Agenda Packet TC 10/17/2011Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom6:00 PMMonday, October 17, 2011
CALL TO ORDER AND ANNOUNCE A QUORUM
WORKSHOP SESSION - 6:00 P.M.
1.2011-546-T Overview of presentation made to Governor's Office for Economic Development;
discussion of same.
2.2011-547-T Discussion of agenda items posted for consideration on the Regular Session Council
Agenda for October 17, 2011.
3.2011-548-T Discussion of proposed agenda items for the November 7, 2011 Regular Session
Agenda.
November 7 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.
PRESENTATION
4.2011-551-T Presentation of the Achievement for Excellence in Financial Reporting Award to the
Finance Department; discussion of same.
GFOA Memo.pdfAttachments:
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 89 Meeting Date: October 17, 2011
October 17, 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.
5.2011-549-T Consider and take appropriate action regarding the Minutes dated October 3, 2011.
October 3 2011 Minutes.pdfAttachments:
6.2011-550-T Consider and take appropriate action regarding the Minutes dated October 10, 2011
(Joint Workshop Session).
October 10 2011 Minutes.pdfAttachments:
7.2011-552-T 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.
ORD 2011-37 Amending Chap 10 Art II Stop Signs.pdfAttachments:
REGULAR SESSION
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 101711.pdf
Application - K. Hovnanian.pdf
Application - Standard Pacific.pdf
Town Engineer Approval.pdf
Attachments:
Town Council Page 2 of 89 Meeting Date: October 17, 2011
October 17, 2011Town Council Meeting Agenda
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 - 101711.pdf
Application - K Hovnanian.pdf
Application - Standard Pacific.pdf
SUBDIVIDER'S AGREEMENT - NH 3, Ph 2B & 2C - Early Release.pdf
Attachments:
10.2011-472-T 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.
ORD 2011-38 Schedule of Fees.pdfAttachments:
11.2011-553-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"; providing
for a penalty; and providing an effective date.
ORD 2011-39 Overnight Parking.pdfAttachments:
12.2011-554-T 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.
RES 2011-26 Amending Annual Appointments_WITH RECOMMENDATIONS.pdf
2011 ZBA Board Recommendation.pdf
2011 PZ Appointments - TC 101711.pdf
Attachments:
13.2011-555-T 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.
Agmt for Animal Control Services.pdfAttachments:
Town Council Page 3 of 89 Meeting Date: October 17, 2011
October 17, 2011Town Council Meeting Agenda
14.2011-556-T Consider and take appropriate action regarding the regularly scheduled Town Council
meetings for the months of November and December.
Calendar.pdfAttachments:
15.2011-557-T Consider and take appropriate action regarding financial and variance report for
September 2011 (Preliminary).
September 2011 Financials.pdfAttachments:
16.2011-558-T Town Council Liaison Updates; discussion of same:
- October 11, 2011 - Parks & Recreation Board Meeting - Council member Tiffany
17.2011-559-T Town Manager Slye's update regarding the following; discussion of the same.
- Community Clean Up Event - Saturday, October 22
- Storm Drainage Fee Update
18.2011-560-T 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
19.2011-561-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
Town Council Page 4 of 89 Meeting Date: October 17, 2011
October 17, 2011Town Council Meeting Agenda
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, October 13, 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 5 of 89 Meeting Date: October 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-546-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/12/2011 Town Council
On agenda:Final action:10/17/2011
Title:Overview of presentation made to Governor's Office for Economic Development; discussion of same.
Attachments:
Action ByDate Action ResultVer.
TITLE
Overview of presentation made to Governor's Office for Economic Development; discussion of same.
Town Council Page 6 of 89 Meeting Date: October 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-547-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/12/2011 Town Council
On agenda:Final action:10/17/2011
Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for
October 17, 2011.
Attachments:
Action ByDate Action ResultVer.
TITLE
Discussion of agenda items posted for consideration on the Regular Session Council Agenda for October 17, 2011.
Town Council Page 7 of 89 Meeting Date: October 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-548-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/12/2011 Town Council
On agenda:Final action:10/17/2011
Title:Discussion of proposed agenda items for the November 7, 2011 Regular Session Agenda.
Attachments:November 7 Proposed Agenda Items.pdf
Action ByDate Action ResultVer.
TITLE
Discussion of proposed agenda items for the November 7, 2011 Regular Session Agenda.
Town Council Page 8 of 89 Meeting Date: October 17, 2011
Meeting Date
11/7/2011 Item File ID Staff ARF?
Workshop
Discussion of agenda items posted for consideration on the Regular
Session Council Agenda for November 7, 2011.
Town Sec
Discussion of proposed agenda items for the November 21, 2011
Regular Session Agenda.
Town Sec
Consent Consider and take appropriate action regarding the Minutes dated
October 17, 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
Special Events Ordinance Amendment CD/Legal
Maintenance Agreement - HOA Legal
NISD Request to Town to vacate Parkview CD/Legal
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 9 of 89 Meeting Date: October 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-551-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/12/2011 Town Council
On agenda:Final action:10/17/2011
Title:Presentation of the Achievement for Excellence in Financial Reporting Award to the Finance
Department; discussion of same.
Attachments:GFOA Memo.pdf
Action ByDate Action ResultVer.
TITLE
Presentation of the Achievement for Excellence in Financial Reporting Award to the Finance Department; discussion of
same.
Town Council Page 10 of 89 Meeting Date: October 17, 2011
Town Council Page 11 of 89 Meeting Date: October 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-549-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:10/12/2011 Town Council
On agenda:Final action:10/17/2011
Title:Consider and take appropriate action regarding the Minutes dated October 3, 2011.
Attachments:October 3 2011 Minutes.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the Minutes dated October 3, 2011.
Town Council Page 12 of 89 Meeting Date: October 17, 2011
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, October 3, 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 3,
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
Bill Rose Council Member
Glenn Strother Council Member
Jeannette Tiffany 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
Mayor White announced the date of October 3, 2011, called the meeting to order and announced a
quorum at 6:05 p.m.
WORKSHOP SESSION - 6:00 P.M.
1. Presentation from Ray Turco regarding the Citizen Survey Results; discussion of same.
Town Manager Slye welcomed Ray Turco. Mr. Turco gave a presentation regarding the Citizen Survey
Results and addressed questions from Council.
Larry Lentzner, 303 Ridge View Lane, addressed Council regarding the capturing of the demographics
used in the survey.
Presentation included in the minutes.
2. Discussion of agenda items posted for consideration on the Regular Session Council Agenda
for October 3, 2011.
3. Discussion of proposed agenda items for the October 17, 2011 Regular Session Agenda.
Mayor White called a short break.
Town Council Page 13 of 89 Meeting Date: October 17, 2011
CONVENE INTO REGULAR SESSION - START TIME – 7:14 p.m.
The Invocation was offered by Police Chief Kniffen.
The Pledges were led by Council member Rose.
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.
Larry Lentzner, 303 Ridge View Lane, addressed the Council regarding PD-30 including gas wells, park
land dedication and community college or outpatient center will not contribute to the tax base.
Peter Wick, 115 Pebble Beach Drive and Rick Chalk, 117 Pebble Beach Drive addressed the Council
regarding the area coyote problem.
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.
4. Consider and take appropriate action regarding the Minutes dated September 26, 2011.
Council member Rose requested consent agenda #4 be removed from the consent agenda.
Motion made by Council member Rose, seconded by Council member Cantrell to approve the Minutes
dated September 26, 2011 as amended and placed at the dais. Motion carried unanimously.
REGULAR SESSION
5. Consider and take appropriate action regarding a Final Plat for Waters Edge at Hogan's Glen,
Phase 2B-1 (5.686 acres) located in Planned Development No. 22. Applicant: Jacobs on behalf
of BDMR Development, LLC (FP-11-041)
A. Consider and take appropriate action regarding a Subdivider's Agreement between the
Town and BDMR Development, LLC, for Waters Edge at Hogan's Glen, Phase 2B-1.
Community Development Director Huggins introduced this item and addressed questions from Council.
Lance Proctor, Lenart Development (on behalf of BDMR Development) and Town Engineer Tom
Rutledge also addressed questions from Council.
Motion made by Council member Rose, seconded by Council member Tiffany to approve the Final Plat
for Waters Edge at Hogan's Glen, Phase 2B-1 (5.686 acres) located in Planned Development No. 22. and
the subdivider’s agreement for Waters Edge at Hogan's Glen, Phase 2B-1 as amended at the dais.
Motion carried unanimously.
6. Consider and take appropriate action regarding the approval of a Resolution of the Town
Council repealing Resolution No. 2010-22 and Resolution No. 2011-08 and adopting a new
Town Council Page 14 of 89 Meeting Date: October 17, 2011
Resolution making annual appointments of citizens and Council liaisons to serve Town
Boards and Commissions; and providing an effective date.
Larry Lentzner, 303 Ridge View Lane addressed Council and asked if Council could make a motion to
include the listed alternates in the recommendation, if the Parks & Recreation Board finds they have a
vacancy in the near future.
Town Manager Slye asked Council to refer to page 34 of the Council packet, showing the list of all the
various boards and commissions’ applicants and Section 2 of the proposed Resolution lists all the
recommendations being made by each board.
Council made the decision to discuss each board and then vote on the Resolution as a whole.
Economic Development Corporation 4A
President Harvey recommends Richard Bell and Greg Wilson.
Council Member Cantrell will continue as Council Liaison.
Economic Development Corporation 4B
The Board recommends Rebecca Shuman, Dean Murray, Larry Mundy, Randall Conn. President Hicks is
requesting an exception for Dean Murray to serve on two boards.
Council member Cantrell recommends approving the exception.
Mayor Pro Tem Hoover asked if the Council was going to approve every exception before them and if so,
why did Council make changes to the handbook.
Council member Rose stated he had discussions with Dean Murray and Murray would like to stay with the
Parks & Recreation Board, he can continue to work with EDC 4B as a resident. Rose proposed switching
Dean Murray with Michael Bridges for EDC 4B to allow for new members.
Jim Hicks, 209 Phoenix, addressed the Council regarding Mr. Dean Murray’s commitment to the
Economic Development Corporation 4B and appealed to the Council for this one time exception to take
place.
Dean Murray, 505 Glenhurst Court, addressed the Council stating he would like to work with the Parks
and Recreation Board, if he only can work with one board.
Mayor White and Council member Tiffany recommend making the exception for Dean Murray.
Mayor Pro Tem Hoover would prefer that Dean Murray be on EDC 4B instead of the Parks & Recreation
Board. Hoover will make an exception as long Council does not make an exception for everyone tonight.
Council member Strother will continue as Council Liaison.
Parks & Recreation Board
The Board recommends reappointing Larry Lentzner and Chris McCollister and appoint Glenn Hurst and
Louis Hocker.
Council member Cantrell is support of the recommendations as it brings both new and reoccurring
members.
Council member Tiffany will serve as Council Liaison.
Town Council Page 15 of 89 Meeting Date: October 17, 2011
Planning & Zoning Commission
Chairman Hill recommends all three incumbents be reappointed.
Community Development Director Huggins explained that five applicants were interviewed by phone and
that most had expressed interest in other boards and commissions. Due to the limited amount of
applicants for the Zoning Board of Adjustment; the applicants were recommended to ZBA for
consideration.
Council member Strother expressed his interest in the applicant that works in this field in another city.
Community Development Director Carolyn Huggins expressed that the applicant may have conflicts with
the days and times the Planning & Zoning Commission meets and that was another reason she was
recommended to the Zoning Board of Adjustment.
Council member Strother asked if it would be possible to remove the Planning & Zoning Commission
appointments and bring back at another time. Town Attorney Adams advised all the terms have expired
and the Commission was meeting the next night, reappointments need to be made or extend the current
terms for a stated time frame. Discussion was also held on whether or not alternatives could be
appointed to the Commission.
Council member Cantrell expressed her disappointment that the Planning & Zoning Commission did not
come forth with at least one new member. She understands that expertise is needed to serve but she
knows that there are people in our community that have that expertise; she would have liked to have seen
one new member, as the other Boards have done. This goes back to her reasoning for requesting the
handbook to be amended.
Council member Rose stated he struggled with is the amount of information in the council packet, a new
applicant put forth a nice packet for a position and then an application from an existing member, only their
time on the board is listed, no qualifications and then you are supposed to weigh the two, it is very
difficult.
Mayor White expressed that not only the committee system very important, it is also the way for residents
can begin to be involved in the community and learn how this works and hopefully those are the ones that
run for office. Mayor White shared that she agrees with Council members Cantrell and Rose.
Council member Strother clarified that Council can take the Resolution and vote to extend the 2011 terms
on the current board sixty days and then readdress at a later time while having Town Manager Slye
express the Council’s concerns to Chairman Hill. Town Manager Slye said he and Community
Development Director Huggins will take Council concerns to Chairman Hill if Council wants to vote to
extend the current 2011 terms and bring back results.
Zoning Board of Adjustment
Council member Cantrell suggests moving Bob Fair and either make him an alternate or take him off the
list; he is already on a Board.
Mayor White agrees with Council member Cantrell to switch Bob Fair to an alternate position.
Council member Strother asked Town Manager Slye if he could take the Council’s concerns to the Zoning
Board of Adjustment, just like Planning & Zoning.
Council member Rose reminded Council that Bob Downey is currently on two Boards – the Ethics
Commission and Zoning Board of Adjustment.
Council member Strother asked Town Attorney Adams if the motion needed to include names, date or
number of days.
Town Attorney Adams provided a proposed motion:
Town Council Page 16 of 89 Meeting Date: October 17, 2011
Motion to approve the Resolution with the changes that have been discussed, which are in blue, naming
Council member Cantrell as the Council liaison for EDCA, continuing with Council member Strother as the
Council liaison for EDCB, approving those recommendations for Park and Recreation Board with Council
member Tiffany as the Council liaison, and extending the term of the existing members of Planning &
Zoning to November 30, 2011 and the existing members of the Zoning Board of Adjustment for sixty days
which would be November 30, 2011.
Council member Hoover moved, seconded by Council member Strother.
Dean Murray, Larry Lentzner and Jim Hicks thanked the Council for their consideration.
Motion carried unanimously.
Council member Cantrell expressed her sincere thanks to all volunteers.
7. Consider and take appropriate action regarding an interlocal cooperation agreement between
Denton County and the Town of Trophy Club for a Shared Governance Communication and
Dispatch Services System; and authorizing the Mayor or her designee to execute all
necessary documents.
Motion made by Council member Rose, seconded by Council member Tiffany to approve an interlocal
cooperation agreement between Denton County and the Town of Trophy Club for a Shared Governance
Communication and Dispatch Services System; and authorizing the Mayor or her designee to execute all
necessary documents. Motion carried unanimously.
8. Consider and take appropriate action to nominate up to five people to be considered for the
Denton County Appraisal District Board of Directors.
Town Manager Slye shared that Staff has only received one application, Lourdes Hassler.
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.
9. Consider and take appropriate action to nominate one person to be considered for the Tarrant
County Appraisal District Board of Directors.
Town Manager Slye expressed that Staff did not receive any applications.
No action taken; discussion only.
10. Town Council Liaison Updates; discussion of same:
- September 27, 2011 - EDC 4B - Council member Strother
Council member Strother updated the Council on the EDC 4B September board meeting and addressed
questions. No action taken, update only.
11. Town Manager Slye's update regarding the following; discussion of the same.
- PD-30 on the Town's website
Town Manager Slye updated the Council and addressed questions. No action taken, update only.
Town Council Page 17 of 89 Meeting Date: October 17, 2011
12. Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
- September 30, 2011 - Metroport Meals on Wheels - 6th Annual Fall Fashion Show & Shopping
Bazaar and Presentation of Annual LINK Award
Mayor White and Council members gave a brief update of the meetings they attended since the last
Council meeting. No action taken, update only.
13. 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)
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 Council Member Cantrell, seconded by Council member Tiffany to adjourn. Motion
carried unanimously. Meeting adjourned at 9:08 p.m.
___________________________________ ________________________________
Shannon DePrater, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 18 of 89 Meeting Date: October 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-550-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:10/12/2011 Town Council
On agenda:Final action:10/17/2011
Title:Consider and take appropriate action regarding the Minutes dated October 10, 2011 (Joint Workshop
Session).
Attachments:October 10 2011 Minutes.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the Minutes dated October 10, 2011 (Joint Workshop Session).
Town Council Page 19 of 89 Meeting Date: October 17, 2011
MINUTES FROM JOINT TOWN COUNCIL and PLANNING & ZONING WORKSHOP
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, October 10, 2011 at 6:00 P.M.
Svore Municipal Building Boardroom
The Town Council and the Planning & Zoning Commission of the Town of Trophy Club, Texas, met in a Joint
Workshop Session on Monday, October 10, 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
Bill Rose Council Member
Glenn Strother Council Member
Jeannette Tiffany Council Member
PLANNING & ZONING COMMISSIONERS PRESENT:
Gene Hill Chairman
James Stephens Vice Chairman
Mike Davidson Commissioner
Dale Forest Commissioner
Gary Richert Commissioner
Clayton Reed Commissioner
Dennis Sheridan Commissioner
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Stephen Seidel Assistant Town Manager
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Carolyn Huggins Community Development Director
April Reiling PIO / Marketing Manager
Mike Pastor Information Systems Manager
Scott Polikov Town Consultant, Gateway Planning Group
Scott Beck Applicant
Bill Dahlstrom Applicant’s Attorney/Planner, Jackson Walker
Mike Twichell Applicant’s Architect, Michael F. Twitchell, L.P.
Mayor White announced the date of October 3, 2011, called the meeting to order and announced a quorum at
6:04 p.m. Mayor White announced that Council member Strother was delayed and would be here shortly.
Chairman Hill, noting a quorum present, called the Planning & Zoning Commission to order at 6:04 p.m.
JOINT WORKSHOP WITH PLANNING & ZONING COMMISSION
1. Joint Work Session of the Town Council and the Planning & Zoning Commission for a presentation
and discussion of 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.
The Town Council, the Planning & Zoning Commission, Staff and applicant held a discussion regarding the
following topics: Specific Use Permit for Alcohol Sales, Tree Preservation Plan, Phasing and Infrastructure Plan,
Multi-Family Housing, Height of Buildings, Permitted Used, Parking, Procedures, Street Accessibility,
Supplemental Uses, Signage, and Landscaping.
Town Council Page 20 of 89 Meeting Date: October 17, 2011
Mayor White called a short break; Council and Planning & Zoning reconvened at 8:40 p.m.
2. Citizens' Questions and Comments.
The following residents addressed the Council in regards to PD-30:
• Susan Edstrom, 269 Oak Hill Drive
• Chris Clark, 11 Palmetto Court
• Sean Weaver, 109 Inverness Drive
• Christina Pearlman, 6 Hamper Court
• Marc Bartels, 122 Carnoustie Drive
• Dick Swetman, 5 Palmetto Court
• Larry Mundy, 8 Brook Hollow Lane
• Louis Goldstein, 68 Cypress Court
ADJOURN
Councilmember Rose made a motion to adjourn, seconded by Council member Strother.
Chairman Hill adjourned the meeting.
Motion made by Council Member Rose, seconded by Council member Strother to adjourn. Motion carried
unanimously. Meeting adjourned at 9:48 p.m.
Chairman Hill adjourned the Planning & Zoning Commission at 9:48 p.m.
Shannon DePrater, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 21 of 89 Meeting Date: October 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-552-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/12/2011 Town Council
On agenda:Final action:10/17/2011
Title: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.
Attachments:ORD 2011-37 Amending Chap 10 Art II Stop Signs.pdf
Action ByDate Action ResultVer.
TITLE
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.
EXPLANATION:
Fifteen new Stop signs have been added through recently accepted infrastructure in the Highlands NH’s 1-2A, 5-2B, 4-2A
and 8 -Phase 1. Ordinance requires addition of each Stop sign to the ordinance to be enforceable.
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 #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 hereby recommends acceptance of the above referenced Stop signs to Ordinance in order to be enforced.
Town Council Page 22 of 89 Meeting Date: October 17, 2011
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-37
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
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 THE INCORPORATION OF
PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00);
PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to the Charter of the Town, State law, and its inherent
police powers, the Town Council of the Town is empowered to adopt ordinances and
rules that are for the good government of the Town; and
WHEREAS, pursuant to Chapter 542 of the Texas Transportation Code, the
Town is authorized to designate an intersection as a stop intersection or a yield
intersection and to require each vehicle to stop or yield at one or more entrances to the
intersection in accordance with an authorized traffic control device; and
WHEREAS, due to growth and development within the Town, new streets and
are being constructed, new intersections are being created, roads are being realigned
and renamed; and
WHEREAS, the Town Council has determined that public health, safety and
welfare and good engineering practices mandate the designation of additional stop
intersections with the addition of stop signs at those stop intersections within the Town;
and
WHEREAS, the Town Council has determined it to be in the best interest of the
Town and its residents to amend the Code of Ordinances by designating new stop
intersections and authorizing the placement of stop signs as the official traffic control
device at those stop intersections; and
WHEREAS, the Town Council hereby finds that the amendment of Section
2.03(B) of Article II, Chapter 10 of the Code of Ordinances as further specified herein
serves the best interests of the health, safety and welfare of the citizens of the Town.
Town Council Page 23 of 89 Meeting Date: October 17, 2011
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Subsection B entitled “Stop Signs” of Section 2.03 entitled “Traffic Control
Devices” of Article II entitled, “Traffic & Vehicles” of Chapter 10, entitled “Public Safety”
of the Code of Ordinances of the Town of Trophy Club, Texas is hereby amended to
add subsections 171 through 186 to Section 2.03, Subsection (B), which subsections
shall be and read in their entirety as follows and all other subsections shall remain
unchanged:
“2.03
B. Stop Signs
171. At the Northeast corner of the intersection of Hogans Drive and Reading
Court facing east.
172. At the Northeast corner of the intersection of Hogans Drive and Rochester
Court facing east.
173. At the Northeast corner of the intersection of Kensington Lane and Roseville
Drive facing east.
174. At the Northwest corner of the intersection of Kensington Lane and Geneva
Court facing north.
175. At the Northwest corner of the intersection of Kensington Lane and Rose Bay
Court facing north.
176. At the Southwest corner of the intersection of Kensington Lane and Balmain
Court facing west.
177. At the Southeast corner of the intersection of Morgan Lane and Bronte Court
facing south.
178. At the Northwest corner of the intersection of Morgan Lane and Willow Lane
facing north.
179. At the Southeast corner of the intersection of Yorkshire Drive and Sherwood
Drive facing south.
180. At the Southwest corner of the intersection of Yorkshire Drive and Earl Drive
facing west.
181. At the Northwest corner of the intersection of Earl Drive and Sheffield Drive
facing north.
Town Council Page 24 of 89 Meeting Date: October 17, 2011
182. At the Northeast corner of the intersection of Sheffield Drive and Sherwood
Drive facing east.
183. At the Southwest corner of the intersection of Edingburg Avenue and Malin
Drive facing west.
184. At the Northeast corner of the intersection of Abby Lane and Veranda
Avenue facing east.
185. At the Northeast corner of the intersection of Veranda Avenue and Malin
Drive facing east.”
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting
traffic control and shall not repeal any of the provisions of such ordinances except in
those instances where provisions of those ordinances are in direct conflict with the
provisions of this Ordinance; whether such ordinances are codified or uncodified, and all
other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified,
not in conflict with the provisions of this Ordinance, shall remain in full force and effect.
Notwithstanding the foregoing, any complaint, action, cause of action or claim which
prior to the effective date of this Ordinance has been initiated or has arisen under or
pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions
of that Ordinance and for that purpose the Ordinance shall be deemed to remain and
continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or its application to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance; and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
Town Council Page 25 of 89 Meeting Date: October 17, 2011
fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Hundred
Dollars ($200.00).
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter.
SECTION 8.
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 17th day of October, 2011.
Mayor, Connie White
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 26 of 89 Meeting Date: October 17, 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:10/17/2011
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 101711.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 27 of 89 Meeting Date: October 17, 2011
TOWN COUNCIL
STAFF REPORT
October 17, 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
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 Page 28 of 89 Meeting Date: October 17, 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 29 of 89 Meeting Date: October 17, 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 30 of 89 Meeting Date: October 17, 2011
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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:10/17/2011
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 - 101711.pdf
Application - K Hovnanian.pdf
Application - Standard Pacific.pdf
SUBDIVIDER'S AGREEMENT - NH 3, Ph 2B & 2C - Early Release.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 34 of 89 Meeting Date: October 17, 2011
TOWN COUNCIL
STAFF REPORT
October 17, 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
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 Page 35 of 89 Meeting Date: October 17, 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 36 of 89 Meeting Date: October 17, 2011
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Q:\P&Z\PD-27 THE HIGHLANDS\NH 3 Ph 2B\SUBDIVIDER'S AGREEMENT - NH 3, Ph 2B & 2C - Early Release.doc
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
facilities for the completion of the Project. The DEVELOPER agrees to employ a
Town Council Page 39 of 89 Meeting Date: October 17, 2011
Q:\P&Z\PD-27 THE HIGHLANDS\NH 3 Ph 2B\SUBDIVIDER'S AGREEMENT - NH 3, Ph 2B & 2C - Early Release.doc
2
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
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.
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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, 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
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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.
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
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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.
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
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“maintain” shall mean that the DEVELOPER is responsible for mowing,
weedeating, or 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” shall mean the
DEVELOPER is responsible for 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) will 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.
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
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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'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
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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.
E. Final Acceptance of Infrastructure. The TOWN will 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. Upon Substantial Completion of the Partial
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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 will issue Building Permits
for nine (9) of the 42 homes proposed to be constructed in Phase 2B, and 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 will process those permit
applications based upon date and time of the filing of each permit application;
provided however that permits will 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 will 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). 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
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.
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H. This Subdivider's AGREEMENT shall be construed in accordance with the Town of
Trophy Club, Texas Subdivision Regulations and all other applicable ordinances.
Any conflicts between the provisions of this Subdivider’s AGREEMENT, the
TOWN'S Subdivision Regulations, Town Ordinances, and State and Federal law,
shall be construed in favor of the Town’s ordinance(s) as allowed by law, subject to
Chapter 245 of the Local Government Code. To the extent that any such conflict
exists, only that portion of the Subdivider’s AGREEMENT which is in conflict shall
be severable from the other provisions of the AGREEMENT, and such conflict shall
in no manner affect the validity or enforceability of the remaining provisions.
I. All rights, remedies and privileges permitted or available to the TOWN under this
AGREEMENT or at law or equity shall be cumulative and not alternative, and
election of any such right, remedy or privilege shall not constitute a waiver or
exclusive election of rights, remedies or privileges with respect to any other
permitted or available right, remedy or privilege. Additionally, one instance of
forbearance by the Town in the enforcement of any such right, remedy or privilege,
shall not constitute a waiver of such right, remedy or privilege by the Town. A
default under this Agreement by the TOWN shall not result in a forfeiture of any
rights, remedies, or privileges under this Agreement by the TOWN.
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER:
By:
Date:
By:
Project Manager
Date:
TOWN OF TROPHY CLUB:
By:
Mayor, TOWN of Trophy Club
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ATTEST:
___________________________
Town Secretary, Town of Trophy Club
Date: ______________________
APPROVED AS TO FORM:
____________________________
Town Attorney, Town of Trophy Club
Town Council Page 49 of 89 Meeting Date: October 17, 2011
BID TABULATION
Project : Trophy Club Phase 2B Date:5/11/2011
Location:Trophy Club Lots:42
Job No.10021
Residential Acreage 14.30
SEC. I EXCAVATION CONATSER
ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST
1.1 Clearing 1 L.S. $6,800.00 $6,800.00
1.2 Excavation 11,000 CY $3.50 $38,500.00
1.3 Lot Benching (Final)42 Lot $200.00 $8,400.00
1.4 Lot Benching (Finish)42 Lot $150.00 $6,300.00
1.5 Silt Fence 3,700 L.F. $1.50 $5,550.00
1.6 Curlex Mat (after construction)4,400 L.F. $1.10 $4,840.00
1.7 Construction Entrance 1 EA. $1,500.00 $1,500.00
Add Process Dirt Imported From 2C 3,500 CY $0.00 $0.00
TOTAL COSTS $71,890.00
SEC. II SANITARY SEWER
ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST
2.1 8" Sewer (PVC) 836 L.F. $22.00 $18,392.00
2.2 4' Diameter Manhole 1 EA $2,500.00 $2,500.00
2.3 Tie to Existing 8" Sewer 2 EA $500.00 $1,000.00
2.4 4" Sewer Services to Ex. 8"26 EA $450.00 $11,700.00
2.5 4" Sewer Services 13 EA. $350.00 $4,550.00
2.6 Adjust Manhole Rim 5 EA. $200.00 $1,000.00
2.7 Trench Safety 836 L.F. $1.00 $836.00
2.7 Testing 836 L.F. $1.00 $836.00
TOTAL COSTS $40,814.00
SEC. III WATER
ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST
3.1 8" Water pipe (PVC)2,200 L.F. $19.00 $41,800.00
3.2 6" Valve 4 EA $750.00 $3,000.00
3.3 8" Valve 4 EA. $950.00 $3,800.00
3.4 1" Water Service 33 EA. $400.00 $13,200.00
3.5 1-1/2" Double Water Service 3 EA. $650.00 $1,950.00
3.6 Fire Hydrant with 6" Lead 4 EA $2,500.00 $10,000.00
3.7 Fittings 1 L.S. $3,000.00 $3,000.00
3.8 Tie to Ex. 8"2 EA $400.00 $800.00
3.9 Trench Safety 2,200 L.F. $0.10 $220.00
3.11 Water Test 2,200 L.F. $0.25 $550.00
TOTAL COSTS $78,320.00
CORWIN ENGINEERING, INC.
200 W. Belmont, Suite E
Allen, Texas 75013
972-396-1200 Fax: 972-396-4987
Town Council Page 50 of 89 Meeting Date: October 17, 2011
SEC. IV STORM SEWER
ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST
4.1 48" RCP 229 L.F. $105.00 $24,045.00
4.2 42" RCP 624 L.F. $95.00 $59,280.00
4.3 30" RCP 294 L.F. $55.00 $16,170.00
4.4 24" RCP 30 L.F. $48.00 $1,440.00
4.5 18" RCP 139 L.F. $42.00 $5,838.00
4.6 5'x5' Manhole 1 EA. $2,500.00 $2,500.00
4.7 10' Inlet 10 EA. $2,000.00 $20,000.00
4.8 12" Thick Gabion Mattress 100 S.Y. $90.00 $9,000.00
4.9 Tie to Ex. 42" Rcp 1 L.S. $300.00 $300.00
4.10 Remove Ex. 42" Headwall 1 EA. $600.00 $600.00
4.11 48" Headwall 1 E.A. $2,200.00 $2,200.00
Add Trench Safety 1,316 L.F. $0.00 $0.00
Add T.V. Storm 1,316 L.F. $0.00 $0.00
$500.00 $141,373.00
SEC. V PAVING
ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST
5.1 6" 4000 psi Concrete Pavement 7,000 S.Y. $25.00 $175,000.00
5.2 Subgrade Preparation 7,500 S.Y. $2.50 $18,750.00
5.3 Hydrated Lime 130 TON $150.00 $19,500.00
5.4 4' Sidewalk 0 S.F. $0.00 $0.00
5.5 4' Positive Overflow 568 S.F. $4.00 $2,272.00
5.6 Barrier Free Ramps 7 EA. $1,000.00 $7,000.00
5.7 Remove & Dipose Barricades 2 E.A. $300.00 $600.00
5.8 Tie to Existing Pavement 2 E.A. $250.00 $500.00
TOTAL COSTS $223,622.00
PROJECT COST SUMMARY
ITEM TOTAL COST
EXCAVATION $71,890.00
SANITARY SEWER $40,814.00
WATER $78,320.00
PAVING $223,622.00
STORM DRAINAGE $141,373.00
TOTAL COST $556,019.00
Town Council Page 51 of 89 Meeting Date: October 17, 2011
BID TABULATION
Project : Trophy Club Phase 2C Date:5/11/2011
Location:Trophy Club Lots:13
Client:Job No.10021
Prepared By:
Residential Acreage 5.90
SEC. I EXCAVATION CONATSER
ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST
1.1 Clearing 1 L.S. $3,000.00 $3,000.00
1.2 Excavation 4,400 CY $4.00 $17,600.00
1.2 Export excess to Phase 2B 3,500 CY $2.00 $7,000.00
1.3 Lot Benching (Final)13 Lot $200.00 $2,600.00
1.4 Lot Benching (Finish)13 Lot $150.00 $1,950.00
1.5 Silt Fence 2,400 L.F. $1.50 $3,600.00
1.6 Curlex Mat (after construction)1,450 L.F. $1.10 $1,595.00
1.7 Construction Entrance 1 EA. $1,500.00 $1,500.00
TOTAL COSTS $38,845.00
SEC. II SANITARY SEWER
ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST
2.1 8" Sewer (PVC) 400 L.F. $22.00 $8,800.00
2.2 4' Diameter Manhole 1 EA $2,500.00 $2,500.00
2.3 Tie to Existing 8" Sewer 1 EA $500.00 $500.00
2.5 4" Sewer Services 7 EA. $350.00 $2,450.00
2.7 Install 4" Swr. Ser. To Ex. 8" Sewer 6 EA. $450.00 $2,700.00
2.7 Trench Safety 400 L.F. $1.00 $400.00
2.7 Testing 400 L.F. $1.00 $400.00
TOTAL COSTS $17,750.00
SEC. III WATER
ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST
3.1 8" Water pipe (PVC)1,020 L.F. $19.00 $19,380.00
3.2 6" Valve 1 EA $750.00 $750.00
3.3 8" Valve 0 EA. $0.00 $0.00
3.4 1" Water Service 13 EA. $400.00 $5,200.00
3.5 Tie to Ex. 8"1 EA $300.00 $300.00
3.6 12"x 8" Tapping Sleeve 1 EA $2,000.00 $2,000.00
3.7 8"x 8" Tapping Sleeve 1 EA $1,750.00 $1,750.00
3.8 Fittings 1 L.S. $3,000.00 $3,000.00
3.9 Fire Hydrant with 6" Lead 1 EA $2,500.00 $2,500.00
3.10 Trench Safety 1,020 L.F. $0.10 $102.00
3.12 Water Test 1,020 L.F. $1.00 $1,020.00
Add Bore 8" Water 80 L.F.$200.00 $16,000.00
Add Rem. & Replace Sidewalk 1 L.F.$2,000.00 $2,000.00
TOTAL COSTS $54,002.00
CORWIN ENGINEERING, INC.
200 W. Belmont, Suite E
Allen, Texas 75013
972-396-1200 Fax: 972-396-4987
Town Council Page 52 of 89 Meeting Date: October 17, 2011
SEC. IV STORM SEWER
ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST
4.7 10' Inlet 3 EA. $2,000.00 $6,000.00
4.11 2'x 2' Grate Inlet 1 E.A. $1,500.00 $1,500.00
4.10 Remove Wye Inlet 1 EA. $500.00 $500.00
$500.00 $8,000.00
SEC. V PAVING
ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST
5.1 6" 4000 psi Concrete Pavement 2,650 S.Y. $25.00 $66,250.00
5.2 Subgrade Preparation 2,850 S.Y. $2.50 $7,125.00
5.3 Hydrated Lime 50 TON $150.00 $7,500.00
5.4 4' Sidewalk 2,040 S.F. $2.50 $5,100.00
5.6 Barrier Free Ramps 2 EA. $1,000.00 $2,000.00
5.8 Tie to Existing Pavement 2 E.A. $250.00 $500.00
TOTAL COSTS $88,475.00
PROJECT COST SUMMARY
ITEM TOTAL COST
EXCAVATION $38,845.00
SANITARY SEWER $17,750.00
WATER $54,002.00
PAVING $88,475.00
STORM DRAINAGE $8,000.00
TOTAL COST $207,072.00
Town Council Page 53 of 89 Meeting Date: October 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-472-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/13/2011 Town Council
On agenda:Final action:10/17/2011
Title: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.
Attachments:ORD 2011-38 Schedule of Fees.pdf
Action ByDate Action ResultVer.
TITLE
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 Council Page 54 of 89 Meeting Date: October 17, 2011
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-38
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES, ENTITLED
“ADMINISTRATION”, ARTICLE VIII, ENTITLED “SCHEDULE OF
FEES”, PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENTS 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,
REPEALING SUBSECTION “N” ENTITLED “INSPECTIONS” OF
SECTION 8.03 ENTITLED “COMMUNITY DEVELOPMENT
DEPARTMENT” AND ADOPTING A NEW SUBSECTION “N”
ENTITLED “OTHER INSPECTIONS AND FEES” OF SECTION 8.03
ENTITLED “COMMUNITY DEVELOPMENT DEPARTMENT”; AND
REPEALING SECTION 8.10 ENTITLED “MUNICIPAL COURT” IN ITS
ENTIRETY AND ADOPTING A NEW SECTION 8.10 ENTITLED
“MUNICIPAL COURT”; PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under
its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution; and
WHEREAS, Town staff has reviewed the fees that it charges for various services
and has determined that based upon the costs of providing those services, and in some
cases, based upon amounts charged the Town by third parties, some Town fees are in
need of adjustment; and
WHEREAS, Town staff is proposing changes to Town fees; and
WHEREAS, the Town Council has the authority via ordinance to establish
reasonable fees to cover the costs of services provided by the Town; and
WHEREAS, having reviewed the proposed cost adjustments, the Town Council
finds that the proposed fee adjustments are reasonable and necessary to pay the
administrative costs associated with providing services to the public; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Town Council Page 55 of 89 Meeting Date: October 17, 2011
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration”
of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.03 entitled
“Community Development Department”, Subsection C “Building (New
Construction Residential and Commercial)” is hereby amended to add
Subparagraph 1 entitled “Commercial Deposit” and Subparagraph 2 entitled
“Residential Deposit” under Subsection “C” entitled “Building (New Construction
Residential and Commercial)” and Subparagraph 1 and 2 shall be and read in their
entirety as follows with all other portions of Subsection “C” remaining the same:
“C. Building (New Construction Residential & Commercial)
1. Commercial Deposit.
A deposit equal to 35 percent (35%) of the permit cost shall be due at the
time of application. The deposit shall be deducted from the total permit fee
amount. The total permit fee amount is due at the time that the permit is
issued and picked up by the applicant, prior to the beginning of construction.
After notification that the permit is ready to be issued, Applicant has 90 days
in which to pick up and pay in full the permit. After 90 days the deposit is
forfeited and the permit and a new deposit shall be resubmitted for review.
Duplicative applications shall not receive credit for a forfeited deposit, but
shall be required to post a new deposit to cover costs of review of the new
application.
2. Residential Deposit.
For persons or entities filing multiple permit applications per year (hereinafter
“Repetitive Applicant”), a single deposit of Six Hundred Twenty-Five Dollars
($625) shall be held as security for completion of pending permit applications.
In the event that a Repetitive Applicant fails to pay the full cost of an approved
permit, the $625 deposit shall be forfeited to cover the costs of review of the
single family residential building permit. Upon forfeiture of a deposit by a
Repetitive Applicant, such applicant shall be required to post a new deposit
prior to submitting any additional residential building permits.”
2.02 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration” of
the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.03 entitled
“Community Development Department”, Subsection N “Inspections” is hereby
Town Council Page 56 of 89 Meeting Date: October 17, 2011
repealed and a new Subsection N entitled “Other Inspections and Fees” of Section 8.03
is hereby adopted so that Section 8.03(N) shall be and read in its entirety as follows:
2.03 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration”
of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.10 entitled
“Municipal Court”, is hereby repealed and a new Section 8.10 entitled “Municipal
Court” is hereby adopted and shall be and read in its entirety as follows:
SECTION 3.
SAVINGS AND REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal
any of the provisions of such Ordinances, whether such Ordinances are codified or
uncodified, except for those instances where there are direct conflicts with the
“N. Other Inspections and Fees:
Inspections outside of normal business hours
(Minimum charge ---- two hours)
$47.00 per hour (1)
Reinspection fees assessed under provisions of Section
305.8
$47.00 per hour (1)
Inspections for which no fee is specifically indicated
(Minimum charge ---- one-half hour)
$47.00 per hour (1)
Additional plan review required by changes, additions or
revisions to plans (Minimum charge ---- one-half hour)
$47.00 per hour (1)
For use of outside consultants for plan checking and
inspections, or both
Actual Costs (2)
Construction Inspector – Outside of Normal Town Business
Hours
$45.00 per hour (1)
Capital Reimbursement Fee 1% fee - capital
equipment replacement
(1) Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include
supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.
(2) Actual costs include administrative and overhead costs.”
“ Section 8.10 Municipal Court
Warrant Fee $50.00
Capias Fee $50.00
Transcription Fee $25.00
NSF Check Fee $25.00
Driving Safety Fee $9.90
Court Building Security Fee $3.00 – per violation as authorized by State law
Court Technology Fee $4.00 – per violation as authorized by State law
Credit Card processing Fee 5% or percentage charged by credit card company”
Town Council Page 57 of 89 Meeting Date: October 17, 2011
provisions of this Ordinance and where such other Ordinance(s) do not specifically state
that fees contained therein take precedence. 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 any such Ordinance on the date of adoption of this
Ordinance shall continue to be governed by the provisions of such Ordinance and for
that purpose the Ordinance shall remain in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter and by filing this
Ordinance in the Ordinance records of the Town.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect upon its passage and publication in accordance
with the law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 17th day of October, 2011.
___________________________________
Mayor Connie White
Town of Trophy Club, Texas
ATTEST: APPROVED AS TO FORM:
_______________________________ ___________________________________
Shannon DePrater, Town Secretary Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas Town of Trophy Club, Texas
[SEAL]
Town Council Page 58 of 89 Meeting Date: October 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-553-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/12/2011 Town Council
On agenda:Final action:10/17/2011
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"; providing for a penalty; and providing an effective date.
Attachments:ORD 2011-39 Overnight Parking.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"; 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). The attached amendment retains the one hundred fifty dollars ($150) permit fee but issues the permit,
instead, to a household, not to a vehicle. It also increases the annual renewal to seventy-five ($75). Further, the
amendment proposes 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.
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: Picturesque and Environmentally Sound
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 59 of 89 Meeting Date: October 17, 2011
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, the Town Council has determined it to be in the best interest of the
Town and its residents to revise the regulations governing 3:00 to 5:00 a.m. parking,
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.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Town Council Page 60 of 89 Meeting Date: October 17, 2011
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 vehicle 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 permits shall be displayed on the dashboard of any vehicle
registered at the address of the applicant so that the permit is plainly visible to a
person standing outside the vehicle.
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
Town Council Page 61 of 89 Meeting Date: October 17, 2011
($75.00) per permit. 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 vehicles, mechanical breakdown of
vehicles, 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 vehicles. Any vehicle 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 vehicle 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.
5. Vehicles Ineligible for Restricted Hours Parking Permit.
Parking permits issued to residences under this Section shall only be issued for
passenger vehicles and pick-up trucks with no more than ¾ ton carrying
capacity. “
Town Council Page 62 of 89 Meeting Date: October 17, 2011
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.
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,
Town Council Page 63 of 89 Meeting Date: October 17, 2011
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 17th day of October, 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 64 of 89 Meeting Date: October 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-554-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/12/2011 Town Council
On agenda:Final action:10/17/2011
Title: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.
Attachments:RES 2011-26 Amending Annual Appointments_WITH RECOMMENDATIONS.pdf
2011 ZBA Board Recommendation.pdf
2011 PZ Appointments - TC 101711.pdf
Action ByDate Action ResultVer.
TITLE
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.
EXPLANATION:
On September 26, 2011, the Town Council asked the Planning and Zoning Commission and Zoning Board of Adjustment
to review and reconsider the recommendations for appointments to these Boards. The Planning and Zoning Chairman,
Gene Hill, and the Zoning Board of Adjustment Chairman, Bob Downey, reviewed the applicants and will make their
recommendations.
The Parks and Recreation Board voted unanimously to remove Board Member Kohs due to excessive absences. The
Staff Liaison and the Board Chairman Lentzner made repeated attempts to contact Mr. Kohs over the last few weeks with
no response. We appreciate the time and effort Mr. Kohs has contributed to this Board and his volunteer work within our
community.
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
Town Council Page 65 of 89 Meeting Date: October 17, 2011
File #: 2011-554-T, Version: 1
Provide cost-effective services
Deliver responsible customer service
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Management recommends approval of this Resolution.
Town Council Page 66 of 89 Meeting Date: October 17, 2011
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2011-26
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2011-25
MAKING ANNUAL APPOINTMENTS OF CITIZENS TO SERVE ON
BOARDS, COMMISSIONS AND CORPORATIONS AND DESIGNATING
TOWN COUNCIL LIAISONS BY NAMING PERSONS APPOINTED TO
SERVE ON THE PLANNING AND ZONING COMMISSION, THE
ZONING BOARD OF ADJUSTMENT, AND THE PARKS AND
RECREATION BOARD; DESIGNATING TERMS OF SERVICE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens
involved in local government through service on Boards and Commissions; and
WHEREAS, the Trophy Club Town Council is charged with the responsibility of
making appointments to the Boards and Commissions serving the Town whose terms
are expiring and to replace members who have resigned; and
WHEREAS, on October 3, 2011, the Town Council approved Resolution No.
2011-25 appointing residents to serve on various Boards, Commissions and
Corporations and designating Town Council Liaisons to serve at the commencement of
FY 2011-2012 in those positions that were vacant and/or expiring; and
WHEREAS, at the October 3, 2011 meeting, all appointments were finalized
except those to the Planning and Zoning Commission and the Zoning Board of
Adjustment; and
WHEREAS, since the passage of Resolution No. 2011-25, a vacancy has arisen
on the Parks and Recreation Board; and
WHEREAS, by passage of this Resolution, the Town Council hereby amends
Resolution No. 2011-25 to complete the appointments to the Planning and Zoning
Commission and the Zoning Board of Adjustment and to fill a new vacancy on the Parks
and Recreation Board as specifically provided below:
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That Resolution No 2011-25 is hereby amended as specifically set
forth below.
Section 2. That the Town Council hereby appoints the following individuals to
serve on Boards and Commissions with respective terms of service ending on
September 30 of the year specified below for each individual:
Town Council Page 67 of 89 Meeting Date: October 17, 2011
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)
Section 3. That this Resolution shall become effective from and after its date of
passage in accordance with the law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, on this 17th day of October, 2011.
________________________________
Mayor Connie White
Town of Trophy Club, Texas
ATTEST: APPROVED AS TO FORM:
_______________________________ ________________________________
Shannon DePrater, Town Secretary Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas Town of Trophy Club, Texas
[SEAL]
Town Council Page 68 of 89 Meeting Date: October 17, 2011
Zoning Board of Adjustment Recommendation
Zoning Board of Adjustment – Summary
Two reappointments for regular positions
One new appointment for regular position
Three new appointments for alternate positions
Two reappointments for regular positions
Chairman Downey requests reappointment of himself and Kevin Barry for regular positions,
expiring September 2013. Chairman Downey is finishing out a term on the Ethics Commission;
that term will expire in 2014.
One new appointment for regular position
Chairman Downey recommends Patia Boomsma for a regular position, expiring September
2013.
Three new appointments for regular position
Chairman Downey recommends Danny Mayer for an alternate position, expiring September
2012.
Chairman Downey recommends Shali de Souza and Jarrod Tallman for alternate positions,
expiring September 2013.
Respectfully submitted,
Bob Downey, Chairman
Zoning Board of Adjustment
Town Council Page 69 of 89 Meeting Date: October 17, 2011
Mr. F. E. Hill
Trophy Club TX 76262-5543
e-mail:
Carolyn:
Concerning the applicants for 2011–2013 Planning and Zoning Commission terms, the
following are my recommendations for appointments and my current understanding of the
status of the other applicants.
Applicant Recommendation Status
Dale Forest Reappoint Current member
Gene Hill Reappoint “
Clayton Reed Reappoint “
Based on available information and understanding, the following applicants are not
recommended for appointment to the Commission at this time.
Danny R. Mayer – At the time of application, less than 1 year resident of Trophy
Club, interested in Zoning Board of Adjustment
Eric Unterwoldt – At the time of application, 10 months resident of Trophy Club,
Patia Boomsma – Currently Planning Administrator for Lewisville TX, 2 year
Trophy Club resident, reportedly being considered for Zoning Board of Adjustment
2011 appointment
Larry Mundy – 2011 appointee to EDC– 4B
Shali de Souza – At the time of application, 6 months resident of Trophy Club;
Reportedly being considered as alternate Zoning Board of Adjustment appointee
Jim Moss – Ineligible due to being an elected official in the Town of Trophy
Club (Municipal Utility District 1)
Town Council Page 70 of 89 Meeting Date: October 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-555-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/12/2011 Town Council
On agenda:Final action:10/17/2011
Title: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.
Attachments:Agmt for Animal Control Services.pdf
Action ByDate Action ResultVer.
TITLE
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.
EXPLANATION:
Trophy Club will be employing a part-time animal control officer this FY. This agreement is made in order to reduce the
amount of time an animal stays in the local shelter as well as ensure that any animal control specific duties not performed
by the local animal control officer can be handled by an outside vendor. These duties include being the local Rabies
Control Authority and assisting the Police Department with dangerous dog or animal cruelty investigations.
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
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Management recommends approval of this agreement.
Town Council Page 71 of 89 Meeting Date: October 17, 2011
AGREEMENT FOR ANIMAL CONTROL SERVICES
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into by Brian Hall, a private contractor, d/b/a Brian The Animal Guy (hereinafter
referred to as “Contractor”) and the Town of Trophy Club, Texas, a municipal
corporation, (hereinafter referred to as "Trophy Club" or the "Town").
RECITALS:
WHEREAS, Trophy Club is desirous of providing its residents and businesses
with animal control services, and
WHEREAS, Contractor is desirous of furnishing animal control services to
Trophy Club, and
WHEREAS, the parties hereto desire to enter into this Agreement to provide
animal control services at the highest level possible to Trophy Club in accordance with
the terms and conditions set forth herein, and
WHEREAS, all payments to be made hereunder shall be made from current
revenues available to the Town; and
WHEREAS, the parties have concluded that this Agreement fairly compensates
the performing party for the services being provided hereunder, and is in the best
interest of each party.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF
WHICH ARE HEREBY CONFIRMED, THE PARTIES HERETO AGREE TO THE
FOLLOWING:
Section 1. All matters stated above in the preamble are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
Section 2. Term: This Agreement shall be for a term of twelve (12) months,
commencing on October 1, 2011, and ending September 30, 2012, and may be
extended thereafter by mutual written consent of the parties hereto for an additional
term of twelve (12) months. Any extension of the term of this Agreement, including any
changes in the terms and conditions, shall require the approval of the governing body of
Trophy Club.
Section 3. Scope of Services: Contractor shall provide Trophy Club the following
equipment, services, personnel, and facilities more fully described below in Section 3
(a) – 3 (k), hereinafter collectively referred to as "Animal Control Services"):
Town Council Page 72 of 89 Meeting Date: October 17, 2011
a. Request for Animal Impound Services: Contractor upon being notified by
Trophy Club Police Department shall pick up any impounded animal that has
been held at the Trophy Club Shelter through Trophy Club’s three (3) day holding
period. Animal shall be transported to Contractor’s shelter by Contractor and
ownership of animal shall be transferred to Contractor.
If, by microchip or tag, the owner of an impounded animal can be identified, the
Contractor shall, as soon as practical, notify the owner either in person or by
telephone of the impoundment.
Once transferred, all adoptable animals shall be placed up for adoption.
Contractor’s adoption contracts and fees shall apply to all transferred animal.
Similarly, any animals claimed by owner after transfer shall pay impoundment
fees set by Contractor directly to Contractor. (SEE Subsection “k”. Schedule of
Fees below)
Contractor shall use the animal control facility located at:
6200 Mesa Butte Ct.
Roanoke, TX 76262
Phone (817) 401-1861
If Contractor desires to change animal control facilities, Contractor shall notify
Trophy Club at least forty-eight (48) hours prior to changing facilities.
b. Euthanasia Service Calls: Contractor shall provide field service calls to
humanely euthanize an animal when contacted. This includes skunks in live
traps. A wildlife removal fee shall only be assessed to residents who are not
using a Town-owned live trap.
c. Monthly Animal Control Reports: Contractor shall supply a monthly report to
the Town of Trophy Club no later than 4:00 p.m., the first Monday of every
month. The report shall summarize all animal control service activity within the
Town borders from the previous month. Information provided shall include, but is
not limited to: date and time of dispatch, type of event, action taken, any pending
action, impound numbers of animals, etc.
d. Owner Surrendered Pet Service: Contractor shall accept owner surrendered
pets for either adoption placement or humane euthanasia. Residents of Trophy
Club may contact Contractor directly to receive such services. Surrender fees
shall be paid by residents of Trophy Club and shall be paid directly to Contractor.
e. Dead Animal Pickup: Contractor shall provide removal of dead animals,
excluding livestock, within the corporate limits of Trophy Club upon request of the
Town.
Town Council Page 73 of 89 Meeting Date: October 17, 2011
f. Wild Animal Removal: Contractor shall remove snakes and other wildlife from
the homes or yards of Trophy Club residents . Applicable fees shall be paid by
Trophy Club residents to Contractor.
g. Education: Contractor shall provide information to Trophy Club residents on pet
responsibility, local animal control ordinances, rabies and coping with wildlife
issues. To the best of its ability, Contractor shall provide professional advice to
address animal related problems.
h. Rabies Control: Contractor shall serve as local Rabies Control Authority and
shall respond to animal bites, handle quarantine procedures at Contractor’s
shelter, and shipment of rabies specimens as necessary. Incident and or bite
reports shall be taken by Trophy Club’s Police Department.
i. Animal Cruelty Investigations: Contractor shall assist the Trophy Club Police
Department in the investigation of allegations of animal cruelty.
j. Dangerous or aggressive dogs: Contractor shall respond to dangerous or
aggressive dogs when requested by Police Department. Contractor shall such
animals transport directly to Contractor’s shelter.
k. Schedule of Fees: The following fees shall be billed directly by and paid directly
to Contractor:
Animal Impound Fee: $30 per day from animal owner.
Wildlife Removal Fee: $30 per visit, charged to the requesting resident. This
fee does not apply to animals caught in Town-owned traps.
Owner Surrender Fees: $40 per adult dog,
$30 per adult cat,
$30 per litter of young.
Section 4. Trophy Club's Obligations: Trophy Club shall pay Contractor a fee not to
exceed Two Hundred and Fifty and No/100 Dollars ($250.00) as full payment for all
Animal Control Services. Such payment shall be made on or before the tenth (10th) day
of each month. Town agrees and understands that the Schedule of Fees as set forth in
Section 3(k) above are the fees that Contractor shall be allowed to bill for services
rendered directly to the public.
Section 5. Revenues Retained: Trophy Club shall retain all fines, forfeitures, etc.
that may be generated as a result of ordinance enforcement within the Town's
boundary.
Town Council Page 74 of 89 Meeting Date: October 17, 2011
Section 6. Termination:
a. This Agreement may be terminated at any time, by either party; giving thirty (30)
days written notice to the other party to the addresses provided herein. In the
event of such termination by either party, Contractor shall be compensated for all
Animal Control Services performed to termination date, which shall be the date
thirty (30) days after the date of the notice of termination, together with any
undisputed payments then due and as authorized by this Agreement.
b. If Trophy Club fails to make payment to Contractor within thirty (30) days after
the date of billing for any invoiced amounts, Contractor, at his discretion, may
suspend service until payment is received or may terminate this Agreement by
giving proper notice. Trophy Club shall not receive credit for time which service is
suspended for payment. If it becomes necessary for Contractor to suspend
services to Trophy Club for non payment of the invoiced amounts Contractor
shall identify a date on which the services shall be suspended and shall notify the
Trophy Club liaison officer by telephone and in writing (to the Notice addresses
provided in this Agreement) of the date service shall be suspended.
c. Trophy Club's recourse for failure of Contractor to furnish Animal Control
Cervices under this Agreement shall be the right to make a proportionate
reduction in the fee to be paid (as determined by mutual agreement of the
parties) or terminate this Agreement by giving proper notice.
Section 7. Notices: All written notices shall be sent to the following parties by
certified mail-return receipt requested:
Brian Hall Scott Kniffen, Chief of Police
510 Santa Barbara Dr. Town of Trophy Club
Keller, TX 76248 100 Municipal Dr.
Trophy Club, TX 76262
Section 8. Dispute Resolution: In order to ensure an effective relationship between
the parties and to provide the best possible Animal Control Services, it is mutually
agreed that all questions arising under this Agreement shall be handled and resolved
between the Police Chief of Trophy Club and the Contractor.
Section 9. Jurisdiction: By this Agreement, Trophy Club grants full and complete
authorization and jurisdiction to Contractor for all animal control services provided by
Contractor as contained in this Agreement. Said jurisdiction shall apply to the town limits
of Trophy Club.
Section 10. Venue: Venue for any legal dispute arising pursuant to this Agreement
shall be in Denton County, Texas.
Town Council Page 75 of 89 Meeting Date: October 17, 2011
Section 11. Supervision: At all times during the term of this Agreement, animal
control officers and employees that work for Contractor shall be under the supervision
and control of a duly authorized representative of Contractor. This does not apply to
any ACO employed by Trophy Club.
Section l2. Performance: Both parties mutually agree that Contractor is an
independent contractor, and shall have exclusive control of performance hereunder,
and that employees of Contractor in no way are to be considered employees of Trophy
Club.
Section 13. Indemnification: Contractor shall hold harmless, release, defend and
indemnify the Town of Trophy Club and its officers, agents, and employees, for any and
all claims for damages, personal injury and/or death asserted against Trophy Club
arising from or related to Contractor negligence or its performance hereunder, save and
except intentional acts of gross negligence by Trophy Club. The foregoing
notwithstanding, the parties hereto reserve the right to all available legal defenses and
all protections and limitations of liability provided by the Texas Tort Claims Act and the
Texas Constitution relative to these parties. The provisions of this indemnification are
solely for the benefit of the parties hereto and not intended to create or grant any rights,
contractual or otherwise, to any third party or entity.
Section 14. Insurance: Contractor shall procure and maintain, at all times during the
term and all renewals of this Agreement, a minimum, $300,000 liability insurance policy
providing coverage against any and all claims for personal injury, including without
limitation, death, or property damage arising out of acts, errors, or omissions of
Contractor, its officers, employees, or agents performing Animal Control Services under
or pursuant to this Agreement, and shall name the Town of Trophy Club, its officers,
agents, and employees as additional insured under such policy. Contractor shall cause
the insurance carrier to prepare and deliver to the Town a Certificate of Insurance
evidencing such coverage.
IN WITNESS WHEREOF, we have hereunto set our hands this 17th day of
October, 2011, in duplicate originals.
CONTRACTOR TOWN OF TROPHY CLUB, TEXAS
BRIAN HALL, D/B/A
BRIAN THE ANIMAL GUY
______________________ ____________________________
By: Brian Hall, Owner By: Connie White, Mayor
ATTEST: ATTEST:
______________________ ____________________________
By: By: Shannon DePrater, Town Secretary
Witness
Town Council Page 76 of 89 Meeting Date: October 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-556-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/12/2011 Town Council
On agenda:Final action:10/17/2011
Title:Consider and take appropriate action regarding the regularly scheduled Town Council meetings for
the months of November and December.
Attachments:Calendar.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the regularly scheduled Town Council meetings for the months of
November and December.
Town Council Page 77 of 89 Meeting Date: October 17, 2011
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Meeting Date: October 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-557-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/12/2011 Town Council
On agenda:Final action:10/17/2011
Title:Consider and take appropriate action regarding financial and variance report for September 2011
(Preliminary).
Attachments:September 2011 Financials.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding financial and variance report for September 2011 (Preliminary).
Town Council Page 80 of 89 Meeting Date: October 17, 2011
Amended September Year-to-
Budget Budget 2011 Date Y-T-D Y-T-D
FY 2010-11 FY 2010-11 Actual Actual Variance % of Budget
REVENUE
PROPERTY TAXES 3,423,998$ 3,423,998$ 4,779$ 3,441,894$ 17,896$ 100.5%
SALES TAX 517,450 517,450 - 440,357 (77,093) 85.1%
FRANCHISE FEES 565,200 565,200 6,775 530,380 (34,820) 93.8%
BUILDING PERMITS 504,000 504,000 65,266 664,176 160,176 131.8%
DEVELOPER FEES 50,000 81,766 - 160,542 78,776 196.3%
MUD SERVICE CONTRACT 228,076 228,076 228,076 228,076 - 100.0%
EMS & MUNICIPAL COURT 300,633 300,633 32,253 318,566 17,933 106.0%
TRANSFERS & OTHER REVENUE 384,442 384,442 26,210 363,127 (21,315) 94.5%
RECREATION PROGRAMS 181,300 181,300 1,891 202,636 21,336 111.8%
TOTAL REVENUE 6,155,099 6,186,865 365,251 6,349,753 162,888 102.6%
EXPENDITURES
MANAGER'S OFFICE 546,417 546,585 56,117 541,378 (5,207) 99.0%
POLICE 1,468,489 1,499,755 169,959 1,418,100 (81,655) 94.6%
EMS 676,891 676,891 80,931 680,822 3,931 100.6%
STREETS 398,446 398,446 40,051 390,884 (7,562) 98.1%
PARKS 912,577 953,454 79,970 927,548 (25,906) 97.3%
RECREATION 615,088 609,843 97,320 578,252 (31,591) 94.8%
PLANNING & ZONING 144,694 144,694 24,126 145,637 943 100.7%
COMMUNITY DEVELOPMENT 191,206 191,206 17,698 188,182 (3,024) 98.4%
COURT 79,751 79,751 9,213 78,399 (1,352) 98.3%
LEGAL 154,818 154,818 15,263 144,132 (10,686) 93.1%
FINANCE 390,915 390,915 29,874 357,317 (33,598) 91.4%
INFORMATION SYSTEMS 296,337 296,337 26,852 286,330 (10,007) 96.6%
HUMAN RESOURCES 81,752 81,752 11,487 88,470 6,718 108.2%
FACILITIES MANAGEMENT 77,580 77,580 2,402 76,484 (1,096) 98.6%
TOTAL EXPENDITURES 6,034,961 6,102,027 661,260 5,901,934 (200,093) 96.7%
EXCESS/(DEFICIT)120,138$ 84,838$ (296,010)$ 447,818$ 5.9%
CURRENT FISCAL YEAR, 2010-11
September 2011
GENERAL FUND
12/12 Months (100% of Fiscal Year)
Town Council Page 81 of 89 Meeting Date: October 17, 2011
GENERAL FUND
September 2011
12/12 Months (100% 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 - As required by the Government Accounting Standards Board, sales tax is reported for the
month it is collected by the vendor. September, 2011 collections are remitted to the Town in November,
2011. Receipts are reported on a two month lag, therefore September, 2011 revenues reflect only ten months
(83.3% of fiscal year) of sales tax collections for the current fiscal year to date.
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 and the annual payment from Tri-
County Electric.
Developer Fees – Developer agreements include charges (fees) to cover the cost of inspection associated
with project infrastructure. Actual fiscal year-to-date receipts include development fees for The Highlands
Neighborhoods 1, 5, and 6.
MUD Service Contract – The employee service agreement between the Town and MUD1 included
payment in two separate installments, October 2010 and March 2011. The current year to date revenue
reflects the October 2010 and March 2011 installment.
EXPENDITURES
Any existing outstanding expenditures for fiscal year 2011 will be subsequently recorded.
Town Council Page 82 of 89 Meeting Date: October 17, 2011
Amended September Year-to-
Budget Budget 2011 Date Y-T-D Y-T-D
FY 2010-11 FY 2010-11 Actual Actual Variance % of Budget
REVENUE
PARK REVENUE 126,000$ 126,000$ 10,713 114,023 (11,977)$ 90.5%
TOTAL RESOURCES 126,000 126,000 10,713 114,023 (11,977) 90.5%
EXPENDITURES
TROPHY CLUB PARK 126,000 126,000 9,339 111,750 (14,250) 88.7%
TOTAL EXPENDITURES 126,000 126,000 9,339 111,750 (14,250) 88.7%
EXCESS/(DEFICIT)-$ -$ 1,373 2,272$
TROPHY CLUB PARK FUND
CURRENT FISCAL YEAR, 2010-11
September 2011
12/12 Months (100% of Fiscal Year)
Town Council Page 83 of 89 Meeting Date: October 17, 2011
TROPHY CLUB PARK FUND
September 2011
12/12 Months (100% of Fiscal Year)
REVENUES
Park Revenue – Trophy Club Park revenues exceeded expenditures.
Town Council Page 84 of 89 Meeting Date: October 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-558-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/12/2011 Town Council
On agenda:Final action:10/17/2011
Title:Town Council Liaison Updates; discussion of same:
- October 11, 2011 - Parks & Recreation Board Meeting - Council member Tiffany
Attachments:
Action ByDate Action ResultVer.
TITLE
Town Council Liaison Updates; discussion of same:
- October 11, 2011 - Parks & Recreation Board Meeting - Council member Tiffany
Town Council Page 85 of 89 Meeting Date: October 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-559-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/12/2011 Town Council
On agenda:Final action:
Title:Town Manager Slye's update regarding the following; discussion of the same.
- Community Clean Up Event - Saturday, October 22
- Storm Drainage Fee Update
Attachments:
Action ByDate Action ResultVer.
TITLE
Town Manager Slye's update regarding the following; discussion of the same.
- Community Clean Up Event - Saturday, October 22
- Storm Drainage Fee Update
Town Council Page 86 of 89 Meeting Date: October 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-560-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/12/2011 Town Council
On agenda:Final action:10/17/2011
Title: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
Attachments:
Action ByDate Action ResultVer.
TITLE
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
Town Council Page 87 of 89 Meeting Date: October 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-561-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/12/2011 Town Council
On agenda:Final action:10/17/2011
Title:Items for Future Agendas.
Attachments:Future Agenda Items List.pdf
Action ByDate Action ResultVer.
TITLE
Items for Future Agendas.
Town Council Page 88 of 89 Meeting Date: October 17, 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 89 of 89 Meeting Date: October 17, 2011