need a Tree Board given their Tree City status
and that additional duties could be added.
Mayor Pro Tem Strother asked what Staff suggested. Strother questioned if the Board would
become unmanageable if the scope become too broad.
The Council agreed that the language regarding the scope and responsibilities of the Tree Board
needs to be very clear. The Town Council requested that Town Manager Emmons and Staff
discus with the Tree Board.
No action taken, direction only.
Minutes dated November 16, 2009 4
Town Council 19 of 104 Meeting Date: December 7. 2009
7. 09-464-T Consider and take appropriate action regarding the May 8, 2010 Joint Election
Agreement between the Town of Trophy Club and Trophy club Municipal Utility District
No. 1.
Staff needs to announce the information regarding the May Election in the January Newsletter,
this deadline is December 14. Additionally, the following is a new requirement that went into
effect September 2009, Deadline to post the Notice of the dates of the filing period for the general
election (January 7, 2010). There has been talk of the Town and MUD conducting two separate
elections. In order for Staff to prepare accordingly, Council and TCMUD 1 need to decide how
Staff should proceed.
Council member Rose referred to the four year terms for TC MUD 1 Directors advising that he
heard they would be staggered.
Motion made by Rose, to approve the May 8, 2010 Joint Election Agreement between the Town
of Trophy Club and Trophy Club Municipal Utility District No. 1, authorizing the Mayor to modify
the agreement, in reference to action approved by TC MUD 1 regarding terms/places for the five
MUD Directors.
Motion died for lack of second.
Town Manager Emmons suggested the following revisions:
5. Early Voting:
Early voting, both by personal appearance and by mail, shall be by use of electronic system
ballots, which ballots shall conform to the requirements of the Texas Election Code, and in so
doing shall permit the voters to vote for three (3) Town of Trophy Club Council Members; Places
3 and 4 for two (2) year terms each and Place 5 for a three (3) year term and five (5) Directors for
Trophy Club MUD 1 for four (4) year terms each. No elector shall vote for more than (3) three
Town of Trophy Club Council Members and five (5) Directors.
6. Ballots: The Town Secretary is hereby authorized and instructed to provide and
furnish all necessary election supplies to conduct the election. Voting at the Election shall be by
use of electronic system ballots. Preparation of the official ballots for the Election shall conform
to the requirements of the Texas Election Code, and in so doing shall permit the voter to vote for
three (3) Town of Trophy Club Council Members; Places 3 and 4 for two (2) year terms each and
Place 5 for a three (3) year term and five (5) Directors for Trophy Club MUD 1 for four (4) year
terms each. No elector shall vote for more than (3) three Town of Trophy Club Council Members
and five (5) Directors.
Town Attorney Adams advised that the terms/places for the TC MUD 1 Directors need not be
specified in the Joint Election Agreement as terms/places will be determined in the TC MUD 1
Order calling the Election.
Motion made by Edstrom, seconded by Rose to approve the May 8, 2010 Joint Election
Agreement between the Town of Trophy Club and Trophy Club Municipal Utility District No. 1,
and striking the the following from Section 5 and 6, for four (4) year terms each.
8. 09-461-T Consider and provide direction regarding the Town’s 25th Anniversary
festivities, to include establishing an Ad Hoc Committee to plan this event.
Mayor White questioned why the Item was posted for direction only. Town Manager Emmons
explained that Staff needs a little more information in order to prepare the appropriate document.
Should the Council desire to establish an ad hoc committee a resolution creating the ad hoc
committee would be brought back at a subsequent Council meeting.
Minutes dated November 16, 2009 5
Town Council 20 of 104 Meeting Date: December 7. 2009
Council member Edstrom questioned if this event would be incorporated into the current events
or added as a new event. Edstrom asked Staff’s opinion of adding another Committee, which
would require Staff’s oversight and management.
Mayor White stated that the recognition of the 25th Anniversary should be year long and posted
on the Town’s publications on the website. White commended Staff for their job on the past
events and feels that Staff is getting maxed out. White said that more people should be involved
in coordinating the festivities of the Town’s 25th Anniversary and that the Town should capitalize
on this milestone.
Council discussed the Parks Department having to manage another committee and limiting how
many people served on the committee. Council discussed the Park Board providing the
leadership to a task force who would be responsible for the event.
Town Manager Emmons suggested perhaps a committee completely separate from the Town be
formed to plan the event; a group of volunteers. Emmons confirmed that this event was not
budgeted for and Council would need to consider selling tickets in order to defray costs.
Mayor White stated that she will continue to work with Town Manager Emmons and Staff and
then come back to Council with a recommendation.
9. 09-473-T Discuss and take appropriate action regarding an ordinance amending Section
2.02(B) entitled "Speed of Vehicles," and 2.03(B) entitled "Stop Signs" of Article II,
“Traffic and Vehicles”, of Chapter 10 “Public Safety” of the Code of Ordinances,
designating special speed zones and stop intersections in the Town; providing a
penalty not to exceed $200 for violations, and providing an effective date.
Town Manager Emmons stated that Council passed Ordinance 2008-38 on December 1, 2008
approving the Stop Signs that were installed in the Highlands development. As a result of new
construction, realignment, and name changes to roads, it is necessary to adopt the amendments
contained within the Town's Traffic Ordinance.
Motion made by Edstrom, seconded by Wilson to approve an ordinance amending Section
2.02(B) entitled "Speed of Vehicles," and 2.03(B) entitled "Stop Signs" of Article II, “Traffic and
Vehicles”, of Chapter 10 “Public Safety” of the Code of Ordinances, designating special speed
zones and stop intersections in the Town; providing a penalty not to exceed $200 for violations,
and providing an effective date, correcting the spelling of Marshall Creek, under 2.03, #165.
Motion passed unanimously without further discussion.
10. 09-496-T Council to receive an update on amendments to the Trophy Club PID No. 1
Service and Assessment Plan regarding the changes to the lot category for NH 8, and
discussion of the same.
Town Manager Emmons provided a brief update explaining that the Service and Assessment
Plan needs to be updated to reflect the changes made to PD 27, approved by the Council on
November 2, 2009.
11. 09-463-T Receive a report from Town Manager Emmons regarding the delinquency for
Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy
Club), NH8, and discussion of same.
Minutes dated November 16, 2009 6
Town Council 21 of 104 Meeting Date: December 7. 2009
Town Manager Emmons provided an update stating that the delinquency is a result of a late
payment, in the amount of $39,000, by BDMR who is the sole owner of NH8. To date, all
assessments have been paid, including the penalties and interest for the late payment. Council
member Wilson clarified the amount of the penalties and interest for the late payment.
12. 09-467-T Items for future Agenda.
Town Manager Emmons added an item to discuss cancelling the December 21st meeting.
Council member Wilson amended #1, Item to receive a report from Town Manager Emmons
regarding the sound barrier issues on the east side and conversations with TXDOT, and
discussion of same, to add, after Town Manager Emmons’ meeting with Roanoke.
13. 09-468-T Mayor and Council Update regarding training opportunities, educational
sessions, upcoming events and regional meetings.
Mayor White provided a brief update on her attendance at the following meetings and events:
November Chamber Luncheon
Tan Parker Town Hall
Heart of North TX Business Conference
Metroplex Mayors
Chamber’s Best of Northwest
Mayor’s Roundtable
North TX Super Bowl XLV Host Committee
Mayor Pro Tem Strother gave a brief update on ICSC.
Council member Edstrom spoke on upcoming TCWC Holiday Events.
EXECUTIVE SESSION
14. 09-497-T Council to convene into executive session pursuant to Texas Government
Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss
the goals and objectives, evaluation and contract extension of Town Manager,
Brandon Emmons.
Council Convened into Executive Session at 8:38 p.m.
Council Reconvened into Regular Session at 9:56 p.m.
RECONVENE INTO REGULAR SESSION
15. 09-499-T Consider and take appropriate action relative to Executive Session Item
Number File ID 09-497.
No action taken.
ADJOURN
Minutes dated November 16, 2009 7
Town Council 22 of 104 Meeting Date: December 7. 2009
Minutes dated November 16, 2009 8
Motion to adjourn made by Wilson, seconded by White to adjourn. Meeting adjourned at 9:57
p.m.
____________________________ ___________________________
Lisa Hennek, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 23 of 104 Meeting Date: December 7. 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-512-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:11/23/2009 Town Council
On agenda:Final action:12/7/2009
Title:Consider and take appropriate action ratifying and approving an Interlocal Agreement with Denton
County for Ambulance Services.
Attachments:Interlocal Agreement with Denton County for Ambulance Services.pdf
Action ByDate Action ResultVer.
Town Council 24 of 104 Meeting Date: December 7. 2009
109-512-T Version:File #:
Title
Consider and take appropriate action ratifying and approving an Interlocal Agreement with Denton County for Ambulance
Services.
Body
The contract is for the Annual Ambulance service for out of District/County calls.
Staff recommends approval.
Town Council 25 of 104 Meeting Date: December 7. 2009
Town Council 26 of 104 Meeting Date: December 7. 2009
Town Council 27 of 104 Meeting Date: December 7. 2009
Town Council 28 of 104 Meeting Date: December 7. 2009
Town Council 29 of 104 Meeting Date: December 7. 2009
Town Council 30 of 104 Meeting Date: December 7. 2009
Town Council 31 of 104 Meeting Date: December 7. 2009
Town Council 32 of 104 Meeting Date: December 7. 2009
Town Council 33 of 104 Meeting Date: December 7. 2009
Town Council 34 of 104 Meeting Date: December 7. 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-513-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/23/2009 Town Council
On agenda:Final action:12/7/2009
Title:Consider and take appropriate action regarding financial and variance report dated:
a. October
Attachments:October 2009 Monthly Financial Statements.pdf
Action ByDate Action ResultVer.
Town Council 35 of 104 Meeting Date: December 7. 2009
109-513-T Version:File #:
Title
Consider and take appropriate action regarding financial and variance report dated:
a. October
Body
The October 2009 monthly financial report is presented in a format that provides the comparison of monthly and year to
date actual amounts to the current fiscal year budget. The accompanying variance report provides an explanation of
actual fiscal year to date revenues and departmental expenditures which vary more than 10% from the percent of the
fiscal year lapsed.
Management recommends approval.
Town Council 36 of 104 Meeting Date: December 7. 2009
Town Council 37 of 104 Meeting Date: December 7. 2009
Town Council 38 of 104 Meeting Date: December 7. 2009
Town Council 39 of 104 Meeting Date: December 7. 2009
Town Council 40 of 104 Meeting Date: December 7. 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-401-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/28/2009 Town Council
On agenda:Final action:12/7/2009
Title:Consider and take appropriate action regarding an Interlocal Memorandum of Understanding with the
Texas Department of Public Safety for the use of office space at the DPS building; and authorizing the
Mayor or her designee to execute necessary documents.
Attachments:DPS Memorandum of Understanding (2010).pdf
Action ByDate Action ResultVer.
Town Council 41 of 104 Meeting Date: December 7. 2009
109-401-T Version:File #:
Title
Consider and take appropriate action regarding an Interlocal Memorandum of Understanding with the Texas Department
of Public Safety for the use of office space at the DPS building; and authorizing the Mayor or her designee to execute
necessary documents.
Body
This is an annual agreement for renewal. Staff recommends approval.
Town Council 42 of 104 Meeting Date: December 7. 2009
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”), is entered into as of the 7th day of December, 2009 by
and between the Town of Trophy Club (“Owner”) having an address at 100 Municipal Drive, Trophy
Club, TX 76262, and the Texas Department of Public Safety (“DPS”).
Whereas, the DPS has requested the Town allow it to use a certain portion of a building currently
utilized by the Trophy Club Police Department; and
Whereas, the Town Council finds it to be in the best interest of public safety to cooperate with the Texas
Department of Public Safety; and
Whereas, Town Council of the Town of Trophy Club finds that the use of office space within the Trophy
Club Police Department building will provide added law enforcement visibility within the Town which will
be beneficial to the public and desires to enter into an agreement to authorize such use; and
Whereas, the Town Council has determined that the execution of this MOU serves a valid governmental
purpose and is beneficial to the general health, safety and welfare of the public.
Now Therefore, in consideration of the mutual promises, conditions and covenants passing between the
parties hereto, it is understood and agreed by and between the parties to this MOU as follows:
This MOU authorizes the Texas Department of Public Safety, as well as any other personnel that
support and/or audit the Texas Department of Public Safety, to access and/or use Office Space as
designated for such as by the Chief of Police, located at 100 Municipal Drive, in Trophy Club, Texas,
including the rights of ingress and egress to the office space and the right to use common areas such as
bathroom facilities and parking space, to the extent such common areas are not part of the actual office
space (“Office Space”).
1. OWNER’S RESPONSIBILITIES
1.1.1. Providing the Texas Department of Public Safety with the means to access the Office
Space, such as the keys and any access codes necessary to enter the Office Space.
2. TEXAS DEPARTMENT OF PUBLIC SAFETY’S RESPONSIBILITIES
2.1.1. Cleaning the Office Space, excluding any common areas.
2.1.2. Providing the necessary furniture and office equipment for the Office Space, excluding
any common areas. DPS shall provide all office supplies necessary for DPS operations.
3. CONSIDERATION:
As consideration for the use the Office Space, DPS will provide valuable training and expertise
on the investigation of motor vehicle accidents to the Trophy Club Police Department.
4. TERMS AND CONDITIONS
4.1. Term -The term of this MOU shall be for a period of one (1) year, commencing on the 21st
day of January 2010, and terminating on the 20th day of January, 2011. The parties have
the option to renew this MOU for an additional term of one (1) year upon mutual written
consent prior to the end of the existing contract term. Either party may terminate this
agreement upon at least thirty (30) days written notice.
4.2. Title and Scope of Use: The Texas Department of Public Safety shall have no right, title
or interest in the Office Space, except the right to use as detailed herein. However, this
Town Council 43 of 104 Meeting Date: December 7. 2009
MOU only authorizes the Texas Department of Public Safety to use the Office Space as
expressly set forth herein and only imposes the responsibilities listed in Section#2 above.
4.3. Venue Exclusive venue for any dispute arising out of this MOU shall be Denton County,
Texas.
4.4. Choice of Law – This MOU shall be construed and governed by the laws of the State of
Texas.
4.5. Severability Clause – If one or more provisions of this MOU, or the application of any
provision to any party or circumstance, is held invalid, unenforceable, or illegal in any
respect, the remainder of this MOU and the application of the provision to other
circumstances shall remain valid and in full force and effect.
4.6. No liability for employees and officers – Each party to this MOU agrees that it shall
have no liability whatsoever for the actions and/or omissions of the other party’s
employees, officers or agents, regardless of where the individual’s actions and/or
omissions occurred. Each party is solely responsible for the actions and/or omissions of
its employees, officers and agents; however, such responsibility is only to the extent
required by Texas law and each party preserves all defenses and liability limitations
legally available to it. Where injury or property damage result from the joint or concurring
acts and/or omissions of the parties, any liability shall be shared by each party in
accordance with the applicable Texas law, subject to all defenses, including
governmental immunity and liability limitations legally available. These provisions are
solely for the benefit of the parties hereto and not for the benefit of any person or entity
not a party hereto; nor shall any provision hereof be deemed a waiver of any defenses
available by law. Notwithstanding the foregoing, each third party law enforcement agency
or entity providing peace officers or personnel to assist the Texas Department of Public
Safety remain liable for the actions of its respective employees. These provisions are
solely for the benefit of the parties and not for the benefit of any person or entity not a
party to this MOU; nor shall any provision hereof be deemed a waiver of any defenses
available by law.
4.7. Non-assignment – Neither party may assign or transfer this MOU or any interest in this
MOU without the written consent of the other party.
4.8. Modifications or amendments – No modification or amendment to this MOU shall
become effective unless in writing, signed by both parties, and approved by governing
bodies as required by law.
4.9. Non-incorporation - This MOU embodies the entire agreement between the parties.
There are no oral covenants, agreements, representations, warranties or restrictions
between the parties regarding the Office Space.
4.10. Authority: Any individual signing this MOU on behalf of an entity represents and
warrants that he has full authority to do so.
4.11. Notice/Contact - Any notice required or permitted under this MOU shall be directed to
the respective Parties at the addresses shown below and shall be deemed given: (1)
when delivered in hand and a receipt granted; (2) when received if sent by certified mail,
return receipt requested; or (3) when received if sent by confirmed facsimile:
If to the Texas Department of Public Safety:
Captain Bryan Rippee
624 NE Loop 820
Hurst, TX 76053-5211
Office #: 817-299-1312
If to the Town of Trophy Club:
G. Scott Kniffen
Town Council 44 of 104 Meeting Date: December 7. 2009
Chief of Police
100 Municipal Drive
Trophy Club, TX 76262
Office # 682.831.4655
Either of the parties may change its address or designated individual(s) to
receive notices by giving the other party written notice as provided above,
specifying the new address and/or individual and the date upon which it shall
become effective.
The undersigned parties bind themselves to the faithful performance of this
MOU.
FOR THE TEXAS DEPARTMENT OF PUBLIC SAFETY
____________________________
Authorized Signature
____________________________
Title
____________________________
Date
FOR THE TOWN OF TROPHY CLUB
____________________________
Connie White
____________________________
Mayor
____________________________
Date
Town Council 45 of 104 Meeting Date: December 7. 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-516-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/23/2009 Town Council
On agenda:Final action:12/7/2009
Title:Consider and take appropriate action regarding an Interlocal Cooperation Agreement (Trophy Club,
NISD, Roanoke, Denton County) for Phase II of the Northwest Parkway Connector Road.
Attachments:Cost Share Summary(NW Pkwy)(File 516).pdf
Interlocal Agreement - Phase II Northwest Pkwy.pdf
Action ByDate Action ResultVer.
Town Council 46 of 104 Meeting Date: December 7. 2009
109-516-T Version:File #:
Title
Consider and take appropriate action regarding an Interlocal Cooperation Agreement (Trophy Club, NISD, Roanoke,
Denton County) for Phase II of the Northwest Parkway Connector Road.
Body
Phase I of the Bobcat Boulevard construction project is nearing completion. The main lanes of Bobcat were constructed
in Phase I, but they do not connect with Hwy 377. Phase II of the project will construct the highway intersection.
The proposed Interlocal Agreement is similar to the one used for the first phase of the project. Trophy Club will serve as
project lead and will be responsible for overall management, financial management, and inspections.
Denton County will contribute a flat fee of $230,000 and each remaining party will be responsible for a percentage of the
project based on the projects impact to that entity. The percentages are the same as in Phase I.
It is anticipated that funding for this project will come from the PID Restricted Fund.
Town Council 47 of 104 Meeting Date: December 7. 2009
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Town Council 48 of 104 Meeting Date: December 7. 2009
DEVELOPMENT AGREEMENT
by and between
THE TOWN OF TROPHY CLUB, TEXAS
THE CITY OF ROANOKE, TEXAS,
DENTON COUNTY, TEXAS,
and
NORTHWEST INDEPENDENT SCHOOL DISTRICT
FOR ROAD AND UTILITY IMPROVEMENTS TO NORTHWEST
PARKWAY PROPOSED CONNECTOR ROAD
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
THIS DEVELOPMENT AGREEMENT, is made and entered into by and between
the TOWN OF TROPHY CLUB, TEXAS, a Texas home rule municipal
corporation (hereinafter "Trophy Club"), the CITY OF ROANOKE, TEXAS, a
home rule municipality (hereinafter “Roanoke”), DENTON COUNTY, TEXAS a
political subdivision of the State of Texas (hereinafter “County”), NORTHWEST
INDEPENDENT SCHOOL DISTRICT, a Texas independent school district
(hereinafter “NISD”). Trophy Club, Roanoke, NISD, and County shall be
collectively referred to as “Parties” or individually as “Party.”
WHEREAS, this Development Agreement ("Agreement") is for the purpose of
providing funding and construction services for the construction of certain road
and utility improvements in the City of Roanoke, to connect Bobcat Boulevard at
its intersection with Highway 377, Segment 7, as described in Exhibit “A,”
hereinafter referred to as the "Project."
WHEREAS, CENTURION ACQUISITIONS, LP, a Texas Limited Partnership,
(hereinafter “Centurion”) is the owner of real property located in the Town of
Trophy Club and the City of Roanoke (the "Property"); and
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Town Council 49 of 104 Meeting Date: December 7. 2009
WHEREAS, Centurion is developing the Property which is known as the
Highlands at Trophy Club; and
WHEREAS, Trophy Club and Centurion have entered into a separate Funding
and Development Agreement wherein Centurion has agreed to pay for a portion
of the Project in consideration for Trophy Club providing various services and
funding (hereinafter “Funding and Development Agreement”); and
WHEREAS, Chapter 212, Subchapter C of the TEXAS LOCAL GOVT. CODE
specifically authorizes municipalities and developers to contract for the
construction of public improvements related to a private development; and
WHEREAS, the Parties desire to jointly fund construction of the Project in
accordance with the terms of this Agreement and the Funding and Development
Agreement and desire to memorialize certain agreements regarding the
administration of the construction process for the Project, and
WHEREAS, the Parties mutually desire to be subject to the provisions of Texas
Government Code, Chapter 791, the Interlocal Cooperation Act (the “Act”), which
authorizes Texas local governments to contract with one or more other local
governments to perform governmental functions and services under the terms of
the Act; and
WHEREAS, Pursuant to Texas Government Code, §§ 791.011, 791.028 and
791.032, the Parties agree that the purpose of this Agreement is to ensure that
certain governmental functions and services for the Project related to streets,
roads and drainage are performed; and
WHEREAS, the Parties intend to enter into such interlocal agreements and
development agreements as necessary for the funding and construction of the
Project, with contributions to the cost of the Project to be made by the Parties in
accordance with the terms of this Agreement; and
WHEREAS, Texas Transportation Code §251.012 authorizes the County to
provide County funding to finance the construction of a street in the County that
is located within a municipality and for which the construction work is done by a
municipality with the approval of the governing body of the subject municipality;
and
WHEREAS, the proposed Project is the second part of a previously completed
project for the construction of certain road and utility improvements through the
Town of Trophy Club and the City of Roanoke undertaken to connect Bobcat
Boulevard at its intersection with Highway 377; and
WHEREAS, this Project will benefit the citizens of Roanoke and will likewise
benefit Trophy Club, NISD, and County by improving traffic flow and access; and
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Town Council 50 of 104 Meeting Date: December 7. 2009
WHEREAS, the Parties have agreed to the proposed Project and desire to set
forth herein their respective responsibilities, obligations and rights relative to the
construction and funding of the Project.
NOW, THEREFORE, the Parties, in consideration of the mutual covenants and
agreements contained herein, do mutually agree and understand as follows:
SECTION 1
INCORPORATION
1.01 Incorporation of Recitals. The foregoing recitals are agreed upon and
incorporated herein as a part of this Agreement.
SECTION 2
CONSTRUCTION OF IMPROVEMENTS
2.01 Right of Way. Roanoke shall take all appropriate actions to obtain the
necessary right of way for the construction of the Project within its
respective territorial boundaries. All necessary right of access shall be
obtained prior to the public bidding of the construction contract for the
Project by Trophy Club All Parties shall provide the right of access
necessary to allow the Project to be constructed.
2.02 Project Management. Trophy Club shall act as Project Manager for the
construction of the Project and shall administer and oversee all contracts
and construction work for the Project. Trophy Club shall obtain
appropriate inspections for the Project. Roanoke has the right to perform
any additional inspections that Roanoke deems appropriate and
necessary for final approval and acceptance of the Project by Roanoke, in
accordance with the terms of this Agreement. The contractor(s) for the
Project (hereinafter “Third Party Contractor”) shall be selected through the
competitive bid process as authorized by state law and administered by
Trophy Club. The bid pricing shall be submitted to the Parties for approval
prior to selection of the Third Party Contractor and award of contract for
the Project (hereinafter the “Construction Contract”). The contracts for
construction of the Project shall be let in the name of the Town of Trophy
Club with approval of the Trophy Club Town Council being required for
approval and award of the contract for the Project. All change orders for
the Project shall be approved by Trophy Club, Roanoke, and NISD prior to
such change order taking effect and becoming a part of the Construction
Contract. Change orders which do not change the contributions amounts
of Trophy Club, Roanoke, and NISD, as specified in Sections 3.03 to 3.05
of this Agreement, may be approved administratively by the Trophy Club
Town Manager, Roanoke City Manager, and NISD Superintendent or
Assistant Superintendent. Trophy Club Town Manager, Roanoke City
Manager, and NISD Superintendent or Assistant Superintendent shall act
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Town Council 51 of 104 Meeting Date: December 7. 2009
on the change orders within seven (7) days of submission to Trophy Club,
Roanoke, and NISD. Failure to act upon said change order within seven
(7) days of submission shall constitute approval of the change order.
Change orders which request a change in the amount of money to be paid
by the Party or Parties to the Third Party Contractor shall be forwarded to
the Party or Parties which it affects, and such Party or Parties shall place
the change order on the agenda for the next regularly scheduled meeting
of its respective governing body. Failure to take action within twenty-five
(25) days of the receipt of such change order shall constitute approval of
the change order.
2.03 Plans and Specifications – Review and Approval. Pursuant to the
Funding and Development Agreement, Trophy Club shall obtain plans and
specifications for the Project prepared by Centurion (hereinafter “Project
Plans”) and submit the Project Plans to the Parties for approval. The
Project Plans shall comply with all requirements of the Town of Trophy
Club Design Standards and Construction Specifications, dated March,
2005, a copy of which is incorporated herein by reference (hereinafter
“Design Standards”). Trophy Club shall return all comments within thirty
(30) business days of receipt of the Project Plans, or any amendment to
previously approved Project Plans.
Further, the Parties agree that Roanoke’s Engineer shall be responsible
for final approval of the Project Plans and that the Project Plans shall not
be released for use until such time as the Roanoke Engineer and
Roanoke City Manager have provided their written approval of those
Project Plans. The Roanoke Engineer and Roanoke City Manager shall
have thirty (30) business days of receipt of the Project Plans, or any
amendment to previously approved Project Plans to either approve or
deny the Project Plans or proposed amendment. If Roanoke fails to
provide comments and/or deny approval of the Project Plans and/or
applicable amendments prior to the expiration of the applicable thirty (30)
day period, the Project Plans and/or applicable amendments thereto shall
be deemed approved by Roanoke.
2.04 Construction Standards and Inspection. The Project shall be
constructed and inspected in accordance with applicable state law and
Trophy Club ordinances regulating construction and development,
including without limitation the Design Standards, and the provision of a
payment and performance bond in accordance with Section 2253.021 of
the Texas Government Code, as amended. Roanoke agrees that the
Design Standards shall be applicable to the Project . Inspection of the
Project to confirm compliance with applicable requirements will be either
by a third-party inspector or in-house inspector selected by Trophy Club.
2.05 Final Acceptance and Maintenance of Project. Roanoke understands
and agrees that as Project Manager and as the entity contracting with the
Third Party Contractor constructing the Project, Trophy Club will be
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Town Council 52 of 104 Meeting Date: December 7. 2009
required to make a determination whether final acceptance under the
Construction Contract is appropriate. Upon notification from Roanoke that
Roanoke has approved final acceptance of the Project and upon
determination by the Trophy Club Engineer that the Project complies with
all Project Plans, the Town Engineer shall recommend that Trophy Club
issue final acceptance of the Project for purposes of fulfilling its
contractual obligations to the Third Party Contractor and its obligations
under this Agreement as Paying Agent. The maintenance period for the
entire Project shall commence on the date that Trophy Club issues
appropriate final acceptance documentation under the Construction
Contract to the Third Party Contractor. Trophy Club shall not issue final
acceptance in phases, segments, or units. Upon completion and final
acceptance of the Project, Roanoke shall be responsible for maintenance
of Project improvements.
SECTION 3
COST PARTICIPATION
3.01 Paying Agent. As Project Manager, Trophy Club agrees to and shall act
as the paying agent for the Parties for making periodic payments and for
other payment purposes under the Construction Contract. Cost
participation shall be in accordance with the terms of this Paragraph.
Trophy Club shall establish an account designated and used exclusively
as the repository for funds for the Project (hereinafter “Construction
Fund”). Within thirty (30) days after the award of a contract for the
construction of the Project, Trophy Club, Roanoke, and NISD shall deposit
their respective share of the costs of the Project into the Construction
Fund. Trophy Club, Roanoke, and NISD shall be entitled to accrued
interest earned upon their respective share of the Construction Fund.
Payments by County shall be made in accordance with Sections 3.02 and
3.07 of this Agreement. Trophy Club shall remit accrued interest earned
on the Construction Fund to Roanoke and NISD on a monthly basis, and
Trophy Club shall be entitled to withdraw the accrued interest on Trophy
Club’s portion of the Construction Fund on a monthly basis. The
respective share of any accrued interest shall be determined by
contribution amounts specified in Paragraphs 3.03, 3.04, or 3.05 of this
Agreement as appropriate divided by the sum total of the contribution
amounts specified in Paragraphs 3.03, 3.04, and 3.05 of this Agreement.
3.02 Cost Sharing/Cost Overrun. Costs of the Project shall be divided among
Trophy Club, Roanoke, and NISD in the same proportion as the amount
contributed by each Party bears to the total estimated cost of the Project,
as such proportion is specifically identified in Exhibit “B,” a copy of
which is attached hereto and incorporated herein (hereinafter
“Proportionate Share”). As more specifically described in Paragraph 3.07
below, County shall contribute a sum in the amount of Two Hundred and
Thirty Thousand and No/100 Dollars ($230,000.00) to the cost of the
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Town Council 53 of 104 Meeting Date: December 7. 2009
Project (hereinafter “County Contribution”). Centurion shall contribute a
lump sum in the amount of One Hundred Fifty Eight Thousand Five
Hundred and Eighteen and 82/100 Dollars ($158,518.82) towards the
cost of the Project (hereinafter “Centurion Contribution”), as set forth in the
Funding and Development Agreement. The total estimated cost of the
Project is Seven Hundred Fifteen Thousand and No/100 Dollars
($715,000.00), which total includes contingencies in accordance with
Exhibit “B” (hereinafter “Engineer’s Probable Cost Opinion (Entity
Allocation Summary)”). The County Contribution shall be a credit against
the Proportionate Share due from Trophy Club, Roanoke, and NISD as
more specifically described in Paragraph 3.08 below. Cost Overrun
(defined below) shall be shared among the Parties in accordance with
Paragraph 3.08 of this Agreement
3.03 Trophy Club. In performance of this Agreement, Trophy Club, as
evidenced by the signature of its representative below, affirms that the
governing body of Trophy Club approves of the expenditure of Trophy
Club funds to participate in the funding of the Project in an amount not to
exceed Ninety-One Thousand and Ninety Six and 93/100 Dollars
($9,096.93) for the Project, except as provided below, in order to pay
Trophy Club’s portion of the Project as established by the Engineer’s
Probable Cost Opinion. Trophy Club’s Financial Officer has certified as
part of this Agreement that Trophy Club has the such sum in its budget to
be expended for this Project. Trophy Club agrees to pay its Proportionate
Share of such Cost Overrun for the Project in accordance with the terms
of Paragraph 3.08 of this Agreement.
3.04 Roanoke. In performance of this Agreement, Roanoke, as evidenced by
the signature of its representative below, affirms that the governing body
of Roanoke approves of the expenditure of Roanoke funds to participate
in the funding of the Project in an amount not to exceed Sixty Thousand
Nine Hundred Forty Eight and 43/100 Dollars ($60,948.43) except as
provided below, in order to pay Roanoke’s portion of the Project as
established by the Engineer’s Probable Cost Opinion. Roanoke’s Financial
Officer has certified as part of this Agreement that Roanoke has such sum
in its budget to be expended for this Project. Roanoke agrees to pay its
Proportionate Share of such Cost Overrun for the Project in accordance
with the terms of Paragraph 3.08 of this Agreement.
3.05 NISD. NISD, as evidenced by the signature of its representative below,
affirms that the governing body of the NISD approves of the expenditure of
NISD funds to participate in the funding of the Project in an amount not to
exceed One Hundred Seventy Four Thousand Nine Hundred Thirty Five
and 82/100 Dollars ($174,935.82) for the Project except as provided
below, in order to pay NISD’s portion of the Project as established by the
Engineer’s Probable Cost Opinion. The foregoing sum is part of the
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Town Council 54 of 104 Meeting Date: December 7. 2009
remaining balance of the One Million Four Hundred Ninety Two Thousand
Three Hundred Eighteen and 88/100 Dollars ($1,492,318.88) originally
approved by the NISD Board on May 27, 2008 as NISD’s contribution to
the cost of constructing and improving Bobcat Boulevard to its connection
with Highway 377. NISD’s total combined cost for the completed portion
of the Bobcat Boulevard improvements and this Project shall not exceed
the original NISD approved amount of One Million Four Hundred Ninety
Two Thousand Three Hundred Eighteen and 88/100 Dollars
($1,492,318.88). NISD’s Financial Officer has certified as part of this
Agreement that NISD has such sum in its budget to be expended for this
Project. NISD agrees to pay its Proportionate Share of such Cost Overrun
for the Project in accordance with the terms of Paragraph 3.08 of this
Agreement.
3.06 Approval of County Funds for Road Project within Trophy Club and
Roanoke. As evidenced by the signature of the respective
representatives for Trophy Club and Roanoke below, the respective
governing bodies of Trophy Club and Roanoke each have approved the
expenditure of County money to participate in the funding of the Project in
an amount of Two Hundred Thirty Thousand and No/100 Dollars
($230,000.00).
3.07 County. In accordance with the terms of this section, County agrees to
tender payment to Trophy Club as Paying Agent in the amount of Two
Hundred Thirty Thousand and No/100 Dollars ($230,000.00) for its portion
of the funding of the Project (hereinafter “County Contribution”). As
Trophy Club proceeds with the completion of the Project, Trophy Club shall
submit invoices for reimbursement to the Denton County Auditor, James
Wells, 401 W. Hickory Street, Suite 423, Denton, Texas 76201, on a monthly
basis, and County shall reimburse Trophy Club for all approved expenses
related to the Project within thirty (30) calendar days of receipt of an invoice
from Trophy Club, provided that all expenditures are made in a manner
which is consistent with the terms of this Agreement. Upon satisfactory
completion of the Project, County and Trophy Club shall prepare and
complete a full audit of the Project. Trophy Club shall submit a copy of all
invoices to Mr. John Polster, c/o Innovative Transportation Solutions, Inc.,
2701 Valley View lane, Farmers Branch, Texas 75234 at the same time
invoices are submitted to the Denton County Auditor.
As evidenced by the signature of its representative below, County
represents and warrants that its funding source is approved by the Denton
County Commissioner’s Court. County’s Financial Officer has certified as
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Town Council 55 of 104 Meeting Date: December 7. 2009
part of this Agreement that County has such sum in its budget to be
expended for this Project.
3.08 Application of County Contribution / Construction Fund Excess /
Cost Overrun. The County Contribution shall be applied as a credit
against the Proportionate share of funding provided by Trophy Club,
Roanoke, and NISD in proportion to their Proportionate Shares. . In the
event that the Engineer’s Probable Cost Opinion for the Project is more
than the actual cost of the Project, then Trophy Club, Roanoke, and NISD
shall each receive a refund based upon their Proportionate Share of the
Project. In the event that the Engineer’s Probable Cost Opinion for the
Project is less than the actual cost of the Project awarded in the
Construction Contract (“Cost Overrun”), and to the extent allowed by law,
Trophy Club, Roanoke, and NISD shall each pay its Proportionate Share
of such Cost Overrun.
SECTION 4
MISCELLANEOUS
4.01 Term. This Agreement shall become effective upon approval by each of
the respective governing bodies of Trophy Club, Roanoke, NISD, and
County and upon execution by each of their respective authorized
representatives. The Parties recognize that the Project to be constructed
hereunder is a capital improvement project; therefore, this Agreement
shall remain in effect for an initial term of one (1) year after execution by
all Parties (hereinafter “Initial Term”). Upon the expiration of the Initial
Term, this Agreement shall automatically renew for one (1) additional term
of one year (1) unless terminated by written notice provided to all Parties
at least sixty (60) days prior to the expiration of the Initial Term.
4.02 Consideration. The Parties agree that sufficient consideration for this
Agreement exists and is found in the agreements of the Parties set forth
above and other good and valuable consideration paid and services
received pursuant to this Agreement. Each of the Parties hereto paying
for the performance of governmental functions or services shall make
such payments only from current revenues legally available to the paying
party. Each of the Parties further agrees that it is fairly compensated for
the services or functions performed under the terms of this Agreement.
4.03 Termination And Release. Anything contained herein to the contrary
notwithstanding, upon satisfactory completion by the Third Party
Contractor and final acceptance of the Project by Trophy Club and
Roanoke, and further, upon final payment to Third Party Contractor for the
Project by Trophy Club, as Paying Agent, this Agreement shall
automatically terminate without further action being required of the Parties.
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Town Council 56 of 104 Meeting Date: December 7. 2009
4.04 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 the election by a Party 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 for that Party. Additionally, one instance of
forbearance by the any party in the enforcement of any such right, remedy
or privilege against another Party, shall not constitute a waiver of any
other or such right, remedy or privilege by the forbearing Party. A default
by any Party under this Agreement shall not result in a forfeiture of any
rights, remedies, or privileges under this Agreement by such defaulting
Party.
4.05 Amendment. This Agreement may not be amended or modified unless
such amendment or modification is in writing and signed by an authorized
representative of each of the Parties hereto. Additionally, any such
amendment or modification signed by the Parties shall only be valid if
done pursuant to the vote of the respective governing body of each Party
authorizing such amendment or modification to this Agreement.
4.06 Assignment. This Agreement may not be sold, transferred, or assigned
by any Party without the express written consent of the other Parties
hereto.
4.07 Entire Agreement. This Agreement constitutes the entire agreement
between the Parties and supersedes all prior agreements, whether oral or
written, covering the same subject matter. This Agreement may not be
modified or amended except in writing mutually approved in accordance
with Paragraph 4.05 herein.
4.08 Notices. Written notice shall be deemed effective as of the date of
posting with the United States mail service. All notices hereunder shall be
given in writing by certified mail, postage prepaid, return receipt requested,
at the following addresses for each Party:
Trophy Club:
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
Attention: Brandon Emmons, Town Manager
Roanoke:
City of Roanoke
108 S. Oak Street
Roanoke, Texas 76262
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Attention: Jimmy Stathatos, City Manager
NISD:
Northwest Independent School District
P.O. Box 77070
Fort Worth, Texas 76177
Attention: Dennis McCreary, Assistant Superintendent
County:
Denton County, Texas
c/o Denton County Judge
Courthouse on the Square
110 W. Hickory Street, 2nd Floor
Denton, Texas, 76201
Attention: Honorable Andy Eads
With copy to:
Denton County District Attorney’s Office
Attention: Civil Division
1450 East McKinney Street, Suite 3100
Denton, Texas 76209
4.09 Applicable Law / Venue. This Agreement is entered into under and
made pursuant to, and is to be construed and enforceable in accordance
with the laws of the State of Texas. Exclusive venue for any action to
enforce or construe this Agreement shall lie in Denton County, Texas.
4.10 Immunity. The fact that the Parties individually and/or collectively accept
certain responsibilities relating to Project under this Agreement as part of
their responsibility for providing the public infrastructure set forth in this
Agreement makes it imperative that the performance of the obligations
imposed under this Agreement be recognized as a governmental function
and that the doctrine of governmental immunity shall be, and it is hereby,
invoked to the extent possible under the law. Neither Trophy Club,
Roanoke, NISD or County waives any immunity or defense that would
otherwise be available to it against claims arising from the exercise of
governmental powers and functions.
4.11 Severability. In the event that any portion of this Agreement shall be
found by a court of competent jurisdiction to be contrary to law, it is the
intent of the Parties hereto that the remaining portions of this Agreement
shall remain valid and in full force and effect to the extent possible.
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Town Council 58 of 104 Meeting Date: December 7. 2009
4.12 Relationship of Parties. The Parties intend that Trophy Club, Roanoke,
NISD and County, in performing their obligations hereunder, shall act as
independent parties and shall each have control of their respective
obligations and the manner in which its obligations are performed. Neither
Trophy Club, Roanoke, NISD or County, or their respective employees,
contractors, agents, representatives, or any other person(s) operating
under this Agreement on behalf of one or more of the Parties hereto, shall
be considered an agent or employee of any other Party hereto. Each of
the Parties agrees to and accepts full responsibility for the acts,
negligence and/or omissions of their respective employees, contractors,
agents, representatives, or any other person(s) operating under this
Agreement on behalf of such Party.
4.13 No Third Party Beneficiary. This Agreement is not intended to effect or
create any additional rights or obligations on the part of third parties who
are not a signatory to this Agreement.
4.14 Construction of Document. This Agreement is a negotiated document
and shall be deemed drafted equally by all Parties hereto. The language
of all parts of this Agreement shall be construed as a whole according to
its fair meaning, and any presumption or principle that the language herein
is to be construed against any Party shall not apply.
4.15 Force Majeure. None of the Parties hereto shall be required to perform
any term, condition, or covenant in this Agreement so long as
performance is delayed or prevented by force majeure, which shall mean
acts of God, strikes, lockouts, material or labor restrictions by any
governmental authority, civil riots, floods, and any other cause not
reasonably within the control of such Party and which by the exercise of
due diligence such Party is unable, wholly or in part, to prevent or
overcome.
4.16 Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
EXECUTED as of the ______ day of ________________________, 2009.
TOWN OF TROPHY CLUB, TX
By:_____________________________
Connie White, Mayor
ATTEST:
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____________________________
Lisa Hennek, Town Secretary
APPROVED AS TO FORM:
_____________________________
Patricia A. Adams, Town Attorney
EXECUTED as of the ______ day of ________________________, 2009.
CITY OF ROANOKE, TX
By:_____________________________
Carl E. Gierisch, Jr., Mayor
ATTEST:
____________________________
April Hill, City Secretary
APPROVED AS TO FORM:
_____________________________
Jeff Moore, City Attorney
DENTON COUNTY, TX
By:_______________________________
Denton County Commissioner, Andy Eads
ATTEST:
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Town Council 60 of 104 Meeting Date: December 7. 2009
____________________________
County Clerk
APPROVED AS TO FORM:
_____________________________
County Attorney
EXECUTED as of the _____ day of ____________________, 2009.
NORTHWEST INDEPENDENT
SCHOOL DISTRICT
By:________________________
ATTEST:
____________________________
Title: ___________________
APPROVED AS TO FORM:
_____________________________
NISD Attorney
ILA – 377 Connector Road Northwest Parkway November 2009 – Page 13
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EXHIBIT A
PROJECT
(Next Page)
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EXHIBIT B
ENGINEER’S PROBABLE COST OPINION.
(ENTITY ALLOCATION)
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Town Council 66 of 104 Meeting Date: December 7. 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-518-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/23/2009 Town Council
On agenda:Final action:12/7/2009
Title:Consider and take appropriate action regarding an Ordinance amending the FY 2009-2010 Budget to
make a supplemental appropriation for the Parks Department budget (Medians/Common Areas
Property Maintenance line) for FY 2009-2010 as a result of a refund of a prior year expenditure.
Attachments:Ord. 2009- Amending FY 2009-10 Budget-Parks.pdf
Action ByDate Action ResultVer.
Town Council 67 of 104 Meeting Date: December 7. 2009
109-518-T Version:File #:
Title
Consider and take appropriate action regarding an Ordinance amending the FY 2009-2010 Budget to make a
supplemental appropriation for the Parks Department budget (Medians/Common Areas Property Maintenance line) for FY
2009-2010 as a result of a refund of a prior year expenditure.
Body
Section 9.06(a) of the Town Charter provides:
(a) Supplemental Appropriations. If during or before the fiscal year the Town Manager certifies that there are available
for appropriation revenues in excess of those estimated in the budget, the Council by ordinance may make supplemental
appropriations for the year up to the amount of such excess.
The Town paid a contractor $2,900.00 from the 2008-2009 budget to perform work on the repair/replacement of the
marquee located on Trophy Wood Drive. The $2,900.00 was one-half of the total cost of those repairs. The contractor
notified the Town in November, 2009 that he would be unable to provide those services and refunded the $2,900.00
payment to the Town.
Exhibit "A" to the ordinance is a certification by the Town Manager that the $2,900.00 is revenue in excess of that
estimated in the 2009-2010 budget and recommends that those funds be appropriated for the Medians/Common Areas -
Property Maintenance line of the Parks Department budget for use in the repair/replacement of the marquee on Trophy
Wood Drive. t will come from the PID Restricted Fund.
Town Council 68 of 104 Meeting Date: December 7. 2009
TOWN OF TROPHY CLUB
ORDINANCE NO. 2009-____
AN ORDINANCE OF THE TOWN OF TROPHY
CLUB, TEXAS AMENDING THE FY 2009-2010
BUDGET OF THE TOWN OF TROPHY CLUB,
TEXAS; PROVIDING FOR THE INCORPORATION
OF PREMISES; PROVIDING FOR AN AMENDMENT
(BUDGET AMENDMENT NO. 1 MAKING A
SUPPLEMENTAL APPROPRIATION IN
ACCORDANCE WITH THE TOWN CHARTER);
PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2009-2010
Budget was adopted within the time and in the manner required by State Law;
and
WHEREAS, in that Budget, the Town Council appropriated funds for
various expenditures based upon estimated revenues that the Town anticipated
during the current fiscal year; and
WHEREAS, in September, 2009, the Town paid a contractor the sum of
$2,900.00 to perform work for the Parks and Recreation Department with funds
that were appropriated in the Town’s FY 2008-2009 Budget; and
WHEREAS, in November, 2009, the contractor notified the Town that it
would be unable to provide the contracted service and refunded the $2,900.00
previously paid to contractor by the Town for the completion of those services;
and
WHEREAS, as a result of the return of money from the contractor, the
Town received an additional $2,900.00 in revenues in the FY 2009-2010 Budget,
which revenues are in excess of those estimated in the FY 2009-2010 Budget;
and
WHEREAS, Section 9.06 (a) of the Town Charter provides for
supplemental appropriations if during the fiscal year the Town Manager certifies
that revenues in excess of those estimated in the budget are available for
appropriation; and
ORDINANCE NO. 2009-
1
Town Council 69 of 104 Meeting Date: December 7. 2009
WHEREAS, upon a certification of excess revenues by the Town
Manager, the Council by ordinance may make supplemental appropriations for
the year up to the amount of the excess revenues; and
WHEREAS, as a result of the refund by contractor, the Town Manager
has certified that there are available for appropriations $2,900.00 in excess
revenues above those estimated in the FY 2009-2010 Budget, a copy of the
Town Manager’s Certification is attached hereto and incorporated herein as
Exhibit “A”; and
WHEREAS, the Town Council accepts the Town Manager’s certification
and recommendation and finds that the services originally contracted for by the
Parks and Recreation Department are still necessary and therefore determines it
appropriate to approve this Ordinance making a supplemental appropriation of
$2,900.00 as an amendment to the FY 2009-2010 Budget as more specifically
set forth in Exhibit “B”, attached hereto; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas hereby
finds and determines that it is prudent to amend the FY 2009-2010 Budget as
set forth in Exhibit “B” due to the receipt of additional revenues; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas further
finds that the amendment, as set forth in Exhibit “B”, will serve in the public
interest and is necessary to support Town operations; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas finds
and determines that the change in the Budget for the stated municipal purpose
serves best interests of the taxpayers, is necessary and warrants action at this
time;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are
incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
The Town of Trophy Club, Texas, Fiscal Year 2009-2010 Budget is hereby
amended to provide for a supplemental appropriation in the amount of $2,900.00
as set forth in Exhibit “B”, a copy of which is attached hereto and incorporated
herein. This Amendment No. 1 (Exhibit “B”) to the Original FY 2009-2010 Budget
ORDINANCE NO. 2009-
2
Town Council 70 of 104 Meeting Date: December 7. 2009
of the Town of Trophy Club, Texas, for the Fiscal Year 2009-2010 shall be
attached to and made part of the Original Budget by the Town Secretary and
shall be filed in accordance with State Law. This Ordinance is hereby adopted
and shall constitute the first budget amendment that has occurred since the
October 1, 2009 effective date of the Town’s Fiscal Year 2009-2010 Budget.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the
Town affecting the Fiscal Year 2009-2010 Budget of the Town and shall not
repeal any of the provisions of such Ordinances except in those instances where
provisions of those Ordinances are in direct conflict with the provisions of this
Ordinance; whether such Ordinances are codified or uncodified, and all other
provisions of the Ordinances of the Town of Trophy Club, codified or uncodified,
not in conflict with the provisions of this Ordinance, shall remain in full force and
effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of the Ordinance, and the Town Council
hereby declares it would have passed such remaining portions of the Ordinance
despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to
engross and enroll this Ordinance in the Ordinance records of the Town and to
properly record this Ordinance in accordance with the Town Charter.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in
accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this the 7th day of December, 2009.
_______________________________
Mayor, Connie White
ORDINANCE NO. 2009-
3
Town Council 71 of 104 Meeting Date: December 7. 2009
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
[SEAL]
_______________________________
Patricia Adams, Town Attorney
Town of Trophy Club, Texas
ORDINANCE NO. 2009-
4
Town Council 72 of 104 Meeting Date: December 7. 2009
Town Council 73 of 104 Meeting Date: December 7. 2009
ORDINANCE NO. 2009-
6
Exhibit “B”
Town of Trophy Club
Budget Amendment No. 1
Fiscal Year 2009‐2010 General Fund Revenue and Expenditure Budget
Increases of $2,900 for median improvements.
Original Budget Amendment Amended Budget
Revenue:
Refund of Prior Year
Expenditure $ ‐0‐ $ 2,900 $ 2,900
Expenditure:
Medians/Common Areas –
Property Maintenance $ 61,750 $ 2,900 $ 64,650
Town Council 74 of 104 Meeting Date: December 7. 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-515-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/23/2009 Town Council
On agenda:Final action:12/7/2009
Title:Consider and take appropriate action regarding an Interlocal Cooperative Purchasing Agreement by
and between Parker County and the Town of Trophy Club.
Attachments:Interlocal Purchasing Agreement between Parker and the Town.pdf
Action ByDate Action ResultVer.
Town Council 75 of 104 Meeting Date: December 7. 2009
109-515-T Version:File #:
Title
Consider and take appropriate action regarding an Interlocal Cooperative Purchasing Agreement by and between Parker
County and the Town of Trophy Club.
Body
Two Chevrolet Tahoe Police vehicles were budgeted in the FY 2009-10 budget. The Police Department is able to piggy-
back on the Parker County Competitive bid that was awarded to Reliable Chevrolet in Richardson upon approval of an
Interlocal Agreement by both parties. The pricing found in this bid is less than that found on the Comptrollers web site.
Upon approval the Police Department will work with Finance to obtain the best source of funding for these vehicles which
are priced at $24,152 each. With factory installed equipment the vehicles will be $25,060 each.
Staff respectfully requests approval for the Interlocal Agreement between the Town of Trophy Club and Parker County.
Town Council 76 of 104 Meeting Date: December 7. 2009
1
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT
BY AND BETWEEN PARKER COUNTY, TEXAS AND
TOWN OF TROPHY CLUB, TEXAS
THIS AGREEMENT is made and entered into by and between PARKER COUNTY, a
political subdivision of the State of Texas, and TOWN OF TROPHY CLUB, a political
subdivision of the State of Texas.
WHEREAS, Section 271.102, Local Government Code, allows local governments to
participate in cooperative purchasing programs which allows the local governments to purchase
from a contract currently existing between another local government and a vendor, and such
process satisfies the state law competitive bid requirements; and
WHEREAS, PARKER COUNTY currently has a contract for products and/or services,
a copy of each such contract is attached to this agreement collectively as Exhibit “A” and each
such existing contract between PARKER COUNTY and the respective vendor is made a part of
this agreement as if recited herein verbatim; and, TOWN OF TROPHY CLUB has a need for
same and desires to enter into a Cooperative Purchasing Agreement with PARKER COUNTY
pursuant to Chapter 271 et seq. (Cooperative Purchasing Program), Local Government Code in
order to make purchases for products and/or services provided by such vendors; and
WHEREAS, TOWN OF TROPHY CLUB agrees to prepare, execute, and administer its
own contract with the vendor and PARKER COUNTY shall not be a party to TOWN OF
TROPHY CLUB’S agreement with the vendor.
NOW, THEREFORE, PARKER COUNTY and TOWN OF TROPHY CLUB, for the
mutual consideration hereinafter stated, agree as follows:
Town Council 77 of 104 Meeting Date: December 7. 2009
2
1.
EFFECTIVE DATE
The effective date of this Agreement shall be effective upon execution by the parties.
II.
DUTIES OF TOWN OF TROPHY CLUB
TOWN OF TROPHY CLUB agrees to prepare, execute, and administer its own contract
with the vendor and PARKER COUNTY shall not be a party to the agreement with the vendor
and the other governmental entity. PARKER COUNTY shall have no obligations for payment
to vendor for any services or goods incurred by any party other than PARKER COUNTY. Any
payments owed the vendor for services or goods shall be paid directly by TOWN OF TROPHY
CLUB. TOWN OF TROPHY CLUB will be responsible for the vendor’s compliance with
provisions relating to the quality of items and terms of delivery; and any other terms or conditions
of its agreement with the vendor.
III.
TERMINATION
This Agreement may be terminated at any time, with or without cause, by either party
giving thirty (30) days advance written notice to the other party.
IV.
NOTICE
Notice as required by this Agreement shall be in writing delivered to the parties via
facsimile or certified mail at the addresses listed below. Each party shall notify the other in
writing within ten (10) days of any change in the information in this paragraph.
PARKER COUNTY TOWN OF TROPHY CLUB
Honorable Mark Riley Connie White
County Judge Mayor
PARKER COUNTY, Texas TOWN OF TROPHY CLUB, Texas
COUNTY, Texas 100 Municipal Drive
One Courthouse Square Trophy Club, Texas 76262
Weatherford, Texas 76086
Town Council 78 of 104 Meeting Date: December 7. 2009
3
V.
HOLD HARMLESS
Each party does hereby agree to waive all claims against, release, and hold harmless the
other party and its respective officials, officers, agents, employees, in both their public and
private capacities, from any and all liability, claims, suits, demands, losses, damages, attorney
fees, including all expenses of litigation or settlement, or causes of action which may arise by
reason of injury to or death of any person or for loss of, damage to, or loss of use of any property
arising out of or in connection with this contract.
In the event of joint or concurrent negligence of the parties, responsibility, if any, shall be
apportioned comparatively in accordance with the laws of the State of Texas, without, however,
waiving any governmental immunity available to either party individually under Texas law,
PARKER COUNTY shall be responsible for its sole negligence. TOWN OF TROPHY CLUB
shall be responsible for its sole negligence. The provisions of this paragraph are solely for the
benefit of the parties hereto and are not intended to create or grant any rights, contractual or
otherwise, to any other person or entity.
VI.
ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between PARKER
COUNTY and TOWN OF TROPHY CLUB 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
This Agreement and any of its terms or provisions, as well as the rights and duties of the
parties hereto, shall be governed by the laws of the State of Texas, and this Agreement is
performable in PARKER COUNTY, Texas. Exclusive venue shall be PARKER COUNTY,
Texas.
Town Council 79 of 104 Meeting Date: December 7. 2009
4
VIII.
SEVERABILITY
The provisions of this agreement are severable. In the event that any paragraph, section,
subdivision, sentence, clause, or phrase of this agreement shall be found to be contrary to the law,
or contrary to any rule or regulation having the force and effect of the law, such decisions shall
not affect the remaining portions of this agreement. However, upon the occurrence of such event,
either party may terminate this Agreement by giving the other party thirty (30) days written notice
of its intent to terminate.
IX.
AUTHORITY TO SIGN/COMMISSIONERS COURT AUTHORIZATION
The undersigned officer and/or agents of the parties hereto are duly authorized officials
and possess the requisite authority to execute this Agreement on behalf of the parties hereto.
TOWN OF TROPHY CLUB has executed this Agreement pursuant to the duly authorized vote
of the TOWN OF TROPHY CLUB Town Council Meeting on ___________, 2009. PARKER
COUNTY has executed this Agreement pursuant to the vote duly authorized PARKER
COUNTY Commissioners Court on _____________________, 2009.
X.
ASSIGNMENT AND SUBLETTING
The parties agree that the rights and duties contained in this Agreement will not be
assigned or sublet without the prior written consent of both parties.
XI.
INTERPRETATION OF AGREEMENT
This is a negotiated Agreement, should any part of this Agreement be in dispute, the
parties stipulate that the Agreement shall not be construed more favorably for either party.
Town Council 80 of 104 Meeting Date: December 7. 2009
5
XII.
REMEDIES
No right or remedy granted herein or reserved to the parties is exclusive of any right or
remedy granted by law or equity; but each shall be cumulative of every right or remedy given
hereunder. No covenant or condition of this Agreement may be waived without the express
written consent of the parties. It is further agreed that one (1) or more instances of forbearance
by either party in the exercise of its respective rights under this Agreement shall in no way
constitute a waiver thereof.
EXECUTED in duplicate originals this _____day of ___________________, 2009.
PARKER COUNTY, TEXAS TOWN OF TROPHY CLUB, TEXAS
By: ________________________ By: ___________________________
Honorable Mark Riley Connie White
COUNTY JUDGE MAYOR
One Courthouse Square 100 Municipal Drive
Weatherford, Texas 76086 Trophy Club, Texas 76262
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: ________________________ By: _________________________
John Forrest
PARKER COUNTY ATTORNEY TOWN OF TROPHY CLUB ATTORNEY
Town Council 81 of 104 Meeting Date: December 7. 2009
6
ACKNOWLEDGMENTS §
§
STATE OF TEXAS §
§
COUNTY OF PARKER §
This instrument was acknowledged before me on the ____day of ______________, 2009,
by Honorable Mark Riley, County Judge of PARKER COUNTY, TEXAS, a political
subdivision of the State of Texas, on behalf of such subdivision.
_____________________________________
Jeane Bruson, County Clerk
STATE OF TEXAS §
§
TOWN OF TROPHY CLUB §
This instrument was acknowledged before me on the ______day of ______________,
2009, by ________________, Mayor of TOWN OF TROPHY CLUB, TEXAS, a political
subdivision of the State of Texas, on behalf of such subdivision.
_____________________________________
Notary Public, State of Texas
Town Council 82 of 104 Meeting Date: December 7. 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-517-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/23/2009 Town Council
On agenda:Final action:12/7/2009
Title:Consider and take appropriate action regarding planning and organizing the Town's 25th Anniversary
festivities.
Attachments:
Action ByDate Action ResultVer.
Town Council 83 of 104 Meeting Date: December 7. 2009
109-517-T Version:File #:
Title
Consider and take appropriate action regarding planning and organizing the Town's 25th Anniversary festivities.
Body
The Council discussed this item at their November 16, 2009 meeting. Mayor White stated that she would continue to
work with Town Manager Emmons and Staff and then come back to Council with a recommendation.
Town Council 84 of 104 Meeting Date: December 7. 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-514-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/23/2009 Town Council
On agenda:Final action:12/7/2009
Title:Consider and take appropriate action cancelling the December 21, 2009 Regular Town Council
meeting.
Attachments:
Action ByDate Action ResultVer.
Town Council 85 of 104 Meeting Date: December 7. 2009
109-514-T Version:File #:
Title
Consider and take appropriate action cancelling the December 21, 2009 Regular Town Council meeting.
Town Council 86 of 104 Meeting Date: December 7. 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-519-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/23/2009 Town Council
On agenda:Final action:12/7/2009
Title:Items for future Agendas.
Attachments:Items for Future Agendas.pdf
Action ByDate Action ResultVer.
Town Council 87 of 104 Meeting Date: December 7. 2009
109-519-T Version:File #:
Title
Items for future Agendas.
Town Council 88 of 104 Meeting Date: December 7. 2009
Items for Future Agendas.
1. Pending a meeting between the Town Manager Emmons and the City of Roanoke, receive a report from
Town Manager Emmons regarding the sound barrier issues on the east side and conversations with
TXDOT. (Wilson)
2. Consider and receive input for regarding options to improve the upkeep of rental property, with or without
creating a Building Standard Commission. (Edstrom - 4/21/08)
3. Item to receive a report from Town Manager Emmons regarding an update on the Comprehensive Land
Plan. (Edstrom - 10/20/08 & Strother 10/19/09)
4. Consider and take appropriate action regarding a Library Focus Group or other plan for exploring options
and compiling data for a future library. (Wilson)
5. Consider and take appropriate action regarding culvert issues on Skyline Park. (Wilson added on 4/6/09)
6. Item to receive a report from Town Manager Emmons regarding option to alleviate the congestion of
games/practices on the baseball and the parking issues. (Wilson added May 6, 2009)
7. Item after FY08-09, Considering future EMS negotiations. (Wilson added on August 17, 2009)
8. Council goals and objectives. (Edstrom added on August 17, 2009)
9. Item to receive a report from Town Manager Emmons regarding the delinquency for Town of Trophy Club
Public Improvement District No. 1 (The Highlands at Trophy Club), NH8. (Wilson added on September 28,
2009)
10. Item to discuss the concept for term limits for Committees. (White added on 11/2/09)
Town Council 89 of 104 Meeting Date: December 7. 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-520-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/23/2009 Town Council
On agenda:Final action:12/7/2009
Title:Receive a progress report from Council Member Wilson regarding the November 17, 2009 TCMUD1
Meeting; discussion of same.
Attachments:
Action ByDate Action ResultVer.
Town Council 90 of 104 Meeting Date: December 7. 2009
109-520-T Version:File #:
Title
Receive a progress report from Council Member Wilson regarding the November 17, 2009 TCMUD1 Meeting; discussion
of same.
Body
·Finance department status report on software search.
·Discussion of Westlake's verbal request for fire services bid.
·Preliminary research data presentation and discussion of same regarding MUD/Town shared employee
expenditures.
·TML Region 8 event approval.
Town Council 91 of 104 Meeting Date: December 7. 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-521-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/23/2009 Town Council
On agenda:Final action:12/7/2009
Title:Mayor and Council Update regarding training opportunities, educational sessions, upcoming events
and regional meetings; discussion of same.
Attachments:
Action ByDate Action ResultVer.
Town Council 92 of 104 Meeting Date: December 7. 2009
109-521-T Version:File #:
Title
Mayor and Council Update regarding training opportunities, educational sessions, upcoming events and regional
meetings; discussion of same.
Body
Mayor White and Council to provide a brief update on their attendance at the following meetings and events:
December Chamber Luncheon
ICS 400 Training
Council Retreat/Strategic Planning Session
Metroport Cities Partnership
Denton County Precinct 4 Meeting
Trophy Club Christmas Event - Parade, Tree Lighting and Reception
TCWC Tour of Homes
Town Council 93 of 104 Meeting Date: December 7. 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-497-T Name:
Status:Type:Agenda Item Executive Session
File created:In control:11/10/2009 Town Council
On agenda:Final action:12/7/2009
Title:Council to convene into executive session pursuant to Texas Government Code, Annotated,
Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the goals and objectives,
evaluation and contract extension of Town Manager, Brandon Emmons.
Attachments:Emmons Contract 12-2008.pdf
Action ByDate Action ResultVer.
Town Council 94 of 104 Meeting Date: December 7. 2009
109-497-T Version:File #:
Title
Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.074(a) "Personnel Matters, to discuss the goals and objectives, evaluation and contract extension of Town Manager,
Brandon Emmons.
Body
On November, 2, 2009, the Council was emailed the following reminder:
The following is from Brandon’s contract:
2.01 Tenure.The Town Manager shall serve at the pleasure of the Town Council and nothing herein shall be taken to
imply or suggest a guaranteed tenure. Upon Council approval,this Agreement shall become effectiveon June 1, 2008
and shall terminate on June 1, 2011 unless terminated earlier as otherwise providedherein. Such termination date shall
automatically be extended for a period of one (1) year unless the Town Council takes formal action to cancel the
extension before December 15, 2009 and before December 15th each year thereafter.
Brandon'scontract will be automatically extend for one year unless the Council desires to cancel this extension, which will
requireCouncil action prior to December15
th meeting. If you would wish to havethis item placed on the November16
th
or December 7th, please let me know as soon as possible.
If there is no response by 5:00 on November30
th , (deadlinefor the December7
th Council Agenda), it will be considered
as tacit approval for the automatic extension of the agreement.
On November 9, 2009 Mayor White requested an agenda item to discuss Brandon's Evaluation and Contract to allow the
Council to discuss in Executive Session, following with a review in open session. Mayor White requested Town Manager
Emmons prepare a status on his objectives for this item.
Town Council 95 of 104 Meeting Date: December 7. 2009
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 5th day of May, 2008, by and
between the Town of Trophy Club, Texas, a Home Rule Municipal Corporation,
(hereinafter “Town”) and Brandon Emmons, an individual, (hereinafter “Town
Manager”).
WITNESSETH
WHEREAS, Town desires to employ Brandon Emmons as the Town Manager for the
Town of Trophy Club as provided by the Trophy Club Town Charter, (hereinafter
“Charter”); and
WHEREAS, it is the desire of the Trophy Club Town Council (hereinafter “Council”) to
provide certain benefits, establish certain conditions of employment, and to set certain
working conditions for Town Manager; and
WHEREAS, Brandon Emmons desires to accept and continue employment as
Manager, and an officer, of Town on the terms and conditions outlined herein below:
and
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, and hereinbefore stated, the parties agree as follows:
SECTION 1.
POWERS AND DUTIES OF MANAGER
1.01 Generally. The Town Council hereby retains Brandon Emmons as Town
Manager for the Town of Trophy Club effective June 1, 2006, to perform the
functions and duties specified in the Charter, and to perform such other duties
and functions as the Town Council shall from time to time assign, which are not
inconsistent with the Charter, laws, Ordinances, or this Agreement.
1.02 Changes. The Town Council shall fix any other reasonable terms and conditions
of service, as it determines from time to time, relating to the performance of Town
Manager, provided such terms and conditions are not inconsistent with or in
conflict with the provisions of this Agreement, the Charter or other law.
SECTION 2.
TERM AND CONDITIONS
2.01 Tenure. The Town Manager shall serve at the pleasure of the Town Council and
nothing herein shall be taken to imply or suggest a guaranteed tenure. Upon
Extended 12/15/08 (Final)
June 1, 2008 and shall terminate on June 1, 2011
1
Town Council 96 of 104 Meeting Date: December 7. 2009
Council approval, this Agreement shall become effective on June 1, 2008 and
shall terminate on June 1, 2011 unless terminated earlier as otherwise provided
herein. Such termination date shall automatically be extended for a period of one
(1) year unless the Town Council takes formal action to cancel the extension
before December 15, 2009 and before December 15th each year thereafter.
2.01 Resignation or Retirement. Nothing in this Agreement shall prevent, limit or
otherwise interfere with the right of the Town Manager to resign or retire at any
time from his/her position with the Town. The Town Manager agrees to provide a
thirty (30) day written notice of such resignation.
2.02 Termination by Council. Nothing in this Agreement shall prevent, limit, or
otherwise interfere with the right of the Town Council to terminate the services of
Town Manager at any time, subject only to the provisions of this Agreement.
2.03 Exclusive Employee. Town Manager agrees to remain in the exclusive employ
of Town as its Town Manager while employed by the Town.
2.04 Limitations and Indemnification. The Town Manager shall serve in
accordance with the limitations specified in the Charter and receive the
indemnification benefits specified in the Charter for Town employees and officers
upon appropriate action by the Town Council as specified in the Charter.
SECTION 3.
SALARY
3.01 Town agrees to budget and pay Town Manager for his/her services rendered
pursuant to this Agreement an annual base salary of $121,642.04 , payable in
installments at the same time as other employees of the Town are paid. Such
annual salary may be modified from time to time by notice to Town Manager, in
writing, referencing this Agreement and signed by the Mayor or Mayor Pro Tem
of the Town holding office at the time as approved by Town Council.
3.02 For the purpose of annual budgeting, Town Manager shall be evaluated for
performance and salary/merit increases on an annual basis, occurring by the first
of June each year. Town Council may conduct such other performance reviews
at intervals determined appropriate by the Town Council without having such
reviews tied to the Town Manager’s compensation.
3.02 Town Manager recognizes that this Agreement shall commence upon the day
first written above and continue in full force and effect until termination in
accordance with its provisions. Town Manager and Town herein recognize that
the continuation of any contract after the close of any given fiscal year of the
Town of Trophy Club, which fiscal year ends on September 30th of each year,
shall be subject to Trophy Club Town Council approval. In the event that the
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Trophy Club Town Council does not approve the appropriation of funds for this
Agreement, this Agreement shall terminate at the end of the fiscal year for which
funds were appropriated and the parties shall have no further obligations
hereunder. The parties agree and understand that this fiscal funding clause is
included as a part of this Contract in order to comply with state constitutional
requirements and is not intended as a means to circumvent the provisions of
Section Five of this Agreement. The Town agrees to act in good faith regarding
the funding of this Agreement.
SECTION 4.
BENEFITS
4.01 TMRS and Social Security. Town Manager shall be covered and governed by
the same Texas Municipal Retirement System (TMRS) provisions and applicable
Social Security provisions as all regular Town employees.
4.02 Leave. Town Manager shall receive vacation, personal and sick leave on the
same basis as all regular Town employees.
4.03 Insurance Coverage. The Town Manager shall be covered by all the same
medical, dental and other insurance plans as all regular Town employees. Town
Manager shall pay all premiums for dependants in accordance with Town policies
applicable to regular Town employees.
4.04 Fringe Benefits. All provisions of the Charter, rules and regulations of the Town
relating to fringe benefits and working conditions shall apply to the Town
Manager as they would to all regular employees of Town.
4.05 Cellular Phone. The Town shall provide a cellular phone for use of the Town
Manager in accordance with policies applicable to all regular Town employees.
4.06 Car Allowance. The Town shall provide a car allowance in the amount of
$500.00 per month to the Town Manager payable on or about the first day of
each month. Such car allowance shall be intended to reimburse the Town
Manager for all business usage of his/her personal vehicle for travel related to
Town business.
4.07 Expenses, Memberships and Training. The Town shall pay for all reasonable
and budgeted Town business expenses justified by itemized receipts.
Additionally, through the budgeting process, the Town Council has the discretion
to pay for training for the Town Manager and for Town Manager’s membership in
such professional associations or organizations as Council determines
appropriate and beneficial to the Town Manager in the performance of his/her job
duties.
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4.08 Computer Equipment. The Town shall budget for and provide a laptop
computer and related equipment for Town Manager’s use. Such use by Town
Manager shall be subject to the rules and regulations applicable to all regular
Town employees.
4.09 Applicability of Town Charter and Regulations. All provisions of the Charter,
Ordinances, and regulations and rules of the Town relating to vacation, sick
leave, retirement, pension system contributions, holidays, or other fringe benefits
and working conditions as they now exist or hereafter may be amended, shall
also apply to the Town Manager as they would to all regular employees of Town
in addition to the other benefits enumerated specifically for the benefit of Town
Manager in this Agreement. Application of such benefits shall not be construed
to affect or otherwise change the status of Town Manager from independent
contractor to employee.
SECTION 5.
TERMINATION AND SEVERANCE PAY
5.01 Severance - Compensation. Provided the Town Manager is physically able to
perform the functions of Town Manager, and in the event the Town Council
terminates Town Manager’s employment during any term of this Agreement for
any reason other than that provided in Section 5.03 of this Agreement, Town
agrees to pay the Town Manager a lump sum cash payment equal to three (3)
months salary and to continue to pay premiums on applicable insurance
coverages for the three (3) month period immediately following the effective date
of termination and any accrued sick or vacation leave. If the termination occurs
after the election, swearing in and seating of at least three (3) new members of
Town Council (not including the Mayor), the Town agrees to pay the Town
Manager a lump sum cash payment equal to six (6) months salary and to
continue to pay premiums on applicable insurance coverage’s for the six (6)
month period immediately following the effective date of termination and any
accrued sick or vacation leave.
5.02 Inability to Perform. Should the Town Manager become permanently disabled
or otherwise unable to perform his/her duties because of sickness, accident,
injury, mental incapacity or health for a period of four (4) weeks beyond any
accrued leave, the Town Council shall have the right to terminate this Agreement
without providing severance compensation.
5.03 Termination for Cause. If the Town Manager is terminated for “just cause” then
only obligation to the Town Manager is to pay all compensation and benefits
accrued but unpaid at the date of termination. “Just Cause” is defined and
limited for the purposes of this Agreement, to the following reasons:
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a. Any willful breach, disregard or habitual neglect of duties requested of the
Town Manager by the Town Council and formally communicated to the Town
Manager in writing if requested, or required to be performed by the Town
Manager under the Charter or Ordinances of the Town, and laws of the
Unites States and State of Texas.
b. Any misconduct involving an act of moral turpitude or conviction of a felony or
Class “A” misdemeanor.
b. Any misapplication, misuse or misappropriation by Town Manager of Town
funds or assets entrusted to or administered by Town Manager.
5.04 Deemed Termination. Provided the Town Manager is physically able to perform
the functions of Town Manager, and in the event that Town, at any time after the
effective date of this Agreement and during the term thereof, reduces the salary
or other financial benefits of Town Manager in a greater percentage than an
applicable across the board reduction for all regular Town employees; or in the
event that Town refuses, following written notice, to comply with any provision of
this Agreement benefiting Town Manager; or should Town Manager resign upon
the formal or informal request of a majority of the Town Council; then, in that
event, Town Manager may, at his option be deemed to be “terminated” at the
date of such reduction, refusal, or resignation and shall be entitled to the three
(3) month cash severance payment and insurance benefit for the three (3) month
period as described in Section 5.01 above, or within six (6) months after the
election, swearing in and seating of at least three (3) new members of Town
Council (not including the Mayor), the Town Manager shall be entitled to the six
(6) month cash severance payment and insurance benefit for the six (6) month
period as described in Section 5.01 above.
5.04 Release. Contemporaneously with the delivery of severance pay under Section
5 of this Agreement, the Town Manager agrees to execute and deliver to the
Town Council all releases, releasing the Town, its employees and
representatives, and the Town Council, both collectively and individually in their
private and official capacities, from all claims that the Town Manager may have
against the Town of Trophy Club or the Town Council, either collectively or
individually, in corporate, private or official capacities.
SECTION 6.
CONFLICT OF INTEREST
It is understood and agreed that because of the duties of the Town within and one
behalf of the Town of Trophy Club and its citizenry, Town Manager shall not, during the
term of this Agreement, individually as a partner, joint venture, officer or shareholder,
invest or participate in any business venture conducting business in the corporate limits
of the Town of Trophy Club, except for stock ownership in any company whose capital
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stock is publicly held and regularly traded without prior approval of the Town Council.
During the term of this Agreement Town Manager further agrees, except for a personal
residence or residential property acquired or held for future use as his/her personal
residence, not to invest in any other real estate or property improvement within the
corporate limits of the Town without the prior written consent of the Town Council.
SECTION 7.
RESIDENCY
The Town Manager shall establish residency in the Town unless excused by Town
Council as provided in the Charter.
SECTION 8.
MISCELLANEOUS
8.01 Entire Agreement. This agreement represents the entire and integrated
agreement between Town and Town Manager 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.
8.02 Severability. In the event that any provision or portion of this Agreement shall
be found to be contrary to law, invalid, or unenforceable, 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.
IN WITNESSS WHEREOF, by proper action taken at an open meeting, the Town
Council of the Town of Trophy Club has caused this Agreement to be signed and
executed on its behalf by its Mayor and duly attested by its Town Secretary and Town
Manager has signed and executed this Agreement on the date set forth above.
TOWN OF TROPHY CLUB, TEXAS
Date: ______________ BY:
______________________________
Nick Sanders, Mayor
BRANDON EMMONS, TOWN MANAGER
Date: ______________
Extended 12/15/08 (Final)
June 1, 2008 and shall terminate on June 1, 2011
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Extended 12/15/08 (Final)
June 1, 2008 and shall terminate on June 1, 2011
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BY: ______________________________
ATTEST:
_________________________________
Town Secretary
APPROVED AS TO FORM:
_________________________________
Town Attorney
Town Council 102 of 104 Meeting Date: December 7. 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-499-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/10/2009 Town Council
On agenda:Final action:12/7/2009
Title:Consider and take appropriate action relative to Executive Session Item Number File ID 09-497.
Attachments:
Action ByDate Action ResultVer.
Town Council 103 of 104 Meeting Date: December 7. 2009
109-499-T Version:File #:
Title
Consider and take appropriate action relative to Executive Session Item Number File ID 09-497.
Town Council 104 of 104 Meeting Date: December 7. 2009