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Agenda Packet TC 11/14/2011Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:00 PMMonday, November 14, 2011 CALL TO ORDER AND ANNOUNCE A QUORUM WORKSHOP SESSION - 6:00 P.M. 1.2011-597-T Recognition of Employee of the Quarter; discussion of same. 2.2011-582-T Presentation by Freese and Nichols of preliminary findings for justification of storm drainage fee increase to help fund costs of public infrastructure drainage improvements of Phase 1 of Trophy Club Storm Water Master Plan; discussion of same. Storm Drainage Report - TC Council 11-14-11.pdfAttachments: 3.2011-583-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for November 14, 2011. 4.2011-584-T Discussion of proposed agenda items for the December 12, 2011 Regular Session Agenda. December 12 Proposed Agenda Items.pdfAttachments: CONVENE INTO REGULAR SESSION - ESTIMATED START TIME - 7:00 P.M. INVOCATION PLEDGES Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. 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. Town Council Page 1 of 155 Meeting Date: November 14, 2011 November 14, 2011Town Council Meeting Agenda 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. 5.2011-586-T Consider and take appropriate action regarding the Minutes dated October 17, 2011. October 17 2011 Minutes.pdfAttachments: 6.2011-585-T Consider and take appropriate action regarding an interlocal agreement between the Town and Tarrant County Emergency Services District No. 1 to provide Emergency Medical Services to a designated service area, and authorizing the Mayor or her designee to execute all necessary documents. Tarrant County Emergency Services ILA 2012.pdfAttachments: REGULAR SESSION 7.2011-598-T Receive Staff update on PD-30; discussion of same. 8.2011-527-T Consider and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 3, Phase 2B (14.313 acres) located in The Highlands at Trophy Club. Applicant: Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K. Hovnanian Homes-DFW, LLC (FP-10-039) A. Subdivider's Agreement for Phase 2B and 2C have been combined, therefore, Subdivider's Agreement for this plat is considered with next agenda item -- Neighborhood 3, Phase 2C plat. Staff Report - 2B - TC 111411.pdf Application - K. Hovnanian.pdf Application - Standard Pacific.pdf Town Engineer Approval.pdf Attachments: 9.2011-528-T Consider and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 3, Phase 2C (5.937 acres) located in The Highlands at Trophy Club. Applicant: Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K. Hovnanian Homes-DFW, LLC (FP-11-040) A. Subdivider's Agreement - Consider and take appropriate action regarding a Subdivider's Agreement between the Town and K. Hovnanian Homes-DFW L.L.C. and Standard Pacific of Texas, Inc. for Neighborhood 3, Phase 2B and Phase 2C. Staff Report - 2C - TC - 111411.pdf Application - K Hovnanian.pdf Application - Standard Pacific.pdf SUBDIVIDER'S AGREEMENT - NH 3, Ph 2B & 2C.pdf Attachments: Town Council Page 2 of 155 Meeting Date: November 14, 2011 November 14, 2011Town Council Meeting Agenda 10.2011-587-T Consider and take appropriate action regarding an Ordinance amending Article 2 Entitled “Traffic And Vehicles” of Chapter 10 Entitled “Public Safety” of the Code Of Ordinances of the Town of Trophy Club, Texas by repealing Section 2.05 (E) "Overnight Parking" and adopting a new Section 2.05 (E) "Overnight Parking"; amending Section 2.01 "Definitions" as necessary, providing for a penalty; and providing an effective date. ORD 2011-39 Overnight Parking Version A - redline.pdf ORD 2011-39 Overnight Parking Version B - redline.pdf Attachments: 11.2011-596-T Consider and take appropriate action regarding a Resolution casting the Town’s allocated votes (18) for a candidate to serve as a member of the Denton Central Appraisal District Board of Directors; and providing an effective date. DCAD BOD memo.pdf RES 2011-27 DCAD Appraisal District Board Votes.pdf Attachments: 12.2011-589-T Consider and take appropriate action regarding a Resolution casting the Town’s allocated vote (1) for a candidate to serve as a member of the Tarrant Appraisal District Board of Directors; and providing an effective date. TAD BOD memo.pdf RES 2011-28 TAD Appraisal District Board.pdf Attachments: 13.2011-588-T Consider and take appropriate action regarding an Interlocal Agreement for Employee and Contractual Services between the Town of Trophy Club and TCMUD No. 1 for Fiscal Year 2011-2012, and authorizing the Mayor or her designee to execute all necessary documents. Employee Services - Town FINAL - redline.pdfAttachments: 14.2011-591-T Consider and take appropriate action regarding the regularly scheduled Town Council meetings for the month of January 2012. January 2012 Calendar.pdfAttachments: 15.2011-590-T Consider and take appropriate action regarding financial and variance report for October 2011. October 2011 Monthly Financials.pdfAttachments: 16.2011-592-T Town Council Liaison Updates; discussion of same: - October 18, 2011 - TC MUD No. 1 Meeting - Council member Cantrell - November 8, 2011 - Parks & Recreation Board Meeting - Council member Tiffany 17.2011-593-T Town Manager Slye's update regarding the following; discussion of the same. - Strategic Plan Update - Traffic signal at Bobcat Boulevard and SH 377 Update - Regional Developer’s Summit - Metroport Chamber of Commerce Town Council Page 3 of 155 Meeting Date: November 14, 2011 November 14, 2011Town Council Meeting Agenda 18.2011-594-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - October 20, 2011 Metroport Cities Partnership Meeting - October 20, 2011 Emergency Preparedness Planning Council Meeting - October 21, 2011 Neighbor Helping Neighbor Meeting - October 27, 2011 Byron Nelson High School Golf Team Breakfast - October 27, 2011 NCTCOG Member Symposium and Luncheon: Focus on the Future - November 1, 2011 - Chamber Luncheon - November 4, 2011 - Heart of North Texas - November 5, 2011 - Independence East Grand Opening - November 9, 2011 - Northwest Communities Partnership Meeting - November 9, 2011 - Baylor Grapevine Groundbreaking and Blessing 19.2011-595-T Items for Future Agendas. Future Agenda Items List.pdfAttachments: This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. 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, November 10, 2011 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. _______________________________ Shannon DePrater, 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 ______________________, 2011. ________________________________, Title: ___________________________ Town Council Page 4 of 155 Meeting Date: November 14, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-597-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/8/2011 Town Council On agenda:Final action:11/14/2011 Title:Recognition of Employee of the Quarter; discussion of same. Attachments: Action ByDate Action ResultVer. TITLE Recognition of Employee of the Quarter; discussion of same. Town Council Page 5 of 155 Meeting Date: November 14, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-582-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/7/2011 Town Council On agenda:Final action:11/14/2011 Title:Presentation by Freese and Nichols of preliminary findings for justification of storm drainage fee increase to help fund costs of public infrastructure drainage improvements of Phase 1 of Trophy Club Storm Water Master Plan; discussion of same. Attachments:Storm Drainage Report - TC Council 11-14-11.pdf Action ByDate Action ResultVer. TITLE Presentation by Freese and Nichols of preliminary findings for justification of storm drainage fee increase to help fund costs of public infrastructure drainage improvements of Phase 1 of Trophy Club Storm Water Master Plan; discussion of same. EXPLANATION: In February, 2011, the Town Council approved an agreement for professional services with Freese and Nichols (FNI) to conduct a drainage analysis of the Town. FNI presented the results of Phase 1 of the study to the Council in August 2011 and is now ready to present preliminary estimates and justification of a drainage fee increase to help fund the cost of Phase 1 public infrastructure improvements. TOWN COUNCIL GOAL(S): Goal #4: Picturesque and Environmentally Sound Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Hire, develop, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Workshop item. Discussion only. Public Hearing notification will occur in December and this item will be brought back to Council in January for discussion and action. Town Council Page 6 of 155 Meeting Date: November 14, 2011 Storm Water Program Updates Kelly Dillard, P.E., CFM Trey Shanks NOVEMBER 14, 2011 Town Council Page 7 of 155 Meeting Date: November 14, 2011 Storm water program update •Storm water studies review •Storm water utility fee recommendations •Supplemental grant funding opportunities Town Council Page 8 of 155 Meeting Date: November 14, 2011 Trophy Club Study Areas: Phase I •Trophy Club Drive at Marshall Branch •Skyline Creek (Indian Creek) Channel Analysis •The Knoll/Overhill Drive Drainage Analysis •Fresh Meadows/Iverness Pond and Drainage System •Cypress Court Channel Town Council Page 9 of 155 Meeting Date: November 14, 2011 Trophy Club Drive at Marshall Branch •Improvement Alternatives •Full Solution: Upstream and Downstream Grading + 500’ Bridge –Opinion of Cost $5.2 M •25-Year Return Event Solution –8 -12x10 MultiBox Culverts –Opinion of Cost $4.0 M total Town Council Page 10 of 155 Meeting Date: November 14, 2011 Town Council Page 11 of 155 Meeting Date: November 14, 2011 Skyline (Indian) Creek Channel Analysis •Channel Reconstruction –T.W. King to Golf Course –3500 Linear Feet –Crossing Upgrades at Greenleaf, Indian Creek and T.W. King –Opinion of Cost $5.9 M –Doesn’t include property acquisition or permitting Town Council Page 12 of 155 Meeting Date: November 14, 2011 Town Council Page 13 of 155 Meeting Date: November 14, 2011 Town Council Page 14 of 155 Meeting Date: November 14, 2011 Overhill/Timber Ridge Drainage System •Regrading of Existing Detention Pond on GC •Diversion along Skyline •Upsize Timber Ridge System •Opinion of Cost -$240,000 Town Council Page 15 of 155 Meeting Date: November 14, 2011 Town Council Page 16 of 155 Meeting Date: November 14, 2011 Fresh Meadow/Inverness Pond and Drainage System •Revise pond outfall for additional storm storage •Regrade Downstream Channel •Upsize Existing Storm Sewer Sizes and Inlets •Opinion of Cost -$451,000 Town Council Page 17 of 155 Meeting Date: November 14, 2011 Town Council Page 18 of 155 Meeting Date: November 14, 2011 Cypress Court Tributary •Preliminary Geomorphology •Issues are related to erosion, not capacity •Recommend Point Repairs •Maintain Natural Channel and Aesthetic Condition •Estimate of Construction Cost -$1.3 M Town Council Page 19 of 155 Meeting Date: November 14, 2011 Town Council Page 20 of 155 Meeting Date: November 14, 2011 Projects Summary •Trophy Club Drive -$4.0 M - $5.3M •Cypress Court -$1.3 M •Inverness/Fresh Meadow -$0.45 M •Timber Ridge –$0.24 M •Indian Creek -$5.90 M •TOTAL OPCC -$13.2 M Town Council Page 21 of 155 Meeting Date: November 14, 2011 Storm water utility overview •Common, equitable storm water funding approach •Service-based fee •Restricted to drainage-related costs •Stable, reliable source •Fees based on use of storm system •Authorized by State Law (LGC 552, Subchapter C) –Allows cities to establish drainage user fee –Reasonable, equitable, non-discriminatory Town Council Page 22 of 155 Meeting Date: November 14, 2011 Trophy Club storm water utility fee •Town established storm water utility in 2003 •Flat residential rate ($3.00/mo.) •Non-residential declining block rate ($15 - $52.50/mo.) Town Council Page 23 of 155 Meeting Date: November 14, 2011 Storm water utility recommendations •Increase fee from $3.00 to $6.00 per month to fund identified storm water capital projects –Trophy Club Drive -$4.0 M -$5.3M –Cypress Court -$1.20 M –Inverness/Fresh Meadow -$0.43 M –Timber Ridge –$0.26 M –Indian Creek -$5.43 M –TOTAL OPCC -$12.1 M •Revise rate structure to enhance equitability –Remove declining block rate for non-residential –Calculate non-residential fees on a site-specific basisTown Council Page 24 of 155 Meeting Date: November 14, 2011 Fee structure •Nondiscriminatory •Reasonable •Equitable •Directly related to drainage service Less administrative burden More administrative burden Less equitable More equitable Site-by site ratesTiered ratesFlat rate Capped rate Town Council Page 25 of 155 Meeting Date: November 14, 2011 Basis for proposed storm water utility fee structure adjustment Storm Water Utility Category Rate Relative to Residential Residential 100% No n -re s i d e n t i a l 0 -10,000 sq ft 210% -500% 10,001 –50,000 sq ft 50% -260% 50,001 -100,000 sq ft 35% -70% 100,001 –200,000 sq ft 20% -40% 200,001 –400,000 sq ft 13% -25% 400,001 –3,000,000 sq ft 2% -15% Town Council Page 26 of 155 Meeting Date: November 14, 2011 Basis for proposed storm water utility fee structure adjustment Property Type % of Storm System Use (Impervious Area) % of Storm Water Utility Revenue Residential 67%87% Commercial 11%5% School District 14%3% Town 3%3% Church 2%1% Multi-Family 3%1% Total 100%100% Town Council Page 27 of 155 Meeting Date: November 14, 2011 Proposed fee structure approach •Fee based on impervious area •ERU –equivalent residential unit –3,500 square feet impervious area •Count of ERUs –3,108 Residential –1,493 Non-Single Family Residential Town Council Page 28 of 155 Meeting Date: November 14, 2011 Revenue based on rate structures Category Existing $3.00 Rate Existing Structure Proposed $6.00 Rate Existing Structure Proposed $6.00 Rate Proposed Structure Residential $111,900 $223,800 $223,800 Commercial $7,100 $14,200 $37,100 School District $3,700 $7,400 $45,500 Town $3,200 $6,400 $9,500 Church $1,400 $2,800 $5,700 Multi-Family $1,000 $2,000 $8,500 Total $128,300 $256,600 $330,100 Town Council Page 29 of 155 Meeting Date: November 14, 2011 Services at rate options •Current ($3.00) fee –$100,000 for staff and equipment –$28,000 for studies and projects –$128,000 annual revenue •Proposed ($6.00) fee –$100,000 for staff and equipment –$166,000 for studies and projects –$256,000 annual revenue •Proposed ($6.00) fee + proposed (site-specific) structure –$100,000 for staff and equipment –$230,000 for studies and projects –$330,000 annual revenue Town Council Page 30 of 155 Meeting Date: November 14, 2011 Grant funding opportunities Hazard Mitigation Grant Program •FEMA grant managed by Texas Division of Emergency Management –Prepare Hazard Mitigation Action Plan (HMAP) –Buyouts (HMAP required) –Structure elevation (HMAP required) –Localized flood projects (HMAP required) •25% local / 75% federal match •Can be authorized following a Presidential Disaster Declaration •Currently available due to wildfires (FEMA-4029-DR) •Process / Timeline –December 2, 2011 Submit Notice of Interest to TDEM –January 2012 Selected applicants requested to submit application –March 23, 2012 Grant applications due to TDEM –Summer? 2012 FEMA selects award recipients –3 years to complete projectTown Council Page 31 of 155 Meeting Date: November 14, 2011 Grant funding opportunities Flood Protection Planning Grant •Texas Water Development Board grant –Watershed studies •50% local / 50% State match •Annual program –January deadline •Multi-jurisdiction applications get bonus points! •HMAP not required •Process / Timeline –January 11, 2012 Submit Notice of Interest to TDEM –March/April 2012 TWDB selects award recipients –2 years to complete study Town Council Page 32 of 155 Meeting Date: November 14, 2011 Storm Water Program Updates November 2011 Kelly Dillard, P.E., CFM Trey Shanks Town Council Page 33 of 155 Meeting Date: November 14, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-583-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/7/2011 Town Council On agenda:Final action:11/14/2011 Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for November 14, 2011. Attachments: Action ByDate Action ResultVer. TITLE Discussion of agenda items posted for consideration on the Regular Session Council Agenda for November 14, 2011. Town Council Page 34 of 155 Meeting Date: November 14, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-584-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/7/2011 Town Council On agenda:Final action:11/14/2011 Title:Discussion of proposed agenda items for the December 12, 2011 Regular Session Agenda. Attachments:December 12 Proposed Agenda Items.pdf Action ByDate Action ResultVer. TITLE Discussion of proposed agenda items for the December 12, 2011 Regular Session Agenda. Town Council Page 35 of 155 Meeting Date: November 14, 2011 Meeting Date 12/12/2011 Item File ID Staff Have ARF? Workshop Session Receive presentation from Parks re: Parks and Pool Updates Discussion of agenda items posted for consideration on the Regular Session Council Agenda for December 12, 2011. Town Sec Discussion of proposed agenda items for the January 9, 2011 Regular Session Agenda. Town Sec Consent Consider and take appropriate action regarding the Minutes dated November 14, 2011 Town Sec Public Hearing Planned Development District for a 26.354 acre tract of land known as “Beck Property” located on State Highway 114 and Trophy Club Drive. CD / Legal Regular Session Consider and take appropriate action regarding a Planned Development District for a 26.354 acre tract of land known as “Beck Property” located on State Highway 114 and Trophy Club Drive. CD / Legal Maintenance Agreement - HOA Legal PD-21 (Regency) Replat CD Special Events Ordinance Amendment CD/Legal Roundabout ROW / Presentation (Final Concept Plan)CD/Legal Consider and take appropriate action regarding financial and variance report dated November 2011. Finance Town Council Liaison Updates; discussion of same: Schedule by meetings - Town Sec Town Manager Slye's update regarding the following; discussion of the same. - Town Sec Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - Town Sec Items for Future Agendas.Town Sec Executive Session Consider and take appropriate action regarding the Executive Session. Town Council Page 36 of 155 Meeting Date: November 14, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-586-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:11/7/2011 Town Council On agenda:Final action:11/14/2011 Title:Consider and take appropriate action regarding the Minutes dated October 17, 2011. Attachments:October 17 2011 Minutes.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Minutes dated October 17, 2011. Town Council Page 37 of 155 Meeting Date: November 14, 2011 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, October 17, 2011 at 6:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, October 17, 2011. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Larry Hoover Mayor Pro Tem Margi Cantrell Council Member Glenn Strother Council Member Jeannette Tiffany Council Member TOWN COUNCIL MEMBERS ABSENT : Bill Rose Council Member STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Shannon DePrater Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Danny Thomas Fire Chief Eric Cannon Finance Director Carolyn Huggins Community Development Director April Reiling PIO / Marketing Manager Commissioner Gary Fickes Tarrant County Mayor White announced the date of October 17, 2011, called the meeting to order and announced a quorum at 6:08 p.m. Mayor White announced that Council member Rose would be absent and Council member Strother would be late. WORKSHOP SESSION 1. Overview of presentation made to Governor's Office for Economic Development; discussion of same. Mayor Pro Tem Hoover introduced Commissioner Gary Fickes and expressed his thanks for attending tonight’s meeting. Assistant Town Manager Seidel gave Council an overview of the presentation made to the Governor’s Office regarding Economic Development and addressed Questions. Commissioner Fickes thanked Seidel and Council for the opportunity to view the presentation and discussed area economic development with the Council. Presentation included in the minutes. Council member Strother arrived at 6:38 p.m. Town Council Page 38 of 155 Meeting Date: November 14, 2011 2. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for October 17, 2011. 3. Discussion of proposed agenda items for the November 7, 2011 Regular Session Agenda. Mayor White called a short break. CONVENE INTO REGULAR SESSION - START TIME 7:05 p.m. The Invocation was offered by Fire Chief Danny Thomas. The Pledges were led by Town Attorney Patricia Adams . PRESENTATION 4. Presentation of the Achievement for Excellence in Financial Reporting Award to the Finance Department; discussion of same. Town Manager Slye presented the Finance department with the Achievement for Excellence in Financial Reporting Award. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. No citizen presentations were made. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. Council member Cantrell requested that Consent Agenda Items 5 and 6 be removed. 7. Consider and take appropriate action regarding an Ordinance amending subsection “B”, “Stop Signs”, of Section 2.03 "Traffic Control Devices” of Article II, “Traffic & Vehicles” of Chapter 10 “Public Safety” of the Code of Ordinances of the Town to designate additional stop intersections throughout the Town and authorizing the placement of additional stop signs at those intersections; providing for a penalty; and providing an effective date. Motion made by Council member Cantrell, seconded by Council member Strother to approve Ordinance 2011-37 amending subsection “B”, “Stop Signs”, of Section 2.03 "Traffic Control Devices” of Article II, “Traffic & Vehicles” of Chapter 10 “Public Safety” of the Code of Ordinances of the Town to designate additional stop intersections throughout the Town and authorizing the placement of additional stop signs Town Council Page 39 of 155 Meeting Date: November 14, 2011 at those intersections; providing for a penalty; and providing an effective date. Motion carried unanimously. 5. Consider and take appropriate action regarding the Minutes dated October 3, 2011. 6. Consider and take appropriate action regarding the Minutes dated October 10, 2011 (Joint Workshop Session). Motion made by Council member Cantrell, seconded by Mayor Pro Tem Hoover to approve the Minutes dated October 3, 2011 and October 10, 2011 as amended and placed at the dais. Motion carried unanimously. REGULAR SESSION 8. Consider and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 3, Phase 2B (14.313 acres) located in The Highlands at Trophy Club. Applicant: Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K. Hovnanian Homes- DFW, LLC (FP-10-039) A. Subdivider's Agreement for Phase 2B and 2C have been combined, therefore, Subdivider's Agreement for this plat is considered with next agenda item -- Neighborhood 3, Phase 2C plat. 9. Consider and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 3, Phase 2C (5.937 acres) located in The Highlands at Trophy Club. Applicant: Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K. Hovnanian Homes- DFW, LLC (FP-11-040) A. Subdivider's Agreement - Consider and take appropriate action regarding a Subdivider's Agreement between the Town and K. Hovnanian Homes-DFW L.L.C. and Standard Pacific of Texas, Inc. for Neighborhood 3, Phase 2B and Phase 2C. Community Development Director Huggins stated the applicants (K. Hovnanian and Standard Pacific) for agenda 8 and 9 have requested that the plats be moved from the October 17 agenda to the next Council meeting. The plats will not change, Huggins asked Council to hold on to the plats and bring to the next council meeting. The applicants have provided a 30-day approval process waiver. Huggins asked that these two items be moved to the next agenda. 10. Consider and take appropriate action regarding an Ordinance amending Chapter 1 of the Code of Ordinances, "Administration", Article VIII, "Schedule of Fees" by repealing and amending various sections of the schedule of fees, to wit: Amending subsection “C" entitled Building (New Construction Residential & Commercial) of Section 8.03 entitled "Community Development Department", Adopting a new subsection “N” entitled “Other Inspections and Fees” of Section 8.03 entitled “Community Development Department”; Adopting a new section 8.10 entitled “Municipal Court”; providing a penalty; and providing an effective date. Town Manager Slye addressed the Council and explained the changes to the Schedule of Fees and addressed questions from Council. Motion made by Council member Cantrell, seconded by Mayor Pro Tem Hoover to approve Ordinance 2011-38 amending Chapter 1 of the Code of Ordinances, "Administration", Article VIII, "Schedule of Fees" by repealing and amending various sections of the schedule of fees, to wit: Amending subsection “C" Town Council Page 40 of 155 Meeting Date: November 14, 2011 entitled Building (New Construction Residential & Commercial) of Section 8.03 entitled "Community Development Department", Adopting a new subsection “N” entitled “Other Inspections and Fees” of Section 8.03 entitled “Community Development Department”; Adopting a new section 8.10 entitled “Municipal Court”; providing a penalty; and providing an effective date. Motion carried unanimously. 11. Consider and take appropriate action regarding an Ordinance amending Article 2 Entitled “Traffic And Vehicles” of Chapter 10 Entitled “Public Safety” of the Code Of Ordinances of the Town of Trophy Club, Texas by repealing Section 2.05 (E) "Overnight Parking" and adopting a new Section 2.05 (E) "Overnight Parking"; providing for a penalty; and providing an effective date. Police Chief Kniffen explained the proposed changes in the Ordinance and addressed questions from Council. Council member Hoover expressed his concern regarding commercial vehicles purchasing permits to park on the street; Council and Staff discussed the merits of commercial vehicles. Motion made by Mayor Pro Tem Hoover, seconded by Council member Cantrell, to table this agenda item and have Staff review and revise trucks and commercial vehicles to park in the driveway and not in the street and bring back. Motion failed 3-2-0; with Council members Cantrell, Hoover and Strother voting for and Mayor White and Council member Tiffany voting against. Motion made by Council member Cantrell, seconded by Council member Tiffany to approve Ordinance 2011-39 amending Article 2 Entitled “Traffic And Vehicles” of Chapter 10 Entitled “Public Safety” of the Code Of Ordinances of the Town of Trophy Club, Texas by repealing Section 2.05 (E) "Overnight Parking" and adopting a new Section 2.05 (E) "Overnight Parking"; providing for a penalty; and providing an effective date as presented. Motion failed 2-3-0, with Mayor White and Council member Tiffany voting for and Council members Cantrell, Hoover and Strother voting against. No action taken. 12. Consider and take appropriate action regarding the approval of a Resolution amending Resolution No. 2011-25 making annual appointments of citizens to serve on Town Boards, Commissions and Corporations in order to appoint persons to serve on the Planning and Zoning Commission, Zoning Board of Adjustment and the Parks and Recreation Board; and providing an effective date. Discuss and provide input appointing Parks and Recreation Board alternate number one, Tom Mills, to Park Board to serve in the position vacated by Board Member Steven Kohs. Town Manager Slye addressed Council and expressed that Staff has gone back to the Planning & Zoning Commission and Zoning Board of Adjustment with the Councils concerns and this item has been brought back for consideration. Planning & Zoning Chairman Hill addressed Council: Madam Mayor and Councilpersons: I am present this evening to again recommend reappointment to the Planning and Zoning Commission for 2-year terms expiring in 2013 for Dale Forest, Clayton Reed and myself. The next few months will be a decisive period in determining the future development of proposed PD-30 at the Town’s main entrance. I firmly believe that careful and deliberate evaluation of the developer’s proposal by experienced Commissioners will be a vital factor in the P&Z recommendation to Council. Town Council Page 41 of 155 Meeting Date: November 14, 2011 Based on his many years of experience in planning and development prior to establishing Trophy Club residence several years ago, Dale Forest is recommended for reappointment at this important time. Clayton Reed is a retired executive of a major international petroleum corporation with 15-plus years of service on the Planning and Zoning Commission and is a resident of Trophy Club since 1982. His reappointment is strongly recommended for the vital background knowledge he brings to Commission deliberations. I retired from Mobil Oil Corporation in 1990, and have been a resident and a participant in Town government since 1987…I hope to continue on the Commission, with your approval, at this critical time in the final major development project within the community. It has been my privilege as Chairman of P&Z in past years to evaluate and recommend appointments to the Commission. This year 3 seats are open for appointment. Three incumbents and six residents submitted applications: - Danny R. Mayer, Shale de Souza and Eric Unterwoldt each had less than 1 year of residency at the time of application and also expressed interest in other boards. - Patia Boomsma, a 2-year resident, is Planning Administrator for the city of Lewisville, Texas and is being considered for Zoning Board of Adjustment in 2011. - Larry Mundy is a 2011 appointee to EDC-4B. - Jim Moss is ineligible for appointment as he is an elected official of MUD-1. I respectfully request the Town Council reappoint Dale Forest, Clayton Reed and Gene Hill to the Planning and Zoning Commission for 2011-13 terms. Thank you for your consideration. Zoning Board of Adjustment Chairman Downey addressed Council and reiterated the overlap between Planning & Zoning and Zoning Board of Adjustment applicants. Downey expressed his appreciation of Community Development Director Carolyn Huggins’ ability to keep the applicants in order. Chair Downey recommended that both Kevin Barry and himself be reappointed as regular members. Ms. Patia Boomsma be appointed for a regular position expiring in 2013. As for the alternate positions, Chair Downey recommended Danny Mayor as an alternate, expiring in 2012 and Shali de Souza and Jarrod Tallman to the alternate positions expiring in 2013. Chair Downey also requested that the Council keep four alternates and recommended Robert (Bob Fair) for the second alternate position expiring in 2012. Council member Cantrell stated the following: Chairman Hill - I certainly appreciate with all the issues before us at this time which will greatly impact our community's future, needing to maintain the high level of expertise the P&Z commission has. Hence, I will support your recommendation. However, I would respectfully request that the P & Z commission work on finding a way by this time next year to add a new member to the commission. As I have stated often, I firmly believe fresh, new ideas are extremely important to all of our boards and commissions. And as equally important, are the opportunities we all have to help prepare new potential volunteers to hold future elected positions. And, therein lies why I have been so passionate about new volunteers being placed on our boards and commissions this year. Thank you for volunteering to continue to serve and I look forward to working with the P&Z members to develop the best plan possible for our entire community. Town Council Page 42 of 155 Meeting Date: November 14, 2011 Motion made by Council member Cantrell, seconded by Council member Tiffany to approve Resolution 2011-26 amending Resolution No. 2011-25 making annual appointments of citizens to serve on Town Boards, Commissions and Corporations in order to appoint persons to serve on the Planning and Zoning Commission, Zoning Board of Adjustment and the Parks and Recreation Board; and providing an effective date. Motion carried 4-1-0 with Mayor White, Council members Tiffany, Cantrell and Strother voting for and Mayor Pro Tem Hoover voting against. The following is a list of the new boards and commissions for FY2011-12: Parks and Recreation Board 1. Larry Lentzner (2014) 4. David Abdulky (2012) 8. James Hanna (2013) 2. Chris McCollister (2014) 5. Dave Glaser (2012) 9. Louis Hocker (2013) 3. Glenn Hurst (2014) 6. Robbie Thomas (2012) 10. Tim Mills (2013) 7. Kathy Trotter (2012) 11. Dean Murray (2013) Jeannette Tiffany (Council Liaison) Planning and Zoning Commission 1. Dale Forest (2013) 4. Mike Davidson (2012) 2. Gene Hill (2013) 5. Gary Richert (2012) 3. Clayton Reed (2013) 6. Dennis Sheridan (2012) 7. James Stephens (2012) Zoning Board of Adjustment 1. Patia Boomsma (2013) 4. Elisabeth Kaylor (2012) 2. Kevin Barry (2013) 5. Bob Radder (2012) 3. Bob Downey (2013) Alt. Robert (Bob) Fair (2012) Alt. Shali de Souza (2013) Alt. Danny Mayer (2012) Alt. Jarrod Tallman (2013) 13. Consider and take appropriate action regarding a contract between the Town and Brian Hall, AKA Brian the Animal Guy, for animal control services at a fixed rate; and authorizing the Mayor or her designee to execute all necessary documents. Police Chief Kniffen explained the proposed contract and addressed questions from Council. Motion made by Council member Cantrell, seconded by Mayor Pro Tem Hoover to approve a contract between the Town and Brian Hall, AKA Brian the Animal Guy, for animal control services at a fixed rate; and authorizing the Mayor or her designee to execute all necessary documents. Motion carried unanimously. 14. Consider and take appropriate action regarding the regularly scheduled Town Council meetings for the months of November and December. Motion made by Council member Tiffany, seconded by Council member Cantrell to have the following dates as Regular Session Meetings: November 14, 2011 Meeting and December 12, 2011 meeting. Motion carried unanimously. 15. Consider and take appropriate action regarding financial and variance report for September 2011 (Preliminary). Motion made by Council member Cantrell, seconded by Council member Tiffany to approve the Financials dated September 2011 (Preliminary). Motion carried unanimously. Town Council Page 43 of 155 Meeting Date: November 14, 2011 16. Town Council Liaison Updates; discussion of same: - October 11, 2011 - Parks & Recreation Meeting - Council member Tiffany Council member Tiffany updated the Council on the October Parks & Recreation board meeting and addressed questions. No action taken, update only. 17. Town Manager Slye's update regarding the following; discussion of the same. - Community Clean Up Event - Saturday, October 22 - Storm Drainage Fee Update Town Manager Slye updated the Council and addressed questions. No action taken, update only. 18. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - October 4 - Chamber Luncheon - October 4 - National Night Out - October 7 - Empowering Seniors - October 11-14 - TML Annual Conference Mayor White and Council members gave a brief update of the meetings they attended since the last Council meeting. No action taken, update only. 19. Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 4. Explore the feasibility of combining the EDCs and improved ways of expending EDC funds. (Strother, 2/24/2011) 5. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) 6. Consider and take appropriate action regarding Goals for the Town Manager. (Stotts, 4/18/2011) 7. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) 8. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011) 9. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011) 10. Rewrite of Handbook for Elected and Appointed Officials, with projected completion date of February 15, 2012. (Rose/Slye, 8/15/11) Town Council Page 44 of 155 Meeting Date: November 14, 2011 11. Consider and take appropriate action regarding splash pad options at Harmony Park, including input/direction from Council to Staff to start construction and have available next summer. (Strother, 8/1/2011) 12. Consider and take appropriate action regarding the Town’s park space located just north of the new ball fields at the corner of Parkview and Bobcat Boulevard to investigate whether or not it would be beneficial to place on the ballot, for citizens approval, to sale and rezone as commercial and provide the proceeds towards other parks and recreation needs. (Cantrell, 9/12/2011) 13. Schedule a strategic planning session (Strother, 9/12/2011) No additional items were added to the list. ADJOURN Motion made by Mayor Pro Tem Hoover, seconded by Council member Cantrell to adjourn. Motion carried unanimously. Meeting adjourned at 8:55 p.m. ___________________________________ ________________________________ Shannon DePrater, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 45 of 155 Meeting Date: November 14, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-585-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:11/7/2011 Town Council On agenda:Final action:11/14/2011 Title:Consider and take appropriate action regarding an interlocal agreement between the Town and Tarrant County Emergency Services District No. 1 to provide Emergency Medical Services to a designated service area, and authorizing the Mayor or her designee to execute all necessary documents. Attachments:Tarrant County Emergency Services ILA 2012.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding an interlocal agreement between the Town and Tarrant County Emergency Services District No. 1 to provide Emergency Medical Services to a designated service area, and authorizing the Mayor or her designee to execute all necessary documents. EXPLANATION: This is an annual mutual aid agreement for ambulance service for North Tarrant County Rural District. The estimated run activity is five per year. The Town is paid on a point system that is described in Exhibit "B" which is attached to the Agreement. TOWN COUNCIL GOAL(S): Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval of agreement. Town Council Page 46 of 155 Meeting Date: November 14, 2011 T o w n C o u n c i l P a g e 4 7 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 4 8 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 4 9 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 5 0 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 5 1 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 5 2 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 5 3 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 5 4 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 5 5 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-598-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/9/2011 Town Council On agenda:Final action:11/14/2011 Title:Receive Staff update on PD-30; discussion of same. Attachments: Action ByDate Action ResultVer. TITLE Receive Staff update on PD-30; discussion of same. Town Council Page 56 of 155 Meeting Date: November 14, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-527-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/30/2011 Town Council On agenda:Final action:11/14/2011 Title:Consider and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 3, Phase 2B (14.313 acres) located in The Highlands at Trophy Club. Applicant: Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K. Hovnanian Homes-DFW, LLC (FP-10-039) A. Subdivider's Agreement for Phase 2B and 2C have been combined, therefore, Subdivider's Agreement for this plat is considered with next agenda item -- Neighborhood 3, Phase 2C plat. Attachments:Staff Report - 2B - TC 111411.pdf Application - K. Hovnanian.pdf Application - Standard Pacific.pdf Town Engineer Approval.pdf Action ByDate Action ResultVer. Planning & Zoning Commission10/4/2011 1 TITLE Consider and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 3, Phase 2B (14.313 acres) located in The Highlands at Trophy Club. Applicant: Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K. Hovnanian Homes-DFW, LLC (FP-10-039) A. Subdivider's Agreement for Phase 2B and 2C have been combined, therefore, Subdivider's Agreement for this plat is considered with next agenda item -- Neighborhood 3, Phase 2C plat. EXPLANATION: This request is for approval for a final plat of Neighborhood 3, Phase 2B, for 42 residential lots on 14.313 acres. TOWN COUNCIL GOAL(S): Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: The plat has been reviewed for compliance with Town regulations. Management and the Town Engineer recommend approval. Town Council Page 57 of 155 Meeting Date: November 14, 2011 SUBJECT: Consider and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 3, Phase 2B (14.313 acres) located in The Highlands at Trophy Club. Applicant: Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K. Hovnanian Homes-DFW, LLC (FP-10-039) REQUEST: Consider a Final Plat of The Highlands at Trophy Club Neighborhood 3, Phase 2B in the W. Medlin Survey, Abstract No. 829 in the Town of Trophy Club, Denton County, Texas and containing 42 Residential Lots for a total of 14.313 acres. LOCATION: This property is located in the “Turnberry” addition of The Highlands, east of Trophy Club Drive, west of the Trophy Club Country Club golf course, north of the Quorum Apartments, and will be an extension of McLean Avenue and Montgomerie Avenue. ZONING: Planned Development District No. 27. All lots are Lot Type 2. Lot Type 2 Development Standards Minimum Lot Size: 10,000 sq. ft. (11,000 sq. ft. adjacent to golf course) Front Yard: 25-ft. Rear Yard: 25-ft. (non-golf course lot) 35-ft. (golf course) TOWN COUNCIL STAFF REPORT November 14, 2011 Case No. FP-10-039 Final Plat Lots 34-53, Block A; Lots 14-23, Block C; Lots 1-12, Block F The Highlands at Trophy Club Neighborhood 3, Phase 2B Town Council Page 58 of 155 Meeting Date: November 14, 2011 Lot Type 2 Development Standards (Continued) Side Yard 7.5-ft. (non golf course lot) 10-ft. (golf course) 15-ft. (adjacent to street) Minimum Lot Width: 80-ft. measured at the front building line 90-ft. adjacent to side street, measured at the front building line Minimum Lot Depth: 110-ft 100-ft corner or cul-de-sac lot. HISTORY: This property is currently vacant. A preliminary plat was approved for The Highlands at Trophy Club Neighborhood 3 on January 22, 2007. The zoning of PD-27 was approved by the Town Council on May 8, 2006, and has had several amendments since that time. REVIEW AND RECOMMENDATION: This final plat document was reviewed in accordance with the approved subdivision regulations as well as the approved development standards as set forth in Planned Development District No. 27. The infrastructure engineering documents have been reviewed and approved by Staff and the Town Engineer. Lots 34 through 44 show floodplain on the lots. A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA and the work will be done as part of the infrastructure construction of this phase. The work will involve construction of retaining walls along the rear property lines of Lots 34 through 44 which will remove the floodplain from those lots. Staff recommends approval of the Final Plat of Neighborhood 3, Phase 2B. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission heard this request on October 4, 2011 and made a recommendation of approval. Motion: Commissioner Reed Second: Vice Chairman Stephens Vote: 6-0 Unanimous (Commissioner Davidson absent) Town Council Page 59 of 155 Meeting Date: November 14, 2011 SUBDIVIDER’S AGREEMENT: The Subdivider’s Agreement is attached for the Council’s review and approval. Attachment “A” of the Subdivider’s Agreement consists of the construction estimates which determines the amount due for inspections (5% of the project’s total construction estimate). Attachment “B” of the Subdivider’s Agreement consists of the construction documents and are not included with the Council’s packet. Attachments: Application (2 pages) Plat (24x36 hardcopy) Subdivider’s Agreement with Attachment A Town Council Page 60 of 155 Meeting Date: November 14, 2011 To w n Co u n c i l Pa g e 61 of 15 5 Me e t i n g Da t e : No v e m b e r 14 , 20 1 1 To w n Co u n c i l Pa g e 62 of 15 5 Me e t i n g Da t e : No v e m b e r 14 , 20 1 1 T o w n C o u n c i l P a g e 6 3 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-528-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/30/2011 Town Council On agenda:Final action:11/14/2011 Title:Consider and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 3, Phase 2C (5.937 acres) located in The Highlands at Trophy Club. Applicant: Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K. Hovnanian Homes-DFW, LLC (FP-11-040) A. Subdivider's Agreement - Consider and take appropriate action regarding a Subdivider's Agreement between the Town and K. Hovnanian Homes-DFW L.L.C. and Standard Pacific of Texas, Inc. for Neighborhood 3, Phase 2B and Phase 2C. Attachments:Staff Report - 2C - TC - 111411.pdf Application - K Hovnanian.pdf Application - Standard Pacific.pdf SUBDIVIDER'S AGREEMENT - NH 3, Ph 2B & 2C.pdf Action ByDate Action ResultVer. Planning & Zoning Commission10/4/2011 1 TITLE Consider and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 3, Phase 2C (5.937 acres) located in The Highlands at Trophy Club. Applicant: Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K. Hovnanian Homes-DFW, LLC (FP-11-040) A. Subdivider's Agreement - Consider and take appropriate action regarding a Subdivider's Agreement between the Town and K. Hovnanian Homes-DFW L.L.C. and Standard Pacific of Texas, Inc. for Neighborhood 3, Phase 2B and Phase 2C. EXPLANATION: This request is for approval for a final plat of Neighborhood 3, Phase 2C, for 13 residential lots and one common area on 5.937 acres. TOWN COUNCIL GOAL(S): Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: The plat has been reviewed for compliance with Town regulations. Management and the Town Engineer recommend approval. Town Council Page 64 of 155 Meeting Date: November 14, 2011 SUBJECT: Consider and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 3, Phase 2C (5.937 acres) located in The Highlands at Trophy Club. Applicant: Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K. Hovnanian Homes-DFW, LLC (FP-11-040) REQUEST: Consider a Final Plat of The Highlands at Trophy Club Neighborhood 3, Phase 2C in the W. Medlin Survey, Abstract No. 829 and the J. Henry Survey, Abstract No. 529 in the Town of Trophy Club, Denton County, Texas and containing 13 Residential Lots and one (1) common area for a total of 5.937 acres. LOCATION: This property is located in the “Turnberry” addition of The Highlands at the northeast corner of Trophy Club Drive and Galloway Blvd. ZONING: Planned Development District No. 27. All lots are Lot Type 2. Lot Type 2 Development Standards Minimum Lot Size: 10,000 sq. ft. (11,000 sq. ft. adjacent to golf course) Front Yard: 25-ft. Rear Yard: 25-ft. (non-golf course lot) 35-ft. (golf course) Side Yard 7.5-ft. (non golf course lot) 10-ft. (golf course) 15-ft. (adjacent to street) TOWN COUNCIL STAFF REPORT November 14, 2011 Case No. FP-11-040 Final Plat Lots 1-13, Block D and Common Area 14 The Highlands at Trophy Club Neighborhood 3, Phase 2C Town Council Page 65 of 155 Meeting Date: November 14, 2011 Lot Type 2 Development Standards (Continued) Minimum Lot Width: 80-ft. measured at the front building line 90-ft. adjacent to side street, measured at the front building line Minimum Lot Depth: 110-ft 100-ft corner or cul-de-sac lot. HISTORY: This property is currently vacant. A preliminary plat was approved for The Highlands at Trophy Club Neighborhood 3 on January 22, 2007. The zoning of PD-27 was approved by the Town Council on May 8, 2006, and has had several amendments since that time. REVIEW AND RECOMMENDATION: This final plat document was reviewed in accordance with the approved subdivision regulations as well as the approved development standards as set forth in Planned Development District No. 27. The infrastructure engineering documents have been reviewed and approved by Staff and the Town Engineer. Staff recommends approval of the Final Plat of Neighborhood 3, Phase 2C. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission heard this request on October 4, 2011 and made a recommendation of approval. Motion: Vice Chair Stephens Second: Commissioner Forest Vote: 6-0 Unanimous (Commissioner Davidson absent) SUBDIVIDER’S AGREEMENT: The Subdivider’s Agreement is attached for the Council’s review and approval. Attachment “A” of the Subdivider’s Agreement consists of the construction estimates which determines the amount due for inspections (5% of the project’s total construction estimate). Attachment “B” of the Subdivider’s Agreement consists of the construction documents and are not included with the Council’s packet. Attachments: Application (2 pages) Plat (24x36 hardcopy) Town Council Page 66 of 155 Meeting Date: November 14, 2011 T o w n C o u n c i l P a g e 6 7 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 6 8 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 THE HIGHLANDS AT TROPHY CLUB NEIGHBORHOOD 3, PHASES 2B AND 2C SUBDIVIDER'S AGREEMENT An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred to as the "TOWN") and Standard Pacific of Texas, Inc., and K. Hovnanian Homes-DFW L.L.C. acting by and through its duly authorized representative (hereinafter referred to as the "DEVELOPER"), for the installation of public improvements and facilities within the TOWN limits of Trophy Club, Texas, for Phase 2B of Neighborhood 3, more particularly described as a tract of land consisting of approximately 14.313 acres of land, and for the installation of public improvements and facilities within the TOWN limits of Trophy Club, Texas, for Phase 2C of Neighborhood 3, more particularly described as a tract of land consisting of approximately 5.937 acres of land, both phases hereinafter being referred to collectively as the "PROJECT," and such public improvements being more particularly described in Section II of this AGREEMENT. It is understood by and between the parties that this AGREEMENT is applicable to the lot(s) contained within the Final Plat and which have been identified as part of Phase 2B as presented to TOWN Staff on October 25, 2010, and Phase 2C as presented to TOWN Staff on April 14, 2011, and to the common areas and entryways located outside and/or adjacent to the platted areas more particularly described in Section I, Item Q. of this AGREEMENT, and to the offsite improvements necessary to support the PROJECT, more particularly described in Section II of this AGREEMENT. It is further agreed that this AGREEMENT, when properly signed and executed, shall satisfy the requirements of the TOWN’S Subdivision Regulations. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the DEVELOPER has employed a registered public surveyor licensed to practice in the State of Texas to prepare a final plat of the PROJECT. The Project is planned to be platted for Single Family Residential together with allowed incidental and accessory uses. The Project received preliminary plat approval from the Town on January 22, 2007. B. It is agreed and understood by the parties hereto that the DEVELOPER has employed a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all public improvements and facilities described in Section II and covered by this AGREEMENT. Unless otherwise specified herein, such plans and specifications shall be in accordance with the TOWN’S "Design Standards for Paving, Drainage and Utility Improvements" and the North Central Texas Council of Governments’ (NCTCOG) Standard Specifications for Public Works Construction, as presently adopted. C. The DEVELOPER will award its own construction contract for the construction of all PROJECT street, sanitary sewer, and other drainage public improvements and Town Council Page 69 of 155 Meeting Date: November 14, 2011 facilities for the completion of the Project. The DEVELOPER agrees to employ a construction contractor(s) who is approved by the TOWN, said contractor(s) to meet TOWN and statutory requirements for being insured, licensed and bonded to perform work in public rights-of-way and to be qualified in all respects to bid on public streets and public projects of a similar nature. The DEVELOPER agrees to submit contract documents to the TOWN and participate in a pre-construction meeting with the TOWN and all Developer contractors. D. Prior to the execution of this Agreement, the commencement of construction, the filing of the Final Plat, or the issuance of any building permits, the DEVELOPER shall present to the TOWN a performance bond(s), payment bond(s) and maintenance bond(s), meeting the requirements of Chapter 2253 of the Texas Government Code. Each bond shall individually guarantee and agree to pay an amount equal to one hundred percent (100%) of the value of the construction costs (as determined by the TOWN Engineer) for all public improvements and facilities to be constructed by or on behalf of the Developer for the Project. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the TOWN, through the Town Attorney, shall retain the right to reject any surety company as a surety for any work under this or any other SUBDIVIDER’S AGREEMENT regardless of such Company’s authorization to do business in Texas. Approvals by the TOWN shall not be unreasonably withheld or delayed. 1) As an alternative to providing a surety bond for performance and a surety bond for maintenance as specified hereinabove, Developer may provide financial assurances for performance and maintenance in the form of a cash deposit, a certificate of deposit, or irrevocable letter of credit. Provided however, that such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. 2) As an alternative to the Developer providing a performance bond, payment bond, and maintenance bond, as specified above, Developer may provide financial assurances for performance, payment and maintenance from a single general contractor for the Project, provided that such assurances meet all other requirements specified hereinabove and the Town is named as a dual obligee on each such bond. Additionally, such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. E. The performance bond(s) shall be submitted in statutory form guaranteeing the full and faithful completion of the facilities and improvements required under this Agreement for completion of the PROJECT to the TOWN and provide for payment Town Council Page 70 of 155 Meeting Date: November 14, 2011 to the TOWN of such amounts up to the total remaining amounts required for the completion of the PROJECT if the work is not completed as required hereunder. F. The payment bond(s) shall be submitted in statutory form guaranteeing payment of all labor and material costs of the Project and shall be furnished solely for the protection of all claimants supplying labor and material in the performance of the work provided for under this AGREEMENT. The maintenance bond(s) shall guarantee the payment of any and all necessary maintenance of the Project for a period of two (2) years following acceptance of the public improvements and facilities by the TOWN, in an amount equal to one hundred (100%) percent of the value of the construction costs of all the public improvements and facilities to be constructed under this Agreement in respect to the Project. G. Any guarantee of performance, maintenance, or payment instrument (e.g., performance bond, payment bond, maintenance bond, letters of credit, and/or cash deposit or the like) (individually a “Guarantee” or collectively the “Guarantees”) submitted by or through the DEVELOPER on a form other than the one which has been previously approved by the TOWN as "acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S expense, and construction of the Project shall not commence until the Town Attorney has approved such Guarantees. Approval by the TOWN (and the Town Attorney) shall not be unreasonably withheld or delayed. All such Guarantees shall be maintained in full force and effect until such time as the DEVELOPER has fully complied with the terms and conditions of this AGREEMENT as agreed to in writing by the TOWN, and failure to keep same in force and effect shall constitute a breach of this AGREEMENT. Failure to maintain performance and payment Guarantees meeting the requirements of this AGREEMENT shall result in a stop work order being issued by the Town. Additionally, all Guarantees furnished hereunder which expire prior to the completion of construction or applicable warranty periods shall be renewed in amounts designated by the TOWN and shall be delivered to the TOWN and approved by the TOWN on or before the tenth (10th) banking day before the date of expiration of any then existing Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN within the time prescribed herein, such failure shall constitute a breach of this AGREEMENT and shall be a basis for the TOWN to draw on all or any portion of any existing Guarantee in addition to any or all other remedies available to the TOWN. The DEVELOPER further agrees to release and forever hold the TOWN harmless from any losses, damages and/or expenses incurred by the DEVELOPER for any delays due to the TOWN'S review of any Guarantee which is in a form other than one which has been previously approved by the TOWN. The TOWN requires the DEVELOPER to have all Guarantee forms approved prior to the commencement of work and construction of improvements. H. It is further agreed and understood by the parties hereto that upon acceptance thereof by the TOWN of all public improvements and facilities as described in Section II of this Agreement, title to all such improvements and facilities shall be vested in the Town Council Page 71 of 155 Meeting Date: November 14, 2011 TOWN, and the DEVELOPER hereby relinquishes any right, title, or interest in and to such improvements and facilities or any part thereof. It is further understood and agreed that until the TOWN accepts such improvements and facilities, the TOWN shall have no liability or responsibility with respect thereto. Acceptance of the improvements and facilities shall occur at such time as the TOWN, through its TOWN Engineer, provides the DEVELOPER with a written acknowledgment that all improvements and facilities are complete, have been inspected and approved and are being accepted by the TOWN. I. The DEVELOPER’S Engineer has prepared detailed estimates of $556,019.00 for Phase 2B and $207,072.00 for Phase 2C and the TOWN Engineer has approved an estimate of $763,181.00 for the cost of public improvements and facilities for this Project. The detailed cost estimates are a part of this AGREEMENT and are attached hereto as "Attachment A" and incorporated herein. The TOWN shall not accept any construction improvements outside of the Project and the two (2) year warranty for such improvements shall not commence until all construction activities are completed and accepted by the TOWN. J. Upon TOWN’S approval and acceptance of the final plat and the engineering plans, the final plat will be recorded with the County Clerk of Denton County. Except as specifically provided herein, no building permits will be issued for any lots in the Project until the final plat is filed and the public improvements and facilities specified herein are completed and accepted by the TOWN. K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major subcontractors) and TOWN, as well as any other third party deemed necessary by the Town, shall participate in a pre-construction conference prior to the initiation of any work. At or prior to the pre-construction meeting, Developer shall provide the TOWN with the following documents: 1) Two (2) copies of all executed construction contracts; 2) List of all contractors/subcontractors and their project assignments; 3) Five (5) sets (and additional sets as necessary for any contractors) of approved construction plans and specifications. This list of contractors/ subcontractors shall be updated within seven days of any changes. The DEVELOPER agrees to give the TOWN at least twenty-four (24) hours prior written notice of his/her intent to commence construction of all public improvements and facilities, so that the TOWN, if it so desires, may have its representatives available to inspect the beginning and continuing progress of all work. Developer shall submit all documentation evidencing that each of the Guarantees required under this Agreement have been provided and all required insurance has been obtained prior to the pre-construction meeting. L. The DEVELOPER agrees to notify all contractors and subcontractors working on the PROJECT that all their work is subject to inspection by a TOWN Inspector at any time, and that such inspection may require a certification by the contractors and subcontractors of the type, kind, and quality of materials used on the PROJECT. Town Council Page 72 of 155 Meeting Date: November 14, 2011 M. Should any work or construction of improvements or facilities on the PROJECT which has not been contemplated in the current construction documents (plans and specifications), the plat, or this AGREEMENT, become necessary due to site conditions, then the DEVELOPER shall be required to contact in writing (with a copy to the TOWN of Trophy Club), with the TOWN Engineer to determine how such work or construction should progress. The DEVELOPER further agrees to follow all reasonable recommendations and requirements imposed by the TOWN Engineer in such instance. (Addresses for points of contact are as follows:) Town of Trophy Club Teague, Nall & Perkins Mr. Mike Slye, Town Manager Mr. Tom Rutledge, Town Engineer 100 Municipal Drive 1100 Macon Street Trophy Club, Texas 76262 Fort Worth, Texas 76102 Phone: 682/831-4600 Phone: 817.336.5773 Fax: 817.490.0705 Fax: 817.336.2813 Email: mslye@ci.trophyclub.tx.us Email: trutledge@tnp-online.com N. The DEVELOPER agrees to cause all work and construction of improvements and facilities to be stopped upon twenty-four (24) hour notification from the TOWN Engineer of nonconforming improvements, including the materials used and the methods of installation. The DEVELOPER further agrees to correct all nonconformities in accordance with the TOWN Engineer’s instructions. O. The DEVELOPER is encouraged not to convey title of any lots of the PROJECT, until all construction in respect to the PROJECT required in Section II is complete and the TOWN has approved and accepted the work and improvements in respect thereof. The DEVELOPER understands that, except as specifically provided herein, the TOWN will issue no building permits for improvements on any lot in the Project until all public improvements and facilities in respect to the Project are completed in accordance with this Agreement. Further, DEVELOPER agrees to inform all persons or entities purchasing the lots or any interest in the lots that, except as specifically provided herein, TOWN will not issue any building permits until all public improvements and facilities are completed in accordance with this Agreement. P. After completion and prior to acceptance of all work, the DEVELOPER must furnish to the TOWN an affidavit of all bills paid. Q. The DEVELOPER, and as noted on the plat, the Homeowners Association for Turnberry Addition (Neighborhoods 3 & 4) of The Highlands (hereinafter referred to as "HOA") is responsible for landscaping, irrigation, and maintenance of all open space and common areas, as well as maintenance of subdivision walls within Neighborhood 3, Phases 2B and 2C. Town Council Page 73 of 155 Meeting Date: November 14, 2011 The DEVELOPER agrees to maintain “Common Area 17” which is not a part of these plats, but is shown as adjacent to Lots 34 through 44, Block A of Neighborhood 3, Phase 2B. The DEVELOPER and the TOWN agree that “maintain”, as used in this paragraph only, shall mean that the DEVELOPER is responsible for mowing, weedeating, and physically removing debris from a 5-ft. area behind the property lines of Lots 34 through 44, Block A. The DEVELOPER agrees to maintain the entryway landscaping on Galloway Blvd. The DEVELOPER and the TOWN agree that “maintain”, as used in this paragraph only, shall mean the DEVELOPER is responsible for irrigation maintenance of landscaping, irrigation system maintenance, planting, mowing, weedeating, and fertilizing grass, flowers, shrubs, trees and any other type of landscaping in the entryway area. THE DEVELOPER and the TOWN agree that the DEVELOPER (and subsequently the HOA) shall install, at the date of Council approval of these plats, one or more water meter(s) for the Galloway Blvd. entryway; the TOWN shall pay the water meter fee(s) and the HOA shall pay the cost of watering the Galloway Blvd. entryway each and every month thereafter. II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED A. The following public improvements and facilities are to be constructed and completed in accordance with the construction plans and specifications approved by the Town Engineer, and duly stamped by the Community Development Director: 1) Streets. 2) Drainage and Storm Sewer. 3) Sewer. 4) Water Distribution System. 5) Landscaping – to be maintained by the Homeowners Association 6) Fences/Walls/Retaining Walls – to be maintained by the Homeowners Association 7) Signs. 8) Driveways and Walkways – the Developer shall, as part of the Subdivision Plat approval, be responsible for the construction of the required sidewalk. 9) Lights -- Street lights shall be as designated on street light layout plan approved by Town and submitted to Oncor. B. Other. 1. Bench marks to be located as shown on the approved plans. 2. Upon completion, three (3) sets of as-builts/record drawings and one (1) set of reproducible drawings shall be submitted to the TOWN within two (2) months following the acceptance of the public improvements and facilities. Town Council Page 74 of 155 Meeting Date: November 14, 2011 3. Testing The Developer shall provide all geotechnical and materials tests required by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost in accordance with Section 7.03 of Article VII, Chapter 12 of the Town of Trophy Club Code of Ordinances. Such tests shall be conducted by an independent laboratory acceptable to the Town. 4. Permits The DEVELOPER will pay a Community Facilities inspection fee in the amount of $38,159.05 (5% of $763,181.00) to cover the cost of TOWN inspection fees as related to the construction of the Project. The Developers may be obligated to pay other TOWN fees as set forth in the TOWN’S Schedule of Fees, as may be amended from time to time. The DEVELOPER will be responsible for obtaining any other permits which may be required by other federal, state or local authorities. 5. Planned Development District No. 27. Developer shall construct and maintain all improvements in accordance with the TOWN approved Planned Development District No. 27 and all TOWN approved amendments thereto. III. GENERAL PROVISIONS A. The DEVELOPER agrees to furnish and maintain at all times prior to the TOWN’S final acceptance of the public improvements and community facilities for the Project, an owners protective liability insurance policy naming the TOWN as insured for property damage and bodily injury in the amounts. Coverage shall be on an “occurrence” basis and shall be issued with a combined bodily injury and property damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate. B. Exclusive venue of any action brought hereunder shall be in Denton, Denton County, Texas. C. Approval by the TOWN Engineer of any plans, designs or specifications submitted by the DEVELOPER pursuant to this AGREEMENT shall not constitute or be deemed to be a release of the responsibility and liability of the DEVELOPER, his engineer, employees, officers or agents with respect to the construction of any of the PROJECT’S improvements or facilities, or for the accuracy and competency of the PROJECT’S improvements and facilities design and specifications prepared by the DEVELOPER'S consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that the approval by the TOWN Engineer signifies the Town Council Page 75 of 155 Meeting Date: November 14, 2011 TOWN'S approval on only the general design concept of the improvements and facilities to be constructed. The DEVELOPER shall release, indemnify, defend and hold harmless the TOWN, its officers, agents, servants and employees, from any demands, actions, causes of action, obligations, loss, damage, liability or expense, including attorneys fees and expenses, on account of or with respect to damage to property and injuries, including death, to any and all persons which may arise out of or result from any defect, deficiency or negligence in the construction of the PROJECT’S public improvements and facilities or with respect to the DEVELOPER'S Engineer’s designs and specifications incorporated into any improvements and facilities constructed in accordance therewith, and the DEVELOPER shall defend at his own expense any suits or other proceedings brought against the TOWN, its officers, agents, servants or employees, or any of them, on account thereof, and pay all expenses and satisfy all judgments which may be incurred or rendered against them or any of them in connection herewith. All responsibility and liability for drainage to adjacent and downstream properties from development of this PROJECT will accrue to the DEVELOPER. DEVELOPER, as that term is used throughout this Agreement, refers to K. Hovnanian Homes-DFW, L.L.C. and Standard Pacific of Texas, L.P., owners of the PROJECT, both jointly and severally. DEVELOPER understands that its obligation under each and every term of this Agreement, including without limitation, the terms of this paragraph specifically, is both joint and several and hereby expressly waives any and all defenses to liability that may arise out of, relate to or result from the separate action or inaction of either of the individual owners, collectively referred to as DEVELOPER, so that the full intent and meaning of joint and several liability attaches under this Agreement for the benefit of the Town. D. Indemnity and Liability for construction. The DEVELOPER, its successors, permittees, permitted assigns, vendors, grantees and/or trustees do hereby fully release and agree to indemnify, hold harmless and defend the TOWN, its officers, agents, servants and employees from all losses, damage liabilities, claims, obligations, penalties, charges, costs or expenses of any nature whatsoever, for property damage, personal injury or death, resulting from or in any way connected with this contract or the construction of the improvements or facilities or the failure to safeguard construction work, or any other act or omission of the DEVELOPER or its contractors or subcontractors, their officers, agents, servants or employees related thereto. DEVELOPER, as that term is used throughout this Agreement, refers to K. Hovnanian Homes-DFW, L.L.C. and Standard Pacific of Texas, L.P., owners of the PROJECT, both jointly and severally. DEVELOPER understands that its obligation under each and every term of this Agreement, including without limitation, the terms of this paragraph specifically, is both joint and several and hereby expressly waives any and all defenses to liability that may arise out of, relate to or result from the separate action or inaction of either of the individual owners, collectively referred to as DEVELOPER, so that the full intent and meaning of joint and several liability attaches under this Agreement for the benefit of the Town. Town Council Page 76 of 155 Meeting Date: November 14, 2011 E. Final Acceptance of Infrastructure. The TOWN shall not issue a Building Permit for any lot until the public facilities and improvements identified in Items 1, 2, 3, 4, and 7, of Section II (A) above (referred to in this paragraph as “Partial Improvements”) are completely constructed to the satisfaction of the TOWN Engineer or his agent and in accordance with the stamped approved Construction Plans (Final Completion) for Phase 2B and Phase 2C as determined in the sole discretion of the Town Engineer or his agent. Upon Substantial Completion of the Partial Improvements, a “punch list” of outstanding items shall be presented to the Developer’s contractor(s) indicating those outstanding items and their deficiencies that need to be addressed for Final Completion of the Partial Improvements. Upon Final Completion of the Partial Improvements, the Town shall issue Building Permits for a maximum of nine (9) of the 42 homes proposed to be constructed in Phase 2B, and a maximum of three (3) of the 13 homes proposed to be constructed in Phase 2C of this PROJECT in accordance with the terms of this section. The Town shall process those permit applications based upon date and time of the filing of each permit application; provided however that permits shall only be issued for the first nine (9) applications for Building Permits for Phase 2B and the first three (3) applications for Building Permits for Phase 2C that meet all requirements of applicable regulations and for which all applicable fees are timely paid. DEVELOPER shall complete Items 5, 6, 8 and 9 listed in Paragraph II (A) herein (referred to in this paragraph as “Improvements”) for both Phases 2B and 2C within 90 days of the final acceptance of the Partial Improvements. The TOWN shall not issue a Letter of Acceptance or certificates of occupancy for this PROJECT until all public facilities and improvements listed in Paragraph II (A) are completely constructed to the satisfaction of the TOWN Engineer or his agent and in accordance with the stamped approved Construction Plans (Final Completion) as determined in the sole discretion of the Town Engineer or his agent. However, upon Substantial Completion, a “punch list” of outstanding items shall be presented to the Developer’s contractor(s) indicating those outstanding items and their deficiencies that need to be addressed for Final Completion of the Improvements for this PROJECT. F. Neither this Agreement nor any part hereof or any interests, rights, or obligations herein, shall be assigned by the DEVELOPER without the express written consent of the TOWN Council. G. All work performed under this AGREEMENT shall be completed within eighteen months from the date hereof. In the event the work is not completed within the eighteen (18) month period, the TOWN may, at its sole election, draw down or otherwise exercise it rights under or with respect to any Guarantee provided by the DEVELOPER and complete such work at DEVELOPER'S expense; provided, however, that if the construction under this AGREEMENT shall have started within the eighteen (18) month period, the TOWN may agree to renew the AGREEMENT with such renewed AGREEMENT to be in writing and in compliance with the TOWN policies in effect at that time. Notwithstanding the foregoing, in the event Town Council Page 77 of 155 Meeting Date: November 14, 2011 that the performance by either party of any of its’ obligations or undertakings hereunder shall be interrupted or delayed by any occurrence and not occasioned by the conduct of either party hereto, whether such occurrence be an act of God or the common enemy or the result of war, riot, civil commotion, or sovereign conduct, then upon written notice of such occurrence, such party shall be excused from performance for a period of time as is reasonably necessary after such occurrence to remedy the effects thereof, and each party shall bear the cost of any expense it may incur due to the occurrence. H. This Subdivider's AGREEMENT shall be construed in accordance with the Town of Trophy Club, Texas Subdivision Regulations and all other applicable ordinances. Any conflicts between the provisions of this Subdivider’s AGREEMENT, the TOWN'S Subdivision Regulations, Town Ordinances, and State and Federal law, shall be construed in favor of the Town’s ordinance(s) as allowed by law, subject to Chapter 245 of the Local Government Code. To the extent that any such conflict exists, only that portion of the Subdivider’s AGREEMENT which is in conflict shall be severable from the other provisions of the AGREEMENT, and such conflict shall in no manner affect the validity or enforceability of the remaining provisions. I. All rights, remedies and privileges permitted or available to the TOWN under this AGREEMENT or at law or equity shall be cumulative and not alternative, and election of any such right, remedy or privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance by the Town in the enforcement of any such right, remedy or privilege, shall not constitute a waiver of such right, remedy or privilege by the Town. A default under this Agreement by the TOWN shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement by the TOWN. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Date: By: Project Manager Town Council Page 78 of 155 Meeting Date: November 14, 2011 Date: TOWN OF TROPHY CLUB: By: Mayor, TOWN of Trophy Club ATTEST: ___________________________ Town Secretary, Town of Trophy Club Date: ______________________ APPROVED AS TO FORM: ____________________________ Town Attorney, Town of Trophy Club Town Council Page 79 of 155 Meeting Date: November 14, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-587-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/7/2011 Town Council On agenda:Final action:11/14/2011 Title:Consider and take appropriate action regarding an Ordinance amending Article 2 Entitled “Traffic And Vehicles” of Chapter 10 Entitled “Public Safety” of the Code Of Ordinances of the Town of Trophy Club, Texas by repealing Section 2.05 (E) "Overnight Parking" and adopting a new Section 2.05 (E) "Overnight Parking"; amending Section 2.01 "Definitions" as necessary, providing for a penalty; and providing an effective date. Attachments:ORD 2011-39 Overnight Parking Version A - redline.pdf ORD 2011-39 Overnight Parking Version B - redline.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding an Ordinance amending Article 2 Entitled “Traffic And Vehicles” of Chapter 10 Entitled “Public Safety” of the Code Of Ordinances of the Town of Trophy Club, Texas by repealing Section 2.05 (E) "Overnight Parking" and adopting a new Section 2.05 (E) "Overnight Parking"; amending Section 2.01 "Definitions" as necessary, providing for a penalty; and providing an effective date. EXPLANATION: The Town prohibits parking on the street between the hours of 3 AM and 5 AM. The Overnight Parking ordinance permits residents to obtain 3-5 parking permits as well as emergency permission from the Police Department to park on the street between 3 AM and 5 AM for up to seven (7) days. The prohibition against parking on the street between 3 AM and 5 AM is frequently violated and the Police Department issues warnings and citations when appropriate. Currently the parking permits are issued to a specific vehicle and are one hundred fifty dollars ($150) each with an annual renewal cost of ten dollars ($10). Both Version A and Version B of the proposed ordinance amendment provides for a permit issued to a household, not to a vehicle as is currently done. Further, both propose the following: (1) changes the emergency permission from seven (7) to three (3) days with the potential for additional extension through a temporary permit, (2) permits a resident to purchase a temporary permit for no more than seven (7) days with a seven (7) day renewal period, (3) sets a temporary permit fee of ten dollars ($10) per temporary permit or renewal, (4) limits temporary permits to no more than two (2) permits per year with the potential for (2) renewals for a total of twenty-eight (28) days per year; and (5) provide a waiver of the temporary permit fee if driveway construction from a public utility or governmental entity causes the need for street side parking. Version A is the document with revisions as requested by CM Hoover. The following is a summary of the changes for Version A: 1. Changes to two definitions - Commercial Vehicle and Motor Vehicle. 2. All permits are valid from January 1 to December 31 and the fees are not prorated -- to the concern expressed by Council about a grace period, the PD can issue warnings for the month of January if the Council would like a grace period, but there is no need to put that in the ordinance. 3. The permit is not renewed annually but is issued annually for a fee of $250.00. 4. The permit has to be displayed in the front windshield so that it is visible from outside of the car. 5. A temporary permit fee is waived if the need for temporary parking results from driveway repairs by a utility company or by a governmental entity. 6. Parking permits cannot be used in Commercial Vehicles, semi-trailers, truck-tractors or motor vehicles with more than 3/4 ton carrying capacity. Version B - The following is a summary of the changes for Version B: Town Council Page 80 of 155 Meeting Date: November 14, 2011 File #: 2011-587-T, Version: 1 1. Unlike Version A, there is no change to the Definitions Section. 2. Like Version A, all permits are valid from January 1 to December 31 and the fees are not prorated -- to the concern expressed by Council about a grace period, the PD can issue warnings for the month of January if the Council would like a grace period, but there is no need to put that in the ordinance. 3. Unlike Version A, the permit is issued for an annual fee of $150.00 with a $75.00 annual renewal. 4. Like Version A., the permit has to be displayed in the front windshield so that it is visible from outside of the car. 5. Like Version A, the temporary permit fee is waived if the need for temporary parking results from driveway repairs by a utility company or by a governmental entity. 6. Like Version A, Parking permits cannot be used in semi-trailers, truck-tractors or motor vehicles with more than 3/4 ton carrying capacity, but unlike Version A, there is no specific prohibition to use for a Commercial Vehicle. TOWN COUNCIL GOAL(S): Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval of these amendments. Town Council Page 81 of 155 Meeting Date: November 14, 2011 VERSION “A” TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-39 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ARTICLE 2 ENTITLED “TRAFFIC AND VEHICLES” OF CHAPTER 10 ENTITLED “PUBLIC SAFETY” OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS BY AMENDING SECTION 2.01 ENTITLED “DEFINITIONS” TO REVISE THE DEFINITIONS OF “COMMERCIAL MOTOR VEHICLE” AND “MOTOR VEHICLE”; REPEALING SECTION 2.05 (E) ENTITLED “OVERNIGHT PARKING” AND ADOPTING A NEW SECTION 2.05 (E) REGULATING “OVERNIGHT PARKING”; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS TO DEFINITIONS AND TO THE REGULATIONS GOVERNING PARKING BETWEEN THE HOURS OF 3:00 A.M. AND 5:00 A.M. EACH DAY; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town has evaluated Section 2.05 (E) entitled “Overnight Parking” of Article 2 entitled “Traffic and Vehicles” of Chapter 10 entitled “Public Safety” of the Code of Ordinances of the Town which provides for regulations governing overnight parking within the Town; and WHEREAS, unimpeded visibility of homes and driveways assists in effective crime prevention efforts; and WHEREAS, the Town Council has determined it to be in the best interest of the Town and its residents to revise the regulations currently in effect which prohibit parking on roadways between the hours of 3:00 a.m. to 5:00 a.m.; and WHEREAS, the Town Council having reviewed the proposed revisions to Section 2.05 (E) “Overnight Parking” and having reviewed the fees associated with the permitting structure proposed, has determined that the regulations are reasonable and necessary and that the fees reasonably cover the majority of associated costs of administration of the permit; and WHEREAS, the Town Council hereby finds that the repeal of the regulations contained in the existing Section 2.05(E) and the adoption of the new regulations of Town Council Page 82 of 155 Meeting Date: November 14, 2011 Section 2.05(E) serves the best interests of the health, safety and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: I. INCORPORATION OF PREAMBLE That the above and foregoing preamble is true and correct and is incorporated herein as if copied herein in its entirety. II. AMENDMENTS 2.01 Section 2.01 entitled “Definitions” of Article II entitled “Traffic and Vehicles” of Chapter 10 entitled “Public Safety” of the Code of Ordinances of the Town of Trophy Club is hereby amended so that the definition of “Commercial Motor Vehicle” and the definition of “Motor Vehicle” contained in Section 2.01 are repealed and a new definition of “Commercial Motor Vehicle” and a new definition of “Motor Vehicle” are hereby adopted and shall be and read as follows, with all other definitions in Section 2.01 remaining the same: “Commercial motor vehicle” means any motor vehicle other than a motorcycle, that is not used primarily for personal, family, or household use and that is designed or adapted to carry property, including tools, equipment or supplies intended for use in association with a commercial business or commercial endeavor, including a Motor Vehicle used for delivery purposes. “Motor Vehicle” means every Vehicle, as herein defined, which is self-propelled, regardless of make or model. 2.02 Section 2.05 (E) entitled “Overnight Parking” of Article II entitled “Traffic and Vehicles” of Chapter 10 entitled “Public Safety” of the Code of Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new Section 2.05(E) entitled “Overnight Parking” of Article II entitled “Traffic and Vehicles” of Chapter 10 entitled “Public Safety” of the Code of Ordinances of the Town of Trophy Club is hereby adopted to be and read in its entirety as follows: “E. Overnight Parking 1. Prohibition – Restricted Hours. It shall be unlawful for any person to stand or park any motor vehicle, trailer, mobile home, motor home or boat along or upon any public highway, street, alley or other public right-of-way located within the Town between the hours of 3:00 Town Council Page 83 of 155 Meeting Date: November 14, 2011 a.m. and 5:00 a.m. each day (hereinafter “Restricted Hours”). This prohibition shall not be applicable to any motor vehicle which is being used for emergency purposes, to the operation of any motor vehicle being used by a utility company for repair purposes, or to any governmental vehicle being used for necessary governmental purposes. 2. Authority to Park During Restricted Hours – Annual Permit – Fee. Any person who desires to stand or park a Motor Vvehicle upon a public highway, street, alley or other public right-of-way during Restricted Hours shall purchase a permit authorizing the same from the Town, provided however, a permit shall only be allowed if there are three (3) or more vehicles registered to the address of the person requesting the permit. A maximum of two (2) permits may be issued per household. The A permits shall be displayed in the front windshield of on the dashboard of any a Motor Vvehicle registered at the address of the applicant so that the permit is plainly visible to a person standing outside of the Motor Vvehicle. A permit shall be issued to a specific residence address and may be transferred to any vehicle registered at that address. Permits are not transferrable to a third party. A fee of one hundred fifty dollars ($150.00) per permit shall be charged for the issuance of each permit. All Permits shall be valid from January 1 until December 31 annually regardless of date of issuance. The annual renewal fee, shall be seventy-five dollars ($75.00) per permit. All permits shall expire in January regardless of date of issuance and p Permit fees shall not be prorated. 3. Authority to Park During Restricted Hours – Extraordinary Circumstances. Special permission to park on any public highway, street, alley or other public right-of-way during the Restricted Hours may be granted by the Chief of Police or his designee. Such permission shall only be granted if the Chief of Police or his designee determines that Extraordinary Circumstances exist. Extraordinary Circumstances may include driveway repair, home repair or rehabilitation requiring temporary alternative driveway usage, temporary visitor parking when capacity of driveway is insufficient to hold all Motor vVehicles, mechanical breakdown of Motor Vvehicles, and/or other similar temporary and unusual circumstances. Upon a determination by the Chief of Police or his designee that Extraordinary Circumstances exist, permission to park on a public highway, street, alley or other public right-of-way during Restricted Hours may be granted for a period not to exceed three (3) consecutive days. Under no circumstances shall permission to park during Restricted Hours be granted if in the sole determination of the Chief of Police or his designee, the request may result in a traffic hazard or may impede the access of emergency or other vVehicles. Any Town Council Page 84 of 155 Meeting Date: November 14, 2011 Motor Vvehicle parked as permitted by this section shall be parked in front of the residence for which the Extraordinary Circumstances exist in such a manner as not to obstruct access to the private driveways of neighboring residents. 4. Authority to Park During Restricted Hours – Temporary Permit – Fee. In lieu of purchasing an annual permit, a person who meets the requirements of Section (E)(2) above, or in the event that the need for parking due to an Extraordinary Circumstance extends beyond three (3) consecutive days, a person who desires to stand or park a Motor Vvehicle upon a public highway, street, alley or other public right-of-way during Restricted Hours, may purchase a temporary permit from the Town. A temporary permit authorized by this section shall be issued for a period not to exceed seven (7) days. The temporary parking permit fee shall be ten dollars ($10.00) and may be renewed one (1) time per calendar year upon application for an extension and payment of a renewal fee of ten dollars ($10.00). No more than two (2) temporary parking permits and two (2) renewals of seven (7) days each may be issued for each residence per calendar year. If the need for a temporary parking permit results from driveway repairs being performed by or under the direction of a public utility company or a governmental entity, including without limitation the Town or MUD1, the permit fee imposed by this Section shall be waived. 5. Motor Vehicles Ineligible for Restricted Hours Parking Permit. Parking permits issued to residences under this Section shall not be allowed for us in Commercial Motor Vehicles, Semi-trailers, Trailers, Truck-tractors or Motor Vehicles with more than ¾ ton carrying capacity. only be issued for passenger vehicles and pick-up trucks with no more than ¾ ton carrying capacity. “ III. SAVINGS AND REPEALER CLAUSE This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. IV. SAVINGS CLAUSE Town Council Page 85 of 155 Meeting Date: November 14, 2011 All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all Violations of the provisions of any other Ordinance affecting the parking between the hours of 3:00 a.m. and 5:00 a.m. within the Town on each day and which have secured at the time of the effective date of this Ordinance; and, as to such accrued Violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. V. SEVERABILITY CLAUSE If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. VI. PUBLICATION CLAUSE The Town Secretary of the Town of Trophy Club is hereby directed to the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. VII. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. The penalty provided herein shall be cumulative of all other remedies available for enforcement of the provisions of this Ordinance. The remedy provided herein shall be cumulative of all other remedies authorized by law. VIII. 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. IX. EFFECTIVE DATE Town Council Page 86 of 155 Meeting Date: November 14, 2011 This Ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 14th day of November, 2011. Connie White, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas Town Council Page 87 of 155 Meeting Date: November 14, 2011 VERSION “B” TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-39 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ARTICLE 2 ENTITLED “TRAFFIC AND VEHICLES” OF CHAPTER 10 ENTITLED “PUBLIC SAFETY” OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS BY REPEALING SECTION 2.05 (E) ENTITLED “OVERNIGHT PARKING” AND ADOPTING A NEW SECTION 2.05 (E) REGULATING “OVERNIGHT PARKING”; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS TO THE REGULATIONS GOVERNING PARKING BETWEEN THE HOURS OF 3:00 A.M. AND 5:00 A.M. EACH DAY; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town has evaluated Section 2.05 (E) entitled “Overnight Parking” of Article 2 entitled “Traffic and Vehicles” of Chapter 10 entitled “Public Safety” of the Code of Ordinances of the Town which provides for regulations governing overnight parking within the Town; and WHEREAS, unimpeded visibility of homes and driveways assists in effective crime prevention efforts; and WHEREAS, the Town Council has determined it to be in the best interest of the Town and its residents to revise the regulations currently in effect which prohibit parking on roadways between the hours of 3:00 a.m. to 5:00 a.m.; and WHEREAS, the Town Council having reviewed the proposed revisions to Section 2.05 (E) “Overnight Parking” and having reviewed the fees associated with the permitting structure proposed, has determined that the regulations are reasonable and necessary and that the fees reasonably cover the majority of associated costs of administration of the permit; and WHEREAS, the Town Council hereby finds that the repeal of the regulations contained in the existing Section 2.05(E) and the adoption of the new regulations of Section 2.05(E) serves the best interests of the health, safety and welfare of the citizens of the Town. Town Council Page 88 of 155 Meeting Date: November 14, 2011 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: I. INCORPORATION OF PREAMBLE That the above and foregoing preamble is true and correct and is incorporated herein as if copied herein in its entirety. II. AMENDMENTS 2.01 Section 2.05 (E) entitled “Overnight Parking” of Article II entitled “Traffic and Vehicles” of Chapter 10 entitled “Public Safety” of the Code of Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new Section 2.05(E) entitled “Overnight Parking” of Article II entitled “Traffic and Vehicles” of Chapter 10 entitled “Public Safety” of the Code of Ordinances of the Town of Trophy Club is hereby adopted to be and read in its entirety as follows: “E. Overnight Parking 1. Prohibition – Restricted Hours. It shall be unlawful for any person to stand or park any motor vehicle, trailer, mobile home, motor home or boat along or upon any public highway, street, alley or other public right-of-way located within the Town between the hours of 3:00 a.m. and 5:00 a.m. each day (hereinafter “Restricted Hours”). This prohibition shall not be applicable to any motor vehicle which is being used for emergency purposes, to the operation of any motor vehicle being used by a utility company for repair purposes, or to any governmental vehicle being used for necessary governmental purposes. 2. Authority to Park During Restricted Hours – Annual Permit – Fee. Any person who desires to stand or park a Motor Vvehicle upon a public highway, street, alley or other public right-of-way during Restricted Hours shall purchase a permit authorizing the same from the Town, provided however, a permit shall only be allowed if there are three (3) or more vehicles registered to the address of the person requesting the permit. A maximum of two (2) permits may be issued per household. The A permits shall be displayed in the front windshield of on the dashboard of any a Motor Vvehicle registered at the address of the applicant so that the permit is plainly visible to a person standing outside of the Motor Vvehicle. Town Council Page 89 of 155 Meeting Date: November 14, 2011 A permit shall be issued to a specific residence address and may be transferred to any vehicle registered at that address. Permits are not transferrable to a third party. A fee of one hundred fifty dollars ($150.00) per permit shall be charged for the issuance of each permit. The annual renewal fee, shall be seventy-five dollars ($75.00) per permit. All Permits shall be valid from January 1 until December 31 annually regardless of date of issuance. Permit fees shall not be prorated. All permits shall expire in January regardless of date of issuance and permit fees shall not be prorated. 3. Authority to Park During Restricted Hours – Extraordinary Circumstances. Special permission to park on any public highway, street, alley or other public right-of-way during the Restricted Hours may be granted by the Chief of Police or his designee. Such permission shall only be granted if the Chief of Police or his designee determines that Extraordinary Circumstances exist. Extraordinary Circumstances may include driveway repair, home repair or rehabilitation requiring temporary alternative driveway usage, temporary visitor parking when capacity of driveway is insufficient to hold all Motor vVehicles, mechanical breakdown of Motor Vvehicles, and/or other similar temporary and unusual circumstances. Upon a determination by the Chief of Police or his designee that Extraordinary Circumstances exist, permission to park on a public highway, street, alley or other public right-of-way during Restricted Hours may be granted for a period not to exceed three (3) consecutive days. Under no circumstances shall permission to park during Restricted Hours be granted if in the sole determination of the Chief of Police or his designee, the request may result in a traffic hazard or may impede the access of emergency or other vVehicles. Any Motor Vvehicle parked as permitted by this section shall be parked in front of the residence for which the Extraordinary Circumstances exist in such a manner as not to obstruct access to the private driveways of neighboring residents. 4. Authority to Park During Restricted Hours – Temporary Permit – Fee. In lieu of purchasing an annual permit, a person who meets the requirements of Section (E)(2) above, or in the event that the need for parking due to an Extraordinary Circumstance extends beyond three (3) consecutive days, a person who desires to stand or park a Motor Vvehicle upon a public highway, street, alley or other public right-of-way during Restricted Hours, may purchase a temporary permit from the Town. A temporary permit authorized by this section shall be issued for a period not to exceed seven (7) days. The temporary parking permit fee shall be ten dollars ($10.00) and may be renewed one (1) time per calendar year upon application for an extension and payment of a renewal fee of ten dollars ($10.00). No more than two (2) temporary parking permits and two (2) renewals of seven (7) days each may be issued for each residence per Town Council Page 90 of 155 Meeting Date: November 14, 2011 calendar year. If the need for a temporary parking permit results from driveway repairs being performed by or under the direction of a public utility company or a governmental entity, including without limitation the Town or MUD1, the permit fee imposed by this Section shall be waived. 5. Motor Vehicles Ineligible for Restricted Hours Parking Permit. Parking permits issued to residences under this Section shall not be allowed for use in Semi-trailers, Trailers, Truck-tractors or Motor Vehicles with more than ¾ ton carrying capacity. only be issued for passenger vehicles and pick-up trucks with no more than ¾ ton carrying capacity. “ III. SAVINGS AND REPEALER CLAUSE This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. IV. SAVINGS CLAUSE All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all Violations of the provisions of any other Ordinance affecting the parking between the hours of 3:00 a.m. and 5:00 a.m. within the Town on each day and which have secured at the time of the effective date of this Ordinance; and, as to such accrued Violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. V. SEVERABILITY CLAUSE If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Formatted: Not Highlight Town Council Page 91 of 155 Meeting Date: November 14, 2011 VI. PUBLICATION CLAUSE The Town Secretary of the Town of Trophy Club is hereby directed to the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. VII. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. The penalty provided herein shall be cumulative of all other remedies available for enforcement of the provisions of this Ordinance. The remedy provided herein shall be cumulative of all other remedies authorized by law. VIII. 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. IX. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 14th day of November, 2011. Connie White, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Town Council Page 92 of 155 Meeting Date: November 14, 2011 Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas Town Council Page 93 of 155 Meeting Date: November 14, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-596-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/8/2011 Town Council On agenda:Final action:11/14/2011 Title:Consider and take appropriate action regarding a Resolution casting the Town’s allocated votes (18) for a candidate to serve as a member of the Denton Central Appraisal District Board of Directors; and providing an effective date. Attachments:DCAD BOD memo.pdf RES 2011-27 DCAD Appraisal District Board Votes.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Resolution casting the Town’s allocated votes (18) for a candidate to serve as a member of the Denton Central Appraisal District Board of Directors; and providing an effective date. EXPLANATION: The terms of service for the elected Directors of the Denton Central Appraisal District expire December 31, 2011. Enclosed is a list of nominees. The Town has eighteen (18) allocated votes. Minutes from the October 3, 2011 Council meeting: Motion made by Council member Cantrell, seconded by Council member Tiffany to nominate Lourdes Hassler for consideration to the Denton County Appraisal District Board of Directors. Motion carried unanimously. TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Town Council Page 94 of 155 Meeting Date: November 14, 2011 T o w n C o u n c i l P a g e 9 5 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 9 6 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 9 7 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 9 8 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 9 9 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 1 0 0 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 1 0 1 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 1 0 2 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 1 0 3 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 1 0 4 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 1 0 5 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 1 0 6 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 1 0 7 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 1 0 8 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 1 0 9 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 1 1 0 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 1 1 1 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 1 1 2 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 1 1 3 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 1 1 4 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 1 1 5 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 1 1 6 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2011-27 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, CASTING ALL OF ITS EIGHTEEN (18) ALLOCATED VOTES FOR A PERSON TO SERVE AS A MEMBER OF THE DENTON CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS; PROVIDING FOR SUBMITTAL OF SAME TO THE CHIEF APPRAISER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 6.03 of the Tax Code provides for the selection of members for the Denton Central Appraisal District’s Board of Directors based on the standard process of nominations and selection by the voting units in a taxing jurisdiction; WHEREAS, the Town of Trophy Club, Texas, based on the tax levy for the Town, was allocated a total of eighteen (18) votes to cast for nominated candidate(s) named on the ballot provided by the Chief Appraiser of the Denton Central Appraisal District; WHEREAS, upon receiving the selections submitted by all voting units of the taxing jurisdiction, the five nominees receiving the most votes will be appointed members of the Board of Directors for the Denton Central Appraisal District; WHEREAS, it is the desire of the Town Council of the Town of Trophy Club, Texas, to cast the Town’s eighteen (18) allocated votes to select __ for placement on the Board of Directors for the Denton Central Appraisal District. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town of Trophy Club, Texas, hereby casts all of its allocated votes for __, to serve as a member of the Board of Directors for the Denton Central Appraisal District. Section 2. That this Resolution, indicating the votes cast and candidate selected, shall be submitted to the Chief Appraiser of the Denton Central Appraisal District prior to December 15, 2011. Section 3. That this Resolution shall become effective from and after its date of passage in accordance with law, and it is so resolved. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 14th day of November, 2011. Town Council Page 117 of 155 Meeting Date: November 14, 2011 Connie White, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas Town Council Page 118 of 155 Meeting Date: November 14, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-589-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/7/2011 Town Council On agenda:Final action:11/14/2011 Title:Consider and take appropriate action regarding a Resolution casting the Town’s allocated vote (1) for a candidate to serve as a member of the Tarrant Appraisal District Board of Directors; and providing an effective date. Attachments:TAD BOD memo.pdf RES 2011-28 TAD Appraisal District Board.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Resolution casting the Town’s allocated vote (1) for a candidate to serve as a member of the Tarrant Appraisal District Board of Directors; and providing an effective date. EXPLANATION: The terms of service for the five (5) elected Directors of the Tarrant Appraisal District expire December 31, 2011. Enclosed is a list of nominees for these five (5) positions and an official ballot. The Town has (1) one allocated vote for Tarrant County. Minutes from the October 3, 2011 Council meeting: Town Manager Slye expressed that Staff did not receive any applications. No action taken; discussion only. TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Town Council Page 119 of 155 Meeting Date: November 14, 2011 T o w n C o u n c i l P a g e 1 2 0 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 T o w n C o u n c i l P a g e 1 2 1 o f 1 5 5 M e e t i n g D a t e : N o v e m b e r 1 4 , 2 0 1 1 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2011-28 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, CASTING ITS ONE (1) ALLOCATED VOTE FOR A PERSON TO SERVE AS A MEMBER OF THE TARRANT COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS; PROVIDING FOR SUBMITTAL OF SAME TO THE CHIEF APPRAISER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 6.03 of the Tax Code provides for the selection of members for the Tarrant Appraisal District’s Board of Directors based on the standard process of nominations and selection by the voting units in a taxing jurisdiction; WHEREAS, the Town of Trophy Club, Texas, based on the tax levy for the Town, was allocated a total of one (1) vote to cast for nominated candidate(s) named on the ballot provided by the Chief Appraiser of the Tarrant Appraisal District; WHEREAS, upon receiving the selections submitted by all voting units of the taxing jurisdiction, the five nominees receiving the most votes will be appointed members of the Board of Directors for the Tarrant Appraisal District; WHEREAS, it is the desire of the Town Council of the Town of Trophy Club, Texas, to cast it’s one allocated vote to select __ for placement on the Board of Directors for the Tarrant Appraisal District. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town of Trophy Club, Texas, hereby casts all of its allocated votes for __, to serve as a member of the Board of Directors for the Tarrant Appraisal District. Section 2. That this Resolution, indicating the votes cast and candidate selected, shall be submitted to the Chief Appraiser of the Tarrant Appraisal District prior to December 14, 2011. Section 3. That this Resolution shall become effective from and after its date of passage in accordance with law, and it is so resolved. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 14th day of November, 2011. Town Council Page 122 of 155 Meeting Date: November 14, 2011 Connie White, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas Town Council Page 123 of 155 Meeting Date: November 14, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-588-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/7/2011 Town Council On agenda:Final action:11/14/2011 Title:Consider and take appropriate action regarding an Interlocal Agreement for Employee and Contractual Services between the Town of Trophy Club and TCMUD No. 1 for Fiscal Year 2011-2012, and authorizing the Mayor or her designee to execute all necessary documents. Attachments:Employee Services - Town FINAL - redline.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding an Interlocal Agreement for Employee and Contractual Services between the Town of Trophy Club and TCMUD No. 1 for Fiscal Year 2011-2012, and authorizing the Mayor or her designee to execute all necessary documents. TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval. Town Council Page 124 of 155 Meeting Date: November 14, 2011 NOVEMBER 9, 2011 DRAFT INTERLOCAL AGREEMENT FOR EMPLOYEE AND CONTRACTUAL SERVICES - AMENDED FY 2011-2012 This Interlocal Agreement for Employee and Contractual Services (the "Agreement") is made by and between the following parties: Trophy Club Municipal Utility District No. 1 (“MUD1”) 100 Municipal Drive Trophy Club, Texas 76262 and Town of Trophy Club, Texas ("Town") 100 Municipal Drive Trophy Club, Texas 76262, MUD1 and Town may also be individually referred to as “Party” or collectively referred to as the “Parties.” WHEREAS, MUD1 is a Municipal Utility District created and operating under the provisions of Article XVI, Section 59, of the Texas Constitution, and the general laws of the State of Texas including, particularly, Chapters 54 and 49 of the Texas Water Code, as amended. WHEREAS, Town is a home-rule municipal corporation duly organized and operating pursuant to the Constitution and laws of the State of Texas and its home rule charter. WHEREAS, MUD1 and Town each perform certain governmental services or functions within their respective jurisdictions. Prior to the execution of this Agreement, MUD1 and Town were parties to a written agreement dated and effective as of October 1, 1998, entitled INTERGOVERNMENTAL CONTRACT FOR EMPLOYEE SERVICES (the "1998 CONTRACT FOR EMPLOYEE SERVICES") wherein MUD1 (in its capacity as the "Master District" at that time for itself and MUD 2) and Town agreed that all employees of MUD1 became employees of Town subject to the personnel policies of Town and included on the payroll of Town so that employment salaries, benefits, and personnel policies of both MUD1 and Town could be administered more efficiently, effectively, and economically. The 1998 CONTRACT FOR EMPLOYEE SERVICES was renewed and amended with the last amendment having become effective in February of 2008. Town Council Page 125 of 155 Meeting Date: November 14, 2011 WHEREAS, as a result of the consolidation election held in May, 2009, MUD1 and MUD2 were consolidated with the consolidated entity being named Trophy Club MUD 1. Since the consolidation election, MUD1 and Town have determined it necessary to change the structure and terms of the 1998 Contract for Employee Services; and therefore, this Agreement supersedes the 1998 CONTRACT FOR EMPLOYEE SERVICES and all amendments thereto. WHEREAS, this Agreement is executed by MUD1 and Town as an Interlocal contract under Chapter 791 (the Interlocal Cooperation Act) of the Texas Government Code. WHEREAS, this Agreement has been authorized by the governing body of each Party to this Agreement. The governing body of each Party to this Agreement has determined that the terms and provisions of this Agreement are desirable, fair, and advantageous for that party and therefore the Agreement serves a valid public purpose. WHEREAS, the Parties to this Agreement believe that their longstanding contractual and cooperative relationship benefits both Town and MUD1, and their respective taxpayers and customers, because employee services and the administration of employment issues are handled in a more efficient, effective and economical manner, and governmental services which are the responsibility of each of the respective entities are performed by a single combined workforce consisting of Town Employees, MUD1 Funded Employees, and Jointly Funded Employees. WHEREAS, the Parties agree that while MUD1 and Town each perform distinct governmental services or functions within their respective jurisdictions, they also have a community of interest in performing these services and functions. MUD1 and Town have determined that this community of interest is best served by continuing their cooperative and intergovernmental contractual relationship with respect to employment services and employment benefits and that all costs paid hereunder shall be paid from current revenues legally available to each Party. NOW, THEREFORE, for and in consideration of the above and foregoing premises, the benefits flowing to each of the parties hereto, and other good and valuable consideration, the Town of Trophy Club, Texas and the Trophy Club Municipal Utility District No. 1 do hereby contract and agree as set forth herein below and the foregoing recitals are agreed upon and incorporated herein as a part of this Agreement. Formatted: Indent: First line: 0.5" Town Council Page 126 of 155 Meeting Date: November 14, 2011 I. Term / Termination 1.01 Term/Notice of Nonrenewal. Upon approval by the respective governing bodies of MUD1 and Town, the Parties agree that this Agreement shall be executed by their respective authorized representatives and shall take effect on October 1, 2010. The initial term of this Agreement shall be for a period of one (1) year, and this Agreement shall automatically renew annually for five (5) additional periods of one (1) year each unless written notice of nonrenewal by either party is given to the other Party at least ninety (90) days prior to October 1 of each year or unless written notice of termination is provided pursuant to Ssection 1.02. 1.02 Termination for Default. This agreement may be terminated at will by Eeither Party upon ninety (90) days written notice. may terminate this Agreement for the failure of the other Party to perform its obligations hereunder if such defaulting Party fails to cure the default within ninety (90) days after the date of written notice of default. Issuance of a notice of default termination shall first be approved by the governing body of the Party declaring the default terminating the agreement. II. Definitions 2.01 Administrative Assistance: Miscellaneous clerical and administrative services provided by a designated individual Town Employee or Town Employees for the purpose of providing administrative support to Jointly Funded Employees as provided in this Agreement. 2.02 Benefits: Programs for health insurance, life insurance, disability, retirement, workers compensation and all similar employment type benefits provided by Town to its Employees pursuant to Town and/or MUD1 employment policies including all benefits and programs provided by the local governmentTown and/or MUD1 (e.g. Catastrophic Leave Program). 2.03 Benefits and Human Resources Services: Services provided by designated Town Employee(s) in order to process benefits for and enrollment in various retirement programs, disability, health and life insurance programs, and workers compensation programs, and all other employment-related programs approved and funded by Town and/or MUD1, and services necessary to provide general training programs that are available to all Town Employees and/or that are requested by MUD1. Programs and other benefits offered via the Town and/or MUD1 employment policies are also included in this definition of services and benefits to be processed by Town (e.g. Catastrophic Leave Program). Town Council Page 127 of 155 Meeting Date: November 14, 2011 2.04 Emergency Medical Services: Health care provided by trained paramedics. 2.05 Fire Chief: The Jointly Funded Employee supervising Firefighting Services and Emergency Medical Services provided by the Trophy Club Fire Department. 2.06 Firefighting Services: Fire suppression, fire prevention, fire code enforcement and investigation, and public education provided by trained firefighters. 2.07 Information Technology Department: The Information Technology Department operated by Town, which provides any and all technology related services and support. 2.08 Jointly Funded Employees: Town Employees, including a Fire Chief, Firefighters and/or Emergency Medical Services Personnel, who provide Firefighting Services and Emergency Medical Services to both MUD1 and Town. 2.09 MUD1 Funded Employees: Employees of Trophy Club Municipal Utility District No. 1 who report to and are supervised by the MUD1 District Manager per the MUD1 organizational chart, including without limitation, employees of Municipal Utility District No. 1 who report directly to the MUD1 Board of Directors. 2.10 Operation(s), Operational, Operational Functions and/or Operational Standards: Those technical functions performed by Jointly Funded Employees and/or MUD1 Funded Employees for MUD1 which are governed or regulated by a state or federal regulatory agency, regulatory standards or permit standards, or other applicable local, state, or federal law or which are regulated by an SOP of MUD1 pursuant to this Agreement. 2.11 Permit Department: The Permit Department operated by Town which provides fee collection services, general customer service, utility related services, including without limitation, the processing of work orders, and other related services. 2.12 Personnel Policies: The personnel policies entitled “Municipality of Trophy Club Personnel Manual”, effective June 15, 2006, and approved by Town and MUD1, and as hereafter amended by agreement of the Town Manager and District Manager and approved by the respective governing bodies of Town and MUD1 as required by their respective policies and procedures. 2.13 Reciprocal Support Services: Services provided by and between the MUD1 Secretary and the Town Secretary. Formatted: Font: Bold Town Council Page 128 of 155 Meeting Date: November 14, 2011 2.1314 Support Services: Services provided to MUD1 by Town Employees assigned to the Permit Department; Town Employees assigned to the Information Technology Department; Jointly Funded Employees who provide Emergency Medical Services; Town Employees who provide Administrative Assistance in accordance with this Agreement, and Town Employees who provide Benefits and Human Resources Services as specifically identified in this Agreement. 2.14 15 Town Employees: Employees of the Town of Trophy Club who report to and are supervised by the Town Manager per the Town of Trophy Club’s organizational chart, including without limitation, employees of the Town of Trophy Club who report directly to the Town Council. III. Categories of Employees and Employee Supervision 3.01 Jointly Funded Employees. Town and MUD1 have determined it to serve their best interests and the best interests of the taxpayers of the Town by collaboratively providing Firefighting Services and Emergency Medical Services through the Trophy Club Fire Department operated by MUD1 (hereinafter “Fire Department”.) The Fire Department provides all fire and medical emergency related services to the residents of the Town of Trophy Club. In the interests of safety and efficiency, Town and MUD1 utilize a combined professional staff of Jointly Funded Employees to provide those services. Town pays for the costs of Emergency Medical Services and MUD1 pays for the costs of Firefighting Services on an equitable basis as more specifically set forth in Section 5.01 of Paragraph V “Jointly Funded Employees.” Additionally, Town shall provide certain services for Jointly Funded Employees as more specifically set forth in Paragraph IV “Contractual Services” of this Agreement. In consideration for those services provided to Jointly Funded Employees under Paragraph IV, MUD1 shall compensate Town in accordance with Section 5.01 of Paragraph V “Compensation”. The Parties understand and agree that on and after the effective date of this Agreement, all Jointly Funded Employees shall continue as Town Employees and shall be subject to the personnel policies adopted by Town in accordance with the terms of this Agreement. The Parties agree that the attached organizational chart identifies the operating structure of the respective operations of the Parties and their relationship under this Agreement. The Organizational Chart is attached hereto and incorporated herein as Exhibit A. MUD1 shall have control and oversight over the Operation(s), performance, reporting, hiring, firing, and discipline of all such Jointly Funded Employees providing Firefighting Services through the Fire Chief who reports to both the Town Manager and District Manager. Town shall have control and oversight over the Operation(s), performance, reporting, hiring, firing, and discipline of all such Jointly Funded Employees Town Council Page 129 of 155 Meeting Date: November 14, 2011 providing Emergency Medical Services through the Fire Chief who reports to both the Town Manager and District Manager. 3.02 MUD1 Funded Employees. MUD1 has employees who are the exclusive employees of MUD1. MUD1 shall have exclusive control and oversight over the Operation(s), performance, reporting, hiring, firing, and discipline of all MUD1 Funded Employees. Town has agreed to provide services for MUD1 Funded Employees as set forth in Paragraph IV “Contractual Services” of this Agreement. Prior to and consistently since the incorporation of the Town, MUD1 or its predecessors have provided water and wastewater services to the residents of the Town of Trophy Club. Currently, MUD1 Funded Employees provide water and wastewater services to the residents of Town. Water and wastewater services are governmental functions which Town also has authority under state law to provide to its residents. The provision of water and wastewater services to Town by MUD1 is beneficial to Town and the residents of Town. In consideration for those services provided by MUD1 Funded Employees, Town has agreed to provide Benefits for MUD1 Funded Employees as set forth in Paragraph V “Compensation” of this Agreement. IV. Contractual Services 4.01 Support Services Provided to MUD1. Town shall provide Support Services to MUD1 in accordance with the following provisions: A. Benefits and Human Resources Services. Town shall provide Benefits and Human Resources Services as defined above to MUD1 Funded Employees and to Jointly Funded Employees. In consideration for the Benefits and Human Resources Services provided by Town, MUD1 shall compensate Town in accordance with Section 5.02 of Paragraph V. “Compensation”. Town shall have exclusive control and oversight over the Operations, performance, hiring, firing, and discipline of the employees providing Benefits and Human Resources Services to MUD1 under this Agreement. B. Other Support Services. Town shall provide services as more specifically described herein from the Information Technology Department, from the Permit Department, and shall also provide Administrative Assistance to MUD1 Funded Employees and Jointly Funded Employees (hereinafter collectively referred to as “Other Support Services”.) In consideration for the provision of such Other Support Services provided by Town, MUD1 shall compensate Town in accordance with Section 5.02 of Paragraph V. “Compensation”. Town Council Page 130 of 155 Meeting Date: November 14, 2011 1. Information Technology Department. The Information Technology Department shall provide the use of all existing hardware and software purchased or funded solely by MUD1 and/or jointly by MUD1 and Town in accordance with properly executed licensing agreements. The Information Technology Department shall provide general implementation, support, and assistance with the use of all hardware and software in existence upon execution of this Agreement and thereafter acquired or funded solely by MUD1 and/or jointly by MUD1 and Town. All hardware, software, or other infrastructure items acquired for the sole use by Town or MUD1 shall be funded 100% by Town or MUD1 respectively. The Information Technology Department shall provide the same level of service to MUD1 as provided to Town as if Town and MUD1 were one and the same. 2. Permit Department. The Permit Department shall provide services for the acceptance and processing of permit applications and for the completion of any and all inspections required by MUD1 Orders, policies and regulations. The Permit Department shall relieve and/or assist the Utility Billing Department on an as-needed basis as agreed upon by the Town Manager and District Manager. The Permit Department shall provide the same level of service to MUD1 as provided to Town as if Town and MUD1 were one and the same. 3.Administrative Assistance. Administrative Assistance shall be provided as necessary to support those Jointly Funded Employees providing Firefighting Services. Administrative Assistance shall be provided to MUD1 at the same level of service as provided to Town as if Town and MUD1 were one and the same. 4.02 Reciprocal Support Services - MUD1 and Town. The Town Secretary and the MUD1 Secretary shall provide backup support and assistance to each other on as needed basis, including without limitation, attendance at public meetings and general administrative assistance as necessary to perform the functions of their respective positions between the hours of 8:00 a.m. and 5:00 p.m. At the request of the Town Manager, in the absence or unavailability of the Town Secretary, the MUD1 Secretary shall be authorized to sign routine documents ordinarily attested to by the Town Secretary. Conversely, at the request of the District Manager, in the absence or unavailability of the MUD1 Secretary, the Town Secretary shall be authorized to sign routine documents ordinarily attested to by the Town Secretary. The Formatted: Bullets and Numbering Town Council Page 131 of 155 Meeting Date: November 14, 2011 mutual obligations contained herein and mutual services provided hereunder shall serve as consideration for all services provided under this section. 4.0203 Oversight. Town shall have exclusive control and oversight over performance, Operational reporting, hiring, firing, and discipline of Town Employees providing Support Services. MUD1 shall not have any hiring, firing, or supervisory authority over Town Employees providing Support Services to MUD1. V. Compensation 5.01 Jointly Funded Employees. As compensation for the services provided to MUD1 by Jointly Funded Employees under this Agreement, upon Town presenting a detailed listing of all incurred expenses, MUD1 agrees to pay to Town at least monthly an amount equal to fifty percent (50%) of the actual costs incurred by Town for salary, benefits, and other compensation of the Jointly Funded Employees providing services to MUD1, subject to Paragraph IX. “Budget/New Jointly Funded Employees” of this Agreement. The term "actual costs" as used in this Agreement means those costs that Town incurs over and above the cost that Town would incur if it were not providing personnel to perform services for Jointly Funded Employees. Whenever practical to do so, Town shall have costs (other than employee costs) associated with MUD1 functions charged directly to MUD1, including but not limited to training expenses, travel, supplies, administrative and other miscellaneous costs not directly attributable to salary benefits and other compensation. 5.02 Equipment Use. Town and MUD1 agree that the use of all equipment owned by or leased by Town and/or MUD1 may be used by licensed and/or qualified Town Employees, MUD1 Funded Employees and/or Jointly Funded Employees in the performance of Town and/or MUD1 business on a “share and share alike” basis provided that the requesting Party receives prior approval of the Manager for the Party owning or leasing such equipment. 5.03 Support Services. As compensation for the Support Services provided to MUD1 Employees and Jointly Funded Employees by Town Employees under this Agreement, MUD1 agrees to pay to Town a sum not to exceed TWO HUNDRED TWENTY EIGHT THOUSAND SEVENTY FIVE AND 63ONE HUNDRED NINETY THOUSAND THOUSAND SEVEN HUNDRED AND SIXTY- NINE AND 36/100 DOLLARS ($228,075.63 $190,769.36). Payment shall be made in two (2) installments. The first installment shall be paid on October 1, 2010 2011 and the second installment shall be due on March 1, 20112012. A detail of the costs of the Support Services provided is attached hereto and incorporated herein as Exhibit “B” entitled “Cost Details”. Formatted: Tab stops: 0.63", Left Town Council Page 132 of 155 Meeting Date: November 14, 2011 5.04 Financial Services. Parties agree to reciprocate their financial expertise and services equitably, especially in the first year of the contract, as if they were one of the same. 5.05 MUD1 Funded Employees - Benefits. The Parties recognize that MUD1 provides a valuable service to the residents of the Town by providing water and wastewater services. The Parties further recognize that by providing such services to the residents of Town, MUD1 and Town receive a benefit in cost efficiencies and quality of service. In consideration for the provision of those services by MUD1 and the gain received by Town as a result thereof, Town shall allow MUD1 Funded Employees to participate in the Benefits provided by Town to Town Employees. MUD1 Funded Employee participation shall be to the same extent and on the same level that Town Employees are allowed to participate in such Benefits. MUD1 shall pay all costs associated with the provision of Benefits to MUD1 Funded Employees and all other costs of the services of MUD1 Funded Employees, except as may be expressly provided herein. 5.06 Miscellaneous Expenses. Each of the Parties shall be responsible for the cost of all materials necessary for the support and completion of their respective programs and projects. VI. MUD1 Management MUD1 retains a Manager to oversee the operations of MUD1 (hereinafter “District Manager”). The District Manager may be an independent contractor or a MUD1 Funded Employee. This Agreement is not intended to make any change in any separate contract that may exist now or in the future between MUD1 and the District Manager. Whether the District Manager is an independent contractor, or MUD1 Funded Employee, the District Manager shall report directly to the Board of Directors of MUD1 except where otherwise specifically provided in this Agreement. The person designated as the District Manager for MUD1 shall be exclusively supervised and directed by the Board of Directors of MUD1. The District Manager shall be entitled to participate in Benefits provided by Town to Town Employees. The District Manager’s participation shall be to the same extent and on the same level that Town Employees are allowed to participate in such Benefits. VII. Personnel Policies 7.01 Personnel Policies - Interim. MUD1 and Town agree to continue operating under the previously adopted Personnel Policies (defined above) until such time as new personnel policies are adopted in accordance with Town Council Page 133 of 155 Meeting Date: November 14, 2011 Section 7.02 of this Agreement. Until such time as new policies are adopted, both Parties agree to comply with the following: a. Jointly Funded Employees, MUD1 Funded Employees, and Town Employees shall all be subject to and governed by the Personnel Policies. b. Additions, deletions or other changes to the Personnel Policies that do not involve a fiscal impact may be changed by joint agreement of the District Manager and Town Manager. c. Additions, deletions or other changes to the Personnel Policies that cause, affect or otherwise involve a fiscal impact shall first be approved by each Party’s respective governing body as a condition precedent to implementation of any such addition, deletion or change. d. The MUD1 Board of Directors shall maintain disciplinary authority over the District Manager, and the Town Council shall maintain disciplinary authority over the Town Manager. 7.02 Companion Personnel Policies. Town and MUD1 understand and agree that the implementation of this Agreement and the resulting changes to their respective organizational structures may necessitate changes to the existing Personnel Policies. The Town Manager and District Manager shall collectively review existing Personnel Policies and shall work together to develop separate but companion personnel policies, which to every extent practicable shall keep MUD1 personnel policies and Town personnel policies aligned and consistent. Further, each Party agrees to work together when amending its respective policies in order to keep such policies as consistent as practicable with the personnel policies of the other Party. Town and MUD1 agree that Tthe Town Manager and the District Manager agree to complete the review and development of their respective personnel policies as expediently as possible. The Parties further agree to implement their respective personnel policies on the same date. Until the personnel policies of both Town and MUD1 have been implemented, the Parties shall continue to operate under the Personnel Policies in accordance with Section 7.01 hereinabove. VIII. Standard Operating Procedures The Fire Chief shall develop and implement Standard Operating Procedures (“SOPs”) applicable to Jointly Funded Employees and governing the use of assets and facilities of both Town and MUD1; provided however that such SOPs shall not conflict with Personnel Policies, including personnel policies adopted after the effective date of this Agreement. Prior to implementation, the SOPs must be approved by both the Town Manager and the District Manager. Town Council Page 134 of 155 Meeting Date: November 14, 2011 IX. Budget / New Jointly Funded Employees Each year, as part of the approval of the respective budgets of the Parties, the governing body for each of the Parties approves a listing of funded positions and/or an organizational chart showing all Jointly Funded Employee positions. The approved budgets contain detailed information regarding the amount of money that each of the parties hereto contributes toward the expenses of such Jointly Funded Employee positions. Town and MUD1 agree hereunder that the positions and payment approved in their respective budgetary processes shall comply with the terms of this Agreement and shall serve as partial consideration for the services provided under this Agreement. As new or additional Jointly Funded Employees are needed to perform services for MUD1, Town shall follow Town personnel policies and procedures in the selection of those employees. Prior to the hiring of any Jointly Funded Employee to perform services for MUD1, Town shall request from MUD1, or its designee, the approval of the selection, compensation, benefits, and job description of each such Jointly Funded Employee. In the event of a conflict under this Paragraph, the District Manager and Town Manager shall meet and discuss the identified conflict and shall use reasonable efforts to resolve the conflict in order to meet the needs of both MUD1 and Town. MUD1 shall not be required to fund any decision that it has not approved regarding a Jointly Funded Employee. All Jointly Funded Employees shall be supervised and directed by the Fire Chief with discipline for such Jointly Funded Employees being administered in accordance with Paragraph X “Discipline of Jointly Funded Employees”. Nothing in this Agreement shall be interpreted as an abdication by MUD1 of their governmental rights, powers, and duties with regard to services provided by MUD1 to third parties. X. Discipline of Jointly Funded Employees The Parties agree that Personnel Policies (defined above) and Town adopted standard personnel policies and disciplinary procedures which are implemented after the effective date of this Agreement in accordance with Paragraph VII “Personnel Policies” (hereinafter collectively “Town Personnel Manual”), shall apply to all Jointly Funded Employees. The following provision(s) shall apply to Jointly Funded Employees: 1. In all cases in which the established facts show a clear violation of the Town Personnel Manual, its provisions shall apply and shall be Town Council Page 135 of 155 Meeting Date: November 14, 2011 administered by the Town Manager alone in accordance with the Town Personnel Manual. In addition to Town Personnel Manual, MUD1 has established certain Standard Operating Procedures (SOPs) to be followed by Jointly Funded Employees. 2. In cases where an alleged violation of Town Personnel Manual is not clearly defined by the facts but where an alleged violation of one or more of the SOPs of MUD1 exists, the input of the District Manager shall be a prerequisite to any disciplinary measure taken for such violation. Should the input of the District Manager result in a conflict with the disciplinary measure proposed by the Town Manager, then the Town Manager and the District Manager shall work to resolve such conflict, and if they are unable to resolve the conflict, the conflict shall be resolved by referral of the matter to the MUD1 President and to the Town Mayor for final disposition. XI. Liability; Insurance; Workers Compensation Coverage; Indemnification 11.01 Liability. Town shall be responsible for the acts, negligence, and omissions of Town Employees providing Support Services to MUD1 and of Jointly Funded Employees performing services for MUD1, unless the acts or omissions were pursuant to Operational Standards or SOPs of MUD1 or District Manager or actions or omissions performed pursuant to or under the direction, supervision, or instruction of MUD1 or of the District Manager. If the acts or omissions were pursuant to Operational Standards or SOPs of MUD1 or of the District Manager, or the acts or omissions were performed pursuant to or under the direction, supervision, or instruction of MUD1 or of District Manager, MUD1 shall assume liability for the acts, negligence or omissions of such Town Employees. 11.02 Liability Insurance and Workers Compensation Coverage. The Parties to this Agreement shall each individually obtain liability insurance, with coverages as mutually agreed upon, that the parties determine will insure themselves individually and collectively from liabilities related to and arising out or this Agreement and fulfill the indemnity obligations of each party, to the extent allowed by law, under this Agreement. Such insurance shall insure against liability arising out of or related to the work performed by Jointly Funded Employees under this Agreement, with both parties named as additional insured under such insurance policies. Notwithstanding the foregoing, Town shall provide and administer Workers Compensation coverage for Jointly Funded Employees, in addition to all Town Employees and . MUD1 shall administer the Workers Compensation coverage for MUD1 Funded Employees. 11.03 Indemnification. To the extent allowed by law, both Town and MUD1 agree to defend, indemnify and hold each other harmless from their Town Council Page 136 of 155 Meeting Date: November 14, 2011 respective negligence or intentional conduct arising out of or related to this Agreement and resulting in harm to them individually or to a third party, including without limitation property damage to the parties hereto or to a third party. The indemnity provided hereunder extends to all costs and expenses incurred, including reasonable attorney's fees, to defend against, settle or pay the claim asserted by another. In the event a written claim is made by another against either Town or MUD1, written notice of the claim shall immediately be given to the other party, in order that the other party may determine whether its indemnity duty must be performed and in order to allow the indemnitor to perform indemnity. If any part of the foregoing indemnity shall be deemed or determined unenforceable or contrary to public policy by a court of competent jurisdiction, then each party shall contribute to any judgment according to its percentage of fault. 11.04 Governmental Immunity. Notwithstanding the foregoing, neither Town nor MUD1 waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions, and nothing in this Agreement shall be deemed a waiver of the governmental, sovereign, or official immunity afforded by law to either Town or MUD1. XII. Further Cooperation The Parties to this Agreement agree to cooperate, to sign and to deliver any other documents that may be necessary or appropriate to implement the provisions of this Agreement. In the event of a conflict under this Agreement, the Parties agree to meet and discuss the identified conflict and to use reasonable efforts to resolve the conflict in order to meet the needs of both MUD1 and Town. XIII. Miscellaneous 13.01 Severability. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 13.02 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 any party in the enforcement Town Council Page 137 of 155 Meeting Date: November 14, 2011 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. 13.03 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. 13.04 Assignment. This Agreement may not be sold, transferred, or assigned by any Party without the express written consent of the other Party hereto. 13.05 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 13.03 “Amendment” herein. 13.06 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: Town: Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Attention: Town Manager MUD1: Trophy Club Municipal Utility District No. 1 100 Municipal Drive Trophy Club, Texas 76262 Attention: District Manager 13.07 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. Town Council Page 138 of 155 Meeting Date: November 14, 2011 13.08 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. 13.09 Independent Parties. The Parties intend that Town and MUD1 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 Town or MUD1, or their respective officials, 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. 13.10 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. 13.11 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. 13.12 Force Majeure. Neither 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. XIV. Execution and Date This Agreement is signed by the Parties in multiple counterparts. This Agreement commenced and shall be effective for all purposes as of October 1, 2011. TROPHY CLUB MUNICIPAL UTILITY TOWN OF TROPHY CLUB, TEXAS DISTRICT NO. 1 Town Council Page 139 of 155 Meeting Date: November 14, 2011 By: _______________________ By: ___________________________ Jim Moss, President Connie White, Mayor Attest: Attest: By: _______________________ By: ___________________________ Laurie Slaught, Shannon DePrater, Interim MUD Secretary Town Secretary Approved as to form: Approved as to form: _____________________________ _______________________________ Pamela H. Liston, Attorney for MUD1 Patricia A. Adams, Town Attorney Town Council Page 140 of 155 Meeting Date: November 14, 2011 EXHIBIT “A” ORGANIZATIONAL CHART Town Council Page 141 of 155 Meeting Date: November 14, 2011 TOWN OF TROPHY CLUB ORGANIZATION STRUCTURE CITIZENS OF TROPHY CLUB MAYOR & COUNCIL MEMBERS TOWN SECRETARY TOWN MANAGER Assistant Town Manager Human Resources Coordinator IT Director Network Specialist Director of Finance Chief Financial & Budget Analyst Financial Analyst Court Administrator Community Development Director Senior Building Inspector Permit Offical Code Enforcement Officer Permitting Clerk Manager's Office Intern Public Relations Manager Director of Street Services Streets Crew Leader Street Maintenance Worker I (3) Director of Parks & Recreation Aquatics/Outdoor Supervisor Parks Supervisor Parks Crew Leader Landscape Maintenance Worker (4) Parks Irrigator Irrigation Technician Athletic Crew Leader Athletic Field Technician (2) Recreation Supervisor Police Chief Police Sergeant -CID School Resource Officer Part -Time Animal Control Officer Police Commander -Operations Patrol Sergeant Patrol Officer (5)Reserve Officer (2) Patrol Sergeant Patrol Officer (4)Reserve Officer (3) Administrative Assistant Fire Chief Fire Lietenant (3) Driver Engineer (3) Firefighter (6) TOWN ATTORNEY Town Council Page 142 of 155 Meeting Date: November 14, 2011 EXHIBIT “B” COST DETAILS 2011/2012 Total Cost General Administration $0.00 Payroll $47,479.12 IT $90,575.95 Permitting $17,500.00 Fire Department $20,574.29 Public Information Officer $24,711.00 Building Maintenance Contract ($25,00010,071.00) TOTAL $175,840190,769.36 Town Council Page 143 of 155 Meeting Date: November 14, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-591-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/7/2011 Town Council On agenda:Final action:11/14/2011 Title:Consider and take appropriate action regarding the regularly scheduled Town Council meetings for the month of January 2012. Attachments:January 2012 Calendar.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the regularly scheduled Town Council meetings for the month of January 2012. Town Council Page 144 of 155 Meeting Date: November 14, 2011 1 11/8/2011 5:53 PM Sh a n n o n D e P r a t e r Su M o T u W e T h F r S a 12 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 15 1 6 1 7 1 8 1 9 2 0 2 1 22 2 3 2 4 2 5 2 6 2 7 2 8 29 3 0 3 1 Ja n u a r y 2 0 1 2 Su M o T u W e T h F r S a 1234 567891011 12 1 3 1 4 1 5 1 6 1 7 1 8 19 2 0 2 1 2 2 2 3 2 4 2 5 26 2 7 2 8 2 9 February 2012 Ja n u a r y 2 0 1 2 J a n 1 - 7 Ja n 1 , 1 2 2 3 4 5 6 7 Ne w Y e a r ' s H o l i d a y 6: 0 0 p m C o u n c i l ; M U D 9: 0 0 a m R o u t i n e S t a f f 4: 0 0 p m P o l i c e C h a p l a 7: 0 0 p m P & Z C o m m i s s 7: 0 0 p m T C W C ; F i r e D e J a n 8 - 1 4 8 9 10 11 12 13 14 6: 3 0 p m E D C B ; S v o r e 9: 0 0 a m R o u t i n e S t a f f 7: 0 0 p m P a r k s & R e c r e 8: 0 0 a m P o l i c e S a r g e n J a n 1 5 - 2 1 15 16 17 18 19 20 21 6: 0 0 p m C o u n c i l ; M U D 7: 0 0 p m N o r t h w e s t O p 9: 0 0 a m R o u t i n e S t a f f 7: 0 0 p m T C M U D N o . 1 10 : 0 0 a m E A C ; P S C o n f e 12 : 0 0 p m C O U R T ; S v o r e 9: 0 0 a m S p e c i a l E v e n t s 7: 0 0 p m P & Z C o m m i s s J a n 2 2 - 2 8 22 23 24 25 26 27 28 8: 0 0 a m F i r e D e p t T r a i 8: 0 0 a m F i r e D e p t T r a i 9: 0 0 a m R o u t i n e S t a f f 4: 0 0 p m T B D - Z B A ; S v 7: 0 0 p m T r o p h y C l u b E 8: 0 0 a m F i r e D e p t T r a i 6: 0 0 p m P u b l i c S a f e t y J a n 2 9 - F e b 4 29 30 31 Fe b 1 2 3 4 9: 0 0 a m R o u t i n e S t a f f Su n d a y Mo n d a y Tu e s d a y We d n e s d a y Th u r s d a y Fr i d a y Saturday To w n Co u n c i l Pa g e 14 5 of 15 5 Me e t i n g Date: November 14, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-590-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/7/2011 Town Council On agenda:Final action:11/14/2011 Title:Consider and take appropriate action regarding financial and variance report for October 2011. Attachments:October 2011 Monthly Financials.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding financial and variance report for October 2011. Town Council Page 146 of 155 Meeting Date: November 14, 2011 Amended October Year-to- Budget Budget 2011 Date Y-T-D Y-T-D FY 2011-12 FY 2011-12 Actual Actual Variance % of Budget REVENUE PROPERTY TAXES 3,865,202$ 3,865,202$ 28,259$ 28,259$ (3,836,943)$ 0.7% SALES TAX 562,626 562,626 45,464 45,464 (517,162) 8.1% FRANCHISE FEES 592,556 592,556 4,586 4,586 (587,970) 0.8% BUILDING PERMITS 550,000 550,000 58,370 58,370 (491,630) 10.6% DEVELOPER FEES 111,000 111,000 - - (111,000) 0.0% MUD SERVICE CONTRACT 175,840 175,840 - - (175,840) 0.0% EMS & MUNICIPAL COURT 290,425 290,425 18,415 18,415 (272,010) 6.3% TRANSFERS & OTHER REVENUE 369,845 369,845 18,246 18,246 (351,599) 4.9% RECREATION PROGRAMS 232,750 232,750 257 257 (232,493) 0.1% TOTAL REVENUE 6,750,244 6,750,244 173,597 173,597 (6,576,647) 2.6% EXPENDITURES MANAGER'S OFFICE 655,187 655,187 43,017 43,017 (612,170) 6.6% POLICE 1,686,885 1,686,885 108,665 108,665 (1,578,220) 6.4% EMS 729,285 729,285 47,441 47,441 (681,844) 6.5% STREETS 441,687 441,687 30,920 30,920 (410,767) 7.0% PARKS 1,129,529 1,129,529 75,787 75,787 (1,053,742) 6.7% RECREATION 594,156 594,156 25,319 25,319 (568,837) 4.3% PLANNING & ZONING 156,769 156,769 10,644 10,644 (146,125) 6.8% COMMUNITY DEVELOPMENT 259,809 259,809 11,772 11,772 (248,037) 4.5% COURT 79,447 79,447 6,878 6,878 (72,569) 8.7% LEGAL 161,910 161,910 10,737 10,737 (151,173) 6.6% FINANCE 372,037 372,037 21,339 21,339 (350,698) 5.7% INFORMATION SYSTEMS 315,724 315,724 19,431 19,431 (296,293) 6.2% HUMAN RESOURCES 87,146 87,146 5,848 5,848 (81,298) 6.7% FACILITIES MANAGEMENT 80,320 80,320 44,010 44,010 (36,310) 54.8% TOTAL EXPENDITURES 6,749,891 6,749,891 461,808 461,808 (6,288,083) 6.8% EXCESS/(DEFICIT)353$ 353$ (288,210)$ (288,210)$ -4.3% CURRENT FISCAL YEAR, 2011-12 October 2011 GENERAL FUND 1/12 Months (8.33% of Fiscal Year) Town Council Page 147 of 155 Meeting Date: November 14, 2011 GENERAL FUND October 2011 1/12 Months (8.33% of Fiscal Year) REVENUES Property Taxes – Property taxes are billed and due in October. Most payments are received in December and January before they become delinquent on February 1st. During the fiscal year, the Denton Central Appraisal District (DCAD) makes supplemental assessments. Those assessments are billed by Denton County. Sales Tax - For the current fiscal year, a change was made in how sales tax revenue will be reported for monthly financials. Revenue will be shown in the month it was received. Therefore, revenue shown in the October, 2011 financials reflect collections received in October. In order to comply with the Government Accounting Standards Board requirement that sales tax be reported for the month it is collected by the vendor, a journal entry in the financial system will be performed at year-end to “true-up” reporting for the year. Franchise Taxes – Franchise fees include payments for electric, gas, telecommunication, and cable services, as well as, waste collection. Most franchise fees are received quarterly. Atmos Gas, Oncor/TXU, and Tri-County Electric franchises are paid on an annual basis in early spring. The actual year to date revenue includes the monthly franchise payments from Allied Waste. Developer Fees – Developer agreements include charges (fees) to cover the cost of inspection associated with project infrastructure. No development fees have been received as of 10/31/11. Development fees projected for the current fiscal year are anticipated to come from phases 3, 6, and 7 of The Highlands in addition to phases of Waters Edge at Hogan’s Glen and Canterbury Hills. MUD Service Contract – The employee service agreement between the Town and MUD1 has not yet been approved by the MUD Board. EXPENDITURES Any existing outstanding expenditures for fiscal year 2011 will be subsequently recorded. Facilities Management - The Town’s annual property insurance premium, which was paid monthly in the prior fiscal year, was paid for in full under Facilities Management in order to take advantage of an early payment discount. (This expense represents 55% of the department’s budget) Municipal Court – The annual conference for the court administrator occurred in October. Town Council Page 148 of 155 Meeting Date: November 14, 2011 Amended October Year-to- Budget Budget 2011 Date Y-T-D Y-T-D FY 2011-12 FY 2011-12 Actual Actual Variance % of Budget REVENUE PARK REVENUE 120,000$ 120,000$ 6,465 6,465 (113,535)$ 5.4% TOTAL RESOURCES 120,000 120,000 6,465 6,465 (113,535) 5.4% EXPENDITURES TROPHY CLUB PARK 116,444 116,444 10,050 10,050 (106,394) 8.6% TOTAL EXPENDITURES 116,444 116,444 10,050 10,050 (106,394) 8.6% EXCESS/(DEFICIT)3,556$ 3,556$ (3,585) (3,585)$ TROPHY CLUB PARK FUND CURRENT FISCAL YEAR, 2011-12 October 2011 1/12 Months (8.33% of Fiscal Year) Town Council Page 149 of 155 Meeting Date: November 14, 2011 TROPHY CLUB PARK FUND October 2011 1/12 Months (8.33% of Fiscal Year) REVENUES Park Revenue – Use of the park is seasonal. EXPENDITURES Beautification Area – A gate was installed during October within a beautification area. Town Council Page 150 of 155 Meeting Date: November 14, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-592-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/7/2011 Town Council On agenda:Final action:11/14/2011 Title:Town Council Liaison Updates; discussion of same: - October 18, 2011 - TC MUD No. 1 Meeting - Council member Cantrell - November 8, 2011 - Parks & Recreation Board Meeting - Council member Tiffany Attachments: Action ByDate Action ResultVer. TITLE Town Council Liaison Updates; discussion of same: - October 18, 2011 - TC MUD No. 1 Meeting - Council member Cantrell - November 8, 2011 - Parks & Recreation Board Meeting - Council member Tiffany Town Council Page 151 of 155 Meeting Date: November 14, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-593-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/7/2011 Town Council On agenda:Final action:11/14/2011 Title:Town Manager Slye's update regarding the following; discussion of the same. - Strategic Plan Update - Traffic signal at Bobcat Boulevard and SH 377 Update - Regional Developer’s Summit - Metroport Chamber of Commerce Attachments: Action ByDate Action ResultVer. TITLE Town Manager Slye's update regarding the following; discussion of the same. - Strategic Plan Update - Traffic signal at Bobcat Boulevard and SH 377 Update - Regional Developer’s Summit - Metroport Chamber of Commerce Town Council Page 152 of 155 Meeting Date: November 14, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-594-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/7/2011 Town Council On agenda:Final action:11/14/2011 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - October 20, 2011 Metroport Cities Partnership Meeting - October 20, 2011 Emergency Preparedness Planning Council Meeting - October 21, 2011 Neighbor Helping Neighbor Meeting - October 27, 2011 Byron Nelson High School Golf Team Breakfast - October 27, 2011 NCTCOG Member Symposium and Luncheon: Focus on the Future - November 1, 2011 - Chamber Luncheon - November 4, 2011 - Heart of North Texas - November 5, 2011 - Independence East Grand Opening - November 9, 2011 - Northwest Communities Partnership Meeting - November 9, 2011 - Baylor Grapevine Groundbreaking and Blessing Attachments: Action ByDate Action ResultVer. TITLE Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - October 20, 2011 Metroport Cities Partnership Meeting - October 20, 2011 Emergency Preparedness Planning Council Meeting - October 21, 2011 Neighbor Helping Neighbor Meeting - October 27, 2011 Byron Nelson High School Golf Team Breakfast - October 27, 2011 NCTCOG Member Symposium and Luncheon: Focus on the Future - November 1, 2011 - Chamber Luncheon - November 4, 2011 - Heart of North Texas - November 5, 2011 - Independence East Grand Opening - November 9, 2011 - Northwest Communities Partnership Meeting - November 9, 2011 - Baylor Grapevine Groundbreaking and Blessing Town Council Page 153 of 155 Meeting Date: November 14, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-595-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/7/2011 Town Council On agenda:Final action:11/14/2011 Title:Items for Future Agendas. Attachments:Future Agenda Items List.pdf Action ByDate Action ResultVer. TITLE Items for Future Agendas. Town Council Page 154 of 155 Meeting Date: November 14, 2011 Town of Trophy Club Town Council Future Agenda Items List 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 4. Explore the feasibility of combining the EDCs and improved ways of expending EDC funds. (Strother, 2/24/2011) 5. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) 6. Consider and take appropriate action regarding Goals for the Town Manager. (Stotts, 4/18/2011) 7. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) 8. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011) 9. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011) 10. Rewrite of Handbook for Elected and Appointed Officials, with projected completion date of February 15, 2012. (Rose/Slye, 8/15/11) 11. Consider and take appropriate action regarding splash pad options at Harmony Park, including input/direction from Council to Staff to start construction and have available next summer. (Strother, 8/1/2011) 12. Consider and take appropriate action regarding the Town’s park space located just north of the new ball fields at the corner of Parkview and Bobcat Boulevard to investigate whether or not it would be beneficial to place on the ballot, for citizens approval, to sale and rezone as commercial and provide the proceeds towards other parks and recreation needs. (Cantrell, 9/12/2011) 13. Schedule a strategic planning session (Strother, 9/12/2011) Town Council Page 155 of 155 Meeting Date: November 14, 2011