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Agenda Packet TC 08/11/2015Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:00 PMTuesday, August 11, 2015 A quorum of the Town Council will be present at the Svore Building, 100 Municipal Drive, Trophy Club, Texas 76262 on Tuesday, August 11, 2015, at 7:00 p.m. The Mayor or Mayor Pro Tem will preside over the meeting and will be present at the Svore Building. One or more members of the Town Council will participate remotely using video conferencing pursuant to Chapter 552 of the Texas Government Code. Two-way audio and video communication will be provided and members of the public may speak. CALL TO ORDER AND ANNOUNCE A QUORUM INVOCATION PLEDGES Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to four (4) 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. 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. 1.2015-0502-T Consider and take appropriate action regarding the Minutes dated July 14, 2015. Draft TC Minutes July 14, 2015.pdfAttachments: Town Council Page 1 of 314 Meeting Date: August 11, 2015 August 11, 2015Town Council Meeting Agenda 2.2015-0503-T Consider and take appropriate action regarding financial and variance report dated June 2015. June Financial Report FY 2015.pdf General Fund Budget Report.pdf Attachments: 3.2015-0504-T Consider and take appropriate action regarding the Third Quarter Investment Report for Fiscal Year 2015. Staff Report - 3rd QTR Investment Reports.pdf 3rd QTR 2015 Inv Report.pdf Attachments: 4.2015-0512-T Consider and take appropriate action regarding a Resolution of the Town Council approving and authorizing a project of the Trophy Club Economic Development Corporation 4B to purchase land for authorized purposes (First Reading). Staff Report - EDC 4B Project - 1st Reading.pdf RES 2015-12 - EDC 4B Project.pdf Attachments: 5.2015-0516-T Consider and take appropriate action regarding a Resolution relating to the Giving of Notice of Intention to Amend Ordinance No. 2014-08 issuing Town of Trophy Club, Texas Combination Tax and Revenue Certificates of Obligation, Series 2014; and providing an effective date. Staff Report - Notice of Intent - 2014 CO.pdf RESO 2015-11 - Notice of Intent - Amendment to CO Ordinance.pdf Attachments: 6.2015-0522-T Consider and take appropriate action to approve a Dual Obligee Rider and General Purpose Rider identifying Trophy Club Municipal Utility District No. 1 as a Dual Obligee on the Maintenance Bond for the construction of public improvements for Waters Edge at Hogan’s Glenn, Phase III Subdivision. Staff Report - Dual Obligee Rider for Maintenance Bond.pdf THB Construction - Town of Trophy Club Riders.pdf Attachments: PUBLIC HEARING 7.2015-0505-T Conduct a Public Hearing regarding the Trophy Club Crime Control and Prevention District (CCPD) Budget for Fiscal Year 2015-2016 submitted to the Town Council by the CCPD Board. 8.2015-0506-T Conduct a Public Hearing regarding a request for a Conditional Use Permit for a Wastewater Treatment Facility on 10.58 acres located in the Mary Medlin Survey, Abstract 832 on Junction Way; Applicant: Trophy Club Municipal Utility District, Case CUP-15-005. Staff Report - CUP for MUD.pdf Exhibit A - Application and Site Plan.pdf Exhibit B - Zoning Exhibit.pdf Exhibit C - Government Use District Regulations.pdf Exhibit D - Location and Zoning Maps.pdf Exhibit E - Correspondence Received.pdf Attachments: Town Council Page 2 of 314 Meeting Date: August 11, 2015 August 11, 2015Town Council Meeting Agenda REGULAR SESSION 9.2015-0521-T Receive an update from GSBS regarding the Police and Town Hall facility; discuss and take appropriate action regarding update, facility, timeline, project schedule, cost and financing. 10.2015-0508-T Receive public input regarding the Police and Town Hall facility; discussion of same. 11.2015-0510-T Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club, Texas, calling a Bond Election to be held on November 3, 2015 within the Town for the issuance of General Obligations Bonds for a Joint Police and Town Hall Facility, making provisions for the conduct of the election and other provisions relating thereto; and providing an effective date. Staff Report - GO Bond Election.pdf ORD 2015-16 Calling Bond Election.pdf Attachments: 12.2015-0511-T Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and calling a Special Election to be held on November 3, 2015 for the purpose of submitting to the resident qualified voters of the Town two (2) propositions to amend the Home Rule Charter of the Town; adopting provisions relative to the conduct of the election and the canvassing of election results; and providing an effective date. Staff Report - Special Election.pdf Ordinance No. 2015-17 - Calling Special Election.pdf Attachments: 13.2015-0507-T Consider and take appropriate action regarding an Ordinance of the Town approving a Conditional Use Permit for a Wastewater Treatment Plant Facility located on an approximate 10.58 acre tract in the Mary Medlin Survey, Abstract 832, and zoned Government Use (gu); providing conditions applicable to the use; providing a penalty not to exceed $2000 for each violation; and providing an effective date. 14.2015-0520-T Consider and take appropriate action regarding a Preliminary Plat of Trophy Club Municipal Utility District Wastewater Treatment Facility, Trophy Club, Texas, including consideration and action on related waivers to the Town’s Subdivision Regulations as requested by the applicant. Staff Report - MUD Preliminary Plat.pdf Exhibit A - Preliminary Plat.pdf Exhibit B - Description of Waiver Requests.pdf Exhibit C - Location Map.pdf Exhibit D - USACE Letter dated December 3, 2014.pdf Attachments: Town Council Page 3 of 314 Meeting Date: August 11, 2015 August 11, 2015Town Council Meeting Agenda 15.2015-0513-T Consider and take appropriate action regarding an Ordinance of the Town amending Article II, entitled “Traffic And Vehicles” of Chapter 10, entitled “Public Safety”, Section 2.03, “Traffic Control Devices”, of the Code of Ordinances, by adding Subsection C(2) (a)(iii) restricting U-Turns along Parkview Drive between Park Lane and the entrance to the Trophy Club Community Pool parking lot during posted school hours, and by amending Section 2.05, entitled “Parking”, Subsection B(1)(g) and B(1)(h) to designate no parking zones on the east and west sides of Parkview Drive at designated locations and school times; providing a penalty not to exceed $500 for each violation; and providing an effective date. Staff Report - Parking on Parkview and U-turn.pdf ORD 2015-18 Amending Parking on Parkview.pdf Parkview Parking Exhibit.pdf Attachments: 16.2015-0514-T Discuss and receive update regarding Fiscal Year 2016 Budget. 17.2015-0515-T Consider and take appropriate action regarding a record vote on a not-to-exceed Fiscal Year 2016 Ad Valorem Tax Rate and to schedule two public hearings to meet Truth in Taxation requirements and/or as required by the Charter and related matters. Staff Report - FY 16 Tax Rate Discussion.pdf Town of Trophy Club Tax Rate Calculations.pdf Notice of Proposed Tax Rate (Draft).pdf Attachments: 18.2015-0518-T Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *Trophy Club Park *Economic Development *Freedom Park Signage 19.2015-0519-T Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for August 25, 2015 meeting and discussion of Future Agenda Items. August 25, 2015 Upcoming Agenda.pdf Items for Future Agendas updated 8-4-2015.pdf Attachments: 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 314 Meeting Date: August 11, 2015 August 11, 2015Town 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 August 6, 2015, by 6:00 p.m. in accordance with Chapter 551, Texas Government Code. Holly Fimbres Town Secretary/RMO 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 ______________________, 2015. ________________________________, Title: ___________________________ Town Council Page 5 of 314 Meeting Date: August 11, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0502-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:8/2/2015 Town Council On agenda:Final action:8/11/2015 Title:Consider and take appropriate action regarding the Minutes dated July 14, 2015. Attachments:Draft TC Minutes July 14, 2015.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the Minutes dated July 14, 2015. Town Council Page 6 of 314 Meeting Date: August 11, 2015 DR A F T MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, July 14, 2015 at 6:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, July 14, 2015. 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: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place 5 Jim Parrow Council Member, Place 1 Rhylan Rowe Council Member, Place 3 Tim Kurtz Council Member, Place 4 Philip Shoffner Council Member, Place 6 TOWN COUNCIL MEMBERS ABSENT: Garrett Reed Council Member, Place 2 STAFF AND GUEST(S) PRESENT: Stephen Seidel Town Manager Patricia Adams Town Attorney Steven Glickman Assistant Town Manager/CFO Holly Fimbres Town Secretary/RMO Adam Adams Parks and Recreation Director Patrick Arata Police Chief Pat Cooke Development Services Manager April Reiling PIO/Marketing Manager Mayor Sanders announced the date of Tuesday, July 14, 2015, called the Town Council to order and announced a quorum at 6:00 p.m. The Invocation was offered by Council Member Parrow. The Pledges were led by Mayor Pro Tem Lamont. (Town Secretary Note: The agenda items were presented in the following order: Citizen Presentations; Consent Agenda; Item No. 10; Item No. 8; Item No. 9; Item No. 11; Item No. 12; Item No. 13; Item No. 14; Item No. 16; Item No. 17; Item No. 15; Item No. 18; Item No. 19; Item No. 20; Item No. 21; Item No. 22; Item No. 23; and Item No. 24) 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 four (4) minutes or the time limit determined by the Town Council Minutes July 14, 2015 Page 1 of 159Town Council Page 7 of 314 Meeting Date: August 11, 2015 DR A F T 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. There were no citizen presentations. 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. 1. Consider and take appropriate action regarding the Minutes dated June 9, 2015. (Town Secretary Note: Approved as presented in the Town Council agenda packet) 2. Consider and take appropriate action regarding the Consumer Confidence Report for the PID. 3. Consider and take appropriate action regarding a Non-Exclusive Use Agreement between the Town and TCR Youth Baseball Association. Attachment A – Partially Executed – Non-Exclusive Use Agreement with TCR Youth Baseball Association 4. Consider and take appropriate action regarding an Interlocal Agreement between the Town and Westlake for installation of illuminated street signs; authorizing the Mayor or his designee to execute all necessary documents. Attachment B – Partially Executed – Interlocal Agreement for Installation of Illuminated Signs with Westlake 5. Consider and take appropriate action regarding an Interlocal Agreement for Ad Valorem Tax Collection between the Town and Denton County for Tax Year 2015; and authorizing the Mayor or his designee to execute all necessary documents. Attachment C – Partially Executed – Interlocal Cooperation Agreement for Ad Valorem Tax Collection with Denton County 6. Consider and take appropriate action regarding an Interlocal Agreement for Assessment Collection between the Town and Denton County for the Trophy Club Public Improvement District No. 1 for 2015 (Infrastructure Assessment); and authorizing the Mayor or his designee to execute all necessary documents. Attachment D – Partially Executed – Interlocal Cooperation Agreement for Assessment Collection with Denton County for the TC PID No. 1 (Infrastructure Assessment) 7. Consider and take appropriate action regarding an Interlocal Agreement for Assessment Collection between the Town and Denton County for the Trophy Club Public Improvement District No. 1 for 2015 (Emergency Services Assessment - Fire Service); and authorizing the Mayor or his designee to execute all necessary documents. Attachment E – Partially Executed – Interlocal Cooperation Agreement for Assessment Collection with Denton County for the TC PID No. 1 (Emergency Services Assessment – Fire Service) Motion made by Council Member Parrow, seconded by Council Member Rowe, to approve the Consent Agenda Items 1 through 7. Motion passed unanimously. Town Council Minutes July 14, 2015 Page 2 of 159Town Council Page 8 of 314 Meeting Date: August 11, 2015 DR A F T REGULAR SESSION 8. Receive an update from GSBS regarding the Police and Town Hall facility; discuss and provide direction regarding update, facility, timeline and project schedule. Attachment F – GSBS Police Department and Town Hall Presentation Tom Batenhorst, GSBS Principal, provided an update regarding the Police and Town Hall facility, which included: Site Plan A1 and Site Plan A2. Council Member Rowe commented that he would like the site plan to reflect some type of equipment yard space close to where the water tower sits for future development. Mr. Batenhorst continued his presentation, which included an alternate Site Plan B if the Council wanted to consider future expansion, which would shift the Town Hall building east by approximately 20 feet and shift the same amount on the east end of the Police Department, as well as changes to the Floor Plan based on Councils feedback from the June 9, 2015, meeting. Mayor Pro Tem Lamont and Council Members Rowe and Shoffner supported the idea to shift the facility to allow for future expansion. Mayor Sanders noted that the marked dash lines within the Council Chambers are for a collapsible wall so that all the seating could be separated from the dais if needed for a meeting space. Council Member Parrow inquired about using a pocket door for wheel chair access on the ramp next to the dais. Mr. Batenhorst stated that a sliding door could be used that meets Code, then discussed the re-location of the Elected Official Office. Council Member Shoffner was not in favor of the new location for the Elected Official Office because he believed that the Police Reception area should not be separated from the secured Police Department space. Mr. Batenhorst stated that an option could be to place the Elected Official Office back in its original location, use opaque glass and have the door off the Police Lobby to allow for more privacy. He added that the overall plan is approximately 23,600 square feet. Additionally, he stated that the lightly illustrated walls could be a removable wall system to allow for flexibility in the future, and recommended that the Council consider using Do It Right This Time (DIRTT). Town Manager Seidel commented that this would give them the ability to be flexible in the future without significant construction cost. Mr. Batenhorst continued his presentation, discussing overhangs to shade the south windows, the use of Texas stone, architectural medal panels and brackets that hold the overhang. He displayed an optional exterior elevation drawing that reflected materials used at the Fire Department. He advised that he will present an update at the July 28, 2015, Council meeting to discuss the budget of the proposed facility. Council Member Parrow asked for Mr. Batenhorst to spend additional time on the second elevation drawing and have it look more like an office as opposed to an elementary school. Council Members Rowe, Kurtz, and Shoffner leaned towards using the first elevation drawing, and would like the facility to reflect the Trophy Wood development that is currently there. Town Council Minutes July 14, 2015 Page 3 of 159Town Council Page 9 of 314 Meeting Date: August 11, 2015 DR A F T Mayor Pro Tem Lamont stated that he has an issue with both elevations because the length is long which makes the roof appear flat. Mr. Batenhorst stated that it may help to do a study model to give a more accurate reflection in the roof forms. Town Manager Seidel relayed Council Member Reed’s communication to him, which was that he was not in favor of the second elevation but was in favor of the first elevation with the smaller windows on the south elevation. Mayor Sanders brought up a concept of adding a second story on the Town Hall side to allow for future expansion that would also drastically change the elevation. Mr. Batenhorst discussed requirements for a second story which would include fire protection, stairway, and possible installation of a heating and cooling system. Council Members Rowe and Kurtz commented that they would like to stay close to the budget as possible. Council Member Shoffner commented that he believes that it would be a good idea to discuss. Mayor Pro Tem Lamont requested that Mr. Batenhorst discuss with the Town Manager the ability to add two ambulance bays to the 4,000 square foot building next to the water tower. Council Member Rowe commented that he was in favor of carrying the road out to TW King to accommodate flexibility. Town Manager Seidel stated that he would visit with the Mayor and Mr. Batenhorst to discuss the additional acreage. Council Member Rowe commented that he would like to see an option for a future maintenance barn that would move the Animal Holding facility into the main facility. Mayor Sanders stated that the intent is to have a cost estimate available at the July 28, 2015, Council meeting, in order to be able to call the Bond Election on August 11, 2015. No action was taken on this item. 9. Receive public input and provide direction to Town Staff based on comments made by citizens regarding the Police and Town Hall facility; discussion of same. Chris Bailey, 201 Durango Drive, stated that the residents north of where the dumpster is located, would probably not appreciate the noise from when the trash is picked up. Mr. Batenhorst stated that is something that they will continue to study. Lynda Sanders, 7 Hayes Court, stated that she was excited to hear who was doing the layout and architecture of the facility because of their expertise. She added that her preference is to have a facility that looks like a municipal entity rather than a nursing home. No action was taken on this item. Town Council Minutes July 14, 2015 Page 4 of 159Town Council Page 10 of 314 Meeting Date: August 11, 2015 DR A F T 10. Consider and take appropriate action regarding an Ordinance providing for the Issuance of Town of Trophy Club, Texas, General Obligation Refunding Bonds, Series 2015; Awarding the Sale thereof; Levying a Tax in Payment thereof; Authorizing the Execution and Delivery of a Purchase Agreement, a Paying Agent/Registrar Agreement and an Escrow Agreement; and Enacting Provisions Incident and Relating to the subject and purposes of this Ordinance. Attachment G – Ordinance No. 2015-15 Motion: Motion made by Mayor Pro Tem Member Lamont, seconded by Council Member Parrow, to approve Ordinance No. 2015-15, providing for the Issuance of Town of Trophy Club, Texas, General Obligation Refunding Bonds, Series 2015; Awarding the Sale thereof; Levying a Tax in Payment thereof; Authorizing the Execution and Delivery of a Purchase Agreement, a Paying Agent/Registrar Agreement and an Escrow Agreement; and Enacting Provisions Incident and Relating to the subject and purposes of this Ordinance. Mayor Sanders stated that this item is for refinancing series of Town notes, which will save $218,561 in interest over the life of the bonds. Andrew Friedman, Managing Director with SAMCO Capital Markets, stated that they were very pleased with the bids, and that the Town has a great interest rate of 2.18 percent on a 10 year refinancing, and recommended the Council proceed with this refunding. Julie Partain, Counsel with Bracewell & Giuliani LLP, was present to address any questions. The vote was taken. Motion passed unanimously. 11. Receive report from the Fire/EMS Sub-Committee regarding review and analysis of EMS & Fire operations; discussion of same and provide direction on the Interlocal Agreement for Fire Department Personnel Services with the Trophy Club Municipal Utility District No. 1. Attachment H - Fire/EMS Consolidation Presentation Mayor Sanders noted that the TCMUD No. 1 Board has not seen the presentation, and that this item was not meant for much dialogue or questions. Louis Opipare, a citizen representative from the Fire/EMS Joint Sub-Committee, provided the Fire/EMS Consolidation presentation, which included: An Overview; Priorities; Options; Data Examined; General Observations; The Town Absorbs the Fire Service Financial Impact; The MUD Absorbs EMS Financial Impact; Restore and Enhance the Original Structure; General Conclusions; and Recommendations. Eric Jensen, a citizen representative from the Fire/EMS Joint Sub-Committee, provided his personal opinion regarding two items that he disagreed with from the presentation. He disagreed that it would make financial sense for the TCMUD No. 1 to absorb EMS because they are currently Town employees who pay into the Texas Municipal Retirement System (TMRS) and would have to convert to Texas County & District Retirement System (TCDRS), which would negatively impact recruiting staff from other cities. He disagreed with the chain of command and provided a brief background that the Sub-Committee initially agreed that the Fire Chief should report to the Town Manager, but now he cannot get consensus. He discussed items within the Interlocal Agreement regarding the Fire Chief being a Town employee and that there are two Standard Operation Procedures (SOP). Town Council Minutes July 14, 2015 Page 5 of 159Town Council Page 11 of 314 Meeting Date: August 11, 2015 DR A F T Mr. Opipare stated that Mr. Jensen is correct, that the Sub-Committee had started on the direction that the Fire Chief should report to the Town Manager. He believed that the TCMUD No. 1 should have input regarding policies and procedures because they are responsible for Fire Protection outside their jurisdiction. Mayor Pro Tem Lamont agreed that the Fire Chief should report to the Town Manager. Council Member Shoffner commented that he agreed that the Fire Department should not be operating under two SOP’s and that it should be changed to be the Fire Departments SOP’s. Mayor Sanders thanked Mr. Opipare and Mr. Jensen for the presentation, and stated that the Council would work with the TCMUD No. 1 to come to a conclusion after their presentation to the TCMUD No. 1 Board. No action was taken on this item. 12. Receive presentation from TCMUD No. 1 General Manager Jennifer McKnight regarding the rate change for the water and sewer fees for Fiscal Year 2016; discussion of same. TCMUD No. 1 General Manager Jennifer McKnight provided an update regarding the Water and Sewer Rate Study. She advised that the TCMUD No. 1 will hold a public hearing on July 21, 2015, at 6 p.m., regarding the proposed rates. She discussed the increased rates for both water and sewer base rates and volumetric rates, and she discussed the recovery of reserves expended for Fort Worth Regional Water Line and Water System Study. She added that the Town adopts the same rates as the TCMUD No. 1 for water and sewer, and that the Council will have to consider the annual Capital Improvements and Maintenance charge. Additionally, she welcomed citizens to email any comments to info@tcmud.org Mayor Sanders thanked Mrs. Knight for her presentation. No action was taken on this item. 13. Consider and take appropriate action regarding an Interlocal Agreement between the Town and Northwest Independent School District for: A. School Resource Officer services for Fiscal Year 2015-2016; and authorizing the Mayor or his designee to execute all necessary documents; and B. School Resource Officer/Absent Student Assistance Program for Fiscal Year 2015-2016; and authorizing the Mayor or his designee to execute all necessary documents. Attachment I - Partially Executed –Interlocal Agreement with NISD for School Resource Officer; and Attachment J – Partially Executed –Interlocal Agreement with NISD for School Resource Officer/Absent Student Assistance Program Mayor Sanders provided a brief overview of both Interlocal Agreements and their purpose. He added that the initial discussion for how the K-9 services could be funded and structured was through an ILA with the School District, which may allow services outside of the Town. He stated that there are funding aspects to consider, and discussed an alternative option to fund the K-9 services through Item No. 14, Budget Amendment No. 2, without it being a part of the ILA with the School District. Town Manager Seidel stated that there are several citizens passionate about this topic and advised that tonight is an opportunity for the Council to consider adding a program to the Police Department for K-9 services. He stated that Police Chief Arata has done a great amount of research for this program. Police Chief Arata introduced Denton County Sheriff William Travis, Denton County Chief of the Family Law Division Allison Sartin, and Bedford Police Officer Andrew Versocki. He stated that he and Police Staff have done a review on issues within the Town and how to begin resolving those issues, one being a narcotic issue within Town and around the schools. He reviewed different options for having a K-9 program, including a dual purpose canine Town Council Minutes July 14, 2015 Page 6 of 159Town Council Page 12 of 314 Meeting Date: August 11, 2015 DR A F T and the benefits it would have for the Town. He stated that this program is the best tool to prevent and detour the negative activities that the Town has today. Denton County Sheriff Travis thanked the Council for the opportunity to speak to them, and stated that their K-9 program has been very successful and has been in operation for about a year and a half. He strongly suggested that the Council approve the program, which will be a great asset to the Town. Police Chief Arata discussed the benefits that the K-9 program would make, including providing alerts if narcotics are detected, saves time locating hidden narcotics, and will be a deterrent for drugs at the schools. He recommended that the Town severe the K-9 service from the SRO ILA and to fund the program from the general fund in order to use the canine at the Towns discretion and still support the schools. Town Manager Seidel stated that Item No. 14, Budget Amendment No. 2, funds are allocated for a K-9 program, which is independent from the SRO ILA. He added that the Council has the option to approve the SRO ILA without K-9 services but then the Council could adopt the Budget Amendment to include the K-9 services program. Main Motion: Motion made by Council Member Shoffner, seconded by Council Member Kurtz, to approve the Interlocal Agreement for School Resource Officer with the removal of the K-9 Services, and to approve the Interlocal Agreement for School Resource Officer and Absent Student Assistance Program. Changes to the Interlocal Agreement with NISD for School Resource Officer: (Town Secretary Note: The strike through areas represents language that was removed based on the motion.) Caption Interlocal Agreement by and between The Town of Trophy Club, Texas and Northwest Independent School District for School Resource Officer and K-9 Services. Duties of School Resource Officer (Bullet Point No. 22) Works with Town K-9 Officer to provide K-9 services at District facilities. Funding/Consideration (First Paragraph) Funding for the School Resource Officer and K-9 services provided by Town shall be provided as follows: Funding/Consideration (Third Paragraph) In consideration of the services provided and cross promises hereunder, for the school year 2015-2016, the District shall pay the Town an amount not to exceed TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) for the maintenance of the K-9 Officer and services. Notwithstanding the contribution of funds from the District, the Town shall remain responsible for the balance of the funding required to provide K-9 services to District. The Town will also ensure that the District remains listed as an additional insured on any policy covering the officer’s activities and duties. Town Employee (First Sentence) The School Resource Officer and the K-9 Officer shall at all times remain employees of the Town subject to the personnel policies of the Town and General Manual of the Trophy Club Police Department. Motion to Amend: Motion to Amend made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to remove the K-9 Services from Item No. 13, and based on information that Police Chief Arata can provide regarding the costs to operate an independent K-9 service, move the program into the Budget under Item No. 14, in order to fund the program in a different way. Town Council Minutes July 14, 2015 Page 7 of 159Town Council Page 13 of 314 Meeting Date: August 11, 2015 DR A F T Council Member Parrow stated that he would like to satisfy the request of the citizens that were in support of the program, and that he supports the Police Chief and the K-9 Services program. Council Member Shoffner clarified that the Town has funding already available to start the program that is outside of the CCPD budget. Council Member Rowe advised that the Motion to Amend is congruent with the Main Motion regarding the removal of the K-9 Services. Additionally, he stated that for Item No. 17, he would like the ability to direct the Town Manager to include an item in the Fiscal Year 2016 Police Department Budget that would allocate $200,000 from the General Fund to establish a new Trophy Club Police Department Drug Mitigation Program, which would provide funding for any new or expanded aspect of drug enforcement within the Town. Withdrew Motion to Amend: Council Member Parrow and Mayor Pro Tem Lamont agreed to withdraw the Motion to Amend. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to table Item No. 13 and move to Item No. 14. Motion failed for lack of majority 2-4-0 with Mayor Pro Tem Lamont and Council Member Parrow voting for, and Mayor Sanders, and Council Members Rowe, Kurtz and Shoffner voting against. The vote for the Main Motion was taken. Motion passed unanimously. 14. Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2014-2015 Budget of the Town (Budget Amendment No. 2). Attachment K – Ordinance No. 2015-14 Motion: Motion made by Council Member Shoffner, seconded by Council Member Rowe, to approve Ordinance No. 2015- 14, Budget Amendment No. 2, amending the Fiscal Year 2014-2015 Budget of the Town. Council Member Shoffner stated that the Town has funding for the K-9 Service Program with secondary funding in the CCPD Budget for $25,000, and any unused funds could be applied for additional item(s). Mayor Pro Tem Lamont read a portion of the Staff Report “The unspent amount is approximately $27,000 and rather than repay NISD, they have agreed to allow the Town to use the funds on other items to benefit the schools and SRO program. The $27,000 is proposed to be used for a dual purpose K-9 and body cameras for the SRO’s”. The vote was taken. Motion passed unanimously. Mayor Sanders asked if anyone would like to speak regarding the items at hand and stated that he appreciated all the input from the citizens. (Town Secretary Note: Sandra Millet; Stephanie Baker; Kim Egan; John Lynch; Lisa Kaiser; Angie Glueck; Michelle Snell; Jennifer Winmill; Twyla Berry; Heather Waddle; Dena Boudreau; Meredith Garland; Candace Angelo; Scott Johnson; Kathy McKie; Skip McKie; Gregory Wilson; Marie Frank; Brian Brennan; Robin Conarty; Dean Murray; and Ursula Roberts filled out a Speaker Request form but did not wish to speak after all the discussion.) Police Chief Arata thanked the Council for approving the K-9 program. Town Council Minutes July 14, 2015 Page 8 of 159Town Council Page 14 of 314 Meeting Date: August 11, 2015 DR A F T Council Member Shoffner commented that he was skeptical when the program was first introduced but he did a large amount of research and heard from several citizens about issues at the schools. He stated that he has the greatest respect for the Police Chief and that he is making a difference within the Police Department, and that the Town is a much safer place because of him. Council Member Kurtz discussed the dangers of social media, and stated that Council strives to choose the best option for the entire comprehensive and long term approach to the issues at hand. Mayor Pro Tem Lamont commented that has been for the K-9 program since it was first introduced. Council Member Parrow stated that what encourages him is the turnout from the citizens to support the Police Chief and Police Department. 15. Discuss and provide direction to Town Staff regarding the Interlocal Agreement for Contractual Personnel Services with the Trophy Club Municipal Utility District No. 1. Town Manager Seidel stated that Town Staff and TCMUD No. 1 Staff have discussed the current Interlocal Agreement for Contractual Personnel Services, known as the SEMO contract. He added that some items are obsolete with some items remaining, which includes: Svore/Annex mowing; Information Technology Services for Fire; and Janitorial Services. He stated that the Town provides Community Development permitting and collections services and Human Resource services for the Fire Department employees for the TCMUD No. 1, and TCMUD No. 1 provides utility billing for Town solid waste and drainage. He stated that Town Staff would like to propose that the TCMUD No. 1 maintain regular maintenance of the Town’s Grinder Pump. He added that there are some items that are pending, which are: the mail sorting, front receptionist and phone calls, and phone system maintenance. Council Member Rowe stated that he would support the Town Manager’s recommendations to Council that is appropriate and that would simplify the process. No action was taken on this item. 16. Consider and take appropriate action regarding acceptance of the budget adopted by the Crime Control and Prevention District and ordering a public hearing August 11, 2015 on the budget to be held in accordance with state law. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to accept the Fiscal Year 2016 Crime Control and Prevention District Budget as presented and to set the public hearing for August 11, 2015. Motion passed unanimously. RECESSED AT 8:39 P.M. FOR A BREAK RECONVENED AT 8:49 P.M. INTO REGULAR SESSION 17. Receive presentation and provide direction to Town Staff regarding FY16 General Fund Expenditures and Supplemental Items; discussion of same. Assistant Town Manager/CFO Glickman provided the Fiscal Year General Fund Expenditures and Supplemental Items presentation, which included: Overview of Personnel, Services/Supplies, and Capital. Discussion took place regarding the proposed stipend of $750 per employee for EMS, and there was consensus to leave it as is for the full amount, and that the TCMUD No. 1 could reimburse the Town if they choose to do so. Town Council Minutes July 14, 2015 Page 9 of 159Town Council Page 15 of 314 Meeting Date: August 11, 2015 DR A F T Council Member Rowe stated that based upon the proposed twice a year point/performance base merit distribution there is potential for an employee to receive a four percent merit increase. He encouraged Town Staff to find a way to have employees who are higher performers, receive a higher percentage and for those who are not, to receive a lesser percentage. He added that he would like to see the tier evaluation again. Assistant Town Manager/CFO Glickman commented that if an employee is not meeting expectations then they would not receive a merit increase. Parks and Recreation Director Adams stated that there is only one unit on the NEOS designed for little children, and if it was moved to either Independence West or East, the school aged kids would probably use it. He stated that it is being poorly utilized at Harmony Park and they would most likely see an increased usage if it was moved to the baseball fields, which is near the school. Discussion took place regarding reviewing placing a toddler playground at Harmony Park. Town Manager Seidel stated that the current Comprehensive Plan is approximately 20 years old and stated that a current Plan is important because it gives an overview of what the Town’s vision is for the community, which is important for development purposes. He added that as the Town is reaching build out, the Plan will assist with how re-development will occur. Council Member Rowe agreed that there is a need for a Comprehensive Plan, but believed it may be better to find a way to have the first payment in Fiscal Year 2017 in order to allow for planning and finding a firm. Mayor Sanders commented to leave in the supplemental Firefighter/Paramedic position but he is not sure he completely supports it because he believes that the Town provides more frequent outside services to sister communities than they provide to the Town. Council Member Rowe stated that he would like to see the items for all services and supplies listed together and then list the department to the side of their services and supplies. Assistant Town Manager/CFO Glickman continued with Capital and Equipment Replacement and Supplemental Items. Council Member Shoffner commented that he would like the Organized Sports Council subcommittee to discuss Capital Replacement with Soccer, regarding replacement of the Harmony Park bleachers. He added that he would like to identify what all it would take to replace everything at the four fields and then the subcommittee can go over that with the Soccer Association. Council Member Rowe asked to evaluate extending all the slide runs because he has observed issues with all of them except one. Discussion took place regarding the monument signs at Harmony Park, Independence Park West, and the pool, along with an added monument sign at Freedom Park. Council Member Kurtz commented that he does not agree with the $50,000, but added that the proposed funds would fix the proposed signs structure and would include changing of the Town’s logo. Town Manager Seidel stated that the $50,000 is an upper limit placeholder and added that this requires skilled labor to do the masonry, add/repair electrical, and foundation repair. This would help dress up the Town’s entryways, and will be an investment that will last for an extended period of time. Council Members Rowe and Kurtz commented that they would pull the Pergola Shade Structure for the Bocce Ball Court. Town Council Minutes July 14, 2015 Page 10 of 159Town Council Page 16 of 314 Meeting Date: August 11, 2015 DR A F T Council Member Rowe commented that he would like to see a competing proposal that would be contracting with a managed IT vendor for the Intern/Part-Time Network Specialist that would provide network and desktop support to Town Employees. Additionally, he commented that he believes Public Safety items should not be in Supplemental Items. Assistant Town Manager/CFO Glickman continued his presentation, which included: Manager’s Office. Council and Town Manager Seidel discussed the Volunteer Appreciation Dinner, including possible dates. Assistant Town Manager/CFO Glickman continued his presentation, which included: Legal and Police. Council Member Rowe stated that he would like to see an item in the budget for Fiscal Year 2016 for the Police Chief to have sole discretion, with the Town Manager, over an allocation of $200,000, specifically for Police expenditures related to new or expanded activities for drug enforcement. He added that it would have stipulations that any program that is started or any purchases that has ongoing cost, once the $200,000 is exhausted, the items would have to be covered under the regular budget. Discussion took place regarding the options to allocation funds for multiple years, to allow the Police Chief to come up with a plan for funding each year, to have the amount of the $200,000 that is unused carry over to the next year, or to have a smaller amount reoccurring each year. Council Member Parrow commented that he would prefer that the Police Chief tell the Council the amount that he needs. Assistant Town Manager/CFO Glickman stated that the Council has the ability to assign fund balance or commit fund balance that would roll over into future years. He added that he will bring the item for the Council’s consideration to either assigning or committing $200,000 of the fund balance. He continued his presentation, which included: EMS; Streets; Medians; Parks; Recreation; Community Events; Planning and Zoning; Community Development; Finance; Municipal Court; Human Resources; Information Services; Facility Management; Expenditure Summary; and the Budget Summary. Mayor Sanders commented that Fire/EMS and Police Public Safety should be able to use hotel occupancy tax (HOT) funds, which is not what the law allows currently but the Council should make an effort to get to their Senators and Representatives so that in a couple of years something might be considered. Discussion took place regarding having another budget amendment at the end of the year for HOT funds to be applied to the 2015 fireworks. Town Manager Seidel stated that he is proposing to move forward with the engineering and design of Marshall Creek from Meadow Creek to the Round-About for next fiscal year. Discussion took place related to the Crime Control and Prevention District Board voting to fund $2 million for debt service at their last meeting, and that an Interlocal Agreement would not be executed until the debt was issued. No action was taken on this item. Town Council Minutes July 14, 2015 Page 11 of 159Town Council Page 17 of 314 Meeting Date: August 11, 2015 DR A F T 18. Consider and provide direction to Town Staff regarding an amendment to the Ordinance creating the Parks and Recreation Board to amend the number of seats on the Board and to allow the Town Council to select the Board's Chair. Mayor Sanders stated that he had communication with Parks and Recreation Board Chair Hayley Little and that from her perspective she would prefer reducing the members to nine, as opposed to reducing to seven members, and that the Board should be able to select the Chair. Council Member Shoffner stated that he would like to see the amount of members changed to seven members and allow Council to select the Chair because from his observation as the Parks and Recreation Board Council Liaison, he has seen a number of meetings where members are either late or absent. He added that if there were specific items that needed to be addressed, a sub-committee could be formed. Council Member Rowe supported the number of members to be changed to seven, and encouraged the Board to form an Ad Hoc Committee for any project(s) that are needed. Mayor Sanders asked to have the Ordinance amended and presented before Council for consideration in August, which will include amending the number of members from eleven to seven members, allow Council to appoint their Chair, and change the term from three years to two year terms. No action was taken on this item. 19. Discuss and provide direction to Town Staff regarding the 2008 Interlocal Cooperation Agreement for Fire Protection Services with the Trophy Club Municipal Utility District No. 1. Mayor Sanders stated that at a previous Council meeting, there was discussion that this agreement had wording that allowed the TCMUD No. 1 to service areas that were not in their district and outside of the Public Improvement District (PID). He advised that the TCMUD No. 1 has since then pointed out issues within the agreement which include: In the second Whereas, the word “employ”; Possibly add inspections to the duties under Section 2.01 (B); Section 3.01 (A), Budget, will need to be amended to be consistent to what is agreed upon as operating procedures; Section 3.01 (B) (2) does not identify areas outside of the PID; Section 3.01 (B) (4) needs to be addressed because it states “All funds that are not expended during the course of this agreement will be applied to the next year’s budget”, which appears that this is not being implemented; Section 3.01 (C), Payment, is not being followed and does not address delinquent charges; Section 5.01, Default/Termination, should have a Memorandum of Understanding that while this agreement is being modified, neither party can execute the aspect of calling a breach of its obligations. Discussion took place regarding delineating the areas of concern, and regarding delinquent charges within Section 3.01 (C), Payment. Mayor Pro Tem Lamont requested to seek Legal Advice regarding Item No. 19. EXECUTIVE SESSION 20. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: A Section 551.071(2) Consultation with Attorney to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: Legal Advice relative to Regular Agenda Item No. 19 Town Council Minutes July 14, 2015 Page 12 of 159Town Council Page 18 of 314 Meeting Date: August 11, 2015 DR A F T B. Section 551.074(a)(1) Personnel Matter. To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: Town Secretary/RMO, Holly Fimbres C. Texas Government Code Section 551.087 Deliberation Regarding Economic Development Negotiations to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town: Term Sheet Agreement for Incentive CONVENED INTO EXECUTIVE SESSION - START TIME –11:07 P.M. RECONVENED INTO REGULAR SESSION - START TIME – 12:14 A.M. RECONVENE INTO REGULAR SESSION 21. Consider and take appropriate action regarding the Executive Session. Agenda Item No. 20 (C): Motion made by Council Member Rowe, seconded to Mayor Pro Tem Lamont, to authorize the Town Manager to execute a Term Sheet for Economic Development prospect as discussed in Executive Session. Motion passed unanimously. Agenda Item No. 20 (B): Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to authorize the Mayor to sign a two year Employment Agreement with Town Secretary Holly Fimbres effective July 15, 2015, based on her performance review, expiration of six month trial period, and completion of the Texas Registered Municipal Clerk certification. Motion passed unanimously. 22. Town Council Liaison Updates; discussion of same. *Economic Development Corporation 4B, July 6, 2015 Council Liaison - Council Member Rhylan Rowe Provided update, no action taken, just discussion. 23. Town Manager Seidel's update regarding the following; Council discussion and provide input regarding same. • Lakeview Soccer • July 4th Celebration • Laserfiche • Pebble Beach • Holiday Inn Town Manager Seidel updated the Council and addressed questions; no action taken, update only. 24. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for July 28, 2015 meeting and discussion of Future Agenda Items, to include discussion of the below items from the Future Agenda list: 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. Town Council Minutes July 14, 2015 Page 13 of 159Town Council Page 19 of 314 Meeting Date: August 11, 2015 DR A F T 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. A. Consider and take appropriate action regarding parking on Parkview and Park Lane, and options for Police Department mitigation. (Rowe 9/9/2014) (1-Jan 13) (2-April-14) (3-July-14) B. Discussion of possible uses of hotel occupancy tax funds, including the ability to use the funds for Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1-July 14) Council Member Rowe advised that he spoke with Police Chief Arata and that the intent is to have the parking on Parkview and Park Lane item on the August 11, 2015, Council Agenda. Mayor Sanders stated that the July 28, 2015, Council Agenda will be focused on the new Police and Town Hall facility, proposed Charter Amendments, and Budget items. Therefore, the following items from the Town Council Future Agenda Items List would be delayed until August: Discussion and action related to town garage/special/estate/moving sales, etc.; Review of ordinance to allow golf carts but not including special vehicles; and Discussion of and take appropriate action regarding the Town involvement with the kickball organization for scheduling and establishing a body to represent the kickball players. Additionally, he stated that Agenda Item No. 24 (B) would be delayed until August. Discussion took place that Council Member Shoffner will not be able to attend the August 11, 2015, Council meeting but will participate remotely using video conferencing, and will be required to be remotely connected for the entire meeting. Therefore, Mayor Sanders asked to keep the August 11, 2015, Council Agenda limited to focus on calling the Bond Election and proposed Charter Amendments. ADJOURN Mayor Sanders adjourned the meeting at 12:37 a.m. ___________________________________ ___________________________________ Holly Fimbres, Town Secretary/RMO C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Minutes July 14, 2015 Page 14 of 159Town Council Page 20 of 314 Meeting Date: August 11, 2015 DR A F T ATTACHMENT A Partially Executed – Non-Exclusive Use Agreement with TCR Youth Baseball Association Town Council Minutes July 14, 2015 Page 15 of 159Town Council Page 21 of 314 Meeting Date: August 11, 2015 DR A F T THE STATE OF TEXAS § § COUNTY OF DENTON § NON-EXCLUSIVE USE AGREEMENT BY AND BETWEEN THE TOWN OF TROPHY CLUB AND THE TCR YOUTH BASEBALL ASSOCIATION THIS NON-EXCLUSIVE USE AGREEMENT is made and entered into by and between the TOWN OF TROPHY CLUB , TEXAS (hereinafter referred to as "TOWN "), acting by and through its Mayor or designee , and the TCR Youth Baseball Association (hereinafter referred to as ''TCRYBA"), acting by and through the President its Board of Directors , or designee , (hereinafter "Agreement"). WITNESS ETH: WHEREAS , the TOWN owns and maintains TOWN parks and sports facilities on Independence (hereinafter "Independence Park "); and WHEREAS , the TCRYBA is comprised of various youth baseball teams for baseball play ; and WHEREAS , the TCRYBA desires to use the TOWN parks and facilities as specifically identified herein below ; and WHEREAS , Capital improvement cost participation and other partnership opportunities shall be pursued and shared by Town and TCRYBA as expressly set forth in th is Agreement ; and WHEREAS , TCRYBA and TOWN agree that it serves their best interests to work with TOWN ; and WHEREAS, TCRYBA and TOWN agree that the properties and facilities identified herein shall be used by TCRYBA solely for the purpose of providing baseball use for the members of the TCRYBA ; and WHEREAS , the parties agree that this Agreement supersedes any and all prior written and/or oral agreements for use of Independence Park , and by execution of this Agreement , the parties agree and intend that this Agreement shall exclusively govern TCRYBA's use of Independence Park. NOW THEREFORE, FOR AND IN CONSIDERATION of the above and foregoing premises , the benefits flowing to each of the parties hereto , and other good and valuable consideration , TOWN and TCRYBA do hereby agree as follows : Town Council Minutes July 14, 2015 Page 16 of 159Town Council Page 22 of 314 Meeting Date: August 11, 2015 DR A F T I. INCORPORATION OF PREMISES I TERM 1.01 Incorporation of Premises. The foregoing premises to this Agreement are incorporated herein for all purposes as if set out herein verbatim. 1.02 Term. The term of this Agreement shall commence on February 1, 2016 and shall end on January 31 , 2017 , unless otherwise terminated as provided herein . After the initial term has expired , this contract will automatically renew for three (3) additional terms of one (1) year each , provided that such renewal is not contested by either party within sixty (60) days of the contract's expiration date. II. INDEPENDENCE PARK I CONSIDERATION 2.01 Independence Park. TOWN , under the terms and conditions provided herein , shall allow TCRYBA the non-exclusive use of Independence Park and facilities within the park as specifically identified in Exhibit "A", a copy of which is attached hereto and incorporated herein , for athletic and sporting events , to wit, baseball events . 2.02 Consideration. In addition to the fees otherwise provided herein , for the Spring , Season and the Fall Season (defined below), TCRYBA shall assess and collect a fee for each child who does not live within the corporate limits of the Town of Trophy Club or the City of Roanoke . Such fee shall be thirty dollars ($30.00) per child for each child who enrolls in the recreation division of the TCRYBA baseball program and forty dollars ($40 .00) per child for each child who enrolls in the select division of the TCRYBA baseball program . No later than the twenty-first (21 51 ) day after the commencement of regular season game play for the Spring Season and for the Fall Season , TCRYBA shall remit to Town all such fees collected and shall provide the written report required by Section 12.02 of this Agreement. In further consideration for the use of Independence Park, TCRYBA hereby agrees to provide a proposed use schedule (which specifically identifies complexes and fields to be used) to the TOWN at least seven (7) days before the commencement of each seasonal practice schedule and at least fifteen (15) days prior to each regular season game schedule . In the event of changes in the game and or practice schedule, TCRYBA shall provide TOWN with a written notice at least seventy-two (72) hours prior to the proposed change . Acceptance of the proposed changes shall be within the sole discretion of the Town ; provided however, that acceptance shall not be unreasonably withheld . 2015 Non-Exclusive Use Agreement with TCRYBA Page 2 of 16 Town Council Minutes July 14, 2015 Page 17 of 159Town Council Page 23 of 314 Meeting Date: August 11, 2015 DR A F T 111. USE SCHEDULING/REGISTRATION 3.01 Regular Season . The "Spring Season" shall run from the first week of February through the fourth week of June and the "Fall Season " shall run from the second week of August through the fourth week of November , and shall include tryouts , all practice and league games , tournaments and make-up games . 3.02 Tournaments. Upon thirty (30) days written notice and approval of proposed scheduling by TOWN , TCRYBA shall be allowed to schedule the Recreation All- Star Tournament for no cost during the Spring Season. For any additional tournaments, TCRYBA shall pay tournament fees as outlined in the applicable Schedule of Fees adopted by TOWN. 3.03 Scheduling. TOWN and TCRYBA agree that scheduling of additional games and practices on dates not contained in the TOWN approved schedule shall not be permitted unless these additional times are mutually agreed to in writing by the TOWN and TCRYBA, and if allowed , there shall be no additional cost to TCRYBA. Use of Independence Park shall be limited to the sports games and contests scheduled by TCRYBA , and TCRYBA shall provide written notice of scheduling to the Parks and Recreation Department in accordance with the time frames set forth in this Agreement. TCRYBA shall provide one point of contact for all scheduling of Independence Park. No TCRYBA tournaments and/or use of Independence Park by TCRYBA, other than that expressly provided for under a TOWN approved schedule, shall be allowed by the TOWN. Weather days, rain days , or suspension of play may require rescheduling of events. TCRYBA shall provide written notice of such rescheduling requests to the Parks and Recreation Department at least seventy-two (72) hours in advance of the proposed schedule change . The TOWN shall schedule one (1) day per week for each field on which TCRYBA will not be allowed use of at Independence Park for either practice or games . The proposed schedule shall be submitted to TCRYBA thirty (30) days prior to the commencement of regular season practice for both the Spring Season and for the Fall Season . The Town reserves the right to use any field or facility located at Independence Park for purposes other than baseball upon submitting the scheduled use to TCRYBA ninety (90) days prior to that use . 3.04 Registration. During the registration period for both the Spring Season and the Fall Season , TCRYBA shall provide priority registration for residents of the Town of Trophy Club and the City of Roanoke by establishing a minimum of a three (3) week period of time at the commencement of the registration period when only residents of Trophy Club and residents of Roanoke may register for the season . At the end of the priority registration period , registration shall also be opened to 2015 Non-Exclusive Use Agreement with TCRYBA Page 3 of 16 Town Council Minutes July 14, 2015 Page 18 of 159Town Council Page 24 of 314 Meeting Date: August 11, 2015 DR A F T residents of other communities . Additionally , in order for the TOWN to control field usage and to establish capacity limits for field usage , TCRYBA shall restrict the maximum number of participants allowed to register based upon the maximum number of weekly practice slots available . 2015 Non-Exclusive Use Agreement with TCRYBA Page 4 of 16 Town Council Minutes July 14, 2015 Page 19 of 159Town Council Page 25 of 314 Meeting Date: August 11, 2015 DR A F T IV. MAINTENANCE RESPONSIBILITIES 4 .01 TOWN Maintenance Responsibilities. TOWN shall be responsible for routine maintenance of Independence Park , including the following : 1. watering; 2. loose trash and debris removal on grounds and common areas ; 3. mowing ; 4. over-seeding (as needed/allowed); 5. fertilization ; 6. aerification ; 7. top dressing; 8. turf management 9. irrigation; 1 O. striping of game fields , for TC RYBA scheduled games and tournaments ; 11 . restrooms ; 12 . lighting ; and 13. other similar maintenance items . 4.02 Repairs. TOWN shall have the sole discretion to determine nature and timing of repairs and shall have the sole duty and responsibility for making repairs to all permanent improvements owned by the TOWN such as fencing , buildings , lighting , or other permanent structural improvements upon Independence Park . 4.03 TOWN Alterations. TOWN shall be permitted and shall have the right to make , at its own expense , all alterations or additions to all or any portion of Independence Parkas the TOWN determines appropriate in its sole discretion , notwithstanding any conflicting provision of this Agreement. 4.04 TCRYBA Maintenance and Other Responsibilities: TCRYBA shall be responsible for the following : A. Maintenance and Improvements Generally. Maintenance or improvements in addition to those provided by TOWN pursuant to this Section , shall be the responsibility of TCRYBA and shall only be allowed upon the prior written approval of TOWN . B. Field Maintenance : TCRYBA through their President or designee shall promptly notify the TOWN of all field maintenance requests , requests for additional services or the existence of unsafe conditions by providing written notice to the Park Superintendent and/or designee . 2015 Non-Exclusive Use Agreement with TCRYBA Page 5 of 16 Town Council Minutes July 14, 2015 Page 20 of 159Town Council Page 26 of 314 Meeting Date: August 11, 2015 DR A F T C. Bagged Trash: TCRYBA shall be responsible for emptying all trash receptacles and properly disposing of all bagged trash that accumulates at facilities utilized by TCRYBA during regular season game play . 4.05 TCRYBA Alterations. TCRYBA shall not move , alter or remove , in whole or in part , any improvement, fixed or movable , upon Independence Park , including without limitation bleachers , without first obtaining the express written permission of the TOWN and then only in the event that the move , alteration or removal will not subject such improvements or Independence Park to damage . Any such move , alteration or removal shall be at the sole expense of TCRYBA. 4.06 Council Updates. An officer of the TCRYBA Board shall attend a Town Council meeting and shall provide an update to the Town Council within thirty (30) days after the last day of regular season play for both the Fall Season and the Spring Season . 4.07 Ex-Officio Member. The Parks and Recreation Director or designee shall serve as an ex-officio member of the Board of Directors of the TCRYBA. TCRYBA shall email board meeting agendas to the Parks and Recreation Director or designee a minimum of seventy-two (72) hours prior to each such TCRYBA Board meeting . 4.08 Partnership Opportunities. TCRYBA shall diligently pursue any actions or opportunities that will reduce the maintenance and operational costs of both TCRYBA and TOWN , including without limitation , additional tournaments , capital improvement initiatives and other TOWN authorized activities . 4.09 Events. TOWN and TCRYBA agree and understand that there is a benefit in combining resources and participation in TOWN sponsored events. TCRYBA agrees to work with TOWN in the joint scheduling and promotion of TOWN events as practicable for both parties . v. Rules and Regulations I Closure/ Parking 5.01 TOWN Regulations . TCRYBA understands and agrees that its ' use of the Independence Park shall be allowed only in accordance with TOWN ordinances , guidelines and regulations , including without limitation the following: A. Athletic Facility Rainout Procedures: During questionable weather periods , field playability status will be posted on the TOWN 'S field conditions line by 12 :00 p.m . weekdays and by 7 :00 a.m . Saturdays , Sundays , and Holidays by TOWN'S Parks Superintendent and/or designee . Emergency contact numbers shall be distributed to TCRYBA designated officials prior to season start. The field conditions line shall be updated as soon as possible when field conditions change status . 2015 Non-Exclusive Use Agreement with TCRYBA Page 6of16 Town Council Minutes July 14, 2015 Page 21 of 159Town Council Page 27 of 314 Meeting Date: August 11, 2015 DR A F T B. Field Closure Policy and Procedure: TCRYBA shall cancel , delay or postpone any games , tournaments , practices , scrimmages , camps or other activities if severe weather conditions are present and/or when TOWN notifies TCRYBA that supplemental watering will be conducted. Notwithstanding the terms of this Agreement , TOWN , in its sole discretion , retains the right to close any or all of Independence Park that is the subject of this Agreement. The Park Superintendent and/or designee , at their sole discretion , may close Independence Park and suspend play at any time if, in TOWN 'S sole discretion , it is determined that continued use presents a risk of injury to persons or damage to Independence Park or the general health , safety or welfare of the public. In addition to the foregoing , all of a portion of Independence Park may be closed for repair , remodeling , overseeding or other maintenance. In the event of closure for such maintenance , TOWN shall timely notify TCRYBA officials in order to minimize the impact on scheduling as much as reasonably possible. TOWN also reserves the right to close all or a portion of Independence Park during operational hours , and if resources are ava ilable , TOWN may offer substitutions or alternatives for the use of Independence Park or offer replacement premises or facilities . 5.02 Parking: During the term of this Agreement , TOWN shall provide TCRYBA with access to and use of Independence Park east parking area . The repair and maintenance of such parking lot shall remain the sole responsibility of the TOWN . VI. TCRYBA USE OF TOWN PARK CONCESSION FACILITIES 6.01 Schedule. TCRYBA shall have the exclusive right to use the concession facilities at Independence Park during the term of this Agreement. 6.02 Subleasing Prohibited. TCRYBA shall utilize the concession facilities only for the purpose of vending and/or sale of concessions , food , beverages , or merchandise . TCRYBA is strictly prohibited from leasing or sub-leasing the concessions operation of any TOWN facility located on Independence Park without written permission from the Director of Parks and Recreation. 6.03 As-ls Condition. The TCRYBA shall take Independence Park on an "as-is " condition on the date of execution of this Agreement and there shall be no obligation by the TOWN to make any other improvements to the concession stands and/or any other Independence Park facilities . TCRYBA shall not make any improvements or structural changes to any TOWN concession facility without written permission by the Director of Parks and Recreation . VII. 2015 Non -Exclus ive Use Agreement with TCRYBA Page 7 of 16 Town Council Minutes July 14, 2015 Page 22 of 159Town Council Page 28 of 314 Meeting Date: August 11, 2015 DR A F T GENERAL REQUIREMENTS APPLICABLE TO TCRYBA USE OF TOWN PROPERTY 7.01 Immunity: Nothing in this Agreement , or in any exhibit or attachment hereto , shall be construed to affect, alter, or modify the immunity of either party under the Texas Civil Practice and Remedies Code §§101.001 et seq . It is expressly understood and agreed that in the execution of this Agreement, neither TOWN nor TCRYBA waives , nor shall be deemed to waive , any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions . 7.02. Insurance: During the term of this Agreement TCRYBA shall obtain and maintain, at its sole expense , general liability insurance with the minimum amounts of $1 ,000,000 Bodily Injury Liability and $1 ,000 ,000 Property Damage Liability while naming the TOWN of Trophy Club as an additional insured to protect against potential claims arising out of the TCRYBA's use of the Independence Park and the facilities. TCRYBA shall furnish TOWN with certificates of insurance evidencing its compliance with this Paragraph at least ten (10) days prior to the commencement of the term of this Agreement. Nothing contained herein shall be construed to grant any third party rights or as a waiver of any governmental and/or public purpose of the operation or use of all or a portion of Independence Park. 7.03 No Third Party Beneficiary: For purposes of this Agreement , including its intended operation and effect, the parties specifically agree and contract that: (1) the Agreement only affects matters/disputes between the parties to this Agreement , and is in no way intended by the parties to benefit or otherwise affect any third person or entity , notwithstanding the fact that such third person or entities may be in a contractual relationship with TOWN or TCRYBA or both ; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either TOWN or TCRYBA. This Agreement shall not create any third-party beneficiaries . 7.04 Notice: Each notice or other communication which may be or is required to be given under this Agreement shall be in writing and shall be deemed to have been properly given when delivered by e-mail or personally during the normal business hours of the party to whom such communication is directed, or upon receipt when sent by United States registered or certified mail, return receipt requested, postage prepaid , to the following addresses as may be designated by the appropriate party; however, each party has a right to designate a different address by giving the other party fifteen (15) days prior written notice of such designation: If to TC RYBA: John Watson 2015 Non-Exclusive Use Agreement with TCRYBA Page 8 of 16 Town Council Minutes July 14, 2015 Page 23 of 159Town Council Page 29 of 314 Meeting Date: August 11, 2015 DR A F T TCR Youth Baseball Association PO Box 1568 Roanoke , Texas 76262 2015 Non-Exclusive Use Agreement with TCRYBA Page 9of16 Town Council Minutes July 14, 2015 Page 24 of 159Town Council Page 30 of 314 Meeting Date: August 11, 2015 DR A F T If to TOWN : Adam Adams Director of Parks and Recreation Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 7.05 Claims Against Parties: Each party shall be responsible for defending and/or disposing of all causes arising against the respective party as a result of its use or occupation of Independence Park . It is expressly understood and agreed that in the execution of this Agreement , neither TOWN nor TCRYBA waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. 7.05 Entire Agreement: This Agreement contains the entire agreement of the parties hereto , and no other oral or written commitments shall have any force or effect if not contained herein . 7.06 Severability: In case any one (1) or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect , such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalidity , illegality or unenforceable provision had never been contain herein. 7.07 Authority: The undersigned officers and/or agents are authorized to execute this Agreement on behalf of the parties hereto , and each party hereto certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. 7.08 Defective Conditions. TCRYBA shall promptly report to TOWN any defects or dangerous conditions it discovers on or concerning Independence Park or other TOWN property , and shall cease any such use until such defect or condition is repaired or cured, provided TOWN shall not have an obligation to repair or cure any such defect of condition . VIII. TERMINATION 8.01 Termination for Cause. Upon the occurrence of any one or more of the following events, the Town in its sole discretion may elect to terminate this Agreement upon ten (10) days written notice of default to TC RYBA: A. The TCRYBA fails to maintain a simple majority of Board Members who reside in Trophy Club or Roanoke and neither the position of President , Vice- 2015 Non-Exclusive Use Agreement with TCRYBA Page 10of16 Town Council Minutes July 14, 2015 Page 25 of 159Town Council Page 31 of 314 Meeting Date: August 11, 2015 DR A F T President of Recreation , Treasurer nor the position of Secretary of TCRYBA is held by a resident of the Town of Trophy Club ; and B. TCRYBA fails to take action to appoint a Trophy Club resident to at least one (1) of the required positions set forth in subsection A within sixty (60) days after the date upon which none of the required positions are held by a Trophy Club resident. C. TCRYBA defaults by failing to timely remit payment to TOWN in accordance with the provisions of this Agreement or otherwise defaults upon any one or more of its obligations under this Agreement , and TCRYBA has failed to remedy such default within ten (10) days of the date of TOWN 'S written notice of default to TCRYBA. 8.02 Termination Without Cause. Either party may terminate this Agreement with or without cause, by giving sixty (60) days prior written notice of the date of termination to the other party . Upon termination , all permanent improvements shall remain the property of TOWN and all personal property shall remain the property of the party paying for such personal property. Removal of personal property or improvements shall be subject to the terms contained herein . However, all personal property and improvements remaining on Independence Park property for sixty (60) days after the date of termination of this Agreement shall become the personal property and improvements of the TOWN. IX. REMEDIES AND PENAL TIES 9.01 Remedies. No right or remedy granted or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted ; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties . Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 9.02 Penalties. In addition to all other rights and remedies of TOWN under the terms of this Agreement and Town Ordinance, as a penalty for violation of any of the terms or conditions of this Agreement or of a Town Ordinance when such violation results in damage to TOWN property or facilities, TCRYBA shall pay the actual cost of the repair of such damage plus a fifty dollar ($50.00) fee per hour for each TOWN staff person utilized to make the repair . Further, in addition to the foregoing penalty and all other remedies legally available to TOWN , in the event that participants , guests or spectators at a TCRYBA scheduled activity engage in any action or behavior, whether intentional or negligent, that causes or results in damage to TOWN property , TCRYBA shall pay the actual cost of the repair of such damage plus a fifty dollar ($50.00) fee per hour for each TOWN staff person utilized to make the repair. x. 2015 Non-Exclusive Use Agreement with TCRYBA Page 11 of 16 Town Council Minutes July 14, 2015 Page 26 of 159Town Council Page 32 of 314 Meeting Date: August 11, 2015 DR A F T APPLICABLE LAW This Agreement is governed by the laws of the State of Texas; exclusive venue for any action shall be in Denton County, Texas . XI. ASSIGNMENT TCRYBA shall not assign, sublet, subcontract or transfer all or a portion of its rights or obligations under this Agreement without the prior written approval of the TOWN . 2015 Non-Exclusive Use Agreement with TCRYBA Page 12of16 Town Council Minutes July 14, 2015 Page 27 of 159Town Council Page 33 of 314 Meeting Date: August 11, 2015 DR A F T XII. GENERAL REQUIREMENTS 12.01 Financials. TCRYBA shall provide financials to the Town on or before the last Monday in February for the previous Fall Season , and on or before the last Monday in August for the previous Spring Season. This requirement shall survive termination and/or expiration of this Agreement. 12.02 Reports. On or before the twenty-first (21st) day following the commencement of the Spring Season and the Fall Season , TCRYBA shall provide a written report identifying the total number of TCRYBA registered players , the city of residence for each such player, the associated age division for each such player, and the classification of the player as a member of a recreation team or a select team . 12.03 Board Members. On or before the twenty-first (21st) day following the commencement of the Spring Season and the Fall Season , TCRYBA shall provide a list of the names and city of residence for each TCRYBA board member. 12.04 Background Checks. TCRYBA shall require that each person volunteering to serve as a board member, head coach and/or an assistant coach , or in any other capacity pass a background check . Additionally , all adult umpires shall be required to successfully pass a background check . TCRYBA approved standards for successful completion of a background check shall be provided to TOWN , and any person failing to meet such standards shall not be allowed to volunteer, serve or otherwise work for TCRYBA in any manner or capacity . WITNESS: TCR YOUTH BASEBALL ASSOCIATION By : John Watson, President TCR Youth Baseball Association 2015 Non-Exclusive Use Agreement with TCRYBA Page 13of16 Town Council Minutes July 14, 2015 Page 28 of 159Town Council Page 34 of 314 Meeting Date: August 11, 2015 DR A F T ATTEST: TOWN OF TROPHY CLUB, TEXAS By : By: a?~ C . Nick Sanders, Mayor Town of Trophy Club, Texas Holly Fimbr , Town Secretary Town of Trophy Club , Texas APPROVED AS TO FORM: By ~~ Patricia A . Adams , Town Attorney Town of Trophy Club , Texas 2015 Non-Exclusive Use Agreement with TCRYBA Page 14 of 16 Town Council Minutes July 14, 2015 Page 29 of 159Town Council Page 35 of 314 Meeting Date: August 11, 2015 DR A F T ST ATE OF TEXAS § § COUNTY OF DENTON § ACKNOWLEDGMENTS instrument was acknowledged before me on the ~ day of --=-~~~---' 2015 by C. Nick Sanders, Mayor of the TOWN OF TROPHY , a home rule municipal corporation, on behalf of such corporation. ST ATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me on the day of ________ , 2015 by John Watson, President of the TCR YOUTH BASEBALL ASSOCIATION, a nonprofit corporation, on behalf of such corporation . 2015 Non-Exclusive Use Agreement with TC RYBA Notary Public in and for the State of Texas Page 15of16 Town Council Minutes July 14, 2015 Page 30 of 159Town Council Page 36 of 314 Meeting Date: August 11, 2015 DR A F T EXHIBIT "A" (TOWN FIELDS & FACILITIES TO BE USED BY TCRYBA) INDEPENDENCE PARK Field #1 Field #2 Field #3 Field #4 Field #5 Field #6 Field #7 Batting cages T-ball practice field Concession #1 Concession #2 Parking 2015 Non-Exclusive Use Agreement with TCRYBA Page 16of16 Town Council Minutes July 14, 2015 Page 31 of 159Town Council Page 37 of 314 Meeting Date: August 11, 2015 DR A F T ATTACHMENT B Partially Executed – Interlocal Agreement for Installation of Illuminated Signs with Westlake Town Council Minutes July 14, 2015 Page 32 of 159Town Council Page 38 of 314 Meeting Date: August 11, 2015 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 3 3 o f 1 5 9 T o w n C o u n c i l P a g e 3 9 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 3 4 o f 1 5 9 T o w n C o u n c i l P a g e 4 0 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 3 5 o f 1 5 9 T o w n C o u n c i l P a g e 4 1 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 3 6 o f 1 5 9 T o w n C o u n c i l P a g e 4 2 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 3 7 o f 1 5 9 T o w n C o u n c i l P a g e 4 3 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 3 8 o f 1 5 9 T o w n C o u n c i l P a g e 4 4 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 DR A F T ATTACHMENT C Partially Executed – Interlocal Cooperation Agreement for Ad Valorem Tax Collection with Denton County Town Council Minutes July 14, 2015 Page 39 of 159Town Council Page 45 of 314 Meeting Date: August 11, 2015 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 4 0 o f 1 5 9 T o w n C o u n c i l P a g e 4 6 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 4 1 o f 1 5 9 T o w n C o u n c i l P a g e 4 7 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 4 2 o f 1 5 9 T o w n C o u n c i l P a g e 4 8 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 4 3 o f 1 5 9 T o w n C o u n c i l P a g e 4 9 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 4 4 o f 1 5 9 T o w n C o u n c i l P a g e 5 0 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 4 5 o f 1 5 9 T o w n C o u n c i l P a g e 5 1 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 4 6 o f 1 5 9 T o w n C o u n c i l P a g e 5 2 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 4 7 o f 1 5 9 T o w n C o u n c i l P a g e 5 3 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 4 8 o f 1 5 9 T o w n C o u n c i l P a g e 5 4 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 4 9 o f 1 5 9 T o w n C o u n c i l P a g e 5 5 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 5 0 o f 1 5 9 T o w n C o u n c i l P a g e 5 6 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 5 1 o f 1 5 9 T o w n C o u n c i l P a g e 5 7 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 5 2 o f 1 5 9 T o w n C o u n c i l P a g e 5 8 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 DR A F T ATTACHMENT D Partially Executed – Interlocal Cooperation Agreement for Assessment Collection with Denton County for the TC PID No. 1 (Infrastructure Assessment) Town Council Minutes July 14, 2015 Page 53 of 159Town Council Page 59 of 314 Meeting Date: August 11, 2015 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 5 4 o f 1 5 9 T o w n C o u n c i l P a g e 6 0 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 5 5 o f 1 5 9 T o w n C o u n c i l P a g e 6 1 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 5 6 o f 1 5 9 T o w n C o u n c i l P a g e 6 2 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 5 7 o f 1 5 9 T o w n C o u n c i l P a g e 6 3 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 5 8 o f 1 5 9 T o w n C o u n c i l P a g e 6 4 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 5 9 o f 1 5 9 T o w n C o u n c i l P a g e 6 5 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 6 0 o f 1 5 9 T o w n C o u n c i l P a g e 6 6 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 DR A F T ATTACHMENT E Partially Executed – Interlocal Cooperation Agreement for Assessment Collection with Denton County for the TC PID No. 1 (Emergency Services Assessment – Fire Service) Town Council Minutes July 14, 2015 Page 61 of 159Town Council Page 67 of 314 Meeting Date: August 11, 2015 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 6 2 o f 1 5 9 T o w n C o u n c i l P a g e 6 8 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 6 3 o f 1 5 9 T o w n C o u n c i l P a g e 6 9 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 6 4 o f 1 5 9 T o w n C o u n c i l P a g e 7 0 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 6 5 o f 1 5 9 T o w n C o u n c i l P a g e 7 1 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 6 6 o f 1 5 9 T o w n C o u n c i l P a g e 7 2 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 6 7 o f 1 5 9 T o w n C o u n c i l P a g e 7 3 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 6 8 o f 1 5 9 T o w n C o u n c i l P a g e 7 4 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 DR A F T ATTACHMENT F GSBS Police Department and Town Hall Presentation Town Council Minutes July 14, 2015 Page 69 of 159Town Council Page 75 of 314 Meeting Date: August 11, 2015 DR A F T + Site Plan A1 + Site Plan A2 + Floor Plan – Council Ramp + Site Plan B + Floor Plan – Elected Office + Floor Plan – Public Lobby/AV + DIRTT – American Beacon + Floor Plan + Rendering Option 1 - Overall + Rendering Option 1 - Entry + Rendering Option 1 - Sketches + Rendering Option 2 - Overall + Rendering Option 2 - Entry Town Council Minutes July 14, 2015 Page 70 of 159Town Council Page 76 of 314 Meeting Date: August 11, 2015 DR A F T SITE PLAN A1 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 1 Town Council Minutes July 14, 2015 Page 71 of 159Town Council Page 77 of 314 Meeting Date: August 11, 2015 DR A F T SITE PLAN A2 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 2 Town Council Minutes July 14, 2015 Page 72 of 159Town Council Page 78 of 314 Meeting Date: August 11, 2015 DR A F T SITE PLAN B 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 3 Town Council Minutes July 14, 2015 Page 73 of 159Town Council Page 79 of 314 Meeting Date: August 11, 2015 DR A F T FLOOR PLAN – COUNCIL RAMP 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 4 Town Council Minutes July 14, 2015 Page 74 of 159Town Council Page 80 of 314 Meeting Date: August 11, 2015 DR A F T FLOOR PLAN – ELECTED OFFICIAL 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 5 Town Council Minutes July 14, 2015 Page 75 of 159Town Council Page 81 of 314 Meeting Date: August 11, 2015 DR A F T FLOOR PLAN – PUBLIC LOBBY/AV DOOR 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 6 Town Council Minutes July 14, 2015 Page 76 of 159Town Council Page 82 of 314 Meeting Date: August 11, 2015 DR A F T FLOOR PLAN 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 7 Town Council Minutes July 14, 2015 Page 77 of 159Town Council Page 83 of 314 Meeting Date: August 11, 2015 DR A F T DIRTT – AMERICAN BEACON 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 8 Town Council Minutes July 14, 2015 Page 78 of 159Town Council Page 84 of 314 Meeting Date: August 11, 2015 DR A F T RENDERING OPTION 1 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 9 Town Council Minutes July 14, 2015 Page 79 of 159Town Council Page 85 of 314 Meeting Date: August 11, 2015 DR A F T RENDERING OPTION 1 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 10 Town Council Minutes July 14, 2015 Page 80 of 159Town Council Page 86 of 314 Meeting Date: August 11, 2015 DR A F T RENDERING OPTION 1 SKETCHES 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 11 Town Council Minutes July 14, 2015 Page 81 of 159Town Council Page 87 of 314 Meeting Date: August 11, 2015 DR A F T RENDERING OPTION 2 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 12 Town Council Minutes July 14, 2015 Page 82 of 159Town Council Page 88 of 314 Meeting Date: August 11, 2015 DR A F T RENDERING OPTION 2 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 13 Town Council Minutes July 14, 2015 Page 83 of 159Town Council Page 89 of 314 Meeting Date: August 11, 2015 DR A F T ATTACHMENT G Ordinance No. 2015-15 Town Council Minutes July 14, 2015 Page 84 of 159Town Council Page 90 of 314 Meeting Date: August 11, 2015 DR A F T #4929796 .1 ORDINANCE NO. 21.J\5 -\5 relating to $2 ,030 ,000 TOWN OF TROPHY CLUB , TEXAS GENERAL OBLIGATION REFUNDING BONDS SERIES 2015 Adopted: July 14 , 2015 Town Council Minutes July 14, 2015 Page 85 of 159Town Council Page 91 of 314 Meeting Date: August 11, 2015 DR A F T TABLE OF CONTENTS Page ARTICLE I DEFINITIONS AND OTHER PRELIMINARY MATTERS Section 1.1 . Definitions ................................................................................................................ 2 Section 1.2. Findings .................................................................................................................... 3 Section 1.3. Table of Contents ..................................................................................................... 3 Section 1.4. Interpretation ............................................................................................................ 3 ARTICLE II SECURITY FOR THE BONDS; INTEREST AND SINKING FUND Section 2.1. Tax Levy .................................................................................................................. 4 Section 2.2. Interest and Sinking Fund ........................................................................................ 5 Section 3 .1 . Section 3.2. Section 3.3. Section 3.4. Section 3.5. Section 3.6. Section 3.7 . Section 3.8 . Section 3.9 . ARTICLE III AUTHORIZATION; GENERAL TERMS AND PROVISIONS REGARDING THE BONDS Authorization ........................................................................................................... 5 Date, Denomination , Maturities and Interest. .......................................................... 5 Medium, Method and Place of Payment. ................................................................. 6 Execution and Registration of Bonds ...................................................................... 7 Ownership ................................................................................................................ 8 Registration .............................................................................................................. 8 Cancellation ............................................................................................................. 9 Temporary Bonds ..................................................................................................... 9 Replacement Bonds ................................................................................................. 9 ARTICLE IV REDEMPTION OF BONDS BEFORE MATURITY LIMITATION ON REDEMPTION . Section 4.1. Optional Redemption ............................................................................................. 11 Section 4 .2. Mandatory Sinking Fund Redemption ................................................................... 11 Section 4 .3. Partial Redemption ................................................................................................. 11 Section 4.4. Notice of Redemption to Owners .......................................................................... 12 Section 4.5. Payment Upon Redemption ................................................................................... 12 Section 4.6. Effect of Redemption ............................................................................................. 12 Section 4. 7. Lapse of Paymerit. .................................................................................................. 13 (i) #4929796 .1 Town Council Minutes July 14, 2015 Page 86 of 159Town Council Page 92 of 314 Meeting Date: August 11, 2015 DR A F T Section 5 .1 . Section 5.2. Section 5 .3. Section 5.4. Section 5.5. Section 5.6 . Section 5.7. ARTICLE V PA YING AGENT/REGISTRAR A . n··1p. ti . ppomtment o mtia aymg Agen Registrar. .................................................... 13 Qualifications ......................................................................................................... 13 Maintaining Paying Agent/Registrar. .................................................................... 13 Termination ............................................................................................................ 13 Notice of Change to Owners .................................................................................. 13 Agreement to Perform Duties and Functions ......................................................... 14 Delivery of Records to Successor. ......................................................................... 14 ARTICLE VI FORM OF THE BONDS Section 6.1. Form Generally ...................................................................................................... 14 Section 6.2. Form of the Bonds ................................................................................................. 14 Section 6.3. CUSIP Registration ................................................................................................ 20 Section 6.4. Legal Opinion ........................................................................................................ 20 Section 6.5. Statement of Insurance ........................................................................................... 20 ARTICLE VII SALE AND DELIVERY OF BONDS , DEPOSIT OF PROCEEDS; Section 7 .1 . Sale of Bonds ......................................................................................................... 20 Section 7 .2. Control and Delivery of Bonds .............................................................................. 21 Section 7.3. Deposit of Proceeds ............................................................................................... 21 ARTICLE VIII INVESTMENTS Section 8 .1 . Investments ............................................................................................................ 21 Section 8.2. Investment Income ................................................................................................. 21 ARTICLE IX PARTICULAR REPRESENTATIONS AND COVENANTS Section 9 .1 . Payment of the Bonds ............................................................................................ 22 Section 9.2 . Other Representations and Covenants ................................................................... 22 Section 9.3 . Provisions Concerning Federal Income Tax Exclusion ......................................... 22 Section 9.4 . No Private Use or Payment and No Private Loan Financing ................................. 23 Section 9.5 . No Federal Guaranty .............................................................................................. 23 Section 9.6 . No Hedge Bonds .................................................................................................... 23 Section 9.7. No Arbitrage .......................................................................................................... 23 (ii) #4929796.1 Town Council Minutes July 14, 2015 Page 87 of 159Town Council Page 93 of 314 Meeting Date: August 11, 2015 DR A F T Section 9.8. Section 9.9. Section 9.10. Section 9.11. Section 9.12. Section 9.13. Arbitrage Rebate .................................................................................................... 24 Information Reporting ........................................................................................... 24 Record Retention ................................................................................................... 24 Registration ............................................................................................................ 24 Deliberate Actions ................................................................................................. 25 Continuing Obligation ........................................................................................... 25 ARTICLEX DEFAULT AND REMEDIES Section 10.1. Events of Default. ......................................... : ........................................................ 25 Section 10.2 . Remedies for Default. ............................................................................................ 25 Section 10.3. Remedies Not Exclusive ........................................................................................ 26 ARTICLE XI DISCHARGE Section 11.1 . Discharge ............................................................................................................... 26 ARTICLE XII REDEMPTION OF OBLIGATIONS ; APPROVAL OF ESCROW AGREEMENT ; PURCHASE OF SECURITIES Section 12.1. Escrow Agreement. ................................................................................................ 26 Section 12 .2. Purchase of Securities ................................... : ........................................................ 26 Section 12.3. Redemption and Payment of Refunded Bonds ...................................................... 26 Section 12.4. Notice of Deposit and Redemption ........................................................................ 27 ARTICLE XIII AMENDMENTS Section 13 .1. Amendments .......................................................................................................... 27 ARTICLE XIV MISCELLANEOUS Section 14.t'. Changes to Ordinance ............................................................................................ 27 Section 14.2 . Partial In v alidity ..................................................................................................... 27 Section 14.3. No Personal Liability ............................................................................................. 28 (iii) #4929796.1 Town Council Minutes July 14, 2015 Page 88 of 159Town Council Page 94 of 314 Meeting Date: August 11, 2015 DR A F T ARTICLE XV EFFECTIVE IMMEDIATELY Section 15.1. Effective Immediately ............................................................................................ 28 Schedule I -Refunded Bonds ...................................................................................................... S-1 (iv) #4929796 .1 Town Council Minutes July 14, 2015 Page 89 of 159Town Council Page 95 of 314 Meeting Date: August 11, 2015 DR A F T AN ORDINANCE PROVIDING FOR THE ISSUANCE OF TOWN OF TROPHY CLUB , TEXAS, GENERAL OBLIGATION REFUNDING BONDS , SERIES 2015 IN THE AGGREGATE PRINCIPAL AMOUNT OF $2 ,030 ,000 ; AWARDING THE SALE THEREOF; LEVYING A TAX IN PAYMENT THEREOF ; AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AGREEMENT, A PA YING AGENT/REGISTRAR AGREEMENT AND AN ESCROW AGREEMENT; AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSES OF THIS ORDINANCE WHEREAS , there are presently outstanding certain obligations of the Town (the "Refunded Bonds") described on Schedule I hereto , which the Town now desires to refund ; and WHEREAS , Chapter 1207 , Texas Government Code ("Chapter 1207 ") authorizes the Town to issue refunding bonds and to deposit the proceeds from the sale thereof, and an y other available funds or resources, directly with the paying agent for the Refunded Bonds , and such deposit , if made before such payment dates , shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Bonds ; and WHEREAS , Chapter 1207 , Texas Go vernment Code , as amended ("Chapter 1207 ") authorizes the Town to issue refunding bonds for the purpose of refunding or defeasing the Refunded Bonds in advance of their maturities , and to accomplish such refunding or defeasance by depositing directly with a paying agent for the Refunded Bonds (or other qualified escrow agent), the proceeds of such refunding bonds , to gether with other available funds , in an amount sufficient to provide for the payment or redemption of the Refunded Bonds , and provides that such deposit shall constitute the making of firm banking and financial arrangements for the discharge and final payment or redemption of the Refunded Bonds; and WHEREAS , the Town desires to authorize the execution of an escrow agreement in order to provide for the deposit of proceeds of the refunding bonds and , to the extent specified pursuant hereto , other lawfully available funds of the Town, to pay the redemption price of the Refunded Bonds when due; and WHEREAS, the Town Council hereby finds and determines that the issuance of the refunding bonds will result in a net present value debt service savings of $94 ,958.35 and that the refunding contemplated in this Ordinance will benefit the Town and that such benefit is sufficient consideration for the refunding of the Refunded Bonds; and WH EREAS , the Town Council has found and determined that it is necessary and in the best interest of the Town and its citizens that it authorize by this Ordinance the issuance and delivery of the bonds at this time , all in a single series; and WHEREAS , it is officially found , determined, and declared that the meeting at which thi s Ordinance has been adopted was open to the public and public notice of the time , place and subject matter of the public business to be considered and acted upon at said meeting, including this Ordinance , was given , all as required by the applicable pro visions of Chapter 551 , Texas Government Code, as amended; Now Therefore , #4929796 .l Town Council Minutes July 14, 2015 Page 90 of 159Town Council Page 96 of 314 Meeting Date: August 11, 2015 DR A F T BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB : ARTICLE I DEFINITIONS AND OTHER PRELIMINARY MATTERS Section I. I. Definitions. Unless otherwise expressly provided or unless the context clearly requires otherwise in this Ordinance , the following terms shall have the meanings specified below: "Bond " means any of the Bonds. "Bond Date" means the date designated as the date of the Bonds by Section 3.2(a) of this Ordinance. "Bonds" means the Town 's bonds authorized to be issued by Section 3.1 of this Ordinance and designated as "Town of Trophy Club , Texas, General Obligation Refunding Bonds , Series 2015." "Closing Date" means the date of the initial delivery of and payment for the Bonds . "Code" means the Internal Revenue Code of 1986 , as amended , including applicable regulations, published rulings and court decisions. "Designated Payment/Transfer Office" means (i) with respect to the initial Paying Agent/Registrar named in this Ordinance , the Designated Payment/Transfer Office as designated in the Paying Agent/Registrar Agreement, or at such other location designated by the Paying Agent/Registrar and (ii) with respect to any successor Paying Agent/Registrar , the office of such successor designated and located as may be agreed upon by the Town such successor. "Escrow Agent" means The Bank ofNew York Mellon Trust Company, N.A. "Escrow Agreement" means the Escrow Agreement relating to the Bonds , dated as of July I4, 2015, by and between the Escrow Agent and the Town. "Escrow Fund" means the fund referred to in Section I2.l of this Ordinance and established by the Escrow Agreement to hold cash and securities for the payment of principal and interest on the Refunded Bonds. "Event of Default" means any event of default as defined in Section 10 .1 of this Ordinance. "Initial Bond" means the Initial Bond authorized by Section 3.4 of this Ordinance. "Interest and Sinking Fund" means the interest and sinking fund established by Section 2.2 of this Ordinance . 2 #4929 796 .1 Town Council Minutes July 14, 2015 Page 91 of 159Town Council Page 97 of 314 Meeting Date: August 11, 2015 DR A F T "Interest Payment Date" means the date or dates on which interest on the Bonds is scheduled to be paid until their respective dates of maturity or prior redemption, such dates being March 1 and September 1, commencing March 1, 2016. "Owner" means the person who is the registered owner of a Bond or Bonds, as shown in the Register. "Paying Agent/Registrar" means initially, First National Bank of Texas or any successor thereto as provided in this Ordinance . "Paying Agent/Registrar Agreement" means the Paying Agent/Registrar Agreement between the Paying Agent/Registrar and the Town relating to the Bonds. "Purchase Agreement" means that certain purchase agreement, dated as of July 14 , 2015, approved in Section 7 .1 (a) hereof. "Purchaser" means the First National Bank of Texas. "Record Date" means the last business day of the month next preceding an Interest Payment Date. "Refunded Bonds" means the obligations of the Town described in Schedule I attached hereto. ' "Register" means the Register specified in Section 3.6(a) of this Ordinance. "Unclaimed Payments" means money deposited with the Paying Agent/Registrar for the payment of principal of or interest on the Bonds as the same come due and payable and remaining unclaimed by the Owners of such Bonds after the applicable payment or redemption date. Section 1.2. Findings. The declarations , determinations and findings declared, made and found in the preamble to this Ordinance are hereby adopted , restated and made a part of the operative provisions hereof. Section 1.3. Table of Contents. Titles and Headings. The table of contents , titles and headings of the Articles and Sections of this Ordinance have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof and shall never be considered or given any effect in construing this Ordinance or any provision hereof or in ascertaining intent, if any question of intent should arise . Section 1.4 . Interpretation. (a) Unless the context requires otherwise , words of the masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and 3 #492979 6.1 Town Council Minutes July 14, 2015 Page 92 of 159Town Council Page 98 of 314 Meeting Date: August 11, 2015 DR A F T words of the singular number shall be construed to include correlative words of the plural number and vice versa. (b) This Ordinance and all the terms and prov1s1ons hereof shall be liberally construed to effectuate the purposes set forth herein . ARTICLE II SECURITY FOR THE BONDS; INTEREST AND SINKING FUND Section 2.1. Tax Levy. (a) Pursuant to the authority granted by the Texas Constitution and the laws of the State of Texas, there shall be levied and there is hereby levied for the current year and for each succeeding year hereafter while any of the Bonds or any interest thereon is outstanding and unpaid , an ad valorem tax on each one hundred dollars valuation of taxable property within the Town, at a rate sufficient, within the limit prescribed by law, to pay the debt service requirements of the Bonds, being (i) the interest on the Bonds , and (ii) a sinking fund for their redemption at maturity or a sinking fund of two percent (2%) per annum (whichever amount is greater), when due and payable, full allowance being made for delinquencies and costs of collection. (b) The ad valorem tax thus levied shall be assessed and collected each year against all property appearing on the tax rolls of the Town most recently approved in accordance with law and the money thus collected shall be deposited as collected to the Interest and Sinking Fund. (c) Said ad valorem tax , the collections therefrom , and all amounts on deposit in or required hereby to be deposited to the Interest and Sinking Fund are hereby pledged and committed irrevocably to the payment of the principal of and interest on the Bonds when and as due and payable in accordance with their terms and this Ordinance. (d) To the extent the Town has available funds which may be lawfull y used to pay debt service on the Bonds and such funds are on deposit in the Interest and Sinking Fund in advance of the time when the Town Council of the Town is scheduled to set a tax rate for any year, then such tax rate which would otherwise be required to be established pursuant to subsection (a) of this Section may be reduced to the extent and by the amount of such funds in the Interest and Sinking Fund . (e) If the lien and provisions of this Ordinance shall be released in a manner permitted by Article XI hereof, then the collection of such ad valorem tax may be suspended or appropriately reduced , as the facts may permit, and further deposits to the Interest and Sinking Fund may be suspended or appropriately reduced , as the facts may permit. In determining the aggregate principal amount of outstanding Bonds, there shall be subtracted the amount of any Bonds that have been duly called for redemption and for which money has been deposited with the Paying Agent/Registrar for such redemption. 4 #4929796.1 Town Council Minutes July 14, 2015 Page 93 of 159Town Council Page 99 of 314 Meeting Date: August 11, 2015 DR A F T Section 2 .2. Interest and Sinking Fund . (a) The Town hereb y establishes a special fund or account , to be designated the "Town ofTrophy Club , Texas , General Obligation Refunding Bonds , Series 2015 Interest and Sinking Fund ," said fund to be maintained at an official depository bank of the Town separate and apart from all other funds and accounts of the Town. (b) Money on deposit in or required by this Ordinance to be deposited to the Interest and Sinking Fund shall be used solel y for the purpose of paying the interest on and principal of the Bonds when and as due and payable in accordance with their terms and this Ordinance . ARTICLE III AUTHORIZATION ; GENERAL TERMS AND PROVISIONS REGARDING THE BONDS Section 3 .1. Authorization . The Town 's bonds , to be de s ignated "Town of Trophy Club , Te x as , General Obligation Refunding Bonds , Series 2015 ," are hereb y authorized to be issued and delivered in accordance with the Constitution and laws of the State of Te xas , including specifically Chapter 1207 , Te xas Go vernment Code, as amended . The Bonds shall be issued in the aggregate principal amount of $2 ,030 ,000 for the purpose of: (a) pro v iding funds to refund the Refunded Bonds and (b) providing funds for payment of the costs of issuing the Bonds. Section 3.2 . Date, Denomination, Maturities and Interest. (a) The Bonds shall be dated the date of their deli very to the initial Purchaser. The Bonds shall be in fully registered form , without coupons , in the denomination of $1 ,000 or any integral multiple thereof, and shall be numbered separatel y from one (1) upward, except the Initial Bond, which shall be numbered T-1 . (b) The Bonds shall mature on September 1 in the years and in the principal amounts set forth in the following schedule: 2025 Term Bonds Principal Amount $2,030 ,000 Interest Rate 2.180 % (c ) Interest shall accrue and be paid on each Bond respectively until its maturity, from the later of the date of their delivery to the Purchaser (the "Deli very Date") or the most recent Interest Payment Date to which interest has been paid or provided for at the rates per annum for each respective maturity specified in the schedule contained in subsection (b) abo ve. Such interest shall be payable semiannually on each March 1 and September 1 of each year, 5 #4929796 .1 Town Council Minutes July 14, 2015 Page 94 of 159Town Council Page 100 of 314 Meeting Date: August 11, 2015 DR A F T commencing March 1, 2016, until maturity or prior redemption. Interest on the Bonds shall be calculated on the basis of a 360-day year composed of twelve 30-day months. Section 3.3. Medium, Method and Place of Payment. (a) The principal of, premium , if any , and interest on the Bonds shall be paid in lawful money of the United States of America. (b) Interest on the Bonds shall be payable to each Owner as shown in the Register at the close of business on the Record Date; provided , however, that in the event of nonpayment of interest on a scheduled Interest Payment Date , and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar if and when funds for the payment of such interest have been received from the Town. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the "Special Payment Date," which shall be at least 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Owner of a Bond appearing on the books of the Paying Agent/Registrar at the close of business on the last business day next preceding the date of mailing of such notice. ( c) Interest shall be paid by check , dated as of the Interest Payment Date, and sent by the Paying Agent/Registrar to each Owner, first class United States mail, postage prepaid, to the address of each Owner as it appears in the Register, or by such other customary banking arrangement acceptable to the Paying Agent/Registrar and the Owner; provided , however, the Owner shall bear all risk and expense of such other banking arrangement. At the option of an Owner of at least $1 ,000,000 principal amount of the Bonds, interest may be paid by wire transfer to the bank account of such Owner on file with the Paying Agent/Registrar. ( d) The principal of each Bond shall be paid to the Owner thereof on the due date (whether at the maturity date or the date of prior redemption thereof) upon presentation and surrender of such Bond at the Designated Payment/Transfer Office of the Paying Agent/Registrar. ( e) If the date for the payment of the principal of or interest on the Bonds shall be a Saturday , Sunday, legal holiday, or day on which banking institutions in the Town where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are required or authorized by law or executive order to close, the date for such payment shall be the next succeeding day which is not a Saturday, Sunday , legal holiday, or day on which banking institutions are required or authorized to close , and payment on such date shall have the same force and effect as if made on the original date payment was due and no additional interest shall be due by reason of nonpayment on the date on which such payment is otherwise stated to be due and payable. (f) Unclaimed Payments shall be segregated in a special account and held in trust , uninvested by the Paying Agent/Registrar, for the account of the Owner of the Bonds to which the Unclaimed Payments pertain . Subject to Title 6 of the Texas Property Code, Unclaimed Payments remaining unclaimed by the Owners entitled thereto for three .(3) years after the 6 #4929796 .1 Town Council Minutes July 14, 2015 Page 95 of 159Town Council Page 101 of 314 Meeting Date: August 11, 2015 DR A F T applicable payment or redemption date shall be applied to the next payment or payments on the Bonds thereafter coming due and, to the extent any such money remains after the retirement of all outstanding Bonds, shall be paid to the Town to be used for any lawful purpose. Thereafter, neither the Town, the Paying Agent/Registrar nor any other person shall be liable or responsible to any holders of such Bonds for any further payment of such unclaimed monies or on account of any such Bonds, subject to Title 6 of the Texas Property Code. Section 3.4. Execution and Registration of Bonds. (a) The Bonds shall be executed on behalf of the Town by the Mayor and the Town Secretary, by their manual or facsimile signatures, and the official seal of the Town shall be impressed or placed in facsimile thereon. Such facsimile signatures on the Bonds shall have the same effect as if each of the Bonds had been signed manually and in person by each of those officers, and such facsimile seal on the Bonds shall have the same effect as if the official seal of the Town had been manually impressed upon each of the Bonds. (b) In the event that any officer of the Town whose manual or facsimile signature appears on the Bonds ceases to be such officer before the authentication of such Bonds or before the delivery thereof, such manual or facsimile signature nevertheless shall be valid and sufficient for all purposes as if such officer had remained in such office. (c) Except as provided below, no Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit of this Ordinance unless and until there appears thereon the Certificate of Paying Agent/Registrar substantially in the form provided herein, duly authenticated by manual execution by an officer or duly authorized signatory of the Paying Agent/Registrar. It shall not be required that the same officer or authorized signatory of the Paying Agent/Registrar sign the Certificate of Paying Agent/Registrar on all of the Bonds. In lieu of the executed Certificate of Paying Agent/Registrar described above, the Initial Bond delivered at the Closing Date shall have attached thereto the Comptroller's Registration Certificate substantially in the form provided herein, manually executed by the Comptroller of Public Accounts of the State of Texas, or by his duly authorized agent, which Certificate shall be evidence that the Bond has been duly approved by the Attorney General of the State of Texas and that it is a valid and binding obligation of the Town, and has been registered by the Comptroller of Public Accounts of the State of Texas. ( d) On the Closing Date, one initial Bond representing the entire principal amount of all Bonds, payable in stated installments to the initial Purchaser, or its designee, executed by the Mayor and Town Secretary of the Town by their manual or facsimile signatures, approved by the Attorney General , and registered and manually signed by the Comptroller of Public Accounts , will be delivered to the initial Purchaser or its designee . Anytime after payment for the Initial Bond, the Paying Agent/Registrar, pursuant to written instructions from the Initial Purchaser, shall cancel the Initial Bond and deliver to the initial Purchaser one typewritten Bond for each maturity representing the aggregate principal amount for each respective maturity, registered in the name of the initial Purchaser. Notwithstanding the above , the initial Purchaser may elect to hold the Initial Bond in lieu of delivery of definitive Bonds . 7 #49297 96. I Town Council Minutes July 14, 2015 Page 96 of 159Town Council Page 102 of 314 Meeting Date: August 11, 2015 DR A F T Section 3.5. Ownership. (a) The Town, the Paying Agent/Registrar and any other person may treat the person in whose name any Bond is registered as the absolute owner of such Bond for the purpose of making and receiving payment as provided herein (except interest shall be paid to the person in whose name such Bond is registered on the Record Date), and for all other purposes, whether or not such Bond is overdue, and neither the Town nor the Paying Agent/Registrar shall be bound by any notice or knowledge to the contrary. (b) All payments made to the Owner of a Bond shall be valid and effectual and shall discharge the liability of the Town and the Paying Agent/Registrar upon such Bond to the extent of the sums paid . Section 3.6. Registration . Transfer and Exchange. (a) So long as any Bonds remain outstanding , the Town shall cause the Paying Agent/Registrar to keep at the Designated Payment/Transfer Office a register in which , subject to such reasonable regulations as it may prescribe, the Paying Agent/Registrar shall provide for the registration and transfer of Bonds in accordance with this Ordinance. (b) The ownership of a Bond may be transferred only upon the presentation and surrender of the Bond at the Designated Payment/Transfer Office of the Paying Agent/Registrar with such endorsement or other evidence of transfer as is acceptable to the Paying Agent/Registrar. No transfer of any Bond shall be effective until entered in the Register. The Bonds are only transferable in whole for the outstanding principal amount thereof, and are not transferable in part. ( c) The Bonds shall be exchangeable upon the presentation and surrender thereof at the Designated Payment/Transfer Office of the Paying Agent/Registrar for a Bond or Bonds of the same maturity and interest rate and in any denomination or denominations of any integral multiple of $1 ,000 and in an aggregate principal amount equal to the unpaid principal amount of the Bonds presented for exchange. The Paying Agent/Registrar is hereby authorized to authenticate and deliver Bonds exchanged for other Bonds in accordance with this Section. ( d) Each exchange Bond delivered by the Paying Agent/ Registrar in accordance with this Section shall constitute an original contractual obligation of the Town and shall be entitled to the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such exchange Bond is delivered . (e) No service charge shall be made to the Owner for the initial registration, subsequent transfer, or exchange for any different denomination of any of the Bonds . The Paying Agent/Registrar, however, may require the Owner to pay a sum sufficient to cover any tax or other governmental charge that is authorized to be imposed in connection with the registration , transfer or exchange of a Bond. (f) Neither the Town nor the Paying Agent/Registrar shall be required to issue , transfer, or exchange any Bond called for redemption, in whole or in part, where such redemption is scheduled to occur within forty-five (45) calendar days after the transfer or 8 #4929796 .1 Town Council Minutes July 14, 2015 Page 97 of 159Town Council Page 103 of 314 Meeting Date: August 11, 2015 DR A F T exchange date; provided, however, such limitation shall not be applicable to an exchange by the Owner of the uncalled principal balance of a Bond. Section 3. 7. Cancellation. All Bonds paid or redeemed before scheduled maturity in accordance with this Ordinance, and all Bonds in lieu of which exchange Bonds or replacement Bonds are authenticated and delivered in accordance with this Ordinance, shall be cancelled and proper records shall be made regarding such payment, redemption, exchange or replacement. The Paying Agent/Registrar shall dispose of cancelled Bonds in accordance with the Securities Exchange Act of 1934, as amended . Section 3 .8. Temporary Bonds. (a) Following the delivery and registration of the Initial Bond and pending the preparation of definitive Bonds, if any are delivered pursuant to 3.4(d) herein , the proper officers of the Town may execute and , upon the Town's request, the Paying Agent/Registrar shall authenticate and deliver, one or more temporary Bonds that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Bonds in lieu of which they are delivered, without coupons , and with such appropriate insertions, omissions, substitutions and other variations as the officers of the Town executing such temporary Bonds may determine, as evidenced by their signing of such temporary Bonds. (b) Until exchanged for Bonds in definitive form, such Bonds in temporary form shall be entitled to the benefit and security of this Ordinance. (c) The Town, without unreasonable delay, shall prepare , execute and deliver to the Paying Agent/Registrar the Bonds in definitive form; thereupon, upon the presentation and surrender of the Bonds in temporary form to the Paying Agent/Registrar, the Paying Agent/Registrar shall cancel the Bonds in temporary form and shall authenticate and deliver in exchange therefor Bonds of the same maturity and series , in definitive form , in the authorized denomination, and in the same aggregate principal amount, as the Bonds in temporary form surrendered. Such exchange shall be made without the making of any charge therefor to any Owner. Section 3. 9. Replacement Bonds . (a) Upon the presentation and surrender to the Paying Agent/Registrar of a mutilated Bond, the Paying Agent/Registrar shall authenticate and deliver in exchange therefor a replacement Bond of like tenor and principal amount, bearing a number not contemporaneously outstanding. The Town or the Paying Agent/Registrar may require the Owner of such Bond to pay a sum sufficient to cover any tax or other governmental charge that is authorized to be imposed in connection therewith and any other expenses connected therewith. (b) In the event that any Bond is lost, apparently destroyed or wrongfully taken , the Paying Agent/Registrar, pursuant to the applicable laws of the State of Texas and in the absence of notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall 9 #4929796 .1 Town Council Minutes July 14, 2015 Page 98 of 159Town Council Page 104 of 314 Meeting Date: August 11, 2015 DR A F T authenticate and deliver a replacement Bond of like tenor and principal amount, bearing a number not contemporaneously outstanding, provided that the Owner first: (i) furnishes to the ·Paying Agent/Registrar satisfactory evidence of his ownership of and the circumstances of the loss , destruction or theft of such Bond; (ii) furnishes such security or indemnity as may be required by the Paying Agent/Registrar to save it and the Town harmless ; (iii) pays all expenses and charges in connection therewith , including , but not limited to , printing costs , legal fees , fees of the Paying Agent/Registrar and any tax or other governmental charge that is authorized to be imposed ; and (iv) satisfies any other reasonable requirements imposed by the Town and the Paying Agent/Registrar. ( c) If, after the delivery of such replacement Bond, a bona fide purchaser of the original Bond in lieu of which such replacement Bond was issued presents for payment such original Bond, the Town and the Paying Agent/Registrar shall be entitled to recover such replacement Bond from the person to whom it was delivered or any person taking therefrom , except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss , damage, cost or expense incurred by the Town or the Paying Agent/Registrar in connection therewith. ( d) In the event that any such mutilated , lost, apparently destro yed or wrongfully taken Bond has become or is about to become due and payable , the Paying Agent/Registrar, in its discretion , instead of issuing a replacement Bond , may pay such Bond if it has become due and payable or may pay such Bond when it becomes due and payable. (e) Each replacement Bond delivered in accordance with this Section shall constitute an original additional contractual obligation of the Town and shall be entitled to the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such replacement Bond is delivered. ARTICLE IV REDEMPTION OF BONDS BEFORE MATURITY LIMITATION ON REDEMPTION. The Bonds shall be subject to redemption before scheduled maturity only as provided in this Article IV. 10 #4929796 .1 Town Council Minutes July 14, 2015 Page 99 of 159Town Council Page 105 of 314 Meeting Date: August 11, 2015 DR A F T Section 4.1. Optional Redemption. The Bonds are not subject to optional redemption prior to their stated maturity. Section 4 .2. Mandatory Sinking Fund Redemption. (a) The Bonds maturing on September 1, 2025 (the "Term Bonds") are subject to scheduled mandatory redemption and will be redeemed by the Town, in part at a price equal to the principal amount thereof, without premium, plus accrued interest to the redemption date, out of moneys available for such purpose in the Interest and Sinking Fund , on the dates and in the respective principal amounts as set forth below. Redemption Date September I, 2016 September 1, 2017 September 1, 2018 September 1, 2019 September 1, 2020 September 1, 2021 Term Bonds Maturing September 1, 2025 Redemption Amount $350,000 40,000 . 40 ,000 210,000 220,000 220,000 Redemption Date September 1, 2022 September 1, 2023 September 1, 2024 September 1, 2025 Redemption Amount $230,000 235,000 240 ,000 245,000 (b) At least ten (10) days prior to each scheduled mandatory redemption date, the Paying Agent/Registrar shall select for redemption by lot , or by any other customary method that results in a random selection , a principal amount of Term Bonds equal to the aggregate principal amount of such Term Bonds to be redeemed , shall call such Term Bonds for redemption on such scheduled mandatory redemption date , and shall give notice of such redemption , as provided in Section 4.5. So long as the initial Purchaser is the Owner of the Bonds, no presentation shall be required with respect to the mandatory redemptions and the Paying Agent/Registrar, upon payment of the mandatory redemption payment, shall record the resulting reduction in the principal amount of the bond by book entry. ( c) The principal amount of the Term Bonds required to be redeemed on any redemption date pursuant to subparagraph (a) of this Section 4.3 shall be reduced , at the option of the Town , by the principal amount of any Term Bonds which , at least 15 days prior to the mandatory sinking fund redemption date (i) shall have been acquired by the Town at a price not exceeding the principal amount of such Term Bonds plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation, or (ii) shall have been redeemed pursuant to the optional redemption provisions hereof and not previously credited to a mandatory sinking fund redemption. Section 4.3 . Partial Redemption . (a) A portion of a single Bond of a denomination greater than $1 ,000 may be redeemed, but only in a principal amount equal to $1 ,000 or any integral multiple thereof. If such a Bond is to be partially redeemed , the Paying Agent/Registrar shall treat each $1 ,000 portion of the Bond as though it were a single Bond for purposes of selection for redemption. 11 #4929796 . J Town Council Minutes July 14, 2015 Page 100 of 159Town Council Page 106 of 314 Meeting Date: August 11, 2015 DR A F T (b) Upon surrender of any Bond for redemption in part, the Paying Agent/Registrar, in accordance with Section 3.6 of this Ordinance, shall authenticate and deliver an exchange Bond or Bonds in an aggregate principal amount equal to the unredeemed portion of the Bond so surrendered, such exchange being without charge. (c) The Paying Agent/Registrar shall promptly notify the Town in writing of the principal amount to be redeemed of any Bond as to which only a portion thereof is to be redeemed. Section 4.4. Notice of Redemption to Owners . (a) The Paying Agent/Registrar shall give notice of any optional redemption of Bonds by sending notice by United States mail, first class postage prepaid, not less than ten (10) days before the date fixed for redemption, to the Owner of each Bond (or part thereof) to be redeemed, at the address shown on the Register at the close of business on the business day next preceding the date of mailing of such notice. (b) Any notice shall state the redemption date, the redemption price, the place at which the Bonds are to be surrendered for payment, and , if less than all the Bonds outstanding are to be redeemed , an identification of the Bonds or portions thereof to be redeemed. ( c) Any notice given as provided in this Section shall be conclusively presumed to have been duly given, whether or not the Owner receives such notice .. Section 4.5. Payment Upon Redemption. (a) Before or on each redemption date , the Town shall deposit with the Paying Agent/Registrar money sufficient to pay all amounts due on the redemption date and the Paying Agent/Registrar shall make provision for the payment of the Bonds to be redeemed on such date by setting aside and holding in trust such amounts as are received by the Paying Agent/Registrar from the Town and shall use such funds solely for the purpose of paying the principal of, redemption premium, if any, and accrued interest on the Bonds being redeemed. (b) Upon presentation and surrender of any Bond (except as permitted in Section 4.2(b)) called for redemption at the Designated Payment/Transfer Office on or after the date fixed for redemption, the Paying Agent/Registrar shall pay the principal of, redemption premium, if any, and accrued interest on such Bond to the date ofredemption from the money set aside for such purpose. Section 4.6. Effect of Redemption. (a) Notice of redemption having been given as provided in Section 4 .5 of this Ordinance, the Bonds or portions thereof called for redemption shall become due and payable on the date fixed for redemption and, unless the Town defaults in its obligation to make provision for the payment of the principal thereof, redemption premium, if any, or accrued interest thereon , such Bonds or portions thereof shall cease to bear interest from and after the date fixed for redemption, whether or not such Bonds are presented and surrendered for payment on such date. 12 #4929796.1 Town Council Minutes July 14, 2015 Page 101 of 159Town Council Page 107 of 314 Meeting Date: August 11, 2015 DR A F T (b) If the Town shall fail to make provision for payment of all sums due on a redemption date, then any Bond or portion thereof called for redemption shall continue to bear interest at the rate stated on the Bond until due provision is made for the payment of same by the Town. Section 4.7. Lapse of Payment. Money set aside for the redemption of the Bonds and remaining unclaimed by Owners thereof shall be subject to the provisions of Section 3.3(t) hereof. ARTICLE V PA YING AGENT/REGISTRAR Section 5 .1. Appointment of Initial Paying Agent/Registrar. The First National Bank of Texas is hereby appointed as the initial Paying Agent/Registrar for the Bonds. Section 5.2. Qualifications . Each Paying Agent/Registrar shall be a commercial bank, a trust company organized under the laws of the State of Texas, or any other entity duly qualified and legally authorized to serve as and perform the duties and services of paying agent and registrar for the Bonds. Section 5.3. Maintaining Paying Agent/Registrar. (a) At all times while any Bonds are outstanding, the Town will maintain a Paying Agent/Registrar that is qualified under Section 5 .2 of this Ordinance. The Mayor is hereby authorized and directed to execute an agreement with the Paying Agent/Registrar specifying the duties and responsibilities of the Town and the Paying Agent/Registrar. The signature of the Mayor shall be attested by the Town Secretary of the Town. The form of the Paying Agent/Registrar Agreement presented at this meeting is hereby approved with such changes as may be approved by bond counsel to the Town. (b) If the Paying Agent/Registrar resigns or Otherwise ceases to serve as such , the Town will promptly appoint a replacement. · Section 5.4 . Termination . The Town , upon not less than sixty (60) days' notice, reserves the right to terminate the appointment of any Paying Agent/ Registrar by delivering to the entity whose appointment is to be terminated written notice of such termination. Section 5.5. Notice of Change to Owners. Promptly upon each change in the entity serving as Paying Agent/Registrar, the Town will cause notice of the change to be sent to each Owner by first class United States mail , 13 #4929796 .1 Town Council Minutes July 14, 2015 Page 102 of 159Town Council Page 108 of 314 Meeting Date: August 11, 2015 DR A F T postage prepaid , at the address in the Register , stating the effective date of the change and the name and mailing address of the replacement Paying Agent/Registrar. Section 5.6. Agreement to Perform Duties and Functions. By accepting the appointment as Paying Agent/Registrar and executing the Paying Agent/Registrar Agreement, the Paying Agent/Registrar is deemed to have agreed to the provisions of this Ordinance and that it will perform the duties and functions of Paying Agent/Registrar prescribed thereb y. Section 5.7. Delivery of Records to Successor. If a Paying Agent/Registrar is replaced , such Paying Agent/Registrar, promptly upon the appointment of the successor, will deliver the Register (or a copy thereof) and all other pertinent books and records relating to the Bonds to the successor Paying Agent/Registrar. ARTICLE VI FORM OF THE BONDS Section 6.1. Form Generall y. (a) The Bonds , the Registration Certificate of the Comptroller of Public Accounts of the State of Texas , the Certificate of the Paying Agent/Registrar, and the Assignment form to appear on each of the Bonds, (i) shall be substantiall y in the form set forth in this Article , with such appropriate insertions , omissions , substitutions , and other variations as are permitted or required by this Ordinance, and (ii) may have such letters , numbers , or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as , consistently herewith , may be determined by the Town or by the officers executing such Bonds , as evidenced by their execution thereof. (b) Any portion of the text of any Bonds may be set forth on the reverse side thereof, with an appropriate reference thereto on the face of the Bonds. ( c) The definitive Bonds shall be typewritten, printed , lithographed, or engraved , and may be produced by any combination of these methods or produced in any other similar manner , all as determined by the officers executing such Bonds , as evidenced by their execution thereof. ( d) The Initial Bond submitted to the Attorney General of the State of Texas may be typewritten and photocopied or otherwise reproduced. Section 6.2. Form of the Bonds. The form of the Bond, including the form of the Registration Certificate of the Comptroller of Public Accounts of the State of Texas , the form of Certificate of the Paying 14 #4929796 .1 Town Council Minutes July 14, 2015 Page 103 of 159Town Council Page 109 of 314 Meeting Date: August 11, 2015 DR A F T Agent/Registrar and the form of Assignment appearing on the Bonds, shall be substantially as follows: (a) Form of Bond. REGISTERED No. ----- United States of America State of Texas County of Hunt TOWN OF TROPHY CLUB , TEXAS GENERAL OBLIGATION REFUNDING BOND SERIES 2015 REGISTERED $ ___ _ INTEREST RA TE: MATURITY DATE: DELIVERY DATE: % ----September 1, -,-August 11 , 2015 The Town of Trophy Club, Texas (the "Town"), in the Counties of Tarrant and Denton , State of Texas , for value received, hereby promises to pay to or registered assigns , on the Maturity Date specified above , the sum of DOLLARS --------- or the remaining unpaid balance of this Bond, unless this Bond shall have been sooner called for redemption and the payment of the principal hereof shall have been paid or provided for , and to pay interest on such principal amount from the later of the Delivery Date specified above or the most recent interest payment date to which interest has been paid or provided for until payment of such principal amount has been paid or provided for , at the per annum rate of interest specified above , computed on the basis of a three hundred sixty (360) day year of twelve (12) thirty (30) day months, such interest to be paid semiannually on March land September 1 of each year, commencing March 1, 2016. The principal of this Bond shall be payable without exchange or collection charges in lawful money of the United States of America upon presentation and surrender of this Bond at the corporate trust office (the "Designated Payment/Transfer Office") of the First National Bank of Texas , as Paying Agent/Registrar or, with respect to a successor Paying Agent/Registrar, at the Designated Payment/Transfer Office thereof. Interest on this Bond is payable by check dated as of the interest payment date , and will be mailed by the Paying Agent/Registrar to the registered owner at the address shown on the registration books kept by the Paying Agent/Registrar or by such other customary banking arrangement acceptable to the Paying Agent/Registrar and the registered owner; provided, however, such registered owner shall bear all risk and expense of such other banking arrangement. At the option of an Owner of at least $1 ,000 ,000 principal amount of the Bonds, interest may be paid by wire transfer to the bank 15 #4929796, I Town Council Minutes July 14, 2015 Page 104 of 159Town Council Page 110 of 314 Meeting Date: August 11, 2015 DR A F T account of such Owner on file with the Paying Agent/Registrar. For the purpose of the payment of interest on this Bond , the registered owner shall be the person in whose name this Bond is registered at the close of business on the "Record Date ," which shall be the last business day of the m~mth next preceding such interest payment date; provided, however, that in the event of nonpayment of interest on a scheduled interest payment date , and for 30 days thereafter , a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Town. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the "Special Payment Date," which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail , first class postage prepaid, to the address of each Owner of a Bond appearing on the books of the Paying Agent/Registrar at the close of business on the last business day preceding the date of mailing such notice. If the date for the payment of the principal of or interest on this Bond shall be a Saturday , Sunday , legal holiday, or day on which banking institutions in the Town where the Paying Agent/Registrar is located are required or authorized by law or executive order to close, the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday, or day on which banking institutions are required or authorized to close , and payment on such date shall have the same force and effect as if made on the original date payment was due and no additional interest shall be due by reason of nonpayment on the date on which such payment is otherwise stated to be due and payable. This Bond is dated August 11, 2015 and is one of a series of fully registered bonds specified in the title hereof issued in the aggregate principal amount of $2,030 ,000 (herein referred to as the "Bonds"), issued pursuant to a certain ordinance of the Town (the "Ordinance ") for the purpose of providing funds to refund the Refunded Bonds (as defined in the Ordinance) and to pay the costs of issuing the Bonds. The Bonds are not subject to optional redemption prior to their stated maturity. The Bonds maturing September 1, 2025 (the "Term Bonds") are subject to scheduled mandatory redemption and will be redeemed by the Town , in part at a price equal to the principal amount thereof, without premium, plus accrued interest to the redemption date, out of moneys available for such purpose in the Interest and Sinking Fund , on the dates and in the respective principal amounts as set forth below. Redemption Date September 1, 2016 September 1, 2017 September 1, 2018 September 1, 2019 September 1, 2020 September 1, 2021 #4929796. J Term Bonds Maturing September l, 2025 Redemption Amount $350 ,000 40 ,000 40 ,000 210 ,000 220 ,000 220 ,000 16 Redemption Date September 1, 2022 September 1, 2023 September 1, 2024 September 1, 2025 Redemption Amount $230 ,000 235 ,000 240 ,000 245,000 Town Council Minutes July 14, 2015 Page 105 of 159Town Council Page 111 of 314 Meeting Date: August 11, 2015 DR A F T At least ten (10) days prior to each scheduled mandatory redemption date, the Paying Agent/Registrar shall select for redemption by lot, or by any other customary method that results in a random selection, a principal amount of Term Bonds equal to the aggregate principal amount of such Term Bonds to be redeemed, shall call such Term Bonds for redemption on such scheduled mandatory redemption date, and shall give notice of such redemption, as provided in the Ordinance. So long as the initial Purchaser is the Owner of the Bonds, no presentation shall be required with respect to the mandatory redemptions and the Paying Agent/Registrar, upon payment of the mandatory redemption payment, shall record the resulting reduction in the principal amount of the bond by book entry. The principal amount of the Term Bonds required to be redeemed on any redemption date shall be reduced, at the option of the Town, by the principal amount of any Term Bonds which, at least 15 days prior to the mandatory sinking fund redemption date (i) shall have been acquired by the Town at a price not exceeding the principal amount of such Term Bonds plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation, or (ii) shall have been redeemed pursuant to the optional redemption provisions hereof and not previously credited to a mandatory sinking fund redemption . Notice of optional redemption or mandatory sinking fund redemption shall be sent by United States mail , first class postage prepaid, not less than ten (10) days before the date fixed for redemption, to the registered owner of each of the Bonds to be redeemed in whole or in part. Notice having been so given, the Bonds or portions thereof designated for redemption shall become due and payable on the redemption date specified in such notice, and from and after such date , notwithstanding that any of the Bonds or portions thereof so called for redemption shall not have been surrendered for payment, interest on such Bonds or portions thereof shall cease to accrue. Neither the Town nor the Paying Agent/Registrar shall be required to issue, transfer or exchange any Bond called for redemption where such redemption is scheduled to occur within 15 calendar days of the transfer or exchange date ; provided, however, such limitation shall not be applicable to an exchange by the registered owner of the uncalled principal balance of a Bond. The Bonds are only transferable in whole for the outstanding principal amount thereof, and are not transferable in part. The Town, the Paying Agent/Registrar, and any other person may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except interest shall be paid to the person in whose name this Bond is registered on the Record Date) and for all other purposes , whether or not this Bond be overdue , and neither the Town nor the Paying Agent/Registrar shall be affected by notice to the contrary. IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Bond and the series of which it is a part is duly authorized by law, and has been authorized by a vote of the properly qualified electors of the Town; that all acts , conditions and things required to be done precedent to and in the issuance of the Bonds have been properly done and performed and have 17 #4929 796 .1 Town Council Minutes July 14, 2015 Page 106 of 159Town Council Page 112 of 314 Meeting Date: August 11, 2015 DR A F T happened in regular and due time , form and manner, as required by law; and that ad valorem taxes upon all taxable property in the Town have been levied for and pledged to the payment of the debt service requirements of the Bonds, within the limit prescribed by law. IN WITNESS WHEREOF, the Town has caiised this Bond to be executed by the manual or facsimile signature of the Mayor of the Town and countersigned by the manual or facsimile signature of the Town Secretary of the Town , and the official seal of the Town has been duly impressed or placed in facsimile on this Bond. Town Secretary , Town of Trophy Club , Texas Mayor, Town of Trophy Club, Texas [SEAL] (b) Form of Comptroller's Registration Certificate The following Comptroller's Registration Certificate may be deleted from the definiti ve Bonds if such Certificate on the initial Bond is full y executed. OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS § § § REGISTER NO. ---- I hereby certify that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this Bond has been ex amined by him as required by law, that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding obligation of the Town of Trophy Club , Texas , and that this Bond has this day been registered by me. Witness my hand and seal of office at Austin , Texas , ------- [SEAL] Comptroller of Public Accounts of the State of Texas (c) Form of Certificate of Paying Agent/Registrar The following Certificate of Paying Agent/Registrar may be deleted from the Initial Bond if the Comptroller 's Registration Certificate appears thereon. CERTIFICATE OF PAYING AGENT/REGISTRAR The records of the Paying Agent/Registrar show that the Initial Bond of this series of bonds was approved by the Attorney General of the State of Texas and registered by the 18 #4929 796 .1 Town Council Minutes July 14, 2015 Page 107 of 159Town Council Page 113 of 314 Meeting Date: August 11, 2015 DR A F T Comptroller of Public Accounts of the State of Texas, and that this is one of the Bonds referred to in the within-mentioned Ordinance. ____________ ,as Paying Agent/Registrar Dated: -----------By: ______________ _ Authorized Representative (d) Form of Assignment ASSIGNMENT FOR VALUE RECEIVED , the undersigned hereby sells , assigns, and transfers unto (print or typewrite name, address and Zip Code of transferee): ___________ _ (Social Security or other identifying number: the within Bond and all rights hereunder and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration hereof, with full power of substitution in the premises. Dated: Signature Guaranteed By: NOTICE: The signature on this Assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular and must be guaranteed in a manner acceptable to the Paying Agent/Registrar. Authorized Signatory (e) The Initial Bond shall be in the form set forth in subsections (a), (b) and (d) of this Section, except for the following alterations : (i) immediately under the name of the Bond, the headings "INTEREST RA TE" and "MATURITY DA TE" shall be completed with the words "As shown below"; (ii) in the first paragraph of the Bond , the words "on the Maturity Date specified above" shall be deleted and the following will be inserted: "on September 1 in each of the years , in the principal installments and bearing interest at the per annum rates in accordance with the following schedule: Year Principal Installment Interest Rate (Information to be inserted from schedule in Section 3 .2 of this Ordinance) 19 #4929796 . l Town Council Minutes July 14, 2015 Page 108 of 159Town Council Page 114 of 314 Meeting Date: August 11, 2015 DR A F T Section 6.3. CUSIP Registration . The Town may , but it not obligated to, secure identification numbers through the CUSIP Service Bureau Division of Standard & Poor's, New York , New York , and may authorize the printing of such numbers on the face of the Bonds. It is expressly provided , however, that the presence or absence of CUSIP numbers on the Bonds shall be of no significance or effect as regards the legality thereof and neither the Town nor the attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed on the Bonds. Section 6.4. Legal Opinion. The approving legal opinion of Bracewell & Giuliani LLP , Bond Counsel , may be printed on the reverse side of each Bond over the certification of the Town Secretary of the Town, which may be executed in facsimile. Section 6.5. Statement oflnsurance. A statement relating to a municipal bond insurance polic y, if any , to be issued for the Bonds may be printed on or attached to each Bond. ARTICLE VII SALE AND DELIVERY OF BONDS , DEPOSIT OF PROCEEDS ; Section 7. I. Sale of Bonds. (a) The Bonds are hereby officially sold and awarded and shall be delivered to the Purchaser, in accordance with the terms and provisions of that certain Purchase Agreement relating to the Bonds between the Town and the Purchaser for a purchase price equal to the par amount of the Bonds. The form and content of such Purchase Agreement are hereby approved , and the Mayor is hereby authorized and directed to execute and deliver the Purchase Agreement to the Purchaser. It is hereby officially found , determined and declared that the terms of this sale are the most advantageous reasonably obtainable. The Bonds shall initiall y be registered in the name of the Purchaser or its designee. (b) All officers of the Town are autho ~ized to execute such documents , certificates and receipts as they may deem appropriate in order to consummate the delivery of the Bonds in accordance with the terms of sale therefor. Further, in connection with the submission of the record of proceedings for the Bonds to the Attorney General of the State of Texas for examination and approval of such Bonds , the appropriate officer of the Town is hereb y authorized and directed to issue a check of the Town payable to the Attorney General of the State of Texas as a nonrefundable examination fee in the amount required by Chapter 1202 , Texas Government Code (such amount to be the lesser of (i) 1/10th of 1 % of the principal amount of the Bonds or (ii) $9 ,500). 20 #4929796 .1 Town Council Minutes July 14, 2015 Page 109 of 159Town Council Page 115 of 314 Meeting Date: August 11, 2015 DR A F T ( c) The obligation of the Purchaser to accept delivery of the Bonds is subject to the Purchaser being furnished with the final , approving opinion of Bracewell & Giuliani LLP , Bond Counsel for the Town, which op.inion shall be dated and delivered the Closing Date. Section 7.2. Control and Delivery of Bonds. (a) The Mayor of the Town is hereby authorized to have control of the Initial Bond and all necessary records and proceedings pertaining thereto pending investigation, examination and approval of the Attorney General of the State of Texas , registration by the Comptroller of Public Accounts of the State of Texas and registration with, and initial exchange or transfer by , the Paying Agent/Registrar. (b) After registration by the Comptroller of Public Accounts of the State of Texas , delivery of the Bonds shall be made to the Purchaser under and subject to the general supervision and direction of the Mayor, against receipt by the Town of all amounts due to the Town under the terms of sale . Section 7 .3. Deposit of Proceeds . (a) Proceeds of the Bonds in the amount of $19 ,905,553.75 plus $39 ,446 .25 of lawfully available funds of the Town, shall be deposited to the Escrow Fund pursuant to the Escrow Agreement and, to the extent not otherwise provided for, to pay all expenses arising in connection with the refunding of the Refunded Bonds. (b) The remaining balance received on the Closing Date shall be deposited to a special fund , such moneys to be dedicated and used for paying the costs of issuance. Any amounts remaining after the payment of the costs of issuance shall be deposited to the Interest and Sinking Fund. ARTICLE VIII INVESTMENTS Section 8.1. Investments. (a) Money in the Interest and Sinking Fund created by this Ordinance , at the Town 's option, may be invested in such securities or obligations as permitted under applicable law. (b) Any securities or obligations in which money is so invested shall be kept and held in trust for the benefit of the Owners and shall be sold and the proceeds of sale shall be timely applied to the making of all payments required to be made from the fund from which the investment was made . Section 8.2. Investment Income. Interest and income derived from investment of the Interest and Sinking Fund shall be credited to such Fund. 21 #49297 96. I Town Council Minutes July 14, 2015 Page 110 of 159Town Council Page 116 of 314 Meeting Date: August 11, 2015 DR A F T ARTICLE IX PARTICULAR REPRESENTATIONS AND COVENANTS Section 9 .1. Payment of the Bonds. On or before each Interest Payment Date for the Bonds and while any of the Bonds are outstanding and unpaid , there shall be made available to the Paying Agent/Registrar, out of the Interest and Sinking Fund , money sufficient to pay such interest on and principal of the Bonds as will accrue or mature on the applicable Interest Payment Date or date of prior redemption. Section 9.2. Other Representations and Covenants. (a) The Town will faithfully perform at all times any and all covenants , undertakings , stipulations , and provisions contained in this Ordinance and in each Bond ; the Town will promptly pay or cause to be paid the principal of and interest on each Bond on the dates and at the places and manner prescribed in such Bond ; and the Town will , at the times and in the manner prescribed by this Ordinance , deposit or cause to be deposited the amounts of mone y specified by this Ordinance. (b) The Town is duly authorized under the laws of the State of Texas to issue the Bonds; all action on its part for the creation and issuance of the Bonds has been dul y and effectively taken ; and the Bonds in the hands of the Owners thereof are and will be valid and enforceable obligations of the Town in accordance with their terms . Section 9.3. Provisions Concerning Federal Income Tax Exclusion. The Town intends that the interest on the Bonds be excludable from gross income for federal income tax purposes pursuant to sections 103 and 141 through 150 of the Code and the applicable Treasury Regulations promulgated thereunder (the "Regulations "). The Town covenants and agrees not to take an y action, or omit to take any action within its control , that if taken or omitted , respectively , would cause (i) the interest on the Bonds to be includable in gross income, as defined in Section 61 of the Code , for federal income tax purposes or (ii) result in the violation of or failure to satisfy any provision of sections 103 and 141 through 150 of the Code and the applicable Regulations. In particular, the Town covenants and agrees to compl y with each requirement of Sections 9.3 through 9.14 , inclusive ; provided , however, that the Town will not be required to comply with any particular requirement of Sections 9 .3 through 9 .14 , inclusive , if the Town has received an opinion of nationally recognized bond counsel ("Counsel 's Opinion ") that (i) such noncompliance will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Bonds or (ii) compliance with some other requirement set forth in Sections 9 .3 through 9 .14 , inclusive , will satisfy the applicable requirements of the Code and the Regulations , in which case compliance with such other requirement specified in such Counsel 's Opinion will constitute compliance with the corresponding requirement specified in Sections 9 .3 through 9 .14 , inclusive. 22 #4929796 .1 Town Council Minutes July 14, 2015 Page 111 of 159Town Council Page 117 of 314 Meeting Date: August 11, 2015 DR A F T Section 9.4. No Private Use or Payment and No Private Loan Financing. The Town covenants and agrees that it will make such use of the proceeds of the Bonds, including interest or other investment income derived from Bond proceeds, regulate the use of property financed, directly or indirectly, with such proceeds, and take such other and further action as may be required so that the bonds will not be "private activity bonds" within the meaning of Section 141 of the Code and the Regulations promulgated thereunder. Moreover, the Town will certify, through an authorized officer, employee or agent, based upon all facts and estimates known or reasonably expected to be in existence on the date the Bonds are delivered , that the proceeds of the Refunded Bonds have not been and the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be "private activity bonds" within the meaning of Section 141 of the Code and the Regulations promulgated thereunder. Section 9.5. No Federal Guaranty . The Town covenants and agrees not to take any action, or knowingly omit to take any action within its control, that, if taken or omitted, respectively, would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code and the applicable Regulations thereunder, except as permitted by Section 149(b)(3) of the Code and such Regulations. Section 9.6. No Hedge Bonds. The Town covenants and agrees not to take any action, or knowingly omit to take any action, within its control, that, if taken or omitted , respectively, would cause the Bonds to be "hedge bonds " within the meaning of Section 149(g) of the Code and the applicable Regulations thereunder. Moreover, the Town will certify, through an authorized officer, employee or agent, based upon all facts and estimates known or reasonably expected to be in existence on the date the Bonds are delivered, that the proceeds of the Refunded Bonds have not been used in a manner that would cause the Refunded Bonds or the Bonds to be "hedge bonds" within the meaning of section 149(g) of the Code and the Regulations promulgated thereunder. Section 9.7. No Arbitrage. The Town covenants and agrees that it will make such use of the proceeds of the Bonds, including interest or other investment income derived from Bond proceeds, regulate investments of proceeds of the Bonds, and take such other and further action as may be required so that the Bonds will not be "arbitrage bonds" within the meaning of Section 148(a) of the Code and the applicable Regulations promulgated thereunder. Moreover, the Town will certify, through an authorized officer, employee or agent , that, based upon all facts and estimates known or reasonably expected to be in existence on the date the Bonds are delivered, that the proceeds of the Refunded Bonds have not been and the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148( a) of the Code and the Regulations promulgated thereunder. 23 #49 29796 .1 Town Council Minutes July 14, 2015 Page 112 of 159Town Council Page 118 of 314 Meeting Date: August 11, 2015 DR A F T Section 9.8. Arbitrage Rebate. If the Town does not qualify for an exception to the requirements of Section 148( f) of the Code, the Town will take all necessary steps to comply with the requirement that certain amounts earned by the Town on the investment of the "gross proceeds" of the Bonds (within the meaning of Section 148(f)(6)(B) of the Code), be rebated to the federal government. Specifically, the Town will (i) maintain records regarding the investment of the gross proceeds of the Bonds as may be required to calculate the amount earned on the investment of the gross proceeds of the Bonds separately from records of amounts on deposit in the funds and accounts of the Town allocable to other bond issues of the Town or moneys that do not represent gross proceeds of any bonds of the Town, (ii) determine at such times as are required by the applicable Regulations , the amount earned from the investment of the gross proceeds of the Bonds that is required to be rebated to the federal government, and (iii) pay, not less often than every fifth anniversary date of the delivery of the Bonds , or on such other dates as may be permitted under the Regulations , all amounts required to be rebated to the federal government. Further, the Town will not indirectly pay any amount otherwise payable to the federal government pursuant to the foregoing requirements to any person other than the federal government by entering into any investment arrangement with respect to the gross proceeds of the Bonds that might result in a reduction in the amount required to be paid to the federal government because such arrangement results in a smaller profit or a larger loss than would have resulted if the arrangement had been at arm's length and had the yield on the issue not been relevant to either party. Section 9.9. Information Reporting. The Town covenants and agrees to file or cause to be filed with the Secretary of the Treasury , not later than the 15th day of the second calendar month after the close of the calendar quarter in which the Bonds are issued, an information statement concerning the Bonds , all under and in accordance with Section 149(e) of the Code and the Regulations promulgated thereunder. Section 9.10. Record Retention. The Town will retain all pertinent and material records relating to the use and expenditure of the proceeds of the Refunded Bonds and the Bonds until three years after the last Bond is redeemed , or such shorter period as authorized by subsequent guidance issued by the Department of Treasury, if applicable. All records will be kept in a manner that ensures their complete access throughout the retention period. For this purpose , it is acceptable that such records are kept either as hardcopy books and records or in an electronic storage and retrieval system , provided that such electronic system includes reasonable controls and quality assurance programs that assure the ability of the Town to retrieve and reproduce such books and records in the event of an examination of the Bonds by the Internal Revenue Service. Section 9.11. Registration. The Bonds will be issued in registered form . 24 #492 9 796 .1 Town Council Minutes July 14, 2015 Page 113 of 159Town Council Page 119 of 314 Meeting Date: August 11, 2015 DR A F T Section 9 .12. Deliberate Actions. The Town will not take a deliberate action (as defined in section 1.141-2(d)(3) of the Regulations) that causes the Bonds to fail to meet any requirement of section 141 of the Code after the issue date of the Bonds unless an appropriate remedial action is permitted by section 1.141-12 of the Regulations and a Counsel's Opinion is obtained that such remedial action cures any failure to meet the requirements of section 141 of the Code. Section 9 .13. Continuing Obligation. Notwithstanding any other provision of this Ordinance, the Town's obligations under the covenants and provisions of Sections 9.3 through 9.14, inclusive, shall survive the defeasance and discharge of the Bonds for as long as such matters are relevant to the exclusion from gross income of interest on the Bonds for federal income tax purposes. ARTICLE X DEFAULT AND REMEDIES Section 10 .1. Events of Default. Each of the following occurrences or events for the purpose of this Ordinance is hereby declared to be an Event of Default: (i) the failure to make payment of the principal of or interest on any of the Bonds when the same becomes due and payable; or (ii) default in the performance or observance of any other covenant, agreement or obligation of the Town, which default materially and adversely affects the rights of the Owners, including but not limited to, their prospect or ability to be repaid in accordance with this Ordinance, and the continuation thereof for a period of sixty (60) days after notice of such default is given by any Owner to the Town. Section 10.2. Remedies for Default. (a) Upon the happening of any Event of Default, then any Owner or an authorized representative thereof, including but not limited to, a trustee or trustees therefor, may proceed against the Town for the purpose of protecting and enforcing the rights of the Owners under this Ordinance, by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including the specific performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation of any right of the Owners hereunder or any combination of such remedies . (b) It is provided that all such proceedings shall be instituted and maintained for the equal benefit of all Owners of Bonds then outstanding. 25 #4929796 .1 Town Council Minutes July 14, 2015 Page 114 of 159Town Council Page 120 of 314 Meeting Date: August 11, 2015 DR A F T Section 10.3. Remedies Not Exclusive. (a) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or under the Bonds or now or hereafter existing at law or in equity ; provided , however, that notwithstanding any other provision of this Ordinance, the right to accelerate the debt evidenced by the Bonds shall not be available as a remedy under this Ordinance. (b) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy . ARTICLE XI DISCHARGE Section 11.1. Discharge. The Bonds may be defeased, discharged or refunded m any manner permitted by applicable law. ARTICLE XII REDEMPTION OF OB LI GA TIO NS; APPROVAL OF ESCROW AGREEMENT; PURCHASE OF SECURITIES Section 12 .1. Escrow Agreement. The Escrow Agreement, in substantially the form presented at this meeting, and its execution and delivery by the Mayor is hereby authorized and approved. The signature of the Mayor shall be attested by the Town Secretary. Section 12.2. Purchase of Securities. The Mayor and the Town Manager are each hereby authorized to make necessary arrangements for the purchase of the Securities referenced in the Escrow Agreement, as may be necessary for the Escrow Fund and any application for the acquisition of the Securities is hereby approved and ratified. Section 12.3. Redemption and Payment of Refunded Bonds. The Refunded Bonds are hereby called for redemption or payment, as applicable, and shall be paid on their payment date or redeemed prior to their stated maturities on the redemption date and at the redemption price specified in Schedule I attached hereto . Following the deposit to the Escrow Fund pursuant to the Escrow Agreement, as herein specified, the Refunded Bonds shall be payable solely from and secured by the cash and securities on deposit pursuant to the Escrow Agreement. 26 #49297 96 .1 Town Council Minutes July 14, 2015 Page 115 of 159Town Council Page 121 of 314 Meeting Date: August 11, 2015 DR A F T Section 12.4. Notice of Deposit and Redemption. The Town Secretary is hereby authorized to cause notice of redemption to be given to the respective paying agent/registrar for the Refunded Bonds by delivery of a certified copy of this Ordinance. Each paying agent/registrar for the Refunded Bonds is hereby authorized and directed to give notice of deposit and notice of redemption with respect to the Refunded Bonds as required under the ordinance pursuant to which the Refunded Bonds were issued. ARTICLE XIII AMENDMENTS Section 13 .1. Amendments. This Ordinance shall constitute a contract with the Owners, be binding on the Town, and shall not be amended or repealed by the Town so long as any Bond remains outstanding except as permitted in this Section. The Town may, without consent of or notice to any Owners, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Owners, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the Town may, with the written consent of the Owners of the Bonds holding a majority in aggregate principal amount of the Bonds then outstanding, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Owners of outstanding Bonds, no such amendment, addition, or rescission shall (i) extend the time or times of payment of the principal of and interest on the Bonds, reduce the principal amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of or interest on the Bonds, (ii) give any preference to any Bond over any other Bond, or (iii) reduce the aggregate principal amount of Bonds required to be held by Owners for consent to any such amendment, addition, or rescission. ARTICLE XIV MISCELLANEOUS Section 14.1. Changes to Ordinance. The Mayor, Town Manager and Director of Finance, in consultation with Bond Counsel, are each hereby authorized to make changes to the terms of this Ordinance if necessary or desirable to carry out the purposes hereof or in connection with the approval of the issuance of the Bonds by the Attorney General of Texas. Section 14.2. Partial Invalidity. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of the Ordinance. 27 #4929796.1 Town Council Minutes July 14, 2015 Page 116 of 159Town Council Page 122 of 314 Meeting Date: August 11, 2015 DR A F T Section 14.3. No Personal Liability . No recourse shall be had for payment of the principal of or interest on any Bonds or for any claim based thereon , or on this Ordinance, against any official or employee of the Town or any person executing any Bonds . ARTICLE XV EFFECTIVE IMMEDIATELY Section 15.1. Effective Immediately. This Ordinance shall become effective immediately upon its adoption at this meeting pursuant to Section 1201.028 , Texas Government Code. 28 #4929 796 . I Town Council Minutes July 14, 2015 Page 117 of 159Town Council Page 123 of 314 Meeting Date: August 11, 2015 DR A F T PASSED AND APPROVED this JLJ-fhctay of July, 2015. Mayor Town of Trophy Club, Texas ATTEST: Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club , Texas Bond Counsel Town of Trophy Club , Texas Signature Page to Ordinance Authorizing Issuance of General Obligation Refunding Bonds Series 2015 Town Council Minutes July 14, 2015 Page 118 of 159Town Council Page 124 of 314 Meeting Date: August 11, 2015 DR A F T Original Dated Date 511 /2007 SCHEDULE I SCHEDULE OF REFUNDED BONDS General Obligation Bonds, Serie s 2007 Original Maturity Date 9/1 /2019 911 /2 020 9/1/2021 911 /2022 9/1 /2023 9/1 /2 024 9/1 /2025 9/1 /2 026 9/1/2027 Interest Rates 4.000 % 4.125 4.150 4 .2 50 4 .2 50 4 .300 4.375 4.400 4.400 Amount Refunded $170 ,000 180 ,000 185 ,000 195 ,000 205 ,000 215 ,000 220 ,000 235 ,000 245,000 $1.850.000 The 2019-2 02 7 maturities w ill be redeemed prior to original matur ity on September I , 2017 at par. Sch edule 1-1 #4929796 .1 Town Council Minutes July 14, 2015 Page 119 of 159Town Council Page 125 of 314 Meeting Date: August 11, 2015 DR A F T ATTACHMENT H Fire/EMS Consolidation Presentation Town Council Minutes July 14, 2015 Page 120 of 159Town Council Page 126 of 314 Meeting Date: August 11, 2015 DR A F T Trophy Club Fire/EMS Consolidation 6-16-15 Town Council Minutes July 14, 2015 Page 121 of 159Town Council Page 127 of 314 Meeting Date: August 11, 2015 DR A F T TC Fire/EMS Consolidation Overview •Priorities •Options •Data Examined •General Observations •Conclusions –By Option –Overall •Recommendation 6-16-15 Town Council Minutes July 14, 2015 Page 122 of 159Town Council Page 128 of 314 Meeting Date: August 11, 2015 DR A F T TC Fire/EMS Consolidation Priorities •Maintain the high standards and tactical service levels –Skill levels –Response Times –Professionalism •Best overall Trophy Club Decision –Residents –Tactically –Strategically •Financially Feasible –Residents –Town –MUD 6-16-15 Town Council Minutes July 14, 2015 Page 123 of 159Town Council Page 129 of 314 Meeting Date: August 11, 2015 DR A F T TC Fire/EMS Consolidation Options •The Town Absorbs the Fire Service •The MUD Absorbs EMS •Restore and Enhance the original structure 6-16-15 Town Council Minutes July 14, 2015 Page 124 of 159Town Council Page 130 of 314 Meeting Date: August 11, 2015 DR A F T Data Examined •Financial –Tax revenue for both MUD and Town –The possibility of consolidation savings –Tax rate delta’s •Input –Town Manager –MUD General Manager •Applicable State codes –Municipal –Water 6-16-15 Town Council Minutes July 14, 2015 Page 125 of 159Town Council Page 131 of 314 Meeting Date: August 11, 2015 DR A F T General Observations •Fire/EMS operate today as a contiguous unit, there are no operational savings if its funding continues under the current MUD/Town revenue arrangement. •There are budgetary savings for the Town, if the TCMUD acquires the EMS operation. •The original Fire/EMS executive structure was created as a joint effort by both MUD and Town entities for operational and financial benefits to residents and district customers . •Today’s Trophy Club Fire/EMS executive structure is not aligned as written in the ILA •Issues are a result of a lack direction and understanding of the documented polices and the enforcement of these. 6-16-15 Town Council Minutes July 14, 2015 Page 126 of 159Town Council Page 132 of 314 Meeting Date: August 11, 2015 DR A F T The Town Absorbs the Fire Service Financial Impact –A Fire Department acquisition by the Town, would increase the Town’s Tax rates over the next ten years by an average of 9.83 cents per year. –Compared to the TCMUD’s average Tax rate for Fire for the next ten years of 4.67 cents. –A Town acquisition of the Fire Department means an average 5.16 cents net increase to the Town residents for Fire protection or an increased tax burden of $8,289,448 over the next ten years. –The Town would owe the TCMUD $5,374,270 for the purchase of the Fire Department assets and reserve replenishment revenue terminated. –Firefighters would have no change in their retirement and benefit packages. 6-16-15 Town Council Minutes July 14, 2015 Page 127 of 159Town Council Page 133 of 314 Meeting Date: August 11, 2015 DR A F T The MUD Absorbs EMS Financial Impact –A EMS Department acquisition by the TCMUD, would decrease the Town’s Tax rates over the next ten years by an average of 2.22 cents per year. –The average projected TCMUD’s EMS tax rate for the next ten years is 3.16 cents, while the projected average Town Tax rate directly due to EMS for the next ten years is 5.38 cents. –The impact over the next ten years to the Town is a tax savings of $3,425,242. –The TCMUD would owe the Town an estimated $110,000 for the purchase of its EMS assets at Fair Market Value. –Firefighters would become District employees covered by the TCDRS retirement plan and TCMUD’s medical coverage. The result would be an annual $57,407 reduction in retirement costs and an increase of $23,364 in benefit expenses coverage to the District. 6-16-15 Town Council Minutes July 14, 2015 Page 128 of 159Town Council Page 134 of 314 Meeting Date: August 11, 2015 DR A F T Restore & Enhance the Original Structure •Financial –Funding continues as is •Fire by the MUD •EMS by the Town •Plan goals and objectives set jointly by both the MUD General Manager and Town Manager •Town Manager or MUD General Manager oversees the implementation of the plan and overall EMS and FIRE operations •Exposures –Without monitoring we could fall back into the same situation 6-16-15 Town Council Minutes July 14, 2015 Page 129 of 159Town Council Page 135 of 314 Meeting Date: August 11, 2015 DR A F T General Conclusions •It may be politically preferable to consolidate total funding and responsibility for Fire/EMS. –It is not fiscally feasible at this time on the Town side. –The Town Council must evaluate the financial benefit of moving the EMS to the MUD. •The original Fire/EMS executive structure was created as a joint effort by both MUD and Town entities for operational and financial benefits to residents and district customers . •Today the Fire/EMS ILA as written is not followed or enforced with the intent it was drafted. •Issues are a result of a lack direction and understanding of the documented polices and the enforcement of these. •The reality, for the foreseeable future, is that the MUD has a broader taxing base not attainable by the Town. 6-16-15 Town Council Minutes July 14, 2015 Page 130 of 159Town Council Page 136 of 314 Meeting Date: August 11, 2015 DR A F T TC Fire/EMS Consolidation Recommendations •If the EMS is not consolidated under the MUD, the District & Council must Restore and Enhance the current ILA agreement that can be agreed to and followed by all. •The Inter Local Agreement between the MUD and Town must be restructured to include –The Town remains fiscally responsible for EMS –The MUD remains fiscally responsible for Fire –The Town Manager or MUD GM oversees the daily operations of both Fire and EMS –Both MUD’s General Manager and Town Manager oversee and approve respective budget –The MUD’s General Manager and Town Manager jointly develop the Fire / EMS combined SOP’s and performance objectives. The performance objectives will be incorporated in the Fire Chief annual performance plans and reviewed quarterly. –The Town and MUD Managers’ performance plans must be amended to reflect these items –The Fire Chief reports to the Town Manager or MUD General Manager for both Fire and EMS operations but must take direction from the other entity manager for those items pertaining to responsibility for EMS or Fire. –Provide the appropriate level for annual review for SOP’s compliance and performance of EMS and Fire operations. 6-16-15 Town Council Minutes July 14, 2015 Page 131 of 159Town Council Page 137 of 314 Meeting Date: August 11, 2015 DR A F T ATTACHMENT I Partially Executed –Interlocal Agreement with NISD for School Resource Officer Town Council Minutes July 14, 2015 Page 132 of 159Town Council Page 138 of 314 Meeting Date: August 11, 2015 DR A F T STATE OF TEXAS § § § § lnterlocal Agreement by and between The Town of Trophy Club, Texas and Northwest Independent School District for School Resource Officer This Agreement is entered into upon the date of the last party's signature to th is Agreement and is between the Town of Trophy Club , Texas , a home rule municipal corporation located in Denton and Tarrant Counties (hereinafter referred to as the "Town"), and Northwest Independent School District , A Texas District located in Denton , Tarrant and Wise Counties , Texas (hereinafter referred to as the "District"). The Town and District made the following findings in entering into th is Agreement: WHEREAS , th is Agreement for School Resource Officer (SRO) Services is made pursuant to the authority granted to the parties pursuant to Texas Government Code 791 .001 - 791.0029 , known as the lnterlocal Cooperation Act ; and WHEREAS , the expense of any payments of performance required by this Agreement shall come from current revenues legally available to the parties ; and WHEREAS , the subject of this Agreement is necessary for the benefit of the public and the students and each party , and the performance and payment provided fairly compensates both parties ; WHEREAS , the goals of the SRO Program are as follows : 1. Provision of security and protection of District's students, staff, and property . 2. Reduction of criminal offenses committed by juveniles and young adults. 3. Establish rapport with the students . 4 . Establish rapport with the parents , faculty , staff, administrators and other adults . 5. Create and expand programs with vision and creativity to increase student participation , which will benefit the students , the District, the Police Department , and the community. 6 . Present positive role models for students . NOW, THEREFORE , for and in consideration of the mutual undertakings hereinafter set forth and for adequate consideration given, the parties agree to cooperate in securing the placement of one (1) School Resource Officer for the District as follows : SRO NISD FY 20 15-2016 Agreement Town Council Minutes July 14, 2015 Page 133 of 159Town Council Page 139 of 314 Meeting Date: August 11, 2015 DR A F T I. Town Obligations The Town agrees to provide one (1) fully-qualified, licensed peace officer who will be assigned by the Town to serve as a School Resource Officer assigned to the District. The Town agrees to supply any and all necessary equipment , including but not limited to uniforms , radio, computer and any other personal defense equipment for the School Resource Officer. The Town agrees to provide all of the above to the District , for the consideration provided in section V below. If the SRO cannot report for duty and will be absent for a day or partial day the Town shall notify the District liaison, via email, notifying that the SRO is not going to be reporting for duty and the name of the substitute Officer. If the Town cannot provide an officer, the funding will be adjusted as outlined in section V . II. Duties of School Resource Officer 2.01 Duties. While on duty for the District, the School Resource Officer shall perform and otherwise fulfill the following duties and obligations including, but not limited to the following : • Work closely with campus and District staff to provide a safe and secure learning environment. • Act as a resource person in the area of law enforcement education. • Cooperate and assist, in any manner assigned in compliance with the law by the District , in any District efforts , programs, or classes to educate students on law enforcement and criminal justice issues . • Make arrests and referrals of criminal law violators within the discretion of the School Resource Officer. Although the SRO has been placed in a formal education environment , they are not relieved of their official duties as enforcement officers . Decisions to intervene normally will be made when it is necessary to prevent violence , a breach of the peace , personal injury or loss of property . Citations should be issued and arrests made when appropriate and in accordance with Town Police Department policies and procedures. • Conduct or assist in criminal investigations of violations of law on District property. • Provide a law enforcement resource when necessary to maintain the peace on the District's property and campuses . SRO NISD FY2015 -2 016 Agreement Town Council Minutes July 14, 2015 Page 134 of 159Town Council Page 140 of 314 Meeting Date: August 11, 2015 DR A F T • Take enforcement action on criminal offenses when appropriate and in accordance with Town Police Department policies and procedures. • Wear an approved police uniform while on duty , or other apparel as approved by the Chief of Police. • Perform other duties requested by the District so long as the performance of such duties is legitimately and reasonably related to the purposes of this Agreement and so long as such duties are consistent with state and federal law and the policies and procedures of the District and the Town . • Follow and conform to all policies and procedures of the District that do not conflict with the policies and procedures of the Town. The parties to this Agreement shall abide by all rules, regulations and procedures as outlined in the Civil Rights Act. • Assist and evaluate with the implementation of security programs at the request of the District. • Coordinate with school administrators, staff, other law enforcement agencies and courts to promote order and security on District campuses and property . • Accompany and provide a secure environment for students and District personnel on curricular and extracurricular trips inside and outside of the District. • Attend and provide a secure environment at any school-related events and functions including but not limited to , sporting events, class dances and socials, and other social or educational gatherings within District campuses and property . • Counsel with parents and staff as necessary. • Coordinate directly with campus principals regarding the individual needs of their campus or the District. • Use a common sense approach to enforcement and conduct self in a professional manner. • Report all situations involving violence or other dangerous situations to the District Superintendent or designee as soon as possible . • Advise students on responsibilities and procedures concerning criminal matters. SRO NISD FY2015-2016 Agreement Town Council Minutes July 14, 2015 Page 135 of 159Town Council Page 141 of 314 Meeting Date: August 11, 2015 DR A F T • Help resolve issues between students that involve matters that may result in criminal violations, disturbances or disruptions. • Maintain confidentiality of student information in compliance with the Family Education Rights and Privacy Act ("FERPA"). If at some point, the work schedule of the School Resource Officer does not fulfill the full -time requirements of a Town employee , the Town retains the right to direct the activities of the School Resource Officer in order to comply with the full-time requirements. 2.02. Property Damage . To the extent provided by law , the Town or its Police Department will not under any circumstances be responsible for any property belonging to the District , it's officers, members, agents , employees , subcontractors , program participants , licensees or invitees , which may be lost, stolen , destroyed or in any way damaged as a result of the action or inaction of the School Resource Officer. Ill. Assignments A School Resource Officer is an employee of the Town. This Agreement includes one (1) School Resource Officer. The function of a School Resource Officer is to act as an educator, counselor , and law enforcement official on the campuses and property of the District. The School Resource Officer will be a licensed peace officer under the laws of the State of Texas. The Town will select the officer from the eligible applicants for employment. The District will provide input to the Town regarding the selection, with the final decision regarding employment being the Town's decision . Town affirms it has complied or will comply , prior to the performance of any work for District , with the requirements regarding criminal background checks as provided under Texas Education Code , Chapter 22. This law requires the independent contractor to obtain all criminal history record information on all persons to whom the law applies through the Texas Department of Public Safety (DPS) clearinghouse . This process includes fingerprinting in order to submit the individuals to a national check. Town must certify to District that the Town has received all criminal history record information on all SROs , and that there were no positive hits. The cost of this requirement is to be paid by the Town . The District will have the authority to create and modify work schedules and make job assignments while the officer is on-duty at a District campus or property . For school year 2015- 2016, the School Resource Officer is expected to be at his or her daily assignment at 8:00 am and expected to remain working with District campuses, students, staff and parents until 4:00 pm daily, each day school is in session , unless the hours are adjusted to accommodate SRO NISD FY2015 -2016 Agreement Town Council Minutes July 14, 2015 Page 136 of 159Town Council Page 142 of 314 Meeting Date: August 11, 2015 DR A F T other District assignments. The District will work with the SRO to manage their time , as to not accrue District-initiated overtime for specific District requests . Any conflict of such schedules or assignments will be referred to the Town and District Liaisons for resolution . While the SRO is a police officer who reports to the Chief of Police or his designee , it is also expected that the SRO will serve as contracted services to the District and is , therefore , subject to campus assignment or temporary reassignment by the District Superintendent or his designee based on the needs of the District. IV. District Obligations The District shall provide the following : • Office space at Medlin Middle School and Byron Nelson High School ; • Computer, telephone , and other office equipment as needed by the School Resource Officer for the performance of their duties hereunder; • Provide access and encourage classroom participation by the SRO; • Provide the SRO with information and training on school procedures and policies ; • Provide the opportunity for the SRO to address teachers and administrators about the SRO Program , goals and objectives ; • Seek input from the SRO regarding criminal justice problems relating to students ; • Notify the Chief of Police immediately if a conflict arises between the SRO and a District representative ; • Allow campus principals to coordinate directly with the SRO regarding the individual needs of their campus . • Provide SRO with access , including compute r access , to student records pursuant to the Family Education Rights and Privacy Act (34 CFR § 99 .31) for the purpose of criminal investigation of criminal acts committed by students , if and only if, investigating on behalf of the District and in furtherance of the duties as an SRO , not as an employee of the Trophy Club Police Department. v. Funding/Consideration Funding for the School Resource Officer services provided by Town shall be provided as follows : In consideration of the services provided and cross promises hereunder, for the school year 2015-2016 , the District shall pay the Town an amount not to exceed FIFTY FOUR THOUSAND ONE HUNDRED AND EIGHTY SEVEN AND N0/100 DOLLARS ($54, 187.00) for the maintenance of the School Resource Officer. Notwithstanding the contribution of funds from SRO NISD FY 2 015-2 016 Agreement Town Council Minutes July 14, 2015 Page 137 of 159Town Council Page 143 of 314 Meeting Date: August 11, 2015 DR A F T the District , the Town shall remain responsible for the balance of the funding required to maintain the officer's salary and standard Town employee benefits package . At all times under this Agreement , and not withstanding any contribution of funds by the District, the Town shall remain responsible for the withholding of income taxes and Social Security , and for workers compensation , disability benefits , and insurance requirements for the School Resource Officer in accordance with the Town's standard employee benefits package then in existence. The Town will also ensure that the District remains listed as an additional insured on any policy covering the officer's activities and duties. If the SRO cannot report to an NISD campus for duty , the Town shall provide another officer to fill in to perform the duties of the SRO in their absence. If an officer cannot be provided the daily rate (contracted amount above divided by 177 school days) will be deducted from the contracted amount for each day service is not provided by the Town. Funding for renewal years , if applicable , shall be provided no later than February 29 , 2016 in accordance with the terms of this Agreement. VI. Term/Termination The term of this Agreement shall be in effect for the 2015-2016 school year with an initial term of one (1) year commencing on or about August 1, 2015 and ending on or about July 31 , 2016 (hereinafter "Initial Term"). After the Initial term, this Agreement may be renewed annually for five (5) additional terms of one (1) year each by written agreement of the parties approved by the respective governing bodies unless otherwise terminated as provided herein . VII. Replacement The District may , for cause , request a replacement of the School Resource Officer. Such a request shall be made through the Town's Chief of Police , shall be in writing and shall set forth the basis for the request. A replacement School Resource Officer shall be provided as soon as possible giving due consideration for the Town's staffing level and time required to complete the outside hiring process as necessary . The Town shall have the authority to change personnel serving as the School Resource Officer at any time, and in accordance with Section Ill , Assignments of this Agreement. In the event that the Town changes such personnel for any reason other than termination of the individual serving as School Resource Officer , Town shall provide written notice to District of such personnel change . SRO NISD FY2015 -2016 Ag r eement Town Council Minutes July 14, 2015 Page 138 of 159Town Council Page 144 of 314 Meeting Date: August 11, 2015 DR A F T VIII. Notices Notice to the Town shall be accomplished by registered or certified United States Mail , postage prepaid , return receipt requested and addressed as follows : Town Manager Town of Trophy Club 100 Municipal Drive Trophy Club , Texas 76262 Notice to the District shall be accomplished by registered or certified United States Mail , postage prepaid , return receipt requested and addressed as follows : Superintendent of Schools Northwest Independent School District P.O . Box 77070 Fort Worth , Texas 76117 IX. Town Employee The School Resource Officer shall at all times remain employees of the Town subject to the personnel policies of the Town and General Manual of the Trophy Club Police Department. Subject to Section Ill of this Agreement , the District shall have the authority to make decisions regarding the officer's assignment and schedule while on-duty at a District campus or property . Town is and at all times shall be deemed to be an independent contractor. Nothing herein shall be construed as creating the relationship of employer and employee , or principal and agent, between District and Town or any of Town 's agents or employees . Town assumes responsibility for the acts of its employees as they relate to the services provided during the course and scope of their employment. Town , its agents and employees , shall not be entitled to any rights or privileges of District employees and shall not be considered in any manner to be District employees . x. Governmental Immunity Neither the Town nor the District waives or relinquishes any governmental immunities or defenses on behalf of themselves , their trustees , officers , employees and agents as a result of the execution of this Agreement and the performance of the functions or obligations hereunder. Both parties agree that the services provided hereunder are exclusively governmental functions . SRO N ISD FY20 15-2016 Agreement Town Council Minutes July 14, 2015 Page 139 of 159Town Council Page 145 of 314 Meeting Date: August 11, 2015 DR A F T XI. Workers Compensation The Town shall provide , during the term of this Agreement , worker's compensation insurance in the amounts as required by Texas state law, for all Town employees engaged in work under this Agreement. As to all other insurance provided by Town , it shall provide the District with documentation indicating such coverage prior to the beginning of any activities under this Agreement. XII. Termination This agreement may be terminated by either party at its sole option and without prejudice by giving sixty (60) days written notice of termination to the other party . Upon termination of this Agreement , the Town will assume any and all fiscal responsibilities from and after the effective date of termination. XIII. Miscellaneous 13.01. Venue. This Agreement is made in Texas and shall be construed , interpreted and governed by Texas laws , and venue for any disputes or actions arising hereunder shall be exclusive in Denton County , Texas. 13.02. No Third Party Beneficiaries. By entering into this Agreement , the parties do not intend to create any rights or obligations other than those specifically set forth herein and this Agreement shall not create any rights in persons not a party to this Agreement , including without limitation , any individual serving hereunder as the School Resource Officer. 13.03. Authority to Bind. The undersigned officer and or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto , and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. 13.04. Modifications. All modifications to this Agreement shall be in writing and approved by the respective governing body for each party. 13.05 Entire Agreement. This Agreement embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein and , except as otherwise provided herein , cannot be modified without written agreement of the parties as provided herein. SRO NISD FY2015 -20 16 Agreement Town Council Minutes July 14, 2015 Page 140 of 159Town Council Page 146 of 314 Meeting Date: August 11, 2015 DR A F T 13.06. Waiver. No waiver of a breach or any provision of this agreement by either party shall constitute a waiver of any subsequent breach of such provision . Failure of either party to enforce at any time , or from time to time , any provisions of this Agreement shall not be construed as a waiver thereof. 13.07. Severability. If any of the terms , sections , subsections , sentences , clauses , phrases , provisions , covenants , conditions or any other part of this Agreement are for any reason held to be invalid , void or unenforceable , the remainder of the terms , sections , subsections , sentences , clauses , phrases , provisions , covenants , conditions or any other part of th is Agreement shall remain in full force and effect and shall in no way be affected , impa ired or invalidated . 13.08. Independent Contractor. Each party covenants and agrees that it is an independent contractor and not an officer, agent , servant or employee of the other party ; that subject to the terms of this Agreement , Town shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same , and shall be responsible for the acts and omissions of it officers, agents, employees , contractors , subcontractors and consultants . Nothing herein shall be construed as creating a partnership or joint enterprise between Town and District. 13.09. Contract Performance Reviews. Each party agrees to meet periodically in order to review contract performance of sections I, II , Ill , IV and V. The purpose of the meeting is to ensure that each party 's provided services and job performance are meeting expectations of the other party . The meeting will include the District Liaison and the School Resource Officer's immediate supervisor within the police department. At a minimum , the District Liaison and the School Resource Officer's immediate supervisor will meet once in October and once in February of each academic school year. 13.10 Assignment. Neither party shall assign , transfer, or sub-contract any of its rights , burdens , duties or obligations under this agreement without the prior written permission of the other party to the Agreement. 13.11 Resources. All District provided equipment will be returned at the end of each school year for safe keeping , inventory , maintenance and service. XIV. Liability Any claims by third parties arising as a result of the enforcement of Local , State , or Federal law , including employment claims, shall be handled by , and be the responsibility of, the Town . Any claims by third parties arising as a result of the enforcement of District policy or procedure shall be handled by , and be the responsibility of the District. SRO N ISD FY2015 -2016 Agreement Town Council Minutes July 14, 2015 Page 141 of 159Town Council Page 147 of 314 Meeting Date: August 11, 2015 DR A F T IN WITNESS WHEREOF, the parties have executed this Contract as of the Dates shown below their respective signatures . NORTHWEST INDEPENDENT SCHOOL DISTRICT Title : Date : ATTEST: APPROVED AS TO FORM : TOWN~~TEXAS By :~~ I /14/15 J I Mayor: C. Nick Sanders Date: ATTEST : APPROVED AS TO FORM : Tuut n52Jda,u&1 Town Attorney , Patricia Adams SRO NISD FY20 15-2016 Agreement Town Council Minutes July 14, 2015 Page 142 of 159Town Council Page 148 of 314 Meeting Date: August 11, 2015 DR A F T ATTACHMENT J Partially Executed –Interlocal Agreement with NISD for School Resource Officer/Absent Student Assistance Program Town Council Minutes July 14, 2015 Page 143 of 159Town Council Page 149 of 314 Meeting Date: August 11, 2015 DR A F T STATE OF TEXAS § § § § I lnterlocal Agreement by and between The Town of Trophy Club, Texas and Northwest Independent School District for School Resource Officer Services This Agreement is entered into upon the date of the last party's signature to th is Agreement and is between the Town of Trophy Club , Texas , a home rule municipal corporation located in Denton and Tarrant Counties (hereinafter referred to as the "Town"), and Northwest Independent School District, A Texas District located in Denton , Tarrant and Wise Counties , Texas (hereinafter referred to as the "District"). The Town and District made the following findings in entering into this Agreement: WHEREAS , this Agreement for School Resource Officer (SRO) Services is made pursuant to the authority granted to the parties pursuant to Texas Government Code 791 .001 - 791 .0029 , known as the lnterlocal Cooperation Act ; and WHEREAS , the expense of any payments of performance required by this Agreement shall come from current revenues legally available to the parties ; WHEREAS, the subject of this Agreement is necessary for the benefit of the public and the students and each party , and the performance and payment provided fairly compensates both parties ; and WHEREAS , the goals of the SRO Program are as follows : 1. Provision of security and protection of District's students , staff, and property . 2. Reduction of criminal offenses committed by juveniles and young adults . 3. Establish rapport with the students . 4 . Establish rapport with the parents , faculty , staff, administrators and other adults . 5. Create and expand programs with vision and creativity to increase student participation , which will benefit the students, the District, the Police Department , and the community . 6 . Present positive role models for students. NOW, THEREFORE , for and in consideration of the mutual undertakings hereinafter set forth and for adequate consideration given, the parties agree to cooperate in securing the placement of one (1) School Resource Officer for the District as follows : SRO/ASAP NISD FY 2015-2 016 Agreement Town Council Minutes July 14, 2015 Page 144 of 159Town Council Page 150 of 314 Meeting Date: August 11, 2015 DR A F T I. Town Obligations The Town agrees to provide one (1) fully -qualified , licensed peace officer who w i ll be assigned by the Town to serve as a School Resource Officer. The Town agrees to supply any and all necessary equipment, including but not limited to uniforms , radio , computer , and any other personal defense equipment for the School Resource Officer. The Town agrees to provide all of the above to the District , for the consideration provided in section V below. If the SRO cannot report for duty and will be absent for a day or partial day the Town shall notify the District liaison , via email , that the SRO is not going to be reporting for duty and the name of the substitute Officer . If the Town cannot provide an officer, the funding will be adjusted as outlined in section V . II. Duties of School Resource Officer 2.01 Duties. While on duty for the District, the School Resource Officer shall perform and otherwise fulfill the following duties and obligations including , but not limited to the following: • Work closely with campus and District staff to provide a safe and secure learning environment. • Act as a resource person in the area of law enforcement education. • Cooperate and assist , in any manner assigned in compliance with the law by the District , in any District efforts , programs , or classes to educate students on law enforcement and criminal justice issues. • Serve Absent Student Assistance Program (ASAP) requests from all NISD campuses and facilities . This includes follow-up with return reports to the requesting campus within 24 hours . Initial ASAP service attempt must be made the same day as request is received . Make arrests and referrals of criminal law violators within the discretion of the School Resource Officer. Although the SRO has been placed in a formal education environment , they are not relieved of their official duties as enforcement officers . Decisions to intervene normally will be made when it is necessary to prevent violence , a breach of the peace , personal injury or loss of property . Citations should be issued and arrests made when appropriate and in accordance with Town Police Department policies and procedures . • Conduct or assist in criminal investigations of violations of law on District property . SRO/ASAP NISD FY 2015-2016 Agreeme nt Town Council Minutes July 14, 2015 Page 145 of 159Town Council Page 151 of 314 Meeting Date: August 11, 2015 DR A F T • Provide a law enforcement resource when necessary to maintain the peace on the District's property and campuses . • Take enforcement action on criminal offenses when appropriate and in accordance with Town Police Department policies and procedures . • Wear an approved police uniform while on duty, or other apparel as approved by the Chief of Police • Perform other duties requested by the District so long as the performance of such duties is legitimately and reasonably related to the purposes of this Agreement and so long as such duties are consistent with state and federal law and the policies and procedures of the District and the Town. • Follow and conform to all policies and procedures of the District that do not conflict with the policies and procedures of the Town. The parties to this Agreement shall abide by all rules, regulations and procedures as outlined in the Civil Rights Act. • Assist and evaluate with the implementation of security programs at the request of the District. • Coordinate with school administrators , staff, other law enforcement agencies and courts to promote order and security on District campuses and property . • Accompany and provide a secure environment for students and District personnel on curricular and extracurricular trips inside and outside of the District. • Attend and provide a secure environment at any school-related events and functions including but not limited to , sporting events , class dances and socials, and other social or educational gatherings within District campuses and property . • Counsel with parents and staff as necessary. • Coordinate directly with campus principals regarding the individual needs of their campus or the District. • Use a common sense approach to enforcement and conduct self in a professional manner. • Report all situations involving violence or other dangerous situations to the District Superintendent or designee as soon as possible. • Advise students on responsibilities and procedures concerning criminal matters . SRO/ASAP NISD FY2015-2016 Agreement Town Council Minutes July 14, 2015 Page 146 of 159Town Council Page 152 of 314 Meeting Date: August 11, 2015 DR A F T • Help resolve issues between students that involve matters that may result in criminal violations , disturbances or disruptions . • Maintain confidentiality of student information in compliance with the Family Education Rights and Privacy Act ("FERPA"). If at some point , the work schedule of the School Resource Officer does not fulfill the full-time requirements of a Town employee , the Town retains the right to direct the activities of the School Resource Officer in order to comply with the full-time requirements . 2.02. Property Damage . To the extent provided by law, the Town or its Police Department will not under any circumstances be responsible for any property belonging to the District , it 's officers , members, agents , employees , subcontractors , program participants , licensees or invitees , which may be lost , stolen , destroyed or in any way damaged as a result of the action or inaction of the School Resource Officer. Ill. Assignments A School Resource Officer is an employee of the Town . This Agreement includes one (1) School Resource Officer. The function of a School Resource Officer is to act as an educator, counselor , and law enforcement official on the campuses and property of the District. The School Resource Officer will be a licensed peace officer under the laws of the State of Texas . The Town will select the officer from the eligible applicants for employment. The District will provide input to the Town regarding th.e selection , with the final decision regarding employment being the Town's decision . Town affirms it has complied or will comply , prior to the performance of any work for District , with the requirements regarding criminal background checks as provided under Texas Education Code, Chapter 22 . This law requires the independent contractor to obtain all criminal history record information on all persons to whom the law applies through the Texas Department of Public Safety (DPS) clearinghouse. This process includes fingerprinting in order to submit the individuals to a national check . Town must certify to District that the Town has received all criminal history record information on all SROs , and that there were no positive hits. The cost of this requirement is to be paid by the Town . The District will have the authority to create and modify work schedules and make job assignments while the officer is on-duty at a District campus or property. For school year 2015- 2016, the School Resource Officer is expected to be at his or her daily assignment at 8:00 am and expected to remain working with District campuses, students, staff and parents until 4:00 pm daily, each day school is in session , unless the hours are adjusted to accommodate the service of ASAP in the evening hours or any other District assignment. ASAP has a proven success rate when served in the evening hours when the family unit is present. ASAP requests are unscheduled and on an as needed basis , the District will work with the ASAP assigned SRO to accommodate a 40 hour work week. The District will work with the SRO to manage their time , SRO/ASAP NISD FY2015 -2016 Ag r eement Town Council Minutes July 14, 2015 Page 147 of 159Town Council Page 153 of 314 Meeting Date: August 11, 2015 DR A F T as to not accrue District-initiated overtime for ASAP and specific District requests. Any conflict of such schedules or assignments will be referred to the Town and District Liaisons for resolution . While the SRO is a police officer who reports to the Chief of Police or his designee, it is also expected that the SRO will serve as contracted services to the District and is, therefore, subject to campus assignment or temporary reassignment by the District Superintendent or his designee based on the needs of the District. The SRO is, first and foremost , a law enforcement officer for the Town Police Department and shall be responsible for carrying out all duties and responsibilities of a police officer and shall remain at all times under the control , through the chain of command, of the Town Police Department. IV. District Obligations The District shall provide the following : • Office space at Medlin Middle School and Byron Nelson High School; • Computer, telephone , and other office equipment as needed by the School Resource Officer for the performance of their duties hereunder. Provide access and encourage classroom participation by the SRO; • Laptop computer with aircard service. • Provide the SRO with information and training on school procedures and policies ; • Provide the opportunity for the SRO to address teachers and administrators about the SRO Program, goals and objectives; • Seek input from the SRO regarding criminal justice problems relating to students; • Notify the Chief of Police immediately if a conflict arises between the SRO and a District representative ; • Allow campus principals to coordinate directly with the SRO regarding the individual needs of their campus . • Provide SRO with access, including computer access, to student records pursuant to the Family Education Rights and Privacy Act (34 CFR § 99 .31) for the purpose of criminal investigation of criminal acts committed by students, if and only if, investigating on behalf of the District and in furtherance of the duties as an SRO , not as an employee of the Trophy Club Police Department. • A SRO/ASAP vehicle as more specifically described in Section VI below. v. Funding/Consideration Funding for the School Resource Officer shall be provided as follows : In consideration of the services provided and cross promises hereunder, for the school year 2015-2016, the District shall pay the Town an amount not to exceed FIFTY TWO THOUSAND SEVEN HUNDRED AND FOUR AND N0/100 DOLLARS ($52,704.00) for the SRO/ASAP NISD FY2015-2016 Agreement Town Council Minutes July 14, 2015 Page 148 of 159Town Council Page 154 of 314 Meeting Date: August 11, 2015 DR A F T maintenance of the School Resource Officer. Notwithstanding the contribution of funds from the District , the Town shall remain responsible for the balance of the funding required to maintain the officer's salary and standard Town employee benefits package. At all times under this Agreement , and not withstanding any contribution of funds by the District, the Town shall remain responsible for the withholding of income taxes and Social Security , and for workers compensation , disability benefits , and insurance requirements for the School Resource Officer in accordance with the Town's standard employee benefits package then in existence. The Town will also ensure that the District remains listed as an additional insured on any policy covering the officer's activities and duties . If the SRO cannot report to an NISD campus for duty , the Town shall provide another officer to fill in to perform the duties of the SRO in their absence. If an officer cannot be provided the daily rate (contracted amount above divided by 177 school days) will be deducted from the contracted amount for each day service is not provided by the Town . Funding for renewal years , if applicable , shall be provided no later than February 29 , 2016 , in accordance with the terms of this Agreement. VI. SRO Vehicle NISD agrees to lease one SRO vehicle equipped to perform SRO/ASAP duties for NISD business to the Town. The vehiCle shall be leased to the Town for the amount of $1 .00 per term of this Agreement. • The Town shall have the vehicle covered under the Town 's liability (fleet) insurance policy . • The District shall be directly responsible for customary maintenance , repairs , and fuel for the vehicle. The District shall provide the SROs with the necessary information and authority to obtain such goods and service to maintain his/her provided vehicle in good running order . • The vehicle shall not be utilized for SRO 's off-duty work. • The veh icle shall only be operated by the assigned SROs and District employees . VII. Term The term of this Agreement shall be in effect for the 2015-2016 school year with an initial term of one (1) year commencing on or about August 1, 2015 and ending on or about July 31 , 2016 (hereinafter "Initial Term "). After the Initial term , this Agreement may be renewed annually for five (5) additional terms of one (1) year each by written agreement of the parties approved by the respective governing bodies unless otherwise terminated as provided herein . SRO/ASAP NISD FY2015 -2016 Agreement Town Council Minutes July 14, 2015 Page 149 of 159Town Council Page 155 of 314 Meeting Date: August 11, 2015 DR A F T VIII. Replacement The District may, for cause , request a replacement of the School Resource Officer. Such a request shall be made through the Town's Chief of Police , shall be in writing and shall set forth the basis for the request. A replacement School Resource Officer shall be provided as soon as possible giving due consideration for the Town's staffing level and time required to complete the outside hiring process as necessary. The Town shall have the authority to change personnel serving as the School Resource Officer at any time , and in accordance with Section Ill , Assignments of this Agreement. In the event that the Town changes such personnel for any reason other than termination of the individual serving as School Resource Officer, Town shall provide written notice to District of such personnel change . IX. Notices Notice to the Town shall be accomplished by registered or certified United States Ma il, postage prepaid , return receipt requested and addressed as follows : Town Manager Town of Trophy Club 100 Municipal Drive Trophy Club , Texas 76262 Notice to the District shall be accomplished by registered or certified United States Mail , postage prepaid , return receipt requested and addressed as follows : Superintendent of Schools Northwest Independent School District P.O. Box 77070 Fort Worth , Texas 76117 x. Town Employee The School Resource Officer shall at all times remain an employee of the Town subject to the personnel policies of the Town and General Manual of the Trophy Club Police Department. Subject to Section Ill of this Agreement , the District shall have the authority to make decisions regarding the officer's assignment and schedule while on-duty at a District campus or property . Town is and at all times shall be deemed to be an independent contractor . Nothing herein shall be construed as creating the relationship of employer and employee , or principal and agent , between District and Town or any of Town 's agents or employees. Town assumes responsibility for the acts of its employees as they relate to the services provided SRO/ASAP NISD FY2015-2016 Agreement Town Council Minutes July 14, 2015 Page 150 of 159Town Council Page 156 of 314 Meeting Date: August 11, 2015 DR A F T during the course and scope of their employment. Town , its agents and employees , shall not be entitled to any rights or privileges of District employees and shall not be considered in any manner to be District employees . XI. Governmental Immunity Neither the Town nor the District waives or relinquishes any governmental immunities or defenses on behalf of themselves , their trustees , officers, employees and agents as a result of the execution of this Agreement and the performance of the functions or obligat ions hereunder. Both parties agree that the services provided hereunder are exclusively governmental functions . XII. Workers Compensation The Town shall provide , during the term of this Agreement , worker's compensation insurance in the amounts as required by Texas state law, for all Town employees engaged in work under this Agreement. As to all other insurance provided by Town , it shall provide the District with documentation indicating such coverage prior to the beginning of any activities under this Agreement. XIII. Termination This agreement may be terminated by either party at its sole option and without prejudice by giving sixty (60) days written notice of termination to the other party . Upon termination of this Agreement , the Town will assume any and all fiscal responsibilities from and after the effective date of termination . XIV . Miscellaneous 14.01. Venue . This Agreement is made in Texas and shall be construed , interpreted and governed by Texas laws , and venue for any disputes or actions arising hereunder shall be exclusive in Denton County , Texas. 14.02. No Third Party Beneficiaries. By entering into this Agreement , the parties do not intend to create any rights or obligations other than those specifically set forth herein and this Agreement shall not create any rights in persons not a party to this Agreement , including without limitation , any individual serving hereunder as the School Resource Officer. 14.03. Authority to Bind . The undersigned officer and or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on SRO/ASAP NISD FY 2015-2016 Agreement Town Council Minutes July 14, 2015 Page 151 of 159Town Council Page 157 of 314 Meeting Date: August 11, 2015 DR A F T behalf of the parties hereto , and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. 14.04. Modifications. All modifications to this Agreement shall be in writing and approved by the respective governing body for each party . 14.05 Entire Agreement. This Agreement embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters here in and , except as otherwise provided herein , cannot be modified without written agreement of the parties as provided herein . 14.06. Waiver. No waiver of a breach or any provision of this agreement by either party shall constitute a waiver of any subsequent breach of such provision . Failure of either party to enforce at any time , or from time to time , any provisions of this Agreement shall not be construed as a waiver thereof. 14.07. Severability . If any of the te rms , sections , subsections , sentences , clauses , phrases , provisions , covenants , conditions or any other part of this Agreement are for any reason held to be invalid , void or unenforceable , the remainder of the terms , sections , subsections, sentences , clauses , phrases , provisions , covenants , conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected , impaired or invalidated . 14.08. Independent Contractor . Each party covenants and agrees that it is an independent contractor and not an officer, agent, servant or employee of the other party ; that subject to the terms of this Agreement , Town shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same , and shall be responsible for the acts and omissions of it officers , agents , employees , contractors , subcontractors and consultants . Nothing herein shall be construed as creating a partnership or joint enterprise between Town and District. 14.09. Contract Performance Reviews . Each party agrees to meet periodically in order to review contract performance of sections I, II , Ill , IV and V . The purpose of the meeting is to ensure that each party 's provided services and job performance are meeting expectations of the other party . The meeting will include the District Liaison and the School Resource Officer's immediate supervisor within the police department. At a minimum , the District Liaison and the School Resource Officer's immediate supervisor will meet once in October and once in February of each academic school year. 14.10 Assignment. Neither party shall assign , transfer, or sub -contract any of its rights , burdens , duties or obligations under this agreement without the prior written permission of the other party to the Agreement. SRO/ASAP NISD FY2015-2016 Agreement Town Council Minutes July 14, 2015 Page 152 of 159Town Council Page 158 of 314 Meeting Date: August 11, 2015 DR A F T 14.11 Resources. All District provided equipment will be returned at the end of each school year for safe keeping , inventory , maintenance and service . xv. Liability Any claims by third parties arising as a result of the enforcement of Local , State , or Federal law, including employment claims , shall be handled by , and be the responsibility of, the Town . Any claims by third parties arising as a result of the enforcement of District policy or procedure shall be handled by , and be the responsibility of the District. IN WITNESS WHEREOF , the parties have executed this Contract as of the Dates shown below their respective signatures . NORTHWEST INDEPENDENT SCHOOL DISTRICT Title : ATTEST : APPROVED AS TO FORM: TOWN OF~~EXAS -- By :~~~ Mayor: C. Nick Sanders ATTEST: SRO/ASAP NISD FY2015-2016 Agreement Date: JJl :±JIS r ~ Date : APPROVED AS TO FORM : ~~ Town Attorney , Patricia Adams Town Council Minutes July 14, 2015 Page 153 of 159Town Council Page 159 of 314 Meeting Date: August 11, 2015 DR A F T ATTACHMENT K Ordinance No. 2015-14 Town Council Minutes July 14, 2015 Page 154 of 159Town Council Page 160 of 314 Meeting Date: August 11, 2015 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 1 5 5 o f 1 5 9 T o w n C o u n c i l P a g e 1 6 1 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 1 5 6 o f 1 5 9 T o w n C o u n c i l P a g e 1 6 2 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 1 5 7 o f 1 5 9 T o w n C o u n c i l P a g e 1 6 3 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 1 5 8 o f 1 5 9 T o w n C o u n c i l P a g e 1 6 4 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 D R A F T T o w n C o u n c i l M i n u t e s J u l y 1 4 , 2 0 1 5 P a g e 1 5 9 o f 1 5 9 T o w n C o u n c i l P a g e 1 6 5 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0503-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:8/2/2015 Town Council On agenda:Final action:8/11/2015 Title:Consider and take appropriate action regarding financial and variance report dated June 2015. Attachments:June Financial Report FY 2015.pdf General Fund Budget Report.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding financial and variance report dated June 2015. Town Council Page 166 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT GENERAL FUND SUMMARY YEAR TO DATE JUNE 75% Revenues Original Budget Revised Budget Year to Date Variance % Received Property Tax 5,166,466$ 5,166,466$ 5,200,607$ 34,141$ 101% Licenses and Permits 710,631 710,631 533,635 (176,996) 75% Franchise Fees 812,506 812,506 698,524 (113,982) 86% Sales Tax 676,323 698,133 547,590 (150,543) 78% Fines and Fees 466,101 571,101 394,371 (176,730) 69% Intergovernmental 192,901 127,231 71,152 (56,079) 56% Grants 77,018 77,018 57,423 (19,595) 75% Charges for Service 260,852 300,852 274,395 (26,457) 91% Investment Income 6,000 6,000 4,499 (1,501) 75% Miscellaneous Income 118,550 118,550 64,421 (54,129) 54% Total Revenues 8,487,348$ 8,588,488$ 7,846,617$ (741,871)$ 91% Other Sources Original Budget Revised Budget Year to Date Variance % Received Transfers In 11,000$ 11,000$ 5,500$ (5,500) 50% Total Available Resources 8,498,348$ 8,599,488$ 7,852,117$ (747,371)$ 91% Expenditures Original Budget Revised Budget Year to Date Variance % Used Manager's Office 899,938$ 1,051,078$ 795,700$ 255,378$ 76% Human Resources 92,495 90,495 63,155 27,340 70% Information Services 423,312 512,312 381,149 131,163 74% Legal 193,389 188,389 119,037 69,352 63% Police 2,110,098 2,005,098 1,344,203 660,895 67% Emergency Medical Services 1,016,722 1,002,722 587,188 415,534 59% Streets 411,677 456,677 295,846 160,831 65% Medians 299,310 291,310 217,225 74,085 75% Parks 1,043,416 1,025,916 616,812 409,104 60% Recreation 550,039 546,539 259,401 287,138 47% Community Events 60,201 60,201 22,799 37,402 38% Community Development 572,921 562,921 392,844 170,077 70% Finance 387,097 369,097 241,015 128,082 65% Municipal Court 85,936 84,936 55,665 29,271 66% Facilities Maintenance 111,042 111,042 97,205 13,837 88% Total Expenditures 8,257,593$ 8,358,733$ 5,489,243$ 2,869,490$ 66% Other Uses Original Budget Revised Budget Year to Date Variance % Used Transfers Out (385,000)$ (385,000)$ -$ 385,000$ 0% Total Outflows of Resources 8,642,593$ 8,743,733$ 5,489,243$ 3,254,490$ 63% Percent of Budget Year Transpired Town Council Page 167 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT Fund balance Original Budget Revised Budget Year to Date Beginning fund balance 2,960,660$ 2,960,660$ 3,045,021$ + Net increase (Decrease)(144,245) (144,245) 2,362,874 Ending Fund Balance 2,816,415$ 2,816,415$ 5,407,895$ Fund balance Detail Original Budget Revised Budget Year to Date Reserve Fund balance (30% of Total Expenditures)2,477,278$ 2,507,620$ 1,646,773$ Assigned Fund Balance 228,138 228,138 228,138 Unassigned Fund Balance in Excess (Deficit) of 30%202,839 172,497 3,532,984 Total Fund balance 2,908,255$ 2,908,255$ 5,407,895$ The large sales tax spike for February is due to a delinquent payment $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP General Fund Sales Tax Receipts FY 2014 FY 2015 From FY 2014 Audited Financial Statements Based on FY 2014 Audit Numbers Town Council Page 168 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT Departmental Budget Reports YEAR TO DATE JUNE 75% Category Original Budget Revised Budget Year to Date Variance % Used Personnel 6,027,651$ 6,013,791$ 4,073,314$ 1,940,477$ 68% Services & Supplies 1,954,139 2,014,139 1,289,043 725,096 64% Capital 275,803 330,803 126,886 203,917 38% Total 8,257,593$ 8,358,733$ 5,489,243$ 2,869,490$ 66% Category Original Budget Revised Budget Year to Date Variance % Used Personnel 757,082$ 921,722$ 722,290$ 199,432$ 78% Services & Supplies 142,856 129,356 73,410 55,946 57% Total 899,938$ 1,051,078$ 795,700$ 255,378$ 76% Category Original Budget Revised Budget Year to Date Variance % Used Personnel 162,446$ 157,446$ 112,551$ 44,895$ 71% Services & Supplies 30,943 30,943 6,486 24,458 21% Total 193,389$ 188,389$ 119,037$ 69,352$ 63% Category Original Budget Revised Budget Year to Date Variance % Used Personnel 87,655$ 85,655$ 61,483$ 24,172$ 72% Services & Supplies 4,840 4,840 1,672 3,168 35% Total 92,495$ 90,495$ 63,155$ 27,340$ 70% Category Original Budget Revised Budget Year to Date Variance % Used Personnel 191,325$ 186,825$ 133,249$ 53,576$ 71% Services & Supplies 200,374 293,874 240,603 53,271 82% Capital 31,613 31,613 7,297 24,316 23% Total 423,312$ 512,312$ 381,149$ 131,163$ 74% Services & Supplies are higher than anticipated due to the purchase of a hosted exchange and the MUD buyout. Percent of Budget Year Transpired Manager's Office Legal Human Resources Information Services General Fund Summary Personnel expenditures are higher than anticipated due to turnover and changes in the Manager's Office. Town Council Page 169 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT Departmental Budget Reports YEAR TO DATE JUNE 75% Category Original Budget Revised Budget Year to Date Variance % Used Personnel 1,868,734$ 1,773,734$ 1,195,329$ 578,405$ 67% Services & Supplies 241,364 231,364 148,874 82,490 64% Total 2,110,098$ 2,005,098$ 1,344,203$ 660,895$ 67% Category Original Budget Revised Budget Year to Date Variance % Used Personnel 764,304$ 750,304$ 528,654$ 221,650$ 70% Services & Supplies 73,058 73,058 58,534 14,524 80% Capital 179,360 179,360 - 179,360 0% Total 1,016,722$ 1,002,722$ 587,188$ 415,534$ 59% Category Original Budget Revised Budget Year to Date Variance % Used Personnel 222,195$ 212,195$ 136,663$ 75,532$ 64% Services & Supplies 189,482 189,482 104,002 85,480 55% Capital - 55,000 55,181 (181) 100% Total 411,677$ 456,677$ 295,846$ 160,831$ 65% Category Original Budget Revised Budget Year to Date Variance % Used Personnel 151,083$ 148,083$ 104,777$ 43,306$ 71% Services & Supplies 148,227 143,227 112,448 30,779 79% Total 299,310$ 291,310$ 217,225$ 74,085$ 75% Category Original Budget Revised Budget Year to Date Variance % Used Personnel 75,397$ 74,397$ 49,877$ 24,520$ 67% Services & Supplies 10,539 10,539 5,788 4,751 55% Total 85,936$ 84,936$ 55,665$ 29,271$ 66% Percent of Budget Year Transpired Police EMS Medians Streets Municipal Court Town Council Page 170 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT Departmental Budget Reports YEAR TO DATE JUNE 75% Category Original Budget Revised Budget Year to Date Variance % Used Personnel 266,946$ 248,946$ 157,688$ 91,258$ 63% Services & Supplies 120,151 120,151 83,327 36,824 69% Total 387,097$ 369,097$ 241,015$ 128,082$ 65% Category Original Budget Revised Budget Year to Date Variance % Used Personnel 429,897$ 419,897$ 271,214$ 148,683$ 65% Services & Supplies 143,024 143,024 81,335 61,689 57% Capital - - 40,295 (40,295) NA Total 572,921$ 562,921$ 392,844$ 170,077$ 70% Category Original Budget Revised Budget Year to Date Variance % Used Services & Supplies 111,042$ 111,042$ 97,205$ 13,837$ 88% Total 111,042$ 111,042$ 97,205$ 13,837$ 88% Facilities Maintenance Percent of Budget Year Transpired Finance Community Development The Town's annual property insurance premiums were paid for in full under Facilities Maintenance in order to take advantage of an early payment discount. (This expenditure represents 50% of the department's budget, and the actual cost was $923 less than the budgeted amount.) The capital expenditure of $22,915 is a part of $41,825 encumbrance from last year. Town Council Page 171 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT Departmental Budget Reports YEAR TO DATE JUNE 75% Category Original Budget Revised Budget Year to Date Variance % Used Personnel 657,422$ 644,922$ 422,748$ 222,174$ 66% Services & Supplies 321,164 316,164 169,952 146,212 54% Capital 64,830 64,830 24,112 40,718 37% Total 1,043,416$ 1,025,916$ 616,812$ 409,104$ 60% Category Original Budget Revised Budget Year to Date Variance % Used Personnel 393,165$ 389,665$ 176,791$ 212,874$ 45% Services & Supplies 156,874 156,874 82,610 74,264 53% Total 550,039$ 546,539$ 259,401$ 287,138$ 47% Category Original Budget Revised Budget Year to Date Variance % Used Services & Supplies 60,201$ 60,201$ 22,799$ 37,402$ 38% Total 60,201$ 60,201$ 22,799$ 37,402$ 38% Parks Recreation Community Events Percent of Budget Year Transpired Town Council Page 172 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT CAPITAL PROJECTS FUND YEAR TO DATE JUNE 75% Revenues Original Budget Revised Budget Year to Date Variance % Received Contributions $ 200,000 $ 200,000 $ 200,061 (61)$ 100% Interest Income 500$ 500$ 1,501$ (1,001)$ 300% Total 200,500$ 200,500$ 201,562$ (1,062)$ 101% Other Sources Original Budget Revised Budget Year to Date Variance % Received Transfer In 385,000$ 385,000$ -$ -$ 0% Total 385,000$ 385,000$ -$ -$ NA Expenditures Original Budget Revised Budget Year to Date Variance % Used Capital Outlay 4,627,524 4,627,524 2,624,601 2,002,923 57% Total 4,627,524$ 4,627,524$ 2,624,601$ 2,002,923$ 57% Fund Balance Original Budget Revised Budget Year to Date Beginning Fund Balance 4,275,854$ 4,275,854$ 4,505,273$ +Net Increase (Decrease)(4,042,024) (4,042,024) (2,423,039) Ending Fund Balance 233,830$ 233,830$ 2,082,234$ Percent of Budget Year Transpired From FY 2014 Audited Financial Statements Town Council Page 173 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT DEBT SERVICE FUND YEAR TO DATE JUNE 75% Revenues Original Budget Revised Budget Year to Date Variance % Received Property Tax 1,498,303$ 1,498,303$ 1,504,133$ 5,830$ 100% Interest Income 250 250 249 (1) 99% Total Revenue 1,498,553$ 1,498,553$ 1,504,381$ 5,828$ 100% Other Sources Original Budget Revised Budget Year to Date Variance % Received Transfers In 127,350$ 127,350$ 18,200$ 109,150$ 14% Total 127,350$ 127,350$ 18,200$ 109,150$ 14% Expenditures Original Budget Revised Budget Year to Date Variance % Used Principal Payments 1,088,000$ 1,088,000$ 470,000$ 618,000$ 43% Interest Payments 481,912 481,912 245,996 235,916 51% Paying Agent Fees 3,750 3,750 2,000 1,750 53% Total Expenditures 1,573,662$ 1,573,662$ 717,996$ 855,666$ 46% Fund Balance Original Budget Revised Budget Year to Date Beginning Fund Balance 122,222$ 122,222$ 118,092$ +Net Increase (Decrease)52,241 52,241 804,586 Ending Fund Balance 174,463$ 174,463$ 922,678$ Percent of Budget Year Transpired From FY 2014 Audited Financial Statements Town Council Page 174 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT CRIME CONTROL PREVENTION DISTRICT YEAR TO DATE JUNE 75% Revenue Original Budget Revised Budget Year to Date Variance % Received Sales Tax 147,272$ 147,272$ 122,118$ (25,154)$ 83% Interest Income - - 85 85 NA Total Revenue 147,272$ 147,272$ 122,203$ (25,069)$ 83% Expenditures Original Budget Revised Budget Year to Date Variance % Used Services & Supplies 36,285$ 36,285$ 33,501$ 2,784$ 92% Capital Expenses 47,179 107,679 46,673 61,006 43% Total Expenditure 83,464$ 143,964$ 80,174$ 63,790$ 56% Other Uses Original Budget Revised Budget Year to Date Variance % Used Transfer to Debt Service 75,000$ 75,000$ -$ 75,000$ NA Total Other Uses 75,000$ 75,000$ -$ 75,000$ NA Fund Balance Original Budget Revised Budget Year to Date Beginning Fund Balance 92,246$ 92,246$ 93,746$ +Net Increase (Decrease)(11,192) (71,692) 42,030 Ending Fund Balance 81,054$ 20,554$ 135,776$ Percent of Budget Year Transpired From FY 2014 Audited Financial Statements Town Council Page 175 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT COURT SECURITY FUND YEAR TO DATE JUNE 75% Revenue Original Budget Revised Budget Year to Date Variance % Received Municipal Court Security Fee 3,788$ 3,788$ 1,999$ (1,789)$ 53% Total Revenue 3,788$ 3,788$ 1,999$ (1,789)$ 53% Other Uses Original Budget Revised Budget Year to Date Variance % Received Transfer to General Fund 3,000$ 3,000$ 1,500$ 1,500$ 50% Total Other Uses 3,000$ 3,000$ 1,500$ 1,500$ 50% Fund Balance Original Budget Revised Budget Year to Date Beginning Fund Balance 22,526$ 22,526$ 22,293$ +Net Increase (Decrease)788 788 499 Ending Fund Balance 23,314$ 23,314$ 22,792$ Percent of Budget Year Transpired From FY 2014 Audited Financial Statements Town Council Page 176 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT COURT TECHNOLOGY FUND YEAR TO DATE JUNE 75% Revenue Original Budget Revised Budget Year to Date Variance % Received Fines & Fees 5,000$ 5,000$ 2,665$ (2,335)$ 53% Miscellaneous - - - - NA Total Revenue 5,000$ 5,000$ 2,665$ (2,335)$ 53% Expenditures Original Budget Revised Budget Year to Date Variance % Used Purchased Services 5,730$ 5,730$ 803$ 4,927$ 14% Total Expenditure 5,730$ 5,730$ 803$ 4,927$ 14% Fund Balance Original Budget Revised Budget Year to Date Beginning Fund Balance 22,071$ 22,071$ 23,960$ +Net Increase (Decrease)(730) (730) 1,862 Ending Fund Balance 21,341$ 21,341$ 25,822$ Percent of Budget Year Transpired From FY 2014 Audited Financial Statements Town Council Page 177 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT ECONOMIC DEVELOPMENT COPORATION 4B YEAR TO DATE JUNE 75% Revenue Original Budget Revised Budget Year to Date Variance % Received Sales Tax 327,272$ 327,272$ 266,499$ 60,773$ 81% Interest Income 300 300 376 (76) 125% Total Revenue 327,572$ 327,572$ 266,875$ 60,697$ 81% Expenditures Original Budget Revised Budget Year to Date Variance % Used Auditing 1,000$ 1,000$ 1,000$ -$ 100% Advertising 3,000 3,000 2,780 220 93% Printing 500 500 - 500 0% Schools & Training 2,120 2,120 270 1,850 13% Dues & Membership 1,050 1,050 - 1,050 0% Travel & Per Diem 1,533 1,533 30 1,503 2% Office Supplies 400 400 15 385 4% Miscellaneous Expense 7,100 7,100 4,915 2,185 69% EDC Projects 11,850 11,850 - 11,850 0% Incentive Programs 140,773 140,773 58,655 82,118 42% Total Expenditures 169,326$ 169,326$ 67,666$ 101,660$ 40% Other Uses Original Budget Revised Budget Year to Date Variance % Used Transfer to General Fund 155,634$ 89,964$ 44,982$ 44,982$ 50% Total Other Uses 155,634$ 89,964$ 44,982$ 44,982$ 50% Fund Balance Original Budget Revised Budget Year to Date Beginning Fund Balance 167,530$ 167,530$ 339,715$ +Net Increase (Decrease)2,612 68,282 154,227 Ending Fund Balance 170,142$ 235,812$ 493,942$ Percent of Budget Year Transpired From FY 2014 Audited Financial Statements Town Council Page 178 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT FY 2015 FY 2014 October 27,691$ -$ November 31,248$ -$ December 28,158$ 21,477$ January 23,502$ 22,227$ February 47,901$ 36,928$ March 22,585$ 21,043$ April 25,324$ 20,816$ JUNE 30,767$ 29,865$ June 29,324$ 27,059$ July 25,664$ August 30,489$ September 28,277$ $- $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 $50,000 EDC 4B Sales Tax Comparative FY 2015 FY 2014 Town Council Page 179 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT HOTEL OCCUPANCY YEAR TO DATE JUNE 75% Revenue Original Budget Revised Budget Year to Date Variance % Received Hotel Occupancy Tax 233,416$ 233,416$ 192,003$ (41,413)$ 82% Interest income 300 300 344 44 115% Total Revenue 233,716$ 233,716$ 192,347$ (41,369)$ 82% Expenditures Original Budget Revised Budget Year to Date Variance % Used Advertising $ - $ - 2,350$ (2,350)$ N/A Printing - - 14,150 (14,150) N/A Event Rentals 38,825 38,825 22,456 16,369 58% Total Expenditures 38,825$ 38,825$ 38,955$ (130)$ 100% Fund Balance Original Budget Revised Budget Year to Date Beginning Fund Balance 285,590$ 285,590$ 283,481$ +Net Increase (Decrease)194,891 194,891 153,392 Ending Fund Balance 480,481$ 480,481$ 436,873$ Percent of Budget Year Transpired Increased expenditures are due to July-4th expenditures that are now being coded to the Hotel Occupancy Fund From FY 2014 Audited Financial Statements Town Council Page 180 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT STORM DRAINAGE UTILITY FUND YEAR TO DATE JUNE 75% Revenue Original Budget Revised Budget Year to Date Variance % Received Storm Drainage Fees 402,800$ 402,800$ 305,512$ (97,288)$ 76% Miscellaneous Revenue 21,000 21,000 - (21,000) NA Interest Income 100 100 78 (22) NA Total Revenue 423,900$ 423,900$ 305,589$ (118,311)$ 72% Expenses Original Budget Revised Budget Year to Date Variance % Used Operating Expenses 178,283 178,283 118,307 59,976 66% Debt Service 178,963 178,963 14,114 164,849 NA Total Expenses 357,246$ 357,246$ 132,421$ 224,825$ 37% Other Uses Original Budget Revised Budget Year to Date Variance % Used Transfer to Debt Service 27,350$ 27,350$ 5,700$ 21,650$ 21% Total Other Uses 27,350$ 27,350$ 5,700$ 21,650$ 21% Working Capital Year to Date Operating Days Beginning Working Capital 155,056$ 145 +Net Increase (Decrease)167,469 157 Ending Working Capital 322,525$ 302 Drainage Capital Projects Original Budget Revised Budget Year to Date Funding Source 2013 CO Proceeds $ 578,174 $ 578,174 608,780$ Operating Funds 164,000 164,000 164,000 Project Detail Indian Creek (313,174) (313,174) (195,085) Timber Ridge/Fresh Meadow - - (19,930) Cypress Court Drainage Inlets (30,000) (30,000) (6,900) Pin Oak Court (80,000) (80,000) - Pebble Beach Drive (205,000) (205,000) - Broadway Creek Improvements and Amenity Lake Slopes (114,000) (114,000) - Remaining Funding -$ -$ 550,865$ Percent of Budget Year Transpired Town Council Page 181 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT STREET MAINTENANCE SALES TAX FUND YEAR TO DATE JUNE 75% Revenue Original Budget Revised Budget Year to Date Variance % Received Sales Tax 163,636$ 163,636$ 133,250$ (30,386)$ 81% Interest Income -$ -$ 21$ 21$ N/A Total Revenue 163,636$ 163,636$ 133,271$ (30,386)$ 81% Expenditures Original Budget Revised Budget Year to Date Variance % Used Operating Expenditures 131,300$ 131,300$ 72,312$ 113,402$ 55% Total Expenses 131,300$ 131,300$ 72,312$ 58,988$ 55% Other Uses Original Budget Revised Budget Year to Date Variance % Used Transfer To Debt Service 25,000$ 25,000$ 12,500$ 12,500$ 50% Total Other Uses 25,000$ 25,000$ 12,500$ 12,500$ 50% Fund Balance Original Budget Revised Budget Year to Date Beginning Fund Balance 24,268$ 24,268$ 39,915$ +Net Increase (Decrease)7,336 7,336 48,459 Ending Fund Balance 31,604$ 31,604$ 88,374$ Percent of Budget Year Transpired From FY 2014 Audited Financial Statements Town Council Page 182 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT TROPHY CLUB PARK FUND YEAR TO DATE JUNE 75% Revenue Original Budget Revised Budget Year to Date Variance % Received Park Revenue 153,752$ 153,752$ 77,387$ (76,365)$ 50% Interest Income -$ -$ 6$ 6$ NA Total Revenue 153,752$ 153,752$ 77,393$ (76,359)$ 50% Expenses Original Budget Revised Budget Year to Date Variance % Used Salaries 43,008$ 43,008$ 26,690$ 16,318$ 62% Longevity 112 112 112 - 100% Stipend 300 300 900 (600) 300% Retirement 4,222 4,222 2,496 1,726 59% Medical Insurance 2,826 2,826 1,803 1,023 64% Dental Insurance 155 155 157 (2) 101% Vision Insurance 32 32 23 9 73% Life Insurance & Other 211 211 150 61 71% Social Security Taxes 2,673 2,673 1,677 996 63% Medicare Taxes 630 630 392 238 62% Unemployment Taxes 306 306 72 234 23% Workman's compensation 1,033 1,033 686 347 66% Total Personnel Services 55,508$ 55,508$ 35,159$ 20,349$ 63% Professional Outside Services 5,000$ 5,000$ 2,470$ 2,530$ 49% Auditing 1,000 1,000 1,000 - 100% Software & Support 3,849 3,849 2,617 1,232 68% Advertising 1,500 1,500 652 848 43% Printing 1,416 1,416 1,244 172 88% Schools & Training 340 340 199 141 59% Service Charges & Fees 6,000 6,000 5,612 388 94% Electricity 3,600 3,600 1,795 1,805 50% Water 1,697 1,697 1,472 225 87% Telephone 1,600 1,600 1,362 238 85% Communication/Pagers/Mobiles 1,560 1,560 1,310 250 84% Property Maintenance 10,500 10,500 16,265 (5,765) 155% Equipment Maintenance 2,426 2,426 740 1,686 31% Independent labor 10,200 10,200 6,400 3,800 63% Portable Toilets 4,000 4,000 2,430 1,570 61% Dues & Membership 320 320 30 290 9% Travel & Per Diem 387 387 505 (118) 130% Office Supplies 1,013 1,013 670 343 66% Postage 318 318 63 255 20% Fuel 1,490 1,490 666 824 45% Uniforms 645 645 310 335 48% Community Events 6,500 6,500 11,874 (5,374) 183% Small tools 1,400 1,400 30 1,370 2% Furniture/Equipment <$5,000 1,720 1,720 1,867 (147) 109% Maintenance Supplies 451 451 335 116 74% Miscellaneous Expense 557 557 60 497 11% Total Services & Supplies 69,489$ 69,489$ 61,977$ 7,512$ 89% Percent of Budget Year Transpired Town Council Page 183 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT TROPHY CLUB PARK FUND CONTINUED Capital Expense 25,330$ 25,330$ 24,112$ 1,218$ 95% Total Expenses 150,327$ 150,327$ 121,248$ 29,079$ 81% Other Uses Original Budget Revised Budget Year to Date Variance % Used Park Administration Transfer 8,000$ 8,000$ 4,000$ 4,000$ 50% Total Other Uses 8,000$ 8,000$ 4,000$ 4,000$ 50% Working Capital Year to Date Operating Days Beginning Working Capital 1,830$ 4 +Net Increase (Decrease)(47,855) (109) Ending Working Capital (46,025)$ (105) Town Council Page 184 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT RECREATIONAL PROGRAMS YEAR TO DATE JUNE 75% Revenue Original Budget Revised Budget Year to Date Variance % Received Recreational Programs 4,000$ 4,000$ 5,413$ 1,413$ 135% Total Revenue 4,000$ 4,000$ 5,413$ 1,413$ NA Expenditures Original Budget Revised Budget Year to Date Variance % Used Recreational Programs 4,000$ 4,000$ 5,940$ (1,940)$ 148% Total Expenditures 4,000$ 4,000$ 5,940$ (1,940)$ NA Fund Balance Original Budget Revised Budget Year to Date Beginning Fund Balance 4,000$ 4,000$ 2,812$ +Net Increase (Decrease)- - (527) Ending Fund Balance 4,000$ 4,000$ 2,285$ Percent of Budget Year Transpired Town Council Page 185 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT 30TH ANNIVERSARY FUND YEAR TO DATE JUNE 75% Revenue Original Budget Revised Budget Year to Date Variance % Received Donations -$ -$ 10,624$ 10,624$ NA Total Revenue -$ -$ 10,624$ 10,624$ NA Expenditures Original Budget Revised Budget Year to Date Variance % Used Community Events -$ -$ 8,175$ (8,175)$ NA Total Expenditures -$ -$ 8,175$ (8,175)$ NA Fund Balance Original Budget Revised Budget Year to Date Beginning Fund Balance 2,114$ 2,114$ 2,114$ +Net Increase (Decrease)- - 2,450 Ending Fund Balance 2,114$ 2,114$ 4,564$ Percent of Budget Year Transpired Town Council Page 186 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT GRANTS FUND YEAR TO DATE JUNE 75% Revenue Original Budget Revised Budget Year to Date Variance % Received Grant Revenue -$ -$ 63,450$ 63,450$ NA Total Revenue -$ -$ 63,450$ 63,450$ NA Expenditures Original Budget Revised Budget Year to Date Variance % Used Radios -$ -$ 74,348$ (74,348)$ NA Total Expenditures -$ -$ 74,348$ (74,348)$ NA Fund Balance Original Budget Revised Budget Year to Date Beginning Fund Balance -$ -$ (6,333)$ +Net Increase (Decrease)- - (10,898) Ending Fund Balance -$ -$ (17,231)$ Percent of Budget Year Transpired This grant is for Police Radios. The department has expended the money and will receive the rest of the grant reimbursement next quarter. Town Council Page 187 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB JUNE 2015 FINANCIAL REPORT TIRZ #1 YEAR TO DATE JUNE 75% Revenue Original Budget Revised Budget Year to Date Variance % Received Propety Tax 8,291$ 8,291$ -$ (8,291)$ 0% Sales Tax 475 475 - (475)$ 0% Total Revenue 8,766$ 8,766$ -$ (8,766)$ 0% Fund Balance Original Budget Revised Budget Year to Date Beginning Fund Balance -$ -$ -$ +Net Increase (Decrease)- - - Ending Fund Balance -$ -$ -$ Percent of Budget Year Transpired Town Council Page 188 of 314 Meeting Date: August 11, 2015 7/28/2015 12:38:44 PM Page 1 of 23 Budget Report Town of Trophy Club, TX Account Summary For Fiscal: 2014-2015 Period Ending: 06/30/2015 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Fund: 01 - GENERAL FUND Revenue Department: 000 - General Category: 40 - Taxes Property Taxes 5,138,466.00 5,141,605.29 3,139.29 100.06%12,702.4801-000-40100 5,138,466.00 Property Taxes/Delinquent 15,000.00 36,946.01 21,946.01 246.31%541.5201-000-40125 15,000.00 Property Taxes/Penalty & Interest 13,000.00 22,055.93 9,055.93 169.66%1,761.3901-000-40150 13,000.00 Sales Tax - General 676,353.00 532,998.39 -143,354.61 21.20%58,648.5201-000-40300 654,543.00 Mixed Beverage Tax 21,780.00 14,591.37 -7,188.63 33.01%0.0001-000-40360 21,780.00 Category: 40 - Taxes Total:5,748,196.9973,653.915,842,789.00 5,864,599.00 -116,402.01 1.98 % Category: 41 - Licenses & Permits Electric Franchise 389,270.00 393,306.13 4,036.13 101.04%964.3201-000-41050 389,270.00 Gas Franchise 69,690.00 82,459.34 12,769.34 118.32%0.0001-000-41100 69,690.00 Telecommunication Franchise 49,188.00 39,945.62 -9,242.38 18.79%306.4401-000-41150 49,188.00 Cable Franchise 221,453.00 119,497.29 -101,955.71 46.04%0.0001-000-41200 221,453.00 Refuse Franchise 82,905.00 63,315.72 -19,589.28 23.63%6,608.1501-000-41250 82,905.00 Building Permits 500,952.00 380,896.02 -120,055.98 23.97%45,169.1401-000-41300 500,952.00 Miscellaneous Permits 209,679.00 152,738.91 -56,940.09 27.16%14,622.3201-000-41330 209,679.00 Category: 41 - Licenses & Permits Total:1,232,159.0367,670.371,523,137.00 1,523,137.00 -290,977.97 19.10 % Category: 42 - Intergovernmental MUD Service Contract 26,271.00 26,170.00 -101.00 0.38%0.0001-000-42000 26,271.00 Intergovernmental Transfer MUD 10,996.00 0.00 -10,996.00 100.00%0.0001-000-42100 10,996.00 Intergovernmental Transfer EDC 89,964.00 44,982.00 -44,982.00 50.00%0.0001-000-42150 155,634.00 Grant Revenue 77,018.00 57,422.99 -19,595.01 25.44%0.0001-000-42500 77,018.00 Category: 42 - Intergovernmental Total:128,574.990.00269,919.00 204,249.00 -75,674.01 37.05 % Category: 43 - Fines & Fees City Vehicle Registration Fees/Child S…10,000.00 11,087.82 1,087.82 110.88%0.0001-000-43002 10,000.00 TC Magazine 0.00 5,250.00 5,250.00 0.00%0.0001-000-43003 0.00 Golf Cart Registration 1,000.00 1,110.00 110.00 111.00%225.0001-000-43005 1,000.00 Records Management Revenue 500.00 578.90 78.90 115.78%33.0001-000-43011 500.00 Municipal Court Fines/Fees 128,750.00 76,562.21 -52,187.79 40.53%10,085.5001-000-43100 128,750.00 Municipal Court - Child Safety Fees 5,665.00 3,325.00 -2,340.00 41.31%553.8501-000-43105 5,665.00 Zoning Fees 0.00 300.00 300.00 0.00%0.0001-000-43220 0.00 Platting Fees 3,000.00 351.50 -2,648.50 88.28%0.0001-000-43225 3,000.00 Developer Fees 135,000.00 135,622.40 622.40 100.46%0.0001-000-43230 30,000.00 P&Z Administrative Fees 3,000.00 1,200.00 -1,800.00 60.00%60.0001-000-43240 3,000.00 Day Camp Programs 60,000.00 31,005.00 -28,995.00 48.33%20,750.0001-000-43310 60,000.00 Community Events Revenue 1,200.00 125.00 -1,075.00 89.58%125.0001-000-43315 1,200.00 Pool Entry Fees 123,789.00 44,159.92 -79,629.08 64.33%42,246.9201-000-43320 123,789.00 Pool Rentals 19,480.00 10,615.00 -8,865.00 45.51%4,435.0001-000-43325 19,480.00 Swim Team Programs 26,260.00 34,204.86 7,944.86 130.25%21,004.8601-000-43330 26,260.00 Aquatic Programs 19,190.00 11,498.17 -7,691.83 40.08%3,133.1701-000-43335 19,190.00 Pool Concessions 23,000.00 15,071.67 -7,928.33 34.47%15,071.6701-000-43340 23,000.00 Denton/Tarrant County - EMS 5,000.00 5,562.00 562.00 111.24%0.0001-000-43425 5,000.00 Animal Control 3,500.00 2,971.00 -529.00 15.11%175.0001-000-43600 3,500.00 Miscellaneous Police Revenue 1,500.00 188.40 -1,311.60 87.44%20.0001-000-43650 1,500.00 Convenience Fees 1,267.00 3,582.46 2,315.46 282.75%115.1701-000-43800 1,267.00 Category: 43 - Fines & Fees Total:394,371.31118,034.14466,101.00 571,101.00 -176,729.69 30.95 % Category: 44 - Charges for Services EMS Runs 150,072.00 122,557.65 -27,514.35 18.33%8,864.2401-000-44000 150,072.00 NISD Contract for SRO 102,780.00 102,779.34 -0.66 0.00%0.0001-000-44001 102,780.00 Town Council Page 189 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 2 of 23 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget PID Reimbursement 48,000.00 47,715.16 -284.84 0.59%0.0001-000-44003 8,000.00 CIA Lien Revenues 0.00 1,343.12 1,343.12 0.00%1,121.3701-000-44006 0.00 Category: 44 - Charges for Services Total:274,395.279,985.61260,852.00 300,852.00 -26,456.73 8.79 % Category: 45 - Rents Recreation Rentals 33,000.00 20,564.40 -12,435.60 37.68%5,124.4001-000-45100 33,000.00 Cell Tower Lease Revenue 34,500.00 25,875.00 -8,625.00 25.00%2,875.0001-000-45150 34,500.00 Category: 45 - Rents Total:46,439.407,999.4067,500.00 67,500.00 -21,060.60 31.20 % Category: 46 - Contributions and Donations Donations 0.00 1,905.15 1,905.15 0.00%0.0001-000-46000 0.00 Category: 46 - Contributions and Donations Total:1,905.150.000.00 0.00 1,905.15 0.00 % Category: 47 - Investment Income Interest Income 6,000.00 4,384.55 -1,615.45 26.92%1,059.9801-000-47000 6,000.00 Category: 47 - Investment Income Total:4,384.551,059.986,000.00 6,000.00 -1,615.45 26.92 % Category: 48 - Sales Auction Sales 0.00 2,725.00 2,725.00 0.00%2,725.0001-000-48008 0.00 Category: 48 - Sales Total:2,725.002,725.000.00 0.00 2,725.00 0.00 % Category: 49 - Other Financing Sources Transfer In 11,000.00 5,500.00 -5,500.00 50.00%0.0001-000-49220 11,000.00 Category: 49 - Other Financing Sources Total:5,500.000.0011,000.00 11,000.00 -5,500.00 50.00 % Category: 51 - Miscellaneous Miscellaneous Revenue 51,050.00 13,351.79 -37,698.21 73.85%1,508.8501-000-51012 51,050.00 Category: 51 - Miscellaneous Total:13,351.791,508.8551,050.00 51,050.00 -37,698.21 73.85 % Department: 000 - General Total:7,852,003.48282,637.268,498,348.00 8,599,488.00 -747,484.52 8.69 % Revenue Total:7,852,003.48282,637.268,498,348.00 8,599,488.00 -747,484.52 8.69 % Expense Department: 000 - General Category: 99 - Other Financing Uses Transfer Out 385,000.00 0.00 385,000.00 100.00%0.0001-000-99150 385,000.00 Transfer to Future Replacement Rese…233,243.00 116,621.50 116,621.50 50.00%0.0001-000-99500 233,243.00 Category: 99 - Other Financing Uses Total:116,621.500.00618,243.00 618,243.00 501,621.50 81.14 % Department: 000 - General Total:116,621.500.00618,243.00 618,243.00 501,621.50 81.14 % Department: 140 - Manager's Office Category: 50 - Personnel Services Salaries - Regular 673,682.00 536,406.12 137,275.88 20.38%37,323.2101-140-50100 523,682.00 Salaries - Longevity 1,863.00 1,882.50 -19.50 -1.05%0.0001-140-50140 1,863.00 Salaries - Stipend 4,500.00 4,000.00 500.00 11.11%0.0001-140-50145 4,500.00 Retirement 130,002.00 103,930.69 26,071.31 20.05%5,996.9501-140-51200 115,002.00 Medical Insurance 51,838.00 30,992.47 20,845.53 40.21%3,922.7301-140-51210 51,838.00 Dental Insurance 3,828.00 2,187.03 1,640.97 42.87%263.3501-140-51215 3,828.00 Vision Insurance 819.00 453.13 365.87 44.67%52.0201-140-51216 819.00 Life Insurance & Other 3,445.00 2,081.62 1,363.38 39.58%282.1401-140-51218 3,445.00 Social Security Taxes 31,400.00 22,927.49 8,472.51 26.98%2,224.5901-140-52220 29,400.00 Medicare Taxes 9,686.00 7,767.92 1,918.08 19.80%520.2401-140-52225 7,686.00 Unemployment Taxes 1,242.00 2,019.12 -777.12 -62.57%0.1401-140-52250 1,242.00 Workman's Compensation 1,327.00 1,164.77 162.23 12.23%293.8801-140-52260 1,327.00 Pre-employment Physicals/Testing 0.00 112.90 -112.90 0.00%0.0001-140-52290 0.00 Auto Allowance 7,640.00 6,140.00 1,500.00 19.63%500.0001-140-52950 12,000.00 Employee Relations 450.00 223.82 226.18 50.26%0.0001-140-52960 450.00 Category: 50 - Personnel Services Total:722,289.5851,379.25757,082.00 921,722.00 199,432.42 21.64 % Category: 60 - Purchased Services Professional Outside Services 2,000.00 500.00 1,500.00 75.00%500.0001-140-60100 2,000.00 TC Magazine 0.00 13,050.00 -13,050.00 0.00%0.0001-140-60110 0.00 Records Management 1,584.00 1,301.00 283.00 17.87%149.0001-140-60805 1,584.00 Newsletter/Year-in-Review 10,000.00 6,982.29 3,017.71 30.18%6,982.2901-140-61500 10,000.00 Town Council Page 190 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 3 of 23 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Elections 10,500.00 10,546.18 -46.18 -0.44%0.0001-140-62100 24,000.00 Advertising 3,000.00 1,438.59 1,561.41 52.05%994.0401-140-63200 3,000.00 Printing 2,000.00 426.65 1,573.35 78.67%124.1501-140-63250 2,000.00 Schools & Training 3,775.00 1,484.28 2,290.72 60.68%320.0001-140-63551 3,775.00 Telephone 500.00 0.00 500.00 100.00%0.0001-140-64300 500.00 Communications /Pagers/Mobiles 4,980.00 2,657.50 2,322.50 46.64%338.8801-140-64400 4,980.00 Independent Labor 1,700.00 1,141.50 558.50 32.85%127.5001-140-67000 1,700.00 Dues & Membership 19,294.00 12,174.80 7,119.20 36.90%150.0001-140-68100 19,294.00 Travel & per diem 7,678.00 1,842.18 5,835.82 76.01%0.0001-140-68200 7,678.00 Meetings 9,608.00 2,395.27 7,212.73 75.07%1,062.9401-140-68600 9,608.00 Category: 60 - Purchased Services Total:55,940.2410,748.8090,119.00 76,619.00 20,678.76 26.99 % Category: 70 - Supplies Office Supplies 3,000.00 1,423.49 1,576.51 52.55%5.6101-140-70100 3,000.00 Postage 2,187.00 1,000.38 1,186.62 54.26%170.7201-140-70300 2,187.00 Publications/Books/Subscriptions 48.00 25.00 23.00 47.92%0.0001-140-70400 48.00 Mayor/Council Expense 20,402.00 10,357.95 10,044.05 49.23%3,438.4801-140-70600 20,402.00 Furniture/Equipment<$5,000 0.00 465.17 -465.17 0.00%0.0001-140-78500 0.00 Maintenance Supplies 100.00 0.00 100.00 100.00%0.0001-140-79100 100.00 Contingency Expense 25,000.00 2,515.53 22,484.47 89.94%0.0001-140-79900 25,000.00 Miscellaneous Expense 2,000.00 1,682.46 317.54 15.88%1,500.0001-140-79999 2,000.00 Category: 70 - Supplies Total:17,469.985,114.8152,737.00 52,737.00 35,267.02 66.87 % Department: 140 - Manager's Office Total:795,699.8067,242.86899,938.00 1,051,078.00 255,378.20 24.30 % Department: 160 - Legal Category: 50 - Personnel Services Salaries - Regular 116,233.00 81,786.49 34,446.51 29.64%9,156.8001-160-50100 116,233.00 Salaries - Longevity 1,058.00 1,057.50 0.50 0.05%0.0001-160-50140 1,058.00 Salaries - Stipend 750.00 750.00 0.00 0.00%0.0001-160-50145 750.00 Retirement 23,203.00 17,535.89 5,667.11 24.42%1,891.8001-160-51200 28,203.00 Medical Insurance 5,570.00 3,987.89 1,582.11 28.40%464.1401-160-51210 5,570.00 Dental Insurance 387.00 278.73 108.27 27.98%32.2601-160-51215 387.00 Vision Insurance 81.00 58.41 22.59 27.89%6.7601-160-51216 81.00 Life Insurance & Other 696.00 496.45 199.55 28.67%57.4601-160-51218 696.00 Social Security Taxes 7,254.00 5,182.76 2,071.24 28.55%567.7201-160-52220 7,254.00 Medicare Taxes 1,712.00 1,212.11 499.89 29.20%132.7801-160-52225 1,712.00 Unemployment Taxes 207.00 9.00 198.00 95.65%0.0001-160-52250 207.00 Workman's Compensation 295.00 195.99 99.01 33.56%65.3301-160-52260 295.00 Category: 50 - Personnel Services Total:112,551.2212,375.05162,446.00 157,446.00 44,894.78 28.51 % Category: 60 - Purchased Services Professional Outside Services 20,000.00 197.50 19,802.50 99.01%0.0001-160-60100 20,000.00 Schools & Training 450.00 299.00 151.00 33.56%0.0001-160-63551 450.00 Telephone 76.00 0.00 76.00 100.00%0.0001-160-64300 76.00 Communications /Pagers/Mobiles 624.00 335.56 288.44 46.22%50.7501-160-64400 624.00 Dues & Membership 475.00 75.00 400.00 84.21%0.0001-160-68100 475.00 Travel & per diem 1,500.00 1,007.20 492.80 32.85%264.4301-160-68200 1,500.00 Category: 60 - Purchased Services Total:1,914.26315.1823,125.00 23,125.00 21,210.74 91.72 % Category: 70 - Supplies Office Supplies 130.00 70.91 59.09 45.45%5.6101-160-70100 130.00 Postage 10.00 36.33 -26.33 -263.30%0.9601-160-70300 10.00 Publications/Books/Subscriptions 7,628.00 4,464.00 3,164.00 41.48%1,116.0001-160-70400 7,628.00 Miscellaneous Expense 50.00 0.00 50.00 100.00%0.0001-160-79999 50.00 Category: 70 - Supplies Total:4,571.241,122.577,818.00 7,818.00 3,246.76 41.53 % Department: 160 - Legal Total:119,036.7213,812.80193,389.00 188,389.00 69,352.28 36.81 % Department: 251 - Police Category: 50 - Personnel Services Salaries - Regular 1,189,755.00 800,004.49 389,750.51 32.76%84,580.7801-251-50100 1,249,755.00 Salaries - Overtime 71,324.00 40,394.31 30,929.69 43.37%1,816.9601-251-50130 46,324.00 Town Council Page 191 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 4 of 23 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Salaries - Longevity 12,728.00 12,072.50 655.50 5.15%0.0001-251-50140 12,728.00 Salaries - Stipend 15,750.00 16,600.00 -850.00 -5.40%0.0001-251-50145 15,750.00 Salaries - Certification 12,000.00 8,401.00 3,599.00 29.99%875.0001-251-50160 12,000.00 Salaries - Holiday Pay 20,080.00 19,836.44 243.56 1.21%0.0001-251-50180 25,080.00 Retirement 177,589.00 116,226.20 61,362.80 34.55%11,062.5601-251-51200 217,589.00 Medical Insurance 112,636.00 73,564.47 39,071.53 34.69%8,120.1201-251-51210 127,636.00 Dental Insurance 10,321.00 5,915.28 4,405.72 42.69%640.2101-251-51215 10,321.00 Vision Insurance 2,271.00 1,307.73 963.27 42.42%141.2001-251-51216 2,271.00 Life Insurance & Other 10,882.00 6,293.37 4,588.63 42.17%680.2601-251-51218 10,882.00 Social Security Taxes 83,445.00 53,610.67 29,834.33 35.75%5,171.3601-251-52220 83,445.00 Medicare Taxes 19,752.00 12,538.39 7,213.61 36.52%1,209.4801-251-52225 19,752.00 Unemployment Taxes 5,085.00 1,067.08 4,017.92 79.02%20.7501-251-52250 5,085.00 Workman's Compensation 27,116.00 25,304.42 1,811.58 6.68%6,005.0901-251-52260 27,116.00 Pre-employment Physicals/Testing 1,200.00 1,171.48 28.52 2.38%400.0001-251-52290 1,200.00 Clothing Allowance 1,800.00 1,021.00 779.00 43.28%25.0001-251-52940 1,800.00 Category: 50 - Personnel Services Total:1,195,328.83120,748.771,868,734.00 1,773,734.00 578,405.17 32.61 % Category: 60 - Purchased Services Professional Outside Services 0.00 3,890.00 -3,890.00 0.00%0.0001-251-60100 0.00 Advertising 0.00 154.38 -154.38 0.00%154.3801-251-63200 0.00 Printing 800.00 7.50 792.50 99.06%0.0001-251-63250 800.00 Schools & Training 5,500.00 3,228.81 2,271.19 41.29%1,380.0401-251-63551 5,500.00 Electricity 18,500.00 8,600.28 9,899.72 53.51%929.7801-251-64000 18,500.00 Water 1,500.00 611.98 888.02 59.20%53.3501-251-64100 1,500.00 Telephone 1,000.00 0.00 1,000.00 100.00%0.0001-251-64300 1,000.00 Communications /Pagers/Mobiles 12,864.00 7,237.75 5,626.25 43.74%687.9901-251-64400 12,864.00 Building Maintenance 12,500.00 10,391.37 2,108.63 16.87%60.9401-251-65200 12,500.00 Vehicle Maintenance 21,730.00 14,570.11 7,159.89 32.95%2,754.2801-251-65300 21,730.00 Equipment Maintenance 4,250.00 3,356.95 893.05 21.01%63.5001-251-65350 4,250.00 Cleaning Services 0.00 196.53 -196.53 0.00%0.0001-251-65400 0.00 Qualifying Expenses 5,400.00 424.98 4,975.02 92.13%0.0001-251-66200 5,400.00 Emergency Management 2,000.00 1,000.00 1,000.00 50.00%0.0001-251-66250 2,000.00 Dispatch - Denton County 34,600.00 27,611.65 6,988.35 20.20%3,067.9501-251-66500 34,600.00 Independent Labor 6,000.00 2,500.00 3,500.00 58.33%350.0001-251-67000 6,000.00 Dues & Membership 2,250.00 407.14 1,842.86 81.90%45.0001-251-68100 2,250.00 Travel & per diem 5,000.00 3,353.25 1,646.75 32.94%12.8801-251-68200 5,000.00 Meetings 375.00 264.72 110.28 29.41%225.1801-251-68600 375.00 Category: 60 - Purchased Services Total:87,807.409,785.27134,269.00 134,269.00 46,461.60 34.60 % Category: 70 - Supplies Office Supplies 2,500.00 1,908.79 591.21 23.65%215.4401-251-70100 2,500.00 Postage 900.00 313.56 586.44 65.16%61.3201-251-70300 900.00 Publications/Books/Subscriptions 350.00 226.28 123.72 35.35%226.2801-251-70400 350.00 Fuel 48,995.00 16,763.20 32,231.80 65.79%0.0001-251-71000 58,995.00 Uniforms 14,500.00 18,247.30 -3,747.30 -25.84%6,327.4501-251-72100 14,500.00 Protective Clothing 3,950.00 3,242.31 707.69 17.92%0.0001-251-72150 3,950.00 Investigative Materials 6,500.00 6,670.63 -170.63 -2.63%0.0001-251-72400 6,500.00 Animal Control 6,250.00 4,609.84 1,640.16 26.24%0.0001-251-77100 6,250.00 Small Equipment 6,150.00 2,023.97 4,126.03 67.09%319.6801-251-78400 6,150.00 Furniture/Equipment<$5,000 2,000.00 2,360.67 -360.67 -18.03%0.0001-251-78500 2,000.00 Maintenance Supplies 2,000.00 2,220.96 -220.96 -11.05%322.3501-251-79100 2,000.00 Miscellaneous Expense 1,500.00 1,584.29 -84.29 -5.62%0.0001-251-79999 1,500.00 Category: 70 - Supplies Total:60,171.807,472.52105,595.00 95,595.00 35,423.20 37.06 % Category: 80 - Capital Programs & Special Projects 1,500.00 894.52 605.48 40.37%65.9901-251-87100 1,500.00 Category: 80 - Capital Total:894.5265.991,500.00 1,500.00 605.48 40.37 % Department: 251 - Police Total:1,344,202.55138,072.552,110,098.00 2,005,098.00 660,895.45 32.96 % Town Council Page 192 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 5 of 23 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Department: 255 - EMS Category: 50 - Personnel Services Salaries - Regular 471,029.00 331,921.95 139,107.05 29.53%36,181.1301-255-50100 471,029.00 Salaries - Overtime 45,258.00 27,530.69 17,727.31 39.17%3,648.2301-255-50130 45,258.00 Salaries - Longevity 5,501.00 5,291.28 209.72 3.81%0.0001-255-50140 5,501.00 Salaries - Stipend 11,250.00 10,117.50 1,132.50 10.07%0.0001-255-50145 11,250.00 Salaries - Certification 4,800.00 3,731.50 1,068.50 22.26%450.0001-255-50160 4,800.00 Salaries - Holiday Pay 14,749.00 14,461.43 287.57 1.95%0.0001-255-50180 14,749.00 Retirement 77,367.00 53,872.37 23,494.63 30.37%5,333.9801-255-51200 91,367.00 Medical Insurance 59,167.00 40,926.34 18,240.66 30.83%4,534.2901-255-51210 59,167.00 Dental Insurance 4,387.00 3,156.95 1,230.05 28.04%349.7001-255-51215 4,387.00 Vision Insurance 807.00 551.64 255.36 31.64%60.6801-255-51216 807.00 Life Insurance & Other 4,030.00 2,779.94 1,250.06 31.02%310.5201-255-51218 4,030.00 Social Security Taxes 33,563.00 22,462.15 11,100.85 33.07%2,286.1701-255-52220 33,563.00 Medicare Taxes 8,013.00 5,254.47 2,758.53 34.43%534.8601-255-52225 8,013.00 Unemployment Taxes 1,620.00 -35.59 1,655.59 102.20%1.5901-255-52250 1,620.00 Workman's Compensation 8,763.00 6,484.26 2,278.74 26.00%1,940.6501-255-52260 8,763.00 Pre-employment Physicals/Testing 0.00 147.50 -147.50 0.00%147.5001-255-52290 0.00 Category: 50 - Personnel Services Total:528,654.3855,779.30764,304.00 750,304.00 221,649.62 29.54 % Category: 60 - Purchased Services Collection Fees 14,006.00 12,917.33 1,088.67 7.77%1,003.2501-255-62000 14,006.00 Hazmat Disposal 500.00 781.56 -281.56 -56.31%0.0001-255-62200 500.00 Radios 500.00 81.99 418.01 83.60%0.0001-255-63450 500.00 Schools & Training 1,575.00 813.50 761.50 48.35%0.0001-255-63551 1,575.00 Electricity 6,700.00 5,105.14 1,594.86 23.80%931.8501-255-64000 6,700.00 Water 1,750.00 965.11 784.89 44.85%223.1901-255-64100 1,750.00 Telephone 120.00 0.00 120.00 100.00%0.0001-255-64300 120.00 Communications /Pagers/Mobiles 2,616.00 1,379.90 1,236.10 47.25%113.9401-255-64400 2,616.00 Building Maintenance 200.00 584.69 -384.69 -192.35%260.9901-255-65200 200.00 Vehicle Maintenance 4,500.00 5,753.51 -1,253.51 -27.86%1,337.1401-255-65300 4,500.00 Equipment Maintenance 4,700.00 1,574.20 3,125.80 66.51%1,574.2001-255-65350 4,700.00 Emergency Management 0.00 2,180.00 -2,180.00 0.00%0.0001-255-66250 0.00 Dispatch - Denton County 2,216.00 2,215.50 0.50 0.02%0.0001-255-66500 2,216.00 Dues & Membership 1,332.00 316.00 1,016.00 76.28%90.0001-255-68100 1,332.00 Flags & Repairs 2,000.00 2,115.32 -115.32 -5.77%502.5001-255-68190 2,000.00 Travel & per diem 1,600.00 592.34 1,007.66 62.98%0.0001-255-68200 1,600.00 Meetings 100.00 32.52 67.48 67.48%32.5201-255-68600 100.00 Safety Programs 500.00 0.00 500.00 100.00%0.0001-255-68700 500.00 Category: 60 - Purchased Services Total:37,408.616,069.5844,915.00 44,915.00 7,506.39 16.71 % Category: 70 - Supplies Office Supplies 150.00 21.87 128.13 85.42%0.0001-255-70100 150.00 Postage 70.00 53.17 16.83 24.04%0.4901-255-70300 70.00 Publications/Books/Subscriptions 200.00 0.00 200.00 100.00%0.0001-255-70400 200.00 Fuel 6,423.00 4,166.26 2,256.74 35.14%0.0001-255-71000 6,423.00 Uniforms 2,500.00 2,044.42 455.58 18.22%415.3601-255-72100 2,500.00 Medical Control 7,000.00 4,034.00 2,966.00 42.37%3,024.0001-255-72200 7,000.00 Pharmacy 2,750.00 3,231.75 -481.75 -17.52%1,065.9301-255-72220 2,750.00 Oxygen 900.00 936.32 -36.32 -4.04%187.0501-255-72250 900.00 Disposable Supplies 5,400.00 4,024.36 1,375.64 25.47%852.2301-255-72500 5,400.00 Small Equipment 2,200.00 2,172.98 27.02 1.23%2,025.0001-255-78400 2,200.00 Maintenance Supplies 150.00 91.11 58.89 39.26%0.0001-255-79100 150.00 Miscellaneous Expense 400.00 348.75 51.25 12.81%0.0001-255-79999 400.00 Category: 70 - Supplies Total:21,124.997,570.0628,143.00 28,143.00 7,018.01 24.94 % Department: 255 - EMS Total:587,187.9869,418.94837,362.00 823,362.00 236,174.02 28.68 % Department: 360 - Streets Category: 50 - Personnel Services Salaries - Regular 143,225.00 92,667.49 50,557.51 35.30%9,616.9801-360-50100 148,225.00 Town Council Page 193 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 6 of 23 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Salaries - Overtime 3,000.00 1,620.64 1,379.36 45.98%187.0401-360-50130 3,000.00 Salaries - Longevity 1,961.00 1,961.25 -0.25 -0.01%0.0001-360-50140 1,961.00 Salaries - Stipend 2,085.00 2,015.00 70.00 3.36%0.0001-360-50145 2,085.00 Retirement 21,229.00 13,786.23 7,442.77 35.06%1,339.2301-360-51200 26,229.00 Medical Insurance 19,860.00 13,081.74 6,778.26 34.13%1,446.1801-360-51210 19,860.00 Dental Insurance 1,541.00 932.55 608.45 39.48%102.3201-360-51215 1,541.00 Vision Insurance 298.00 199.27 98.73 33.13%21.8901-360-51216 298.00 Life Insurance & Other 1,288.00 800.38 487.62 37.86%85.4801-360-51218 1,288.00 Social Security Taxes 9,498.00 5,556.49 3,941.51 41.50%545.6701-360-52220 9,498.00 Medicare Taxes 2,251.00 1,299.52 951.48 42.27%127.6101-360-52225 2,251.00 Unemployment Taxes 573.00 -1.24 574.24 100.22%0.0001-360-52250 573.00 Workman's Compensation 5,386.00 2,733.97 2,652.03 49.24%1,192.7801-360-52260 5,386.00 Pre-employment Physicals/Testing 0.00 9.80 -9.80 0.00%0.0001-360-52290 0.00 Category: 50 - Personnel Services Total:136,663.0914,665.18222,195.00 212,195.00 75,531.91 35.60 % Category: 60 - Purchased Services Professional Services - PID Utility 5,000.00 0.00 5,000.00 100.00%0.0001-360-60100 5,000.00 Schools & Training 600.00 0.00 600.00 100.00%0.0001-360-63551 600.00 Electricity 173,237.00 99,452.12 73,784.88 42.59%13,008.8901-360-64000 173,237.00 Telephone 125.00 0.00 125.00 100.00%0.0001-360-64300 125.00 Communications /Pagers/Mobiles 2,580.00 1,449.69 1,130.31 43.81%133.3701-360-64400 2,580.00 Equipment Maintenance 3,000.00 55.56 2,944.44 98.15%0.0001-360-65350 3,000.00 Dues & Membership 428.00 294.00 134.00 31.31%110.0001-360-68100 428.00 Travel & per diem 812.00 0.00 812.00 100.00%0.0001-360-68200 812.00 Meetings 150.00 0.00 150.00 100.00%0.0001-360-68600 150.00 Category: 60 - Purchased Services Total:101,251.3713,252.26185,932.00 185,932.00 84,680.63 45.54 % Category: 70 - Supplies Office Supplies 200.00 70.91 129.09 64.55%5.6101-360-70100 200.00 Postage 100.00 1.93 98.07 98.07%0.4901-360-70300 100.00 Uniforms 1,750.00 1,470.82 279.18 15.95%0.0001-360-72100 1,750.00 Small Tools 1,500.00 1,206.92 293.08 19.54%715.3201-360-78200 1,500.00 Category: 70 - Supplies Total:2,750.58721.423,550.00 3,550.00 799.42 22.52 % Category: 80 - Capital Capital Expenses 55,000.00 55,181.07 -181.07 -0.33%0.0001-360-83700 0.00 Category: 80 - Capital Total:55,181.070.000.00 55,000.00 -181.07 -0.33 % Department: 360 - Streets Total:295,846.1128,638.86411,677.00 456,677.00 160,830.89 35.22 % Department: 400 - Parks Category: 50 - Personnel Services Salaries - Regular 428,803.00 276,564.66 152,238.34 35.50%31,616.3901-400-50100 428,803.00 Salaries - Overtime 12,500.00 9,582.69 2,917.31 23.34%3,422.2501-400-50130 12,500.00 Salaries - Longevity 3,461.00 3,490.00 -29.00 -0.84%0.0001-400-50140 3,461.00 Salaries - Stipend 7,125.00 7,375.00 -250.00 -3.51%0.0001-400-50145 7,125.00 Salaries - Certification 1,500.00 1,035.00 465.00 31.00%125.0001-400-50160 1,500.00 Retirement 64,089.00 41,762.43 22,326.57 34.84%4,803.3801-400-51200 76,589.00 Medical Insurance 68,640.00 45,628.35 23,011.65 33.53%5,451.6501-400-51210 68,640.00 Dental Insurance 4,861.00 3,139.54 1,721.46 35.41%361.3701-400-51215 4,861.00 Vision Insurance 1,050.00 731.22 318.78 30.36%85.4801-400-51216 1,050.00 Life Insurance & Other 3,762.00 2,589.31 1,172.69 31.17%268.8001-400-51218 3,762.00 Social Security Taxes 27,668.00 17,209.35 10,458.65 37.80%2,014.8201-400-52220 27,668.00 Medicare Taxes 6,574.00 4,024.93 2,549.07 38.78%471.2001-400-52225 6,574.00 Unemployment Taxes 2,174.00 106.03 2,067.97 95.12%4.9101-400-52250 2,174.00 Workman's Compensation 10,300.00 9,399.22 900.78 8.75%2,281.0401-400-52260 10,300.00 Pre-employment Physicals/Testing 315.00 110.40 204.60 64.95%0.0001-400-52290 315.00 Auto Allowance 2,100.00 0.00 2,100.00 100.00%0.0001-400-52950 2,100.00 Category: 50 - Personnel Services Total:422,748.1350,906.29657,422.00 644,922.00 222,173.87 34.45 % Category: 60 - Purchased Services Advertising 1,000.00 2,026.78 -1,026.78 -102.68%1,556.7801-400-63200 1,000.00 Town Council Page 194 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 7 of 23 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Schools & Training 4,596.00 1,911.00 2,685.00 58.42%500.0001-400-63551 4,596.00 Electricity 41,695.00 18,644.35 23,050.65 55.28%2,250.6101-400-64000 41,695.00 Water 73,315.00 29,495.07 43,819.93 59.77%350.0001-400-64100 73,315.00 Telephone 435.00 0.00 435.00 100.00%0.0001-400-64300 435.00 Communications /Pagers/Mobiles 7,220.00 5,534.05 1,685.95 23.35%658.3401-400-64400 7,220.00 Property Maintenance 113,100.00 50,406.99 62,693.01 55.43%5,822.1701-400-65100 113,100.00 Building Maintenance 2,500.00 3,267.46 -767.46 -30.70%1,211.8701-400-65200 2,500.00 Vehicle Maintenance 8,241.00 7,778.95 462.05 5.61%360.0001-400-65300 8,241.00 Equipment Maintenance 11,032.00 8,501.66 2,530.34 22.94%400.9201-400-65350 11,032.00 Storage Rental 14,008.00 11,986.31 2,021.69 14.43%0.0001-400-67210 14,008.00 Portable Toilets 4,243.00 0.00 4,243.00 100.00%0.0001-400-67350 4,243.00 Dues & Membership 1,189.00 709.17 479.83 40.36%125.0001-400-68100 1,189.00 Travel & per diem 2,155.00 1,857.63 297.37 13.80%0.0001-400-68200 2,155.00 Meetings 900.00 934.59 -34.59 -3.84%242.2101-400-68600 900.00 Safety Program 464.00 602.35 -138.35 -29.82%0.0001-400-68700 464.00 Category: 60 - Purchased Services Total:143,656.3613,477.90286,093.00 286,093.00 142,436.64 49.79 % Category: 70 - Supplies Office Supplies 372.00 398.04 -26.04 -7.00%35.2801-400-70100 372.00 Postage 52.00 3.99 48.01 92.33%2.8001-400-70300 52.00 Publications/Books/Subscriptions 515.00 80.75 434.25 84.32%80.7501-400-70400 515.00 Fuel 12,013.00 8,679.62 3,333.38 27.75%91.8501-400-71000 17,013.00 Uniforms 6,750.00 6,142.63 607.37 9.00%504.7501-400-72100 6,750.00 Small Tools 7,000.00 6,052.54 947.46 13.54%181.2901-400-78200 7,000.00 Safety Equipment 2,039.00 3,587.41 -1,548.41 -75.94%239.4901-400-78300 2,039.00 Furniture/Equipment<$5,000 1,030.00 0.00 1,030.00 100.00%0.0001-400-78500 1,030.00 Miscellaneous Expense 300.00 183.53 116.47 38.82%0.0001-400-79999 300.00 Category: 70 - Supplies Total:25,128.511,136.2135,071.00 30,071.00 4,942.49 16.44 % Category: 80 - Capital Capital Expenses 0.00 1,166.66 -1,166.66 0.00%1,166.6601-400-83700 0.00 Category: 80 - Capital Total:1,166.661,166.660.00 0.00 -1,166.66 0.00 % Department: 400 - Parks Total:592,699.6666,687.06978,586.00 961,086.00 368,386.34 38.33 % Department: 401 - Medians Category: 50 - Personnel Services Salaries - Regular 98,876.00 68,638.81 30,237.19 30.58%7,865.4701-401-50100 98,876.00 Salaries - Overtime 2,000.00 2,939.02 -939.02 -46.95%686.3101-401-50130 2,000.00 Salaries - Longevity 285.00 200.00 85.00 29.82%0.0001-401-50140 285.00 Salaries - Stipend 2,250.00 2,000.00 250.00 11.11%0.0001-401-50145 2,250.00 Retirement 14,469.00 10,316.24 4,152.76 28.70%1,168.1701-401-51200 17,469.00 Medical Insurance 16,709.00 11,573.28 5,135.72 30.74%1,329.0901-401-51210 16,709.00 Dental Insurance 1,442.00 940.21 501.79 34.80%96.7801-401-51215 1,442.00 Vision Insurance 300.00 196.11 103.89 34.63%20.2801-401-51216 300.00 Life Insurance & Other 985.00 669.82 315.18 32.00%81.9001-401-51218 985.00 Social Security Taxes 6,272.00 4,525.40 1,746.60 27.85%526.4901-401-52220 6,272.00 Medicare Taxes 1,499.00 1,058.41 440.59 29.39%123.1301-401-52225 1,499.00 Unemployment Taxes 621.00 71.88 549.12 88.43%7.5501-401-52250 621.00 Workman's Compensation 2,375.00 1,577.91 797.09 33.56%525.9701-401-52260 2,375.00 Pre-employment Physicals/Testing 0.00 70.00 -70.00 0.00%0.0001-401-52290 0.00 Category: 50 - Personnel Services Total:104,777.0912,431.14151,083.00 148,083.00 43,305.91 29.24 % Category: 60 - Purchased Services Electricity 1,030.00 1,500.82 -470.82 -45.71%0.0001-401-64000 1,030.00 Water 32,273.00 19,957.88 12,315.12 38.16%0.0001-401-64100 32,273.00 Communications /Pagers/Mobiles 1,200.00 772.09 427.91 35.66%95.5001-401-64400 1,200.00 Property Maintenance 84,000.00 80,858.41 3,141.59 3.74%17,389.1801-401-65100 84,000.00 Vehicle Maintenance 2,048.00 55.00 1,993.00 97.31%0.0001-401-65300 2,048.00 Equipment Maintenance 3,167.00 0.00 3,167.00 100.00%0.0001-401-65350 3,167.00 Meetings 103.00 0.00 103.00 100.00%0.0001-401-68600 103.00 Safety Program 155.00 0.00 155.00 100.00%0.0001-401-68700 155.00 Town Council Page 195 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 8 of 23 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Tree City 10,000.00 4,830.00 5,170.00 51.70%0.0001-401-69100 10,000.00 Category: 60 - Purchased Services Total:107,974.2017,484.68133,976.00 133,976.00 26,001.80 19.41 % Category: 70 - Supplies Fuel 447.00 1,037.32 -590.32 -132.06%0.0001-401-71000 5,447.00 Uniforms 2,444.00 2,112.85 331.15 13.55%0.0001-401-72100 2,444.00 Small Tools 6,360.00 1,323.26 5,036.74 79.19%0.0001-401-78200 6,360.00 Category: 70 - Supplies Total:4,473.430.0014,251.00 9,251.00 4,777.57 51.64 % Department: 401 - Medians Total:217,224.7229,915.82299,310.00 291,310.00 74,085.28 25.43 % Department: 450 - Recreation Category: 50 - Personnel Services Salaries - Regular 309,673.00 131,393.67 178,279.33 57.57%38,890.4801-450-50100 309,673.00 Salaries - Overtime 3,800.00 487.16 3,312.84 87.18%487.1601-450-50130 3,800.00 Salaries - Longevity 892.00 900.50 -8.50 -0.95%0.0001-450-50140 892.00 Salaries - Stipend 1,575.00 1,575.00 0.00 0.00%0.0001-450-50145 1,575.00 Retirement 19,640.00 13,684.08 5,955.92 30.33%1,461.3001-450-51200 23,140.00 Medical Insurance 13,341.00 9,257.84 4,083.16 30.61%1,071.5101-450-51210 13,341.00 Dental Insurance 891.00 709.41 181.59 20.38%82.1101-450-51215 891.00 Vision Insurance 199.00 142.83 56.17 28.23%16.5201-450-51216 199.00 Life Insurance & Other 1,141.00 812.93 328.07 28.75%94.1101-450-51218 1,141.00 Social Security Taxes 19,491.00 8,105.60 11,385.40 58.41%2,415.4501-450-52220 19,491.00 Medicare Taxes 4,581.00 1,895.52 2,685.48 58.62%564.8801-450-52225 4,581.00 Unemployment Taxes 2,198.00 122.87 2,075.13 94.41%86.1001-450-52250 2,198.00 Workman's Compensation 7,438.00 4,941.66 2,496.34 33.56%1,647.2201-450-52260 7,438.00 Pre-employment Physicals/Testing 2,705.00 2,761.90 -56.90 -2.10%580.1001-450-52290 2,705.00 Auto Allowance 2,100.00 0.00 2,100.00 100.00%0.0001-450-52950 2,100.00 Category: 50 - Personnel Services Total:176,790.9747,396.94393,165.00 389,665.00 212,874.03 54.63 % Category: 60 - Purchased Services Software & Support 4,805.00 197.32 4,607.68 95.89%21.2401-450-60800 4,805.00 Health Inspections 261.00 0.00 261.00 100.00%0.0001-450-62300 261.00 Advertising 2,716.00 955.90 1,760.10 64.80%0.0001-450-63200 2,716.00 Printing 5,813.00 2,700.80 3,112.20 53.54%0.0001-450-63250 5,813.00 Schools & Training 5,733.00 1,653.50 4,079.50 71.16%165.0001-450-63551 5,733.00 Service Charges and Fees 5,700.00 7,546.62 -1,846.62 -32.40%5,292.8401-450-63800 5,700.00 Electricity 19,500.00 8,051.06 11,448.94 58.71%1,147.9101-450-64000 19,500.00 Water 13,138.00 5,585.81 7,552.19 57.48%0.0001-450-64100 13,138.00 Telephone 1,295.00 1,356.69 -61.69 -4.76%150.8501-450-64300 1,295.00 Communications /Pagers/Mobiles 3,000.00 1,820.27 1,179.73 39.32%736.4901-450-64400 3,000.00 Insurance 501.00 0.00 501.00 100.00%0.0001-450-65000 501.00 Property Maintenance 6,221.00 12,587.25 -6,366.25 -102.33%1,201.3301-450-65100 6,221.00 Independent Labor 2,824.00 100.00 2,724.00 96.46%100.0001-450-67000 2,824.00 Equipment Rental/Lease 5,901.00 480.00 5,421.00 91.87%480.0001-450-67100 5,901.00 Dues & Membership 7,367.00 3,032.00 4,335.00 58.84%2,832.0001-450-68100 7,367.00 Travel & per diem 5,910.00 4,284.98 1,625.02 27.50%0.0001-450-68200 5,910.00 Meetings 1,191.00 86.20 1,104.80 92.76%0.0001-450-68600 1,191.00 Field Trips 5,665.00 2,542.50 3,122.50 55.12%1,777.5001-450-68750 5,665.00 Category: 60 - Purchased Services Total:52,980.9013,905.1697,541.00 97,541.00 44,560.10 45.68 % Category: 70 - Supplies Office Supplies 1,988.00 918.99 1,069.01 53.77%217.4501-450-70100 1,988.00 Postage 777.00 1,324.31 -547.31 -70.44%0.0001-450-70300 777.00 Publications/Books/Subscriptions 478.00 272.84 205.16 42.92%0.0001-450-70400 478.00 Uniforms 8,110.00 6,261.19 1,848.81 22.80%4,726.1901-450-72100 8,110.00 Chemicals 19,156.00 7,676.47 11,479.53 59.93%2,213.6001-450-72300 19,156.00 Concessions 10,400.00 1,940.52 8,459.48 81.34%1,940.5201-450-72600 10,400.00 Program Supplies 3,578.00 837.79 2,740.21 76.58%811.8401-450-72700 3,578.00 Special Events 1,914.00 2,758.46 -844.46 -44.12%0.0001-450-76900 1,914.00 Safety Equipment 1,190.00 735.44 454.56 38.20%735.4401-450-78300 1,190.00 Small Equipment 2,500.00 448.13 2,051.87 82.07%370.4501-450-78400 2,500.00 Town Council Page 196 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 9 of 23 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Furniture/Equipment<$5,000 5,509.00 5,279.97 229.03 4.16%0.0001-450-78500 5,509.00 Hardware 1,500.00 631.87 868.13 57.88%0.0001-450-78600 1,500.00 Maintenance Supplies 1,909.00 530.41 1,378.59 72.22%530.4101-450-79100 1,909.00 Miscellaneous Expense 324.00 12.50 311.50 96.14%0.0001-450-79999 324.00 Category: 70 - Supplies Total:29,628.8911,545.9059,333.00 59,333.00 29,704.11 50.06 % Department: 450 - Recreation Total:259,400.7672,848.00550,039.00 546,539.00 287,138.24 52.54 % Department: 460 - Community Events Category: 60 - Purchased Services Advertising 1,288.00 102.44 1,185.56 92.05%0.0001-460-63200 1,288.00 Printing 3,914.00 0.00 3,914.00 100.00%0.0001-460-63250 3,914.00 Event Rentals 37,690.00 15,556.86 22,133.14 58.72%0.0001-460-67300 37,690.00 Dues & Membership 124.00 205.00 -81.00 -65.32%205.0001-460-68100 124.00 Travel & per diem 567.00 0.00 567.00 100.00%0.0001-460-68200 567.00 Category: 60 - Purchased Services Total:15,864.30205.0043,583.00 43,583.00 27,718.70 63.60 % Category: 70 - Supplies Uniforms 606.00 0.00 606.00 100.00%0.0001-460-72100 606.00 Program Supplies 13,231.00 6,288.02 6,942.98 52.48%0.0001-460-72700 13,231.00 Miscellaneous Expense 2,781.00 646.95 2,134.05 76.74%0.0001-460-79999 2,781.00 Category: 70 - Supplies Total:6,934.970.0016,618.00 16,618.00 9,683.03 58.27 % Department: 460 - Community Events Total:22,799.27205.0060,201.00 60,201.00 37,401.73 62.13 % Department: 522 - Community Development Category: 50 - Personnel Services Salaries - Regular 298,068.00 188,557.86 109,510.14 36.74%17,891.2001-522-50100 298,068.00 Salaries - Overtime 3,000.00 4,741.70 -1,741.70 -58.06%333.9001-522-50130 3,000.00 Salaries - Longevity 1,595.00 1,530.00 65.00 4.08%0.0001-522-50140 1,595.00 Salaries - Stipend 4,500.00 4,000.00 500.00 11.11%0.0001-522-50145 4,500.00 Retirement 41,888.00 27,846.30 14,041.70 33.52%2,489.5501-522-51200 51,888.00 Medical Insurance 38,871.00 23,822.74 15,048.26 38.71%2,437.5301-522-51210 38,871.00 Dental Insurance 2,603.00 1,625.91 977.09 37.54%165.1301-522-51215 2,603.00 Vision Insurance 543.00 360.00 183.00 33.70%36.8401-522-51216 543.00 Life Insurance & Other 2,745.00 1,730.68 1,014.32 36.95%168.0601-522-51218 2,745.00 Social Security Taxes 18,765.00 11,896.14 6,868.86 36.60%1,081.5601-522-52220 18,765.00 Medicare Taxes 4,454.00 2,782.27 1,671.73 37.53%252.9601-522-52225 4,454.00 Unemployment Taxes 1,242.00 62.62 1,179.38 94.96%0.0001-522-52250 1,242.00 Workman's Compensation 1,623.00 2,257.49 -634.49 -39.09%359.4301-522-52260 1,623.00 Category: 50 - Personnel Services Total:271,213.7125,216.16429,897.00 419,897.00 148,683.29 35.41 % Category: 60 - Purchased Services Professional Outside Services 12,000.00 12,374.50 -374.50 -3.12%630.0001-522-60100 12,000.00 Engineering 75,000.00 52,103.80 22,896.20 30.53%0.0001-522-60500 75,000.00 Plan Review Services 5,000.00 0.00 5,000.00 100.00%0.0001-522-60600 5,000.00 Appraisal 500.00 0.00 500.00 100.00%0.0001-522-61100 500.00 Health Inspections 6,100.00 3,000.00 3,100.00 50.82%0.0001-522-62300 6,100.00 Inspection Services 8,000.00 0.00 8,000.00 100.00%0.0001-522-62350 8,000.00 Advertising 1,100.00 1,026.42 73.58 6.69%0.0001-522-63200 1,100.00 Printing 1,100.00 79.98 1,020.02 92.73%79.9801-522-63250 1,100.00 Computer Mapping 4,000.00 0.00 4,000.00 100.00%0.0001-522-63300 4,000.00 Abatements 3,000.00 290.00 2,710.00 90.33%50.0001-522-63500 3,000.00 Schools & Training 2,800.00 1,685.49 1,114.51 39.80%614.0001-522-63551 2,800.00 Telephone 600.00 0.00 600.00 100.00%0.0001-522-64300 600.00 Communications /Pagers/Mobiles 3,672.00 1,721.71 1,950.29 53.11%157.7501-522-64400 3,672.00 Vehicle Maintenance 3,000.00 1,967.56 1,032.44 34.41%0.0001-522-65300 3,000.00 Dues & Membership 1,627.00 316.00 1,311.00 80.58%0.0001-522-68100 1,627.00 Travel & per diem 1,000.00 697.56 302.44 30.24%0.0001-522-68200 1,000.00 Meetings 240.00 22.00 218.00 90.83%0.0001-522-68600 240.00 Plat Filing Fees 1,100.00 355.56 744.44 67.68%0.0001-522-69105 1,100.00 Category: 60 - Purchased Services Total:75,640.581,531.73129,839.00 129,839.00 54,198.42 41.74 % Town Council Page 197 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 10 of 23 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Category: 70 - Supplies Office Supplies 2,500.00 1,393.93 1,106.07 44.24%323.4201-522-70100 2,500.00 Postage 500.00 617.57 -117.57 -23.51%212.5001-522-70300 500.00 Publications/Books/Subscriptions 700.00 75.19 624.81 89.26%0.0001-522-70400 700.00 Fuel 6,245.00 2,165.04 4,079.96 65.33%0.0001-522-71000 6,245.00 Uniforms 2,340.00 1,057.47 1,282.53 54.81%63.9801-522-72100 2,340.00 Miscellaneous Expense 900.00 385.70 514.30 57.14%63.6201-522-79999 900.00 Category: 70 - Supplies Total:5,694.90663.5213,185.00 13,185.00 7,490.10 56.81 % Category: 80 - Capital Capital Replacement 0.00 40,295.21 -40,295.21 0.00%17,380.6901-522-83650 0.00 Category: 80 - Capital Total:40,295.2117,380.690.00 0.00 -40,295.21 0.00 % Department: 522 - Community Development Total:392,844.4044,792.10572,921.00 562,921.00 170,076.60 30.21 % Department: 611 - Finance Category: 50 - Personnel Services Salaries - Regular 188,912.00 124,291.04 64,620.96 34.21%12,516.8001-611-50100 188,912.00 Salaries - Longevity 270.00 200.00 70.00 25.93%0.0001-611-50140 270.00 Salaries - Stipend 2,250.00 1,500.00 750.00 33.33%0.0001-611-50145 2,250.00 Retirement 22,338.00 12,126.48 10,211.52 45.71%1,709.7801-611-51200 32,338.00 Medical Insurance 15,861.00 11,324.91 4,536.09 28.60%1,546.5701-611-51210 23,861.00 Dental Insurance 1,665.00 795.86 869.14 52.20%112.1601-611-51215 1,665.00 Vision Insurance 398.00 163.34 234.66 58.96%23.9801-611-51216 398.00 Life Insurance & Other 1,671.00 744.64 926.36 55.44%99.6701-611-51218 1,671.00 Social Security Taxes 11,729.00 4,961.46 6,767.54 57.70%721.2001-611-52220 11,729.00 Medicare Taxes 2,776.00 1,160.33 1,615.67 58.20%168.6601-611-52225 2,776.00 Unemployment Taxes 597.00 27.51 569.49 95.39%8.6501-611-52250 597.00 Workman's Compensation 479.00 318.24 160.76 33.56%106.0801-611-52260 479.00 Pre-employment Physicals/Testing 0.00 74.45 -74.45 0.00%0.0001-611-52290 0.00 Category: 50 - Personnel Services Total:157,688.2617,013.55266,946.00 248,946.00 91,257.74 36.66 % Category: 60 - Purchased Services Professional Outside Services 2,100.00 2,145.00 -45.00 -2.14%0.0001-611-60100 2,100.00 Auditing 32,750.00 22,750.00 10,000.00 30.53%0.0001-611-60200 32,750.00 Appraisal 46,394.00 35,758.03 10,635.97 22.93%11,073.3401-611-61100 46,394.00 Tax Administration 4,416.00 3,290.61 1,125.39 25.48%0.0001-611-61150 4,416.00 Advertising 3,800.00 150.00 3,650.00 96.05%0.0001-611-63200 3,800.00 Printing 750.00 1,368.15 -618.15 -82.42%39.9901-611-63250 750.00 Schools & Training 2,855.00 3,281.47 -426.47 -14.94%2,485.0001-611-63551 2,855.00 Service Charges & Fees 18,120.00 10,213.74 7,906.26 43.63%1,579.7701-611-63800 18,120.00 PID 100.00 0.00 100.00 100.00%0.0001-611-63850 100.00 Telephone 100.00 0.00 100.00 100.00%0.0001-611-64300 100.00 Communications /Pagers/Mobiles 900.00 0.00 900.00 100.00%0.0001-611-64400 900.00 Dues & Membership 1,500.00 1,190.00 310.00 20.67%740.0001-611-68100 1,500.00 Travel & per diem 2,916.00 767.74 2,148.26 73.67%0.0001-611-68200 2,916.00 Meetings 100.00 105.00 -5.00 -5.00%70.0001-611-68600 100.00 Category: 60 - Purchased Services Total:81,019.7415,988.10116,801.00 116,801.00 35,781.26 30.63 % Category: 70 - Supplies Office Supplies 1,800.00 1,629.29 170.71 9.48%396.1301-611-70100 1,800.00 Postage 1,000.00 578.65 421.35 42.14%105.4501-611-70300 1,000.00 Publications/Books/Subscriptions 250.00 0.00 250.00 100.00%0.0001-611-70400 250.00 Furniture/Equipment<$5,000 200.00 99.00 101.00 50.50%99.0001-611-78500 200.00 Miscellaneous Expense 100.00 0.00 100.00 100.00%0.0001-611-79999 100.00 Category: 70 - Supplies Total:2,306.94600.583,350.00 3,350.00 1,043.06 31.14 % Department: 611 - Finance Total:241,014.9433,602.23387,097.00 369,097.00 128,082.06 34.70 % Department: 615 - Municipal Court Category: 50 - Personnel Services Salaries - Regular 54,747.00 36,456.60 18,290.40 33.41%4,474.1001-615-50100 54,747.00 Salaries - Longevity 80.00 0.00 80.00 100.00%0.0001-615-50140 80.00 Town Council Page 198 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 11 of 23 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Salaries - Stipend 750.00 750.00 0.00 0.00%0.0001-615-50145 750.00 Retirement 7,714.00 5,058.62 2,655.38 34.42%541.1601-615-51200 8,714.00 Medical Insurance 5,570.00 3,987.89 1,582.11 28.40%464.1401-615-51210 5,570.00 Dental Insurance 387.00 278.73 108.27 27.98%32.2601-615-51215 387.00 Vision Insurance 81.00 58.41 22.59 27.89%6.7601-615-51216 81.00 Life Insurance & Other 512.00 364.26 147.74 28.86%42.1601-615-51218 512.00 Social Security Taxes 3,399.00 2,297.66 1,101.34 32.40%276.3401-615-52220 3,399.00 Medicare Taxes 806.00 537.33 268.67 33.33%64.6301-615-52225 806.00 Unemployment Taxes 222.00 2.01 219.99 99.09%1.5401-615-52250 222.00 Workman's Compensation 129.00 85.71 43.29 33.56%28.5701-615-52260 129.00 Category: 50 - Personnel Services Total:49,877.225,931.6675,397.00 74,397.00 24,519.78 32.96 % Category: 60 - Purchased Services Professional Outside Services 1,890.00 1,035.75 854.25 45.20%213.1501-615-60100 1,890.00 Judge's Compensation 4,500.00 3,450.00 1,050.00 23.33%300.0001-615-60300 4,500.00 Printing 1,100.00 312.50 787.50 71.59%0.0001-615-63250 1,100.00 Schools & Training 350.00 50.00 300.00 85.71%0.0001-615-63551 350.00 Telephone 150.00 0.00 150.00 100.00%0.0001-615-64300 150.00 Jury Fees 144.00 36.00 108.00 75.00%0.0001-615-66300 144.00 Dues & Membership 130.00 0.00 130.00 100.00%0.0001-615-68100 130.00 Travel & per diem 625.00 0.00 625.00 100.00%0.0001-615-68200 625.00 Category: 60 - Purchased Services Total:4,884.25513.158,889.00 8,889.00 4,004.75 45.05 % Category: 70 - Supplies Office Supplies 450.00 219.87 230.13 51.14%16.1301-615-70100 450.00 Postage 1,000.00 348.15 651.85 65.19%83.4201-615-70300 1,000.00 Furniture/Equipment<$5,000 200.00 199.99 0.01 0.01%0.0001-615-78500 200.00 Miscellaneous Expense 0.00 136.00 -136.00 0.00%0.0001-615-79999 0.00 Category: 70 - Supplies Total:904.0199.551,650.00 1,650.00 745.99 45.21 % Department: 615 - Municipal Court Total:55,665.486,544.3685,936.00 84,936.00 29,270.52 34.46 % Department: 630 - Human Resources Category: 50 - Personnel Services Salaries - Regular 51,765.00 36,194.08 15,570.92 30.08%5,545.6001-630-50100 51,765.00 Salaries - Longevity 65.00 0.00 65.00 100.00%0.0001-630-50140 65.00 Salaries - Stipend 750.00 0.00 750.00 100.00%0.0001-630-50145 750.00 Retirement 6,882.00 5,117.07 1,764.93 25.65%757.5201-630-51200 8,882.00 Medical Insurance 0.00 3,059.61 -3,059.61 0.00%464.1401-630-51210 0.00 Dental Insurance 387.00 235.66 151.34 39.11%32.2601-630-51215 387.00 Vision Insurance 81.00 44.89 36.11 44.58%6.7601-630-51216 81.00 Life Insurance & Other 474.00 307.24 166.76 35.18%48.0001-630-51218 474.00 Social Security Taxes 3,213.00 2,202.80 1,010.20 31.44%336.0801-630-52220 3,213.00 Medicare Taxes 762.00 515.18 246.82 32.39%78.6001-630-52225 762.00 Unemployment Taxes 207.00 -156.87 363.87 175.78%0.0001-630-52250 207.00 Workman's Compensation 131.00 87.03 43.97 33.56%29.0101-630-52260 131.00 Pre-employment Physicals/Testing 0.00 450.00 -450.00 0.00%0.0001-630-52290 0.00 Employee Relations 8,150.00 6,100.77 2,049.23 25.14%152.3801-630-52960 8,150.00 Tuition Reimbursement 10,100.00 5,619.87 4,480.13 44.36%0.0001-630-53240 10,100.00 Employee Assistance Program 2,688.00 1,705.20 982.80 36.56%736.4001-630-53280 2,688.00 Category: 50 - Personnel Services Total:61,482.538,186.7587,655.00 85,655.00 24,172.47 28.22 % Category: 60 - Purchased Services Physicals/Testing 540.00 45.00 495.00 91.67%0.0001-630-60400 540.00 Advertising 0.00 366.48 -366.48 0.00%0.0001-630-63200 0.00 Printing 150.00 0.00 150.00 100.00%0.0001-630-63250 150.00 Schools & Training 1,000.00 0.00 1,000.00 100.00%0.0001-630-63551 1,000.00 Telephone 100.00 0.00 100.00 100.00%0.0001-630-64300 100.00 Communications /Pagers/Mobiles 900.00 446.85 453.15 50.35%75.0001-630-64400 900.00 Dues & Membership 250.00 75.00 175.00 70.00%0.0001-630-68100 250.00 Town Council Page 199 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 12 of 23 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Travel & per diem 500.00 0.00 500.00 100.00%0.0001-630-68200 500.00 Category: 60 - Purchased Services Total:933.3375.003,440.00 3,440.00 2,506.67 72.87 % Category: 70 - Supplies Office Supplies 1,000.00 622.98 377.02 37.70%109.5801-630-70100 1,000.00 Postage 300.00 115.83 184.17 61.39%7.4101-630-70300 300.00 Publications/Books/Subscriptions 100.00 0.00 100.00 100.00%0.0001-630-70400 100.00 Category: 70 - Supplies Total:738.81116.991,400.00 1,400.00 661.19 47.23 % Department: 630 - Human Resources Total:63,154.678,378.7492,495.00 90,495.00 27,340.33 30.21 % Department: 640 - Information Services Category: 50 - Personnel Services Salaries - Regular 139,358.00 98,421.33 40,936.67 29.38%12,469.6001-640-50100 139,358.00 Salaries - Longevity 1,620.00 1,635.00 -15.00 -0.93%0.0001-640-50140 1,620.00 Salaries - Stipend 1,500.00 1,500.00 0.00 0.00%0.0001-640-50145 1,500.00 Retirement 19,568.00 14,196.63 5,371.37 27.45%1,703.3601-640-51200 24,068.00 Medical Insurance 11,139.00 7,998.06 3,140.94 28.20%928.2801-640-51210 11,139.00 Dental Insurance 774.00 557.46 216.54 27.98%64.5201-640-51215 774.00 Vision Insurance 162.00 116.82 45.18 27.89%13.5201-640-51216 162.00 Life Insurance & Other 1,130.00 802.31 327.69 29.00%92.8601-640-51218 1,130.00 Social Security Taxes 8,741.00 6,296.55 2,444.45 27.97%773.1201-640-52220 8,741.00 Medicare Taxes 2,066.00 1,472.57 593.43 28.72%180.8101-640-52225 2,066.00 Unemployment Taxes 414.00 18.00 396.00 95.65%0.0001-640-52250 414.00 Workman's Compensation 353.00 234.54 118.46 33.56%78.1801-640-52260 353.00 Category: 50 - Personnel Services Total:133,249.2716,304.25191,325.00 186,825.00 53,575.73 28.68 % Category: 60 - Purchased Services Software & Support 216,102.26 169,256.52 46,845.74 21.68%28,679.5001-640-60800 147,602.26 Security 1,350.00 998.86 351.14 26.01%0.0001-640-60900 1,350.00 Schools & Training 3,500.00 800.00 2,700.00 77.14%0.0001-640-63551 3,500.00 Telephone 5,808.00 3,769.07 2,038.93 35.11%0.0001-640-64300 5,808.00 Communications /Pagers/Mobiles 2,716.00 2,029.06 686.94 25.29%260.6901-640-64400 2,716.00 Independent Labor 3,000.00 1,522.50 1,477.50 49.25%850.0001-640-67000 3,000.00 Copier Rental/Lease 7,908.00 7,519.25 388.75 4.92%742.2401-640-67150 7,908.00 Dues & Membership 250.00 150.00 100.00 40.00%0.0001-640-68100 250.00 Travel & per diem 2,849.00 2,679.68 169.32 5.94%0.0001-640-68200 2,849.00 Meetings 72.00 67.19 4.81 6.68%67.1901-640-68600 72.00 Category: 60 - Purchased Services Total:188,792.1330,599.62175,055.26 243,555.26 54,763.13 22.48 % Category: 70 - Supplies Office Supplies 721.00 390.21 330.79 45.88%50.6001-640-70100 721.00 Printer Supplies 7,500.00 7,869.29 -369.29 -4.92%1,290.3301-640-70200 7,500.00 Postage 250.00 64.52 185.48 74.19%11.3801-640-70300 250.00 Uniforms 225.00 156.45 68.55 30.47%0.0001-640-72100 225.00 Hardware 41,623.00 43,329.97 -1,706.97 -4.10%6,136.1701-640-78600 16,623.00 Category: 70 - Supplies Total:51,810.447,488.4825,319.00 50,319.00 -1,491.44 -2.96 % Department: 640 - Information Services Total:373,851.8454,392.35391,699.26 480,699.26 106,847.42 22.23 % Department: 710 - Facilities Management Category: 60 - Purchased Services Electricity 15,000.00 7,472.37 7,527.63 50.18%694.7001-710-64000 15,000.00 Water 1,860.00 600.65 1,259.35 67.71%112.6001-710-64100 1,860.00 Insurance 54,265.00 54,241.92 23.08 0.04%0.0001-710-65000 54,265.00 Building Maintenance 10,000.00 12,309.79 -2,309.79 -23.10%1,810.5701-710-65200 10,000.00 Equipment Maintenance 250.00 467.88 -217.88 -87.15%0.0001-710-65350 250.00 Cleaning Services 17,292.00 11,482.00 5,810.00 33.60%1,182.0001-710-65400 17,292.00 Category: 60 - Purchased Services Total:86,574.613,799.8798,667.00 98,667.00 12,092.39 12.26 % Category: 70 - Supplies Furniture/Equipment<$5,000 10,875.00 9,567.73 1,307.27 12.02%0.0001-710-78500 10,875.00 Town Council Page 200 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 13 of 23 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Maintenance Supplies 1,500.00 1,062.77 437.23 29.15%0.0001-710-79100 1,500.00 Category: 70 - Supplies Total:10,630.500.0012,375.00 12,375.00 1,744.50 14.10 % Department: 710 - Facilities Management Total:97,205.113,799.87111,042.00 111,042.00 13,836.89 12.46 % Expense Total:5,574,455.51638,351.548,600,033.26 8,701,173.26 3,126,717.75 35.93 % Fund: 01 - GENERAL FUND Surplus (Deficit):2,277,547.97-355,714.28-101,685.26 -101,685.26 2,379,233.23 2,339.80 % Fund: 03 - TAX NOTES 2010 Revenue Department: 000 - General Category: 47 - Investment Income Interest Income 0.00 13.64 13.64 0.00%1.9203-000-47000 0.00 Category: 47 - Investment Income Total:13.641.920.00 0.00 13.64 0.00 % Department: 000 - General Total:13.641.920.00 0.00 13.64 0.00 % Revenue Total:13.641.920.00 0.00 13.64 0.00 % Fund: 03 - TAX NOTES 2010 Total:13.641.920.00 0.00 13.64 0.00 % Fund: 04 - CCPD FUND Revenue Department: 000 - General Category: 40 - Taxes Sales Tax - CCPD 147,272.00 122,118.44 -25,153.56 17.08%13,014.2604-000-40350 147,272.00 Category: 40 - Taxes Total:122,118.4413,014.26147,272.00 147,272.00 -25,153.56 17.08 % Category: 47 - Investment Income Interest Income 0.00 84.89 84.89 0.00%11.8004-000-47000 0.00 Category: 47 - Investment Income Total:84.8911.800.00 0.00 84.89 0.00 % Department: 000 - General Total:122,203.3313,026.06147,272.00 147,272.00 -25,068.67 17.02 % Revenue Total:122,203.3313,026.06147,272.00 147,272.00 -25,068.67 17.02 % Expense Department: 251 - Police Category: 70 - Supplies Small Equipment 36,285.00 33,501.12 2,783.88 7.67%9,076.2604-251-78400 36,285.00 Category: 70 - Supplies Total:33,501.129,076.2636,285.00 36,285.00 2,783.88 7.67 % Category: 80 - Capital Capital Expenses 107,679.00 46,672.64 61,006.36 56.66%0.0004-251-83700 47,179.00 Category: 80 - Capital Total:46,672.640.0047,179.00 107,679.00 61,006.36 56.66 % Category: 99 - Other Financing Uses Transfer to Debt Service 75,000.00 0.00 75,000.00 100.00%0.0004-251-99400 75,000.00 Category: 99 - Other Financing Uses Total:0.000.0075,000.00 75,000.00 75,000.00 100.00 % Department: 251 - Police Total:80,173.769,076.26158,464.00 218,964.00 138,790.24 63.38 % Expense Total:80,173.769,076.26158,464.00 218,964.00 138,790.24 63.38 % Fund: 04 - CCPD FUND Surplus (Deficit):42,029.573,949.80-11,192.00 -71,692.00 113,721.57 158.63 % Fund: 05 - BOND FUND - GO 2010 PARKS Revenue Department: 000 - General Category: 47 - Investment Income Interest Income 0.00 36.70 36.70 0.00%1.2005-000-47000 0.00 Category: 47 - Investment Income Total:36.701.200.00 0.00 36.70 0.00 % Department: 000 - General Total:36.701.200.00 0.00 36.70 0.00 % Revenue Total:36.701.200.00 0.00 36.70 0.00 % Town Council Page 201 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 14 of 23 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Expense Department: 400 - Parks Category: 80 - Capital Capital Expenses 45,794.00 121,415.73 -75,621.73 -165.13%0.0005-400-83700 45,794.00 Category: 80 - Capital Total:121,415.730.0045,794.00 45,794.00 -75,621.73 -165.13 % Department: 400 - Parks Total:121,415.730.0045,794.00 45,794.00 -75,621.73 -165.13 % Expense Total:121,415.730.0045,794.00 45,794.00 -75,621.73 -165.13 % Fund: 05 - BOND FUND - GO 2010 PARKS Surplus (Deficit):-121,379.031.20-45,794.00 -45,794.00 -75,585.03 -165.05 % Fund: 07 - CAPITAL REPLACEMENT FUND Revenue Department: 000 - General Category: 47 - Investment Income Interest Income 0.00 114.12 114.12 0.00%0.0007-000-47000 0.00 Category: 47 - Investment Income Total:114.120.000.00 0.00 114.12 0.00 % Category: 49 - Other Financing Sources Transfer In - Future Replacement Res…233,243.00 116,621.50 -116,621.50 50.00%0.0007-000-49290 233,243.00 Category: 49 - Other Financing Sources Total:116,621.500.00233,243.00 233,243.00 -116,621.50 50.00 % Department: 000 - General Total:116,735.620.00233,243.00 233,243.00 -116,507.38 49.95 % Revenue Total:116,735.620.00233,243.00 233,243.00 -116,507.38 49.95 % Expense Department: 255 - EMS Category: 80 - Capital Capital Expenses 179,360.00 0.00 179,360.00 100.00%0.0007-255-83700 179,360.00 Category: 80 - Capital Total:0.000.00179,360.00 179,360.00 179,360.00 100.00 % Department: 255 - EMS Total:0.000.00179,360.00 179,360.00 179,360.00 100.00 % Department: 400 - Parks Category: 80 - Capital Capital Expenses 64,830.00 24,111.97 40,718.03 62.81%0.0007-400-83700 64,830.00 Category: 80 - Capital Total:24,111.970.0064,830.00 64,830.00 40,718.03 62.81 % Department: 400 - Parks Total:24,111.970.0064,830.00 64,830.00 40,718.03 62.81 % Department: 640 - Information Services Category: 80 - Capital Capital Expenses 31,613.00 7,297.48 24,315.52 76.92%0.0007-640-83700 31,613.00 Category: 80 - Capital Total:7,297.480.0031,613.00 31,613.00 24,315.52 76.92 % Department: 640 - Information Services Total:7,297.480.0031,613.00 31,613.00 24,315.52 76.92 % Expense Total:31,409.450.00275,803.00 275,803.00 244,393.55 88.61 % Fund: 07 - CAPITAL REPLACEMENT FUND Surplus (Deficit):85,326.170.00-42,560.00 -42,560.00 127,886.17 300.48 % Fund: 08 - TAX NOTES 2012 Revenue Department: 000 - General Category: 47 - Investment Income Interest Income 0.00 85.99 85.99 0.00%10.0008-000-47000 0.00 Category: 47 - Investment Income Total:85.9910.000.00 0.00 85.99 0.00 % Department: 000 - General Total:85.9910.000.00 0.00 85.99 0.00 % Revenue Total:85.9910.000.00 0.00 85.99 0.00 % Town Council Page 202 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 15 of 23 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Expense Department: 140 - Manager's Office Category: 60 - Purchased Services Professional Outside Services 0.00 69,705.20 -69,705.20 0.00%0.0008-140-60100 0.00 Category: 60 - Purchased Services Total:69,705.200.000.00 0.00 -69,705.20 0.00 % Department: 140 - Manager's Office Total:69,705.200.000.00 0.00 -69,705.20 0.00 % Expense Total:69,705.200.000.00 0.00 -69,705.20 0.00 % Fund: 08 - TAX NOTES 2012 Surplus (Deficit):-69,619.2110.000.00 0.00 -69,619.21 0.00 % Fund: 09 - TROPHY CLUB PARK Revenue Department: 000 - General Category: 43 - Fines & Fees Park Revenues 153,752.00 77,387.15 -76,364.85 49.67%0.0009-000-43350 153,752.00 Category: 43 - Fines & Fees Total:77,387.150.00153,752.00 153,752.00 -76,364.85 49.67 % Category: 47 - Investment Income Interest Income 0.00 5.66 5.66 0.00%0.0009-000-47000 0.00 Category: 47 - Investment Income Total:5.660.000.00 0.00 5.66 0.00 % Department: 000 - General Total:77,392.810.00153,752.00 153,752.00 -76,359.19 49.66 % Revenue Total:77,392.810.00153,752.00 153,752.00 -76,359.19 49.66 % Expense Department: 400 - Parks Category: 50 - Personnel Services Salaries - Regular 43,008.00 26,689.83 16,318.17 37.94%2,273.9209-400-50100 43,008.00 Salaries - Longevity 112.00 112.00 0.00 0.00%0.0009-400-50140 112.00 Salaries - Stipend 300.00 900.00 -600.00 -200.00%0.0009-400-50145 300.00 Retirement 4,222.00 2,496.00 1,726.00 40.88%270.7609-400-51200 4,222.00 Medical Insurance 2,826.00 1,803.06 1,022.94 36.20%208.6909-400-51210 2,826.00 Dental Insurance 155.00 156.75 -1.75 -1.13%18.1509-400-51215 155.00 Vision Insurance 32.00 23.40 8.60 26.88%2.7209-400-51216 32.00 Life Insurance & Other 211.00 149.93 61.07 28.94%17.3509-400-51218 211.00 Social Security Taxes 2,673.00 1,677.15 995.85 37.26%136.3009-400-52220 2,673.00 Medicare Taxes 630.00 392.21 237.79 37.74%31.8709-400-52225 630.00 Unemployment Taxes 306.00 71.90 234.10 76.50%0.8809-400-52250 306.00 Workman's Compensation 1,033.00 686.31 346.69 33.56%228.7709-400-52260 1,033.00 Category: 50 - Personnel Services Total:35,158.543,189.4155,508.00 55,508.00 20,349.46 36.66 % Category: 60 - Purchased Services Professional Outside Services 5,000.00 2,470.00 2,530.00 50.60%0.0009-400-60100 5,000.00 Auditing 1,000.00 1,000.00 0.00 0.00%0.0009-400-60200 1,000.00 Software & Support 3,848.64 2,616.88 1,231.76 32.01%26.6009-400-60800 3,848.64 Advertising 1,500.00 652.17 847.83 56.52%102.8809-400-63200 1,500.00 Printing 1,416.00 1,244.00 172.00 12.15%0.0009-400-63250 1,416.00 Schools & Training 340.00 199.00 141.00 41.47%0.0009-400-63551 340.00 Service Charges & Fees 6,000.00 5,611.88 388.12 6.47%440.4209-400-63800 6,000.00 Electricity 3,600.00 1,795.30 1,804.70 50.13%226.3509-400-64000 3,600.00 Water 1,697.00 1,471.60 225.40 13.28%0.0009-400-64100 1,697.00 Telephone 1,600.00 1,362.40 237.60 14.85%164.2009-400-64300 1,600.00 Communications /Pagers/Mobiles 1,560.00 1,309.57 250.43 16.05%130.5109-400-64400 1,560.00 Property Maintenance 10,500.00 16,264.60 -5,764.60 -54.90%0.0009-400-65100 10,500.00 Equipment Maintenance 2,426.00 740.45 1,685.55 69.48%0.0009-400-65350 2,426.00 Independent Labor 10,200.00 6,400.00 3,800.00 37.25%0.0009-400-67000 10,200.00 Portable Toilets 4,000.00 2,429.60 1,570.40 39.26%0.0009-400-67350 4,000.00 Dues & Membership 320.00 29.99 290.01 90.63%0.0009-400-68100 320.00 Travel & per diem 387.00 504.89 -117.89 -30.46%0.0009-400-68200 387.00 Category: 60 - Purchased Services Total:46,102.331,090.9655,394.64 55,394.64 9,292.31 16.77 % Town Council Page 203 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 16 of 23 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Category: 70 - Supplies Office Supplies 1,013.00 670.41 342.59 33.82%0.0009-400-70100 1,013.00 Postage 318.00 62.74 255.26 80.27%29.2509-400-70300 318.00 Fuel 1,490.00 666.49 823.51 55.27%0.0009-400-71000 1,490.00 Uniforms 645.00 309.53 335.47 52.01%0.0009-400-72100 645.00 Community Events 6,500.00 11,874.44 -5,374.44 -82.68%332.3809-400-76950 6,500.00 Small Tools 1,400.00 29.99 1,370.01 97.86%0.0009-400-78200 1,400.00 Furniture/Equipment<$5,000 1,720.00 1,866.91 -146.91 -8.54%0.0009-400-78500 1,720.00 Maintenance Supplies 451.00 334.68 116.32 25.79%0.0009-400-79100 451.00 Miscellaneous Expense 557.00 59.55 497.45 89.31%0.0009-400-79999 557.00 Category: 70 - Supplies Total:15,874.74361.6314,094.00 14,094.00 -1,780.74 -12.63 % Category: 80 - Capital Capital Expenses 25,330.00 24,111.97 1,218.03 4.81%0.0009-400-83700 25,330.00 Category: 80 - Capital Total:24,111.970.0025,330.00 25,330.00 1,218.03 4.81 % Category: 99 - Other Financing Uses Park Administration Transfer 8,000.00 4,000.00 4,000.00 50.00%0.0009-400-99200 8,000.00 Category: 99 - Other Financing Uses Total:4,000.000.008,000.00 8,000.00 4,000.00 50.00 % Department: 400 - Parks Total:125,247.584,642.00158,326.64 158,326.64 33,079.06 20.89 % Expense Total:125,247.584,642.00158,326.64 158,326.64 33,079.06 20.89 % Fund: 09 - TROPHY CLUB PARK Surplus (Deficit):-47,854.77-4,642.00-4,574.64 -4,574.64 -43,280.13 -946.09 % Fund: 10 - STREET MAINTENANCE SALES TAX Revenue Department: 000 - General Category: 40 - Taxes Sales Tax - Street Maintenance 163,636.00 133,249.62 -30,386.38 18.57%14,662.1310-000-40350 163,636.00 Category: 40 - Taxes Total:133,249.6214,662.13163,636.00 163,636.00 -30,386.38 18.57 % Category: 47 - Investment Income Interest Income 0.00 21.09 21.09 0.00%5.6710-000-47000 0.00 Category: 47 - Investment Income Total:21.095.670.00 0.00 21.09 0.00 % Department: 000 - General Total:133,270.7114,667.80163,636.00 163,636.00 -30,365.29 18.56 % Revenue Total:133,270.7114,667.80163,636.00 163,636.00 -30,365.29 18.56 % Expense Department: 360 - Streets Category: 50 - Personnel Services Salaries - Regular 22,041.00 14,210.20 7,830.80 35.53%1,742.9810-360-50100 22,041.00 Salaries - Overtime 0.00 827.37 -827.37 0.00%0.0010-360-50130 0.00 Salaries - Stipend 540.00 360.00 180.00 33.33%0.0010-360-50145 540.00 Retirement 3,814.00 2,150.94 1,663.06 43.60%238.0910-360-51200 3,814.00 Medical Insurance 5,087.00 3,512.36 1,574.64 30.95%400.6610-360-51210 5,087.00 Dental Insurance 392.00 269.33 122.67 31.29%30.9210-360-51215 392.00 Vision Insurance 99.00 68.21 30.79 31.10%7.8310-360-51216 99.00 Life Insurance & Other 246.00 152.39 93.61 38.05%17.5010-360-51218 246.00 Social Security Taxes 1,367.00 804.37 562.63 41.16%90.8310-360-52220 1,367.00 Medicare Taxes 327.00 188.12 138.88 42.47%21.2510-360-52225 327.00 Unemployment Taxes 149.00 82.73 66.27 44.48%0.0010-360-52250 149.00 Workman's Compensation 1,338.00 888.90 449.10 33.57%296.3110-360-52260 1,338.00 Category: 50 - Personnel Services Total:23,514.922,846.3735,400.00 35,400.00 11,885.08 33.57 % Category: 60 - Purchased Services Vehicle Maintenance 3,700.00 1,078.95 2,621.05 70.84%0.0010-360-65300 3,700.00 Street Maintenance 70,000.00 13,202.71 56,797.29 81.14%4,312.5010-360-65500 70,000.00 Signs & Markings 15,000.00 30,036.93 -15,036.93 -100.25%4,303.5410-360-65510 15,000.00 Category: 60 - Purchased Services Total:44,318.598,616.0488,700.00 88,700.00 44,381.41 50.04 % Category: 70 - Supplies Fuel 6,500.00 4,329.62 2,170.38 33.39%0.0010-360-71000 6,500.00 Town Council Page 204 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 17 of 23 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Small Tools 700.00 123.56 576.44 82.35%0.0010-360-78200 700.00 Miscellaneous Expense 0.00 25.20 -25.20 0.00%0.0010-360-79999 0.00 Category: 70 - Supplies Total:4,478.380.007,200.00 7,200.00 2,721.62 37.80 % Category: 99 - Other Financing Uses Transfer to Debt Service 25,000.00 12,500.00 12,500.00 50.00%0.0010-360-99400 25,000.00 Category: 99 - Other Financing Uses Total:12,500.000.0025,000.00 25,000.00 12,500.00 50.00 % Department: 360 - Streets Total:84,811.8911,462.41156,300.00 156,300.00 71,488.11 45.74 % Expense Total:84,811.8911,462.41156,300.00 156,300.00 71,488.11 45.74 % Fund: 10 - STREET MAINTENANCE SALES TAX Surplus (Deficit):48,458.823,205.397,336.00 7,336.00 41,122.82 -560.56 % Fund: 11 - STORM DRAINAGE UTILITY Revenue Department: 000 - General Category: 43 - Fines & Fees Storm Drainage Fees 402,800.00 305,511.80 -97,288.20 24.15%34,275.7111-000-43250 402,800.00 Category: 43 - Fines & Fees Total:305,511.8034,275.71402,800.00 402,800.00 -97,288.20 24.15 % Category: 47 - Investment Income Interest Income 100.00 77.52 -22.48 22.48%18.0011-000-47000 100.00 Category: 47 - Investment Income Total:77.5218.00100.00 100.00 -22.48 22.48 % Category: 51 - Miscellaneous Miscellaneous Revenue 21,000.00 0.00 -21,000.00 100.00%0.0011-000-51012 21,000.00 Category: 51 - Miscellaneous Total:0.000.0021,000.00 21,000.00 -21,000.00 100.00 % Department: 000 - General Total:305,589.3234,293.71423,900.00 423,900.00 -118,310.68 27.91 % Revenue Total:305,589.3234,293.71423,900.00 423,900.00 -118,310.68 27.91 % Expense Department: 365 - Drainage Category: 50 - Personnel Services Salaries - Regular 24,238.00 10,281.04 13,956.96 57.58%1,653.5511-365-50100 24,238.00 Salaries - Overtime 0.00 243.25 -243.25 0.00%0.0011-365-50130 0.00 Salaries - Longevity 394.00 393.75 0.25 0.06%0.0011-365-50140 394.00 Salaries - Stipend 375.00 375.00 0.00 0.00%0.0011-365-50145 375.00 Retirement 4,224.00 1,598.69 2,625.31 62.15%223.3111-365-51200 4,224.00 Medical Insurance 2,785.00 1,010.81 1,774.19 63.71%116.0211-365-51210 2,785.00 Dental Insurance 334.00 70.75 263.25 78.82%8.0611-365-51215 334.00 Vision Insurance 41.00 14.74 26.26 64.05%1.6811-365-51216 41.00 Life Insurance & Other 250.00 89.93 160.07 64.03%10.8611-365-51218 250.00 Social Security Taxes 1,527.00 694.34 832.66 54.53%99.9811-365-52220 1,527.00 Medicare Taxes 363.00 162.32 200.68 55.28%23.3711-365-52225 363.00 Unemployment Taxes 104.00 -25.34 129.34 124.37%0.0011-365-52250 104.00 Workman's Compensation 1,472.00 979.60 492.40 33.45%325.9911-365-52260 1,472.00 Category: 50 - Personnel Services Total:15,888.882,462.8236,107.00 36,107.00 20,218.12 56.00 % Category: 60 - Purchased Services Professional Outside Services 17,200.00 19,280.70 -2,080.70 -12.10%0.0011-365-60100 0.00 Engineering/Construction 82,800.00 67,144.55 15,655.45 18.91%2,017.4311-365-60550 100,000.00 Trash Removal/Recycling 1,500.00 987.00 513.00 34.20%0.0011-365-64201 1,500.00 Street Sweeping 6,000.00 0.00 6,000.00 100.00%0.0011-365-65520 6,000.00 Independent Labor 17,366.00 14,905.94 2,460.06 14.17%2,400.0011-365-67000 17,366.00 Dues & Membership 200.00 100.00 100.00 50.00%0.0011-365-68100 200.00 Category: 60 - Purchased Services Total:102,418.194,417.43125,066.00 125,066.00 22,647.81 18.11 % Category: 80 - Capital Capital Expenses 164,000.00 0.00 164,000.00 100.00%0.0011-365-83700 164,000.00 Category: 80 - Capital Total:0.000.00164,000.00 164,000.00 164,000.00 100.00 % Town Council Page 205 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 18 of 23 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Category: 99 - Other Financing Uses Transfer to Debt Service 27,350.00 5,700.06 21,649.94 79.16%0.0011-365-99400 27,350.00 Category: 99 - Other Financing Uses Total:5,700.060.0027,350.00 27,350.00 21,649.94 79.16 % Department: 365 - Drainage Total:124,007.136,880.25352,523.00 352,523.00 228,515.87 64.82 % Department: 601 - Debt Service Category: 90 - Debt Service Bond Interest - 2013 CO 38,963.00 14,113.64 24,849.36 63.78%0.0011-601-91000 38,963.00 Category: 90 - Debt Service Total:14,113.640.0038,963.00 38,963.00 24,849.36 63.78 % Department: 601 - Debt Service Total:14,113.640.0038,963.00 38,963.00 24,849.36 63.78 % Expense Total:138,120.776,880.25391,486.00 391,486.00 253,365.23 64.72 % Fund: 11 - STORM DRAINAGE UTILITY Surplus (Deficit):167,468.5527,413.4632,414.00 32,414.00 135,054.55 -416.65 % Fund: 12 - COURT TECHNOLOGY Revenue Department: 000 - General Category: 43 - Fines & Fees Municipal Court Technology Fees 5,000.00 2,664.89 -2,335.11 46.70%286.5812-000-43120 5,000.00 Category: 43 - Fines & Fees Total:2,664.89286.585,000.00 5,000.00 -2,335.11 46.70 % Department: 000 - General Total:2,664.89286.585,000.00 5,000.00 -2,335.11 46.70 % Revenue Total:2,664.89286.585,000.00 5,000.00 -2,335.11 46.70 % Expense Department: 261 - Court Technology Category: 60 - Purchased Services Software & Support 5,730.00 0.00 5,730.00 100.00%0.0012-261-60800 5,730.00 Category: 60 - Purchased Services Total:0.000.005,730.00 5,730.00 5,730.00 100.00 % Category: 70 - Supplies Hardware 0.00 802.54 -802.54 0.00%0.0012-261-78600 0.00 Category: 70 - Supplies Total:802.540.000.00 0.00 -802.54 0.00 % Department: 261 - Court Technology Total:802.540.005,730.00 5,730.00 4,927.46 85.99 % Expense Total:802.540.005,730.00 5,730.00 4,927.46 85.99 % Fund: 12 - COURT TECHNOLOGY Surplus (Deficit):1,862.35286.58-730.00 -730.00 2,592.35 355.12 % Fund: 13 - COURT SECURITY Revenue Department: 000 - General Category: 43 - Fines & Fees Municipal Court Security Fees 3,788.00 1,998.63 -1,789.37 47.24%214.9413-000-43110 3,788.00 Category: 43 - Fines & Fees Total:1,998.63214.943,788.00 3,788.00 -1,789.37 47.24 % Department: 000 - General Total:1,998.63214.943,788.00 3,788.00 -1,789.37 47.24 % Revenue Total:1,998.63214.943,788.00 3,788.00 -1,789.37 47.24 % Expense Department: 271 - Court Security Category: 99 - Other Financing Uses Transfer to General Fund 3,000.00 1,500.00 1,500.00 50.00%0.0013-271-99100 3,000.00 Category: 99 - Other Financing Uses Total:1,500.000.003,000.00 3,000.00 1,500.00 50.00 % Department: 271 - Court Security Total:1,500.000.003,000.00 3,000.00 1,500.00 50.00 % Expense Total:1,500.000.003,000.00 3,000.00 1,500.00 50.00 % Fund: 13 - COURT SECURITY Surplus (Deficit):498.63214.94788.00 788.00 -289.37 36.72 % Town Council Page 206 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 19 of 23 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Fund: 15 - ECONOMIC DEVELOPMENT CORPORATION 4B Revenue Department: 000 - General Category: 40 - Taxes Sales Tax - General 327,272.00 266,499.20 -60,772.80 18.57%29,324.2615-000-40300 327,272.00 Category: 40 - Taxes Total:266,499.2029,324.26327,272.00 327,272.00 -60,772.80 18.57 % Category: 47 - Investment Income Interest Income 300.00 375.51 75.51 125.17%43.1615-000-47000 300.00 Category: 47 - Investment Income Total:375.5143.16300.00 300.00 75.51 25.17 % Department: 000 - General Total:266,874.7129,367.42327,572.00 327,572.00 -60,697.29 18.53 % Revenue Total:266,874.7129,367.42327,572.00 327,572.00 -60,697.29 18.53 % Expense Department: 951 - EDC 4B Category: 60 - Purchased Services Auditing 1,000.00 1,000.00 0.00 0.00%0.0015-951-60200 1,000.00 Advertising 3,000.00 2,780.00 220.00 7.33%500.0015-951-63200 3,000.00 Printing 500.00 0.00 500.00 100.00%0.0015-951-63250 500.00 Schools & Training 2,120.00 270.00 1,850.00 87.26%0.0015-951-63551 2,120.00 Dues & Membership 1,050.00 0.00 1,050.00 100.00%0.0015-951-68100 1,050.00 Travel & per diem 1,533.00 30.00 1,503.00 98.04%0.0015-951-68200 1,533.00 Category: 60 - Purchased Services Total:4,080.00500.009,203.00 9,203.00 5,123.00 55.67 % Category: 70 - Supplies Office Supplies 400.00 15.00 385.00 96.25%0.0015-951-70100 400.00 Miscellaneous Expense 7,100.00 4,915.43 2,184.57 30.77%980.5315-951-79999 7,100.00 Category: 70 - Supplies Total:4,930.43980.537,500.00 7,500.00 2,569.57 34.26 % Category: 80 - Capital EDC Projects 11,450.00 0.00 11,450.00 100.00%0.0015-951-87150 11,450.00 Incentive Programs 140,773.00 58,655.40 82,117.60 58.33%11,731.0815-951-87200 140,773.00 Category: 80 - Capital Total:58,655.4011,731.08152,223.00 152,223.00 93,567.60 61.47 % Category: 99 - Other Financing Uses Transfer to General Fund 89,964.00 44,982.00 44,982.00 50.00%0.0015-951-99100 155,634.00 Category: 99 - Other Financing Uses Total:44,982.000.00155,634.00 89,964.00 44,982.00 50.00 % Department: 951 - EDC 4B Total:112,647.8313,211.61324,560.00 258,890.00 146,242.17 56.49 % Expense Total:112,647.8313,211.61324,560.00 258,890.00 146,242.17 56.49 % Fund: 15 - ECONOMIC DEVELOPMENT CORPORATION 4B Surplus (Defici…154,226.8816,155.813,012.00 68,682.00 85,544.88 -124.55 % Fund: 16 - HOTEL OCCUPANCY TAX Revenue Department: 000 - General Category: 40 - Taxes Hotel Occupancy Tax 233,416.00 192,003.29 -41,412.71 17.74%44,355.2416-000-40400 233,416.00 Category: 40 - Taxes Total:192,003.2944,355.24233,416.00 233,416.00 -41,412.71 17.74 % Category: 47 - Investment Income Interest Income 300.00 344.09 44.09 114.70%42.3016-000-47000 300.00 Category: 47 - Investment Income Total:344.0942.30300.00 300.00 44.09 14.70 % Department: 000 - General Total:192,347.3844,397.54233,716.00 233,716.00 -41,368.62 17.70 % Revenue Total:192,347.3844,397.54233,716.00 233,716.00 -41,368.62 17.70 % Expense Department: 370 - Hotel Occupancy Category: 60 - Purchased Services Advertising 0.00 2,350.00 -2,350.00 0.00%0.0016-370-63200 0.00 Printing 0.00 14,149.88 -14,149.88 0.00%0.0016-370-63250 0.00 Town Council Page 207 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 20 of 23 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Event Rentals 38,825.00 22,455.61 16,369.39 42.16%11,055.6116-370-67300 38,825.00 Category: 60 - Purchased Services Total:38,955.4911,055.6138,825.00 38,825.00 -130.49 -0.34 % Department: 370 - Hotel Occupancy Total:38,955.4911,055.6138,825.00 38,825.00 -130.49 -0.34 % Expense Total:38,955.4911,055.6138,825.00 38,825.00 -130.49 -0.34 % Fund: 16 - HOTEL OCCUPANCY TAX Surplus (Deficit):153,391.8933,341.93194,891.00 194,891.00 -41,499.11 21.29 % Fund: 17 - RECREATION PROGRAMS Revenue Department: 000 - General Category: 43 - Fines & Fees Recreation Programs 4,000.00 5,413.00 1,413.00 135.33%70.0017-000-43300 4,000.00 Category: 43 - Fines & Fees Total:5,413.0070.004,000.00 4,000.00 1,413.00 35.33 % Department: 000 - General Total:5,413.0070.004,000.00 4,000.00 1,413.00 35.33 % Revenue Total:5,413.0070.004,000.00 4,000.00 1,413.00 35.33 % Expense Department: 450 - Recreation Category: 60 - Purchased Services Recreation Program - Expenses 4,000.00 5,939.90 -1,939.90 -48.50%127.0317-450-60100 4,000.00 Category: 60 - Purchased Services Total:5,939.90127.034,000.00 4,000.00 -1,939.90 -48.50 % Department: 450 - Recreation Total:5,939.90127.034,000.00 4,000.00 -1,939.90 -48.50 % Expense Total:5,939.90127.034,000.00 4,000.00 -1,939.90 -48.50 % Fund: 17 - RECREATION PROGRAMS Surplus (Deficit):-526.90-57.030.00 0.00 -526.90 0.00 % Fund: 21 - MUD1 - FIRE OPERATIONS PAYROLL Expense Department: 045 - Fire Department Category: 50 - Personnel Services Salaries - Regular 0.00 327,852.82 -327,852.82 0.00%36,181.0821-045-50100 0.00 Salaries - Overtime 0.00 27,603.62 -27,603.62 0.00%3,648.1821-045-50130 0.00 Salaries - Longevity 0.00 5,318.72 -5,318.72 0.00%0.0021-045-50140 0.00 Salaries - Stipend 0.00 1,132.50 -1,132.50 0.00%0.0021-045-50145 0.00 Salaries - Certification 0.00 3,731.50 -3,731.50 0.00%450.0021-045-50160 0.00 Salaries - Holiday Pay 0.00 14,525.69 -14,525.69 0.00%0.0021-045-50180 0.00 Retirement 0.00 52,020.35 -52,020.35 0.00%5,333.5021-045-51200 0.00 Medical Insurance 0.00 40,768.77 -40,768.77 0.00%4,532.9421-045-51210 0.00 Dental Insurance 0.00 3,139.69 -3,139.69 0.00%349.2221-045-51215 0.00 Vision Insurance 0.00 546.42 -546.42 0.00%60.2421-045-51216 0.00 Life Insurance & Other 0.00 2,762.29 -2,762.29 0.00%309.5821-045-51218 0.00 Social Security Taxes 0.00 21,661.43 -21,661.43 0.00%2,285.5921-045-52220 0.00 Medicare Taxes 0.00 5,064.82 -5,064.82 0.00%534.3721-045-52225 0.00 Unemployment Taxes 0.00 -35.72 35.72 0.00%1.5821-045-52250 0.00 Category: 50 - Personnel Services Total:506,092.9053,686.280.00 0.00 -506,092.90 0.00 % Category: 60 - Purchased Services Communications /Pagers/Mobiles 0.00 246.00 -246.00 0.00%0.0021-045-63400 0.00 Category: 60 - Purchased Services Total:246.000.000.00 0.00 -246.00 0.00 % Department: 045 - Fire Department Total:506,338.9053,686.280.00 0.00 -506,338.90 0.00 % Expense Total:506,338.9053,686.280.00 0.00 -506,338.90 0.00 % Fund: 21 - MUD1 - FIRE OPERATIONS PAYROLL Total:506,338.9053,686.280.00 0.00 -506,338.90 0.00 % Fund: 60 - TIRZ #1 Revenue Department: 000 - General Category: 40 - Taxes Property Taxes TIRZ#1 8,291.00 0.00 -8,291.00 100.00%0.0060-000-40100 8,291.00 Town Council Page 208 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 21 of 23 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Sales Tax - TIRZ#1 475.00 0.00 -475.00 100.00%0.0060-000-40300 475.00 Category: 40 - Taxes Total:0.000.008,766.00 8,766.00 -8,766.00 100.00 % Department: 000 - General Total:0.000.008,766.00 8,766.00 -8,766.00 100.00 % Revenue Total:0.000.008,766.00 8,766.00 -8,766.00 100.00 % Fund: 60 - TIRZ #1 Total:0.000.008,766.00 8,766.00 -8,766.00 100.00 % Fund: 72 - GRANT FUND-REIMBURSEABLE-POLICE Revenue Department: 251 - Police Category: 42 - Intergovernmental Grant Revenue 0.00 63,449.54 63,449.54 0.00%0.0072-251-42500 0.00 Category: 42 - Intergovernmental Total:63,449.540.000.00 0.00 63,449.54 0.00 % Department: 251 - Police Total:63,449.540.000.00 0.00 63,449.54 0.00 % Revenue Total:63,449.540.000.00 0.00 63,449.54 0.00 % Expense Department: 251 - Police Category: 60 - Purchased Services Radios 0.00 74,347.91 -74,347.91 0.00%0.0072-251-63450 0.00 Category: 60 - Purchased Services Total:74,347.910.000.00 0.00 -74,347.91 0.00 % Department: 251 - Police Total:74,347.910.000.00 0.00 -74,347.91 0.00 % Expense Total:74,347.910.000.00 0.00 -74,347.91 0.00 % Fund: 72 - GRANT FUND-REIMBURSEABLE-POLICE Surplus (Deficit):-10,898.370.000.00 0.00 -10,898.37 0.00 % Fund: 79 - DEBT SERVICE Revenue Department: 000 - General Category: 40 - Taxes Property Taxes 1,490,172.00 1,488,359.36 -1,812.64 0.12%3,677.0479-000-40100 1,490,172.00 Property Taxes/Delinquent 4,356.00 9,897.77 5,541.77 227.22%159.9179-000-40125 4,356.00 Property Taxes/Penalty & Interest 3,775.00 5,875.50 2,100.50 155.64%502.9179-000-40150 3,775.00 Category: 40 - Taxes Total:1,504,132.634,339.861,498,303.00 1,498,303.00 5,829.63 0.39 % Category: 47 - Investment Income Interest Income 250.00 248.71 -1.29 0.52%37.5579-000-47000 250.00 Category: 47 - Investment Income Total:248.7137.55250.00 250.00 -1.29 0.52 % Category: 49 - Other Financing Sources Transfer In - Street Maintenance Sales…25,000.00 12,500.00 -12,500.00 50.00%0.0079-000-49230 25,000.00 Transfer In - Storm Drainage 27,350.00 5,700.06 -21,649.94 79.16%0.0079-000-49240 27,350.00 Tranfer In - CCPD 75,000.00 0.00 -75,000.00 100.00%0.0079-000-49270 75,000.00 Category: 49 - Other Financing Sources Total:18,200.060.00127,350.00 127,350.00 -109,149.94 85.71 % Department: 000 - General Total:1,522,581.404,377.411,625,903.00 1,625,903.00 -103,321.60 6.35 % Revenue Total:1,522,581.404,377.411,625,903.00 1,625,903.00 -103,321.60 6.35 % Expense Department: 601 - Debt Service Category: 90 - Debt Service Bond Principal 1,088,000.00 470,000.00 618,000.00 56.80%0.0079-601-90000 1,088,000.00 Bond Interest 481,912.00 245,995.61 235,916.39 48.95%0.0079-601-91000 481,912.00 Paying Agent Fees 3,750.00 2,000.00 1,750.00 46.67%0.0079-601-92000 3,750.00 Category: 90 - Debt Service Total:717,995.610.001,573,662.00 1,573,662.00 855,666.39 54.37 % Department: 601 - Debt Service Total:717,995.610.001,573,662.00 1,573,662.00 855,666.39 54.37 % Expense Total:717,995.610.001,573,662.00 1,573,662.00 855,666.39 54.37 % Fund: 79 - DEBT SERVICE Surplus (Deficit):804,585.794,377.4152,241.00 52,241.00 752,344.79 -1,440.14 % Town Council Page 209 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 22 of 23 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Fund: 80 - 25TH ANNIVERSARY FUND Revenue Department: 000 - General Category: 46 - Contributions and Donations Miscellaneous Contribution 0.00 10,624.39 10,624.39 0.00%0.0080-000-46100 0.00 Category: 46 - Contributions and Donations Total:10,624.390.000.00 0.00 10,624.39 0.00 % Department: 000 - General Total:10,624.390.000.00 0.00 10,624.39 0.00 % Revenue Total:10,624.390.000.00 0.00 10,624.39 0.00 % Expense Department: 000 - General Category: 70 - Supplies Community Events 0.00 8,174.54 -8,174.54 0.00%0.0080-000-76950 0.00 Category: 70 - Supplies Total:8,174.540.000.00 0.00 -8,174.54 0.00 % Department: 000 - General Total:8,174.540.000.00 0.00 -8,174.54 0.00 % Expense Total:8,174.540.000.00 0.00 -8,174.54 0.00 % Fund: 80 - 25TH ANNIVERSARY FUND Surplus (Deficit):2,449.850.000.00 0.00 2,449.85 0.00 % Fund: 89 - CAPITAL PROJECTS Revenue Department: 000 - General Category: 46 - Contributions and Donations Denton County Contribution 200,000.00 200,060.94 60.94 100.03%136,693.8289-000-46200 200,000.00 Category: 46 - Contributions and Donations Total:200,060.94136,693.82200,000.00 200,000.00 60.94 0.03 % Category: 47 - Investment Income Interest Income 500.00 1,364.45 864.45 272.89%153.2489-000-47000 500.00 Category: 47 - Investment Income Total:1,364.45153.24500.00 500.00 864.45 172.89 % Department: 000 - General Total:201,425.39136,847.06200,500.00 200,500.00 925.39 0.46 % Revenue Total:201,425.39136,847.06200,500.00 200,500.00 925.39 0.46 % Expense Department: 140 - Manager's Office Category: 80 - Capital Land Acquisition 0.00 1,346,833.36 -1,346,833.36 0.00%0.0089-140-78550 0.00 Category: 80 - Capital Total:1,346,833.360.000.00 0.00 -1,346,833.36 0.00 % Department: 140 - Manager's Office Total:1,346,833.360.000.00 0.00 -1,346,833.36 0.00 % Department: 360 - Streets Category: 80 - Capital Construction 4,581,730.00 897,403.51 3,684,326.49 80.41%79,526.1189-360-83750 4,581,730.00 Engineering 0.00 189,242.73 -189,242.73 0.00%0.0089-360-86300 0.00 Category: 80 - Capital Total:1,086,646.2479,526.114,581,730.00 4,581,730.00 3,495,083.76 76.28 % Department: 360 - Streets Total:1,086,646.2479,526.114,581,730.00 4,581,730.00 3,495,083.76 76.28 % Expense Total:2,433,479.6079,526.114,581,730.00 4,581,730.00 2,148,250.40 46.89 % Fund: 89 - CAPITAL PROJECTS Surplus (Deficit):-2,232,054.2157,320.95-4,381,230.00 -4,381,230.00 2,149,175.79 49.05 % Report Surplus (Deficit):-267,820.20 749,188.72-4,288,317.90 -4,283,147.90 5,032,336.62 117.49 % Town Council Page 210 of 314 Meeting Date: August 11, 2015 Budget Report For Fiscal: 2014-2015 Period Ending: 06/30/2015 7/28/2015 12:38:44 PM Page 23 of 23 Fund Summary Fiscal Activity Variance Favorable (Unfavorable)Fund Period Activity Current Total Budget Original Total Budget 01 - GENERAL FUND 2,277,547.97-355,714.28-101,685.26 -101,685.26 2,379,233.23 03 - TAX NOTES 2010 13.641.920.00 0.00 13.64 04 - CCPD FUND 42,029.573,949.80-11,192.00 -71,692.00 113,721.57 05 - BOND FUND - GO 2010 PARKS -121,379.031.20-45,794.00 -45,794.00 -75,585.03 07 - CAPITAL REPLACEMENT FUND 85,326.170.00-42,560.00 -42,560.00 127,886.17 08 - TAX NOTES 2012 -69,619.2110.000.00 0.00 -69,619.21 09 - TROPHY CLUB PARK -47,854.77-4,642.00-4,574.64 -4,574.64 -43,280.13 10 - STREET MAINTENANCE SALES TAX 48,458.823,205.397,336.00 7,336.00 41,122.82 11 - STORM DRAINAGE UTILITY 167,468.5527,413.4632,414.00 32,414.00 135,054.55 12 - COURT TECHNOLOGY 1,862.35286.58-730.00 -730.00 2,592.35 13 - COURT SECURITY 498.63214.94788.00 788.00 -289.37 15 - ECONOMIC DEVELOPMENT CORPORATION 4B 154,226.8816,155.813,012.00 68,682.00 85,544.88 16 - HOTEL OCCUPANCY TAX 153,391.8933,341.93194,891.00 194,891.00 -41,499.11 17 - RECREATION PROGRAMS -526.90-57.030.00 0.00 -526.90 21 - MUD1 - FIRE OPERATIONS PAYROLL -506,338.90-53,686.280.00 0.00 -506,338.90 60 - TIRZ #1 0.000.008,766.00 8,766.00 -8,766.00 72 - GRANT FUND-REIMBURSEABLE-POLICE -10,898.370.000.00 0.00 -10,898.37 79 - DEBT SERVICE 804,585.794,377.4152,241.00 52,241.00 752,344.79 80 - 25TH ANNIVERSARY FUND 2,449.850.000.00 0.00 2,449.85 89 - CAPITAL PROJECTS -2,232,054.2157,320.95-4,381,230.00 -4,381,230.00 2,149,175.79 Report Surplus (Deficit):-267,820.20 749,188.72-4,288,317.90 -4,283,147.90 5,032,336.62 Town Council Page 211 of 314 Meeting Date: August 11, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0504-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:8/2/2015 Town Council On agenda:Final action:8/11/2015 Title:Consider and take appropriate action regarding the Third Quarter Investment Report for Fiscal Year 2015. Attachments:Staff Report - 3rd QTR Investment Reports.pdf 3rd QTR 2015 Inv Report.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the Third Quarter Investment Report for Fiscal Year 2015. Town Council Page 212 of 314 Meeting Date: August 11, 2015 To: Mayor and Town Council From: Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Fiscal Year 2015 – 3rd Quarter Investment Report Town Council Meeting, August 11, 2015 Agenda Item: Consider and take appropriate action regarding the Third Quarter Investment Report for Fiscal Year 2015. Explanation: The Town’s current interest bearing accounts have an ending balance of $9,909,732.31 as of June 30, 2015, which is a decrease from $12,384,981.65 on April 1, 2015. The decrease can be primarily attributed to the land acquisition for the joint Town Hall/Police facility of $1.3 million during the month of May. Interest earnings for the quarter total $2,961.42: $555.02 was received from an interest bearing account at First Financial Bank, $684.79 was received from investment accounts at TexPool, $724.14 was received from investment accounts at LOGIC, $385.97 was received from investment account at First Public, and $611.50 was received from the newly purchased Certificate of Deposit with Comerica Bank. The average monthly yield for interest bearing accounts during the quarter was 0.15% at First Financial, .06% at TexPool, 0.12% at LOGIC, 0.14% at First Public, and 0.72% at Comerica Bank. The Town’s deposits at First Financial Bank and Comerica Bank are collateralized by government securities. Attachments: • 3rd QTR 2015 Inv Report Recommendation: Staff recommends approval of the 3rd Quarter Investment Report for Fiscal Year 2015. Town Council Page 213 of 314 Meeting Date: August 11, 2015 First Financial Bank Beginning Ending Life Investment Description Balance Deposits Withdrawals Interest Balance (days)Yield First Financial - Pooled Cash 1,213,123.57$ 4,957,172.34$ (4,120,997.43)$ 555.02$ 2,049,853.50$ 1 0.15% First Financial Totals 1,213,123.57$ 4,957,172.34$ (4,120,997.43)$ 555.02$ 2,049,853.50$ 1 0.15% TexPool Beginning Ending Life Investment Description Balance Deposits Withdrawals Interest Balance (days)Yield TexPool - Interest and Sinking Account 712,667.85$ 213,048.35$ -$ 103.87$ 925,820.07$ 1 0.06% TexPool - Designated Account 978,583.52 3,825,098.59 (3,998,827.44) 124.64 804,979.31 1 0.06% TexPool - Grant Fund 99.86 - - - 99.86 1 0.06% TexPool - 2010 Tax Notes 41,125.58 - - 5.58 41,131.16 1 0.06% TexPool - 5M Park Bond 2010 150,910.47 - (124,838.45) 7.19 26,079.21 1 0.06% TexPool - 2012 Tax Notes 279,413.78 - (80,347.27) 31.28 199,097.79 1 0.06% TexPool - 2013 CO 1,823,139.57 - (1,315,130.21) 125.61 508,134.97 1 0.06% TexPool - Utility Drainage Account 147,482.03 283,877.38 (192,233.26) 48.62 239,174.77 1 0.06% TexPool - 2014 CO 2,500,811.82 - (1,346,883.36) 238.00 1,154,166.46 1 0.06% TexPool Totals 6,634,234.48$ 4,322,024.32$ (7,058,259.99)$ 684.79$ 3,898,683.60$ 1 0.06% LOGIC Beginning Ending Life Investment Description Balance Deposits Withdrawals Interest Balance (days)Yield LOGIC - Designated 2,958,264.62$ -$ (1,000,000.00)$ 724.14$ 1,958,988.76$ 1 0.12% LOGIC Totals 2,958,264.62$ -$ (1,000,000.00)$ 724.14$ 1,958,988.76$ 1 0.12% First Public Beginning Ending Life Investment Description Balance Deposits Withdrawals Interest Balance (days)Yield First Public - 2014 Tax Note -$ 578,150.00$ -$ 154.28$ 578,304.28$ 1 0.14% First Public - Designated 1,579,358.98 - (578,150.00)385.97 1,001,594.95 1 0.14% First Public Totals 1,579,358.98$ -$ (578,150.00)$ 385.97$ 1,001,594.95$ 1 0.14% Comerica Bank Beginning Ending Life Investment Description Balance Deposits Withdrawals Interest Balance (days)Yield Comerica Bank- Certificate of Deposit -$ 1,000,000.00$ -$ 611.50$ 1,000,611.50$ 692 0.72% Comerica Bank Totals -$ 1,000,000.00$ -$ 611.50$ 1,000,611.50$ 692 0.72% Total Cash & Investments 12,384,981.65$ 10,279,196.66$ (12,757,407.42)$ 2,961.42$ 9,909,732.31$ 71 0.17% (1)(2) INVESTMENT OFFICER DATE Steven Glickman Assistant Town Manger/CFO Town of Trophy Club Quarterly Investment Report For the Quarter Ended June 30, 2015 The undersigned serves as the Investment Officer* for the Town of Trophy Club. I certify that all instruments held in the Town's investment portfolios for the period April 1, 2015 through June 30, 2015 (a) met the investment guidelines and complied with the investment strategies as authorized by the Town's Investment Policies, and (b) did not violate any applicable provisions of section 2256 of the Government Code of Texas. (1) Weighted average life - For purposes of calculating weighted average life, pool and bank account investments are assumed to have a one day maturity. (2) Weighted average yield to maturity - The weighted average yield to maturity is based on adjusted book value, realized and unrealized gains/losses are not considered. 8/5/2015 Town Council Page 214 of 314 Meeting Date: August 11, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0512-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/2/2015 Town Council On agenda:Final action:8/11/2015 Title:Consider and take appropriate action regarding a Resolution of the Town Council approving and authorizing a project of the Trophy Club Economic Development Corporation 4B to purchase land for authorized purposes (First Reading). Attachments:Staff Report - EDC 4B Project - 1st Reading.pdf RES 2015-12 - EDC 4B Project.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution of the Town Council approving and authorizing a project of the Trophy Club Economic Development Corporation 4B to purchase land for authorized purposes (First Reading). Town Council Page 215 of 314 Meeting Date: August 11, 2015 To: Mayor and Town Council From: Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: EDC Project Resolution (1st Reading) Town Council Meeting, August 11, 2015 Agenda Item: Consider and take appropriate action regarding a Resolution of the Town Council approving and authorizing a project of the Trophy Club Economic Development Corporation 4B to purchase land for authorized purposes (First Reading). Explanation: Project notice was published on June 19th and a Public Hearing was held at the EDC 4B’s meeting on July 6th related to purchase of land for authorized purposes. From the date notice was published, there is a required sixty day waiting period to final approval of the project. This is the first of two required readings of the resolution, the second reading, and final project approval would occur at the August 25th Council meeting, which meets the sixty day waiting period requirement. Attachments: • Resolution No. 2015-12 Recommendation: Staff recommends approval of the first reading of the resolution authorizing a project of the EDC 4B to purchase land for authorized purposes. Town Council Page 216 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2015-12 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING AND AUTHORIZING A PROJECT OF THE TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION TO PURCHASE LAND FOR AUTHORIZED PURPOSES. WHEREAS, the Town of Trophy Club, Texas (the “Town”), has approved and authorized the creation of the Trophy Club Economic Development Corporation (the “Corporation”) as a Texas nonprofit corporation, pursuant to Chapters 501, 502 and 505 of the Texas Local Government Code, as amended (the “Act”), to act on behalf of the Town in its pursuit of economic development to promote and develop projects so as to eliminate unemployment and underemployment and to promote and encourage employment and the public welfare and to promote new and expanded business enterprises; and WHEREAS, the levy by the City of an economic development sales and use tax (the “Sales Tax”), for the benefit of the Corporation under the Act was authorized by a majority of the qualified voters of the City voting at an election called and held for that purpose; and WHEREAS, the City has established and levies, maintains and collects on behalf of the Corporation the Sales Tax pursuant to the Act; and WHEREAS, upon receipt of the proceeds of the Sales Tax the City delivers the proceeds to the Corporation to use in carrying out its functions; and WHEREAS, the Corporation wishes to expend revenues from the Sales Tax, or the proceeds of Corporation sales tax revenue bonds paid from the Sales Tax, on the purchase of approximately 7.441 total acres of land consisting of two parcels located generally at the northeast corner of Trophy Wood Drive and Plaza Drive and at Lot 2, Block 1 Solana Land Addition located generally north of State Highway 114 and west of Trophy Wood Drive within the City, for the purpose of promoting new or expanded business development in accordance with the purposes authorized by Chapter 505 of the Act, including Section 505.158 (the “Project”); and WHEREAS, the Corporation anticipates the issuance of sales tax revenue bonds to fund the acquisition of the Project; and WHEREAS, the Town desires to authorize and approve the Project and expenditure of Sales Tax revenues; and WHEREAS, the Corporation has published notice of the Project and will hold a public hearing on the Project, all as specified in the Act; WHEREAS, it is officially found, determined, and declared that the meeting at which this Resolution has been adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered and acted upon at said meeting, including RES 2015-12 Page 1 of 2 Town Council Page 217 of 314 Meeting Date: August 11, 2015 this Resolution, was given, all as required by the applicable provisions of Chapter 551, Texas Government Code, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The findings and determinations set forth in the preambles hereto are hereby incorporated by reference for all purposes. Section 2. The City, acting by and through this City Council, hereby approves and authorizes the Project and the expenditure of Sales Tax revenues for the Project. Section 3. This Resolution shall take effect upon adoption after its second reading. FIRST READING PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 11th day of August 2015. SECOND READING PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 25th day of August 2015. ______________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: __________________________ ______________________________ Holly Fimbres, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Signature Page for Resolution of the Town Council Approving 4B Project RES 2015-12 Page 2 of 2 Town Council Page 218 of 314 Meeting Date: August 11, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0516-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/2/2015 Town Council On agenda:Final action:8/11/2015 Title:Consider and take appropriate action regarding a Resolution relating to the Giving of Notice of Intention to Amend Ordinance No. 2014-08 issuing Town of Trophy Club, Texas Combination Tax and Revenue Certificates of Obligation, Series 2014; and providing an effective date. Attachments:Staff Report - Notice of Intent - 2014 CO.pdf RESO 2015-11 - Notice of Intent - Amendment to CO Ordinance.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution relating to the Giving of Notice of Intention to Amend Ordinance No. 2014-08 issuing Town of Trophy Club, Texas Combination Tax and Revenue Certificates of Obligation, Series 2014; and providing an effective date. Town Council Page 219 of 314 Meeting Date: August 11, 2015 To: Mayor and Town Council From: Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Notice of Intent 2014 CO Town Council Meeting, August 11, 2015 Agenda Item: Consider and take appropriate action regarding a Resolution relating to the Giving of Notice of Intention to Amend Ordinance No. 2014-08 issuing Town of Trophy Club, Texas Combination Tax and Revenue Certificates of Obligation, Series 2014; and providing an effective date. Explanation: In 2014, $2.5M was issued via Certificates of Obligation for the purpose of purchasing land for a joint Town Hall / Police Facility. In 2015, the Town purchased roughly 5.5 acres of land in the Trophy Wood District for a joint Town Hall / Police Facility for $1.35M. It is proposed that the residual funds of $1.15M from the 2014 CO be repurposed and applied to the design and construction of a joint Town Hall / Police Facility. The first step in that process is to give a Notice of Intent to amend the bond ordinance to include the design and construction aspects. If the Notice of Intent is approved to move forward, a resolution would be presented for Council approval at the September 22, 2015 Council meeting. Attachments: • Resolution No. 2015-11 Recommendation: Staff recommends approval to move forward with the Notice of Intent process to amend ordinance No. 2014-08 to include the design and construction of a joint Town Hall / Police Facility. Town Council Page 220 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2015-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS RELATING TO THE GIVING OF NOTICE OF INTENTION TO AMEND ORDINANCE NO. 2014-08 ISSUING TOWN OF TROPHY CLUB, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2014; PROVIDING AN EFFECTIVE DATE WHEREAS, the Town of Trophy Club, Texas (the “Town”), pursuant to Chapter 271, Subchapter C, Texas Local Government Code, as amended, is authorized to issue its certificates of obligation for the purpose of paying contractual obligations to be incurred for the purposes set forth below; and WHEREAS, the Town Council of the Town has issued its Combination Tax and Revenue Certificates of Obligation, Series 2014 pursuant to Ordinance No. 2014-08; and WHEREAS, the Town Council found and determined that a notice of intention to amend the Ordinance No. 2014-08 authorizing the issuance of certificates of obligation should be published in accordance with the requirements of applicable law; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. The findings and determinations set forth in the preambles hereto are hereby incorporated by reference for all purposes. Section 2. The Town Secretary of the Town is hereby authorized and directed to issue a notice of intention to issue certificates of obligation in substantially the form attached hereto as Exhibit A. Section 3. The foregoing notice shall be published once a week for two consecutive weeks, the date of the first publication being before the thirtieth (30th) day prior to the date set forth in the foregoing notice for passage of the ordinance amending Ordinance No. 2014-08 authorizing the Combination Tax and Revenue Certificates of Obligation, Series 2014. Such notice shall be published in a newspaper of general circulation in the area of the Town of Trophy Club, Texas. Section 4. That this Resolution shall take effect from and after the date of its passage. RES 2015-11 Page 1 of 3 Town Council Page 221 of 314 Meeting Date: August 11, 2015 PASSED, APPROVED AND EFFECTIVE by the Town Council of the Town of Trophy Club, Texas this 11th day of August, 2015. ______________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: __________________________ ______________________________ Holly Fimbres, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas RES 2015-11 Page 2 of 3 Town Council Page 222 of 314 Meeting Date: August 11, 2015 EXHIBIT A NOTICE OF INTENTION TO AMEND ORDINANCE NO. 2014-08 ISSUING TOWN OF TROPHY CLUB, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2014 NOTICE IS HEREBY GIVEN that on September 22, 2015, the Town Council of the Town of Trophy Club, Texas, at 7:00 p.m. at a regular meeting of the Town Council to be held in the Council Chambers at the Trophy Club Municipal Building, 100 Municipal Drive, Trophy Club, Texas 76262, the regular meeting place of the Town Council, intends to pass an ordinance amending Ordinance No. 2014-08 that authorized the issuance of Town of Trophy Club, Texas Combination Tax and Revenue Certificates of Obligation, Series 2014 (the “Certificates) for the purpose of paying contractual obligations to be incurred for the following purposes, to wit: (a) purchasing land for a joint police and town hall facility; and (b) paying professional services of attorneys, financial advisors and other professionals in connection with the Project and the issuance of the Certificates. The ordinance amending the Ordinance No. 2014-08 shall amend the purposes of the Certificates to add (c) designing, developing, constructing and equipping a joint police and town hall facility, as an authorized purpose. Said Certificates are payable from the levy of a direct and continuing ad valorem tax against all taxable property within the Town sufficient to pay the interest on this series of Certificates as due and to provide for the payment of the principal thereof as the same matures, as authorized by Chapter 271, Subchapter C, Texas Local Government Code, as amended, and from all or a part of the surplus revenues of the Town’s municipal drainage utility system, such pledge of surplus revenues being limited to $1,000. THIS NOTICE is given in accordance with law and as directed by the Town Council of the Town of Trophy Club, Texas. GIVEN THIS August 11, 2015 /s/ Holly Fimbres, Town Secretary Town of Trophy Club, Texas RES 2015-11 Page 3 of 3 Town Council Page 223 of 314 Meeting Date: August 11, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0522-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:8/5/2015 Town Council On agenda:Final action:8/11/2015 Title:Consider and take appropriate action to approve a Dual Obligee Rider and General Purpose Rider identifying Trophy Club Municipal Utility District No. 1 as a Dual Obligee on the Maintenance Bond for the construction of public improvements for Waters Edge at Hogan’s Glenn, Phase III Subdivision. Attachments:Staff Report - Dual Obligee Rider for Maintenance Bond.pdf THB Construction - Town of Trophy Club Riders.pdf Action ByDate Action ResultVer. Consider and take appropriate action to approve a Dual Obligee Rider and General Purpose Rider identifying Trophy Club Municipal Utility District No. 1 as a Dual Obligee on the Maintenance Bond for the construction of public improvements for Waters Edge at Hogan’s Glenn, Phase III Subdivision. Town Council Page 224 of 314 Meeting Date: August 11, 2015 To: Mayor and Town Council From: Patricia A. Adams, Town Attorney CC: Stephen Seidel, Town Manager Steven Glickman, Assistant Town Manager/CFO Holly Fimbres, Town Secretary Re: Agenda Item No. 2015-0522; Maintenance Bond Rider Agenda Item: Consider and take appropriate action to approve a Dual Obligee Rider and General Purpose Rider identifying Trophy Club Municipal Utility District No. 1 as a Dual Obligee on the Maintenance Bond for the construction of public improvements for Waters Edge at Hogan’s Glenn, Phase III Subdivision. Explanation: The Town’s Subdivision Regulations require that all developers provide the Town with a two year maintenance bond in order to cover defects in work that occurs within a two year period after final acceptance of the public improvements for a subdivision. The Developer of the Waters Edge at Hogan’s Glen, Phase III Subdivision, BDMR Development, LLC, acting through its general contractor, THB Construction, LLC, provided the Town with a maintenance bond in the full amount of public infrastructure improvements for that subdivision, including paving and drainage and water and sanitary sewer infrastructure. The Trophy Club Municipal Utility District (MUD) recently requested that the Developer, acting through its general contractor, THB Construction, LLC, provide a separate Maintenance Bond to cover the water and sanitary sewer portion of the work on the Waters Edge at Hogan’s Glen, Phase III Subdivision and specifically identifying the MUD as an Obligee on the bond. The Bonding Company for the Developer has declined to issue a separate bond to the MUD, but as an alternative, offered to issue a Dual Obligee Rider and General Purpose Rider naming both the Town and the MUD. The Riders do not decrease the amount of the bond, but separate the total cost of the public improvements between the cost of paving and drainage improvements (Town) and the cost of water and sanitary sewer improvements (MUD). The Town Council previously approved a Subdivider’s Agreement for Phase III which called for a single bond to be issued to the Town for the cost of all public improvements, including the cost of MUD improvements for water and sanitary sewer improvements. Page 1 of 2 Town Council Page 225 of 314 Meeting Date: August 11, 2015 The maintenance bond is provided to cover defects in work that occur within the two year period after final acceptance of the subdivision. With the Dual Obligee rider, if a defect in paving and/or drainage improvements occurs with the two year period, the Town will handle its claim with the bonding company; however, if a defect in water and/or sanitary sewer improvements occurs within the two year period, the MUD will handle its own claim. In the past, the Town has handled the bond claims for all public improvements and the cost of the water and sanitary sewer improvements have been included in the total with the Town as the single beneficiary. The Dual Obligee Rider and General Purpose Rider are being presented for Council approval since agreement to acceptance of the Riders would deviate from the terms of the Subdivider’s Agreement previously approved by Council. Attachments: • Dual Obligee Rider • General Purpose Rider Page 2 of 2 Town Council Page 226 of 314 Meeting Date: August 11, 2015 Town Council Page 227 of 314 Meeting Date: August 11, 2015 Town Council Page 228 of 314 Meeting Date: August 11, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0505-T Name: Status:Type:Agenda Item Public Hearing File created:In control:8/2/2015 Town Council On agenda:Final action:8/11/2015 Title:Conduct a Public Hearing regarding the Trophy Club Crime Control and Prevention District (CCPD) Budget for Fiscal Year 2015-2016 submitted to the Town Council by the CCPD Board. Attachments: Action ByDate Action ResultVer. Conduct a Public Hearing regarding the Trophy Club Crime Control and Prevention District (CCPD) Budget for Fiscal Year 2015-2016 submitted to the Town Council by the CCPD Board. Town Council Page 229 of 314 Meeting Date: August 11, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0506-T Name: Status:Type:Agenda Item Public Hearing File created:In control:8/2/2015 Town Council On agenda:Final action:8/11/2015 Title:Conduct a Public Hearing regarding a request for a Conditional Use Permit for a Wastewater Treatment Facility on 10.58 acres located in the Mary Medlin Survey, Abstract 832 on Junction Way; Applicant: Trophy Club Municipal Utility District, Case CUP-15-005. Attachments:Staff Report - CUP for MUD.pdf Exhibit A - Application and Site Plan.pdf Exhibit B - Zoning Exhibit.pdf Exhibit C - Government Use District Regulations.pdf Exhibit D - Location and Zoning Maps.pdf Exhibit E - Correspondence Received.pdf Action ByDate Action ResultVer. Conduct a Public Hearing regarding a request for a Conditional Use Permit for a Wastewater Treatment Facility on 10.58 acres located in the Mary Medlin Survey, Abstract 832 on Junction Way; Applicant: Trophy Club Municipal Utility District, Case CUP-15-005. Town Council Page 230 of 314 Meeting Date: August 11, 2015 To: Mayor and Town Council From: Ron Ruthven, Town Planner CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Case #CUP-15-005 Town Council Meeting, Tuesday, August 11, 2015 Agenda Item: Conduct a Public Hearing regarding a request for a Conditional Use Permit for a Wastewater Treatment Facility on 10.58 acres located in the Mary Medlin Survey, Abstract 832 on Junction Way; Applicant: Trophy Club Municipal Utility District, Case CUP-15-005. REQUEST: The Trophy Club Municipal Utility District (MUD) is requesting a conditional use permit (CUP) in order to expand the existing wastewater treatment plant located off of Junction Way west of Indian Creek Drive. The plant was constructed approximately 40 years ago and was expanded ten years later, all of which was completed prior to the incorporation of the Town in 1985. Therefore, the plant has essentially been operating as a legal-non conforming use since the Town of Trophy has been in existence; thus, the reason for this request. CURRENT CONDITIONS AND ZONING: The subject property contains 10.58 acres and is not platted. In terms of zoning, the southern 6.589 acres is zoned GU-Government Use district and the northern 3.991 acres is zoned CR- Commercial Recreation district. Utility facilities are only permitted within the GU district with the approval of a CUP. Therefore, only the southern 6.589 acres of the subject property is permitted to have a wastewater treatment plant with the approval of a CUP. According to the site plan provided by the applicant, the existing portion of the plant and the proposed expansion will be completely contained within the GU zoned portion of the subject property. According to Chapter 13-Zoning in the Code of Ordinances, the purpose of the GU zoning district is as follows: “The GU Governmental Use District is established to apply to those lands where national, state or local governmental activities are conducted and where governments hold title to such lands. Any lawful governmental activity is permitted in these districts. It is not intended to classify all lands owned by government into this district, but only those lands particularly and peculiarly Page 1 of 3 Town Council Page 231 of 314 Meeting Date: August 11, 2015 related to the public welfare. It is generally intended to utilize this district to implement the Comprehensive Master Plan.” The following uses are permitted in the GU district either “by right” or conditionally through the issuance of a conditional use permit (CUP) or special use permit SUP. Use Classification Permit Type Gov. Maint Bldg, Storage Yards CUP Required Privately Owned & Operated Playground CUP Required Radio, Television Microwave Towers CUP Required Utility Facilities, Garage, Storage Bldg/Yard CUP Required Utilities Facilities, Energy Plant CUP Required Utility Facilities, Office CUP Required Churches, Temples& Synagogues Permitted Schools, Primary & Secondary Permitted Cemetery and Mausoleums Permitted Cultural Buildings and Facilities Permitted Municipal Admin, Public Service Facilities Permitted Park, Playground, Playlots, Related Facilities Permitted Public Safety Facilities Permitted Social, Recreational, Assembly Bldgs Permitted Utility Facilities, Distribution Lines Permitted Community Center (Non-Profit) Permitted Swimming Pool, Tennis Court (Non- Profit) Permitted Beer & Wine Sales (Off-Premise Consumption Only) SUP Required Mixed Alcoholic Beverage Sales w/Restaurant SUP Required Based on the above chart, the proposed use of the property for a wastewater treatment plant is permitted with the approval of a CUP under the classification of “utility facilities” not including distribution lines in the GU district. PLATTING AND SITE PLAN REQUIREMENT Approval of a preliminary and final plat is required for the subject property given that it is not platted. A preliminary plat is included for consideration as separate agenda item. A separate site plan will require approval by the Planning & Zoning Commission and Town Council on a future agenda. FUTURE LAND USE: The 1997 Trophy Club Comprehensive Land Use Plan recommends “low density residential” land uses for the subject property. Institutional uses such as the proposed wastewater treatment plant are considered compatible in any future land use category. Therefore, the proposed use conforms to this recommendation. Page 2 of 3 Town Council Page 232 of 314 Meeting Date: August 11, 2015 PUBLIC NOTICE REQUIREMENT: Per the requirements of the State of Texas and the Trophy Club Code of Ordinances, a notice of public hearing concerning the zoning request was published in the Fort Worth Star Telegram. Notice was also mailed to seven property owners within 200 feet of the subject property. To date no correspondence has been received. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission considered this item on August 6, 2015 after the Council packet was sent. Staff will provide an update to the Council concerning the Commission’s action prior to the start of the August 11, 2015 meeting. STAFF REVIEW AND RECOMMENDATION: Given the current legal non-conforming status of the use of a wastewater treatment facility, in order approve any expansion to the facility, the property must meet the current zoning requirements, which includes the approval of a CUP. Staff recommends approval. Attachments: Exhibit “A” – Application and Site Plan Exhibit “B” – Zoning Exhibit Exhibit “C” – GU-Government Use District Regulations Exhibit “D” – Location and Zoning Maps Exhibit “E” – Correspondence Received Page 3 of 3 Town Council Page 233 of 314 Meeting Date: August 11, 2015 E x h i b i t A T o w n C o u n c i l P a g e 2 3 4 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 Exhibit A Town Council Page 235 of 314 Meeting Date: August 11, 2015 Co n d i t i o n a l U s e P e r m i t Ar e a 6. 5 8 9 A c r e s Zo n i n g E x h i b i t Ex h i b i t B To w n Co u n c i l Pa g e 23 6 of 31 4 Meeting Date: August 11, 2015 Chapter 13 - Zoning Section 4.18 GU – Government Use District Regulations A. Purpose: The GU Governmental Use District is established to apply to those lands where national, state or local governmental activities are conducted and where governments hold title to such lands. Any lawful governmental activity is permitted in these districts. It is not intended to classify all lands owned by government into this district, but only those lands particularly and peculiarly related to the public welfare. It is generally intended to utilize this district to implement the Comprehensive Master Plan. B. Uses Generally: In a GU Governmental Use District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 3.03, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the GU-Governmental Use District in accordance with the regulations provided in Section 5.03, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the GU-Governm ental Use District in accordance with the regulations provided in Section 6.01, Conditional Use Permit. 3. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. C. Plan shal Requirements: No application for a building permit for the construction of a building or structure l be approved unless: 1. A plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located. 2. A Site Plan has been approved meeting the conditions as provided in Section 5.09, Site Plan Requirements; and 3. A Landscape Plan, meeting the requirements of Section 7.03, Landscaping Regulations, has been approved. D. Density Regulations: None E. Height Regulations: Except as provided by Section 5.04, Height Limits, no building shall exceed 40' feet or two (2) stories in height. F. Area Regulations: The yard requirements shall not be less than the requirements of the most restrictive abutting property. Exhibit C Town Council Page 237 of 314 Meeting Date: August 11, 2015 Chapter 13 - Zoning addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance and other applicable ordinances of the Town. 3. Maximum Building Coverage The combined area covered by all main and accessory of the total lot area. 4. Maximum Impervious Area The combined area occupied by all buildings, structures, off- street parking and paved areas shall not exceed eighty percent (80%) of the total lot area. 5. Minimum Floor Area None. 6. Front, Rear and Side Yards The yard requirements shall not be less than the requirements of the most restrictive abutting property. Required yards shall comply with Section 5.05 Required Yards. AREA DESCRIPTION AREA REGULATIONS 1. Lot Size None. 2. Minimum Open Space At least twenty percent (20%) of the total lot area shall be devoted to nonvehicular open space. (Nonvehicular open space is any area not devoted to buildings, parking lots, storage, or vehicular use.) All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In buildings and structures shall not exceed sixty percent (60%) G. Buffered Area Regulations: Whenever any conditional use that is allowable in the GU Governmental Use District abuts a residentially zoned district, a landscaped buffer zone of not less than forty (40) feet in depth shall be provided between the lot line and any building, structure or activity area. All buildings, structures and loading or storage area shall be landscaped to provide visual and acoustical privacy to adjacent property. In addition, screening shall occur in the buffer area and such area shall be provided in accordance with the provisions of Section 7.01, Screening and Fencing. H. Off-Street Parking: Off-street parking shall be provided in accordance with Section 7.04, Off-Street Parking Requirements. I. Off-Street Loading: No off-street loading is required in the GU District. J. Masonry Requirement: All principal and accessory buildings and structures shall be of exterior fire resistant construction having one hundred (100) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. (Ord No. 98-29, § XXXI, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXXI, 3-21-00) Exhibit C Town Council Page 238 of 314 Meeting Date: August 11, 2015 Su b j e c t P r o p e r t y (Y e l l o w B o u n d a r y ) Lo c a t i o n M a p CU P A r e a (O r a n g e B o u n d a r y ) Ex h i b i t D To w n Co u n c i l Pa g e 23 9 of 31 4 Meeting Date: August 11, 2015 Zo n i n g M a p Su b j e c t P r o p e r t y (Y e l l o w B o u n d a r y ) CU P A r e a (O r a n g e B o u n d a r y ) Ex h i b i t D To w n Co u n c i l Pa g e 24 0 of 31 4 Meeting Date: August 11, 2015 Subject: FW: P&Z Wastewater Treatment Plant Public Hearing Attachments: directors-with-shovels.jpg From: Ryan Chitwood [mailto ] Sent: Tuesday, August 04, 2015 5:36 AM To: Ron Ruthven; MayorAndCouncil Subject: Re: P&Z Wastewater Treatment Plant Public Hearing Mr. Ruthven, I have taken time to review this from an environmental engineering standpoint and it does not look technically complete. Although the facility has been in operation for 40 years, the environmental laws and what is considered good engineering practice has changed. Being 40 years old can not be the answer to every category in the permit application. It appears that the MUD does not really want outside comments on the expansion. The expansion plan presented appears to be to construct the plant according to 1985 standards and rush through the public comment period without providing a lot of details. I am left with the following questions: -What NPDES construction and stormwater permitting is planned for this plant expansion project? -What other options are there? Can you tell me if the TCEQ guidance RG-357 on regionalization was ever reviewed to screen the possibility of routing this effluent to TRA? -Does this property adjoin the USACE property anywhere? Is a permit required through the USACE? -Does any part of this property lie in the 100 year flood plain? -Has an Environmental Impact Study or Phase I Environmental Site Assessment been performed by this permittee? -What is the exact landscaping plan and irrigation plan? -What is the additional impact on local traffic to and from the highway for Exhibit E Town Council Page 241 of 314 Meeting Date: August 11, 2015 construction and operation of this expansion? How will the road repairs be funded? -Does Trophy Club still have a tree ordinance? Will trees be planted to offset the trees cut down? I am very sorry to see how few details you have been given to work with Mr. Ruthven. I hope that you will consider extending the comment period to allow the MUD to present a technically complete and timely application for the stakeholders to review. Sincerely, Ryan Chitwood Trophy Club, TX 76262 On Tuesday, August 4, 2015 5:07 AM, Ryan Chitwood wrote: Yes please. It appears that the MUD doesn't really want anyone looking at this prior to the public hearing. The comment period should be extended to make this process meaningful instead of a rubber stamp. On Monday, August 3, 2015 4:39 PM, Ron Ruthven <rruthven@trophyclub.org> wrote: Mr. Chitwood, I apologize that this is late. Please see the staff report attached. Town Council Page 242 of 314 Meeting Date: August 11, 2015 Would you like the email from you below placed into the record for this case? Please let me know. Thank you. Ron Ruthven, AICP Interim Town Planner Town of Trophy Club 100 Municipal Drive Trophy Club, TX 76262 (682)831-4681 (682)490-0705 fax From: Ryan Chitwood [mailto ] Sent: Friday, July 31, 2015 12:06 PM To: Ron Ruthven; Pat Cooke Subject: Re: P&Z Wastewater Treatment Plant Public Hearing Yes please. I want to express my concern already that this process is being performed backwards. This public comment period should have been held prior to any construction or expenditure of tax dollars on the project. I am concerned that this appears to be a "rubber stamp" process without adequate time allotted to research the impact on the flood plain, neighboring homes and Town as a whole. TCEQ has published a guidance document at the link below that indicates routing our wastewater to TRA is an option that should be considered. However, anyone who has tried to raise these concerns in the last 7 years has been censored or sued into silence. Please take this project off the fast track so all the impacts from this project and the alternatives can adequately be considered. The Feasibility of Regionalizing Water and Wastewater Utilities: A TCEQ Policy Statement Town Council Page 243 of 314 Meeting Date: August 11, 2015 The Feasibility of Regionalizing Water and Wastewater Ut... Purpose is to implement SB 1 and subsequent rulemaking 30 TAC Ch 290/291. Audience is owners/operators of public water systems, CCN applicants and holders, ... View on www.tceq.texas.gov Preview by Yahoo Sincerely, Ryan Chitwood On Friday, July 31, 2015 11:00 AM, Ron Ruthven <rruthven@trophyclub.org> wrote: I am still working on the report for the Planning and Zoning Commission and would be happy to forward you a copy later today once completed. Ron Ruthven, AICP Interim Town Planner Town of Trophy Club 100 Municipal Drive Trophy Club, TX 76262 (682)831-4681 (682)490-0705 fax From: Ryan Chitwood [mailto:] Sent: Friday, July 31, 2015 10:54 AM To: Ron Ruthven; Pat Cooke Subject: Re: P&Z Wastewater Treatment Plant Public Hearing Would it be possible to get a copy of the permit application? Thanks, Ryan Chitwood Town Council Page 244 of 314 Meeting Date: August 11, 2015 On Friday, July 31, 2015 10:07 AM, Ron Ruthven <rruthven@trophyclub.org> wrote: Mr. Chitwood, Please see attached and let know if you have any questions. Thanks. Ron Ruthven, AICP Interim Town Planner Town of Trophy Club 100 Municipal Drive Trophy Club, TX 76262 (682)831-4681 (682)490-0705 fax From: Ryan Chitwood [mailto ] Sent: Friday, July 31, 2015 9:59 AM To: Ron Ruthven; Pat Cooke Subject: P&Z Wastewater Treatment Plant Public Hearing Can I get a copy of the public hearing notice that was published? I can't find it online or in any paper. Thanks, Ryan Chitwood -- Attention: Please note any correspondence, such as e-mail or letters, sent to Town staff or officials may become a public record and made available for public/media review. -- Public Officials: A "reply to all" of this e-mail may lead to violations of the Texas Open Meetings Act. Please reply only to the sender. [020415] Town Council Page 245 of 314 Meeting Date: August 11, 2015 Ex h i b i t E To w n Co u n c i l Pa g e 24 6 of 31 4 Meeting Date: August 11, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0521-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/5/2015 Town Council On agenda:Final action:8/11/2015 Title:Receive an update from GSBS regarding the Police and Town Hall facility; discuss and take appropriate action regarding update, facility, timeline, project schedule, cost and financing. Attachments: Action ByDate Action ResultVer. Receive an update from GSBS regarding the Police and Town Hall facility; discuss and take appropriate action regarding update, facility, timeline, project schedule, cost and financing. Town Council Page 247 of 314 Meeting Date: August 11, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0508-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/2/2015 Town Council On agenda:Final action:8/11/2015 Title:Receive public input regarding the Police and Town Hall facility; discussion of same. Attachments: Action ByDate Action ResultVer. Receive public input regarding the Police and Town Hall facility; discussion of same. Town Council Page 248 of 314 Meeting Date: August 11, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0510-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/2/2015 Town Council On agenda:Final action:8/11/2015 Title:Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club, Texas, calling a Bond Election to be held on November 3, 2015 within the Town for the issuance of General Obligations Bonds for a Joint Police and Town Hall Facility, making provisions for the conduct of the election and other provisions relating thereto; and providing an effective date. Attachments:Staff Report - GO Bond Election.pdf ORD 2015-16 Calling Bond Election.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club, Texas, calling a Bond Election to be held on November 3, 2015 within the Town for the issuance of General Obligations Bonds for a Joint Police and Town Hall Facility, making provisions for the conduct of the election and other provisions relating thereto; and providing an effective date. Town Council Page 249 of 314 Meeting Date: August 11, 2015 To: Mayor and Town Council From: Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: GO Bond Election Town Council Meeting, August 11, 2015 Agenda Item: Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club, Texas, calling a Bond Election to be held on November 3, 2015 within the Town for the issuance of General Obligations Bonds for a Joint Police and Town Hall Facility, making provisions for the conduct of the election and other provisions relating thereto; and providing an effective date. Explanation: The Town Council and staff, in conjunction with the architectural firm, GSBS, have been working on plans to construct at joint Town Hall / Police Facility for some time. The Town has acquired land for the project in the Trophy Wood District and saved $1.15M in the process that can be applied to the construction of a facility. Including the savings from the land purchase the Town has approximately $3.8M to apply towards the construction of the facility which includes funds from the Crime Control and Prevention District, the 2012 Tax Note, and Fund Balance. The difference between the estimated cost of the facility and the $3.8M of available funding is the amount that is recommended to include in the proposition. Attachments: • Ordinance No. 2015-16 Recommendation: Staff recommends approval of Ordinance 2015-16 calling a bond election to be held on November 3, 2015 within the Town for the issuance of General Obligations Bonds for a Joint Town Hall and Police Facility for an amount approved by the Town Council. Town Council Page 250 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-16 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, CALLING A BOND ELECTION TO BE HELD WITHIN THE TOWN, MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION AND OTHER PROVISIONS RELATING THERETO WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”), hereby finds and determines that it is necessary and advisable to call and hold an election in the Town for the purpose of submitting certain propositions pertaining to the issuance of bonds for the purposes hereinafter set forth; and WHEREAS, the Town Council hereby finds and determines that said election shall be held on a uniform election date established by Section 41.001(a) Texas Election Code, as amended, as required by Texas law; and WHEREAS, the Town Council hereby finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that public notice of the time, place, and purpose of said meeting was given as required by Chapter 551, Texas Government Code, as amended; therefore, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Findings. The statements contained in the preamble of this Ordinance are true and correct and are hereby adopted as findings of fact and as part of the operative provisions hereof. Section 2. Election Ordered; Date; Proposition. An election (the “Election”) shall be held for and within the Town on Tuesday, November 3, 2015 (“Election Day”), a uniform election date established by Section 41.001(a) of the Texas Election Code, as amended (the “Code”). At the Election the following proposition (the “Proposition”) shall be submitted to the qualified voters of the Town in accordance with law: PROPOSITION NO. 1 “Shall the Town Council of the Town of Trophy Club, Texas be authorized to issue general obligation bonds of said Town in the aggregate principal amount of $__________ for the purpose of providing funds for permanent public improvements, to-wit: designing, developing, constructing and equipping a joint police and town hall facility and the acquisition of land therefore; such bonds to mature serially within not to exceed twenty-five (25) years from their date, to be issued in one or more series and sold at such prices and bear interest at such rates as shall be determined within the discretion of the Town Council under the laws of the ORD 2015-16 Page 1 of 8 Town Council Page 251 of 314 Meeting Date: August 11, 2015 State in effect at the time of such issuance; and to provide for the payment of the principal of and interest on said bonds by levying ad valorem taxes to be assessed and collected annually in an amount sufficient to pay the annual interest on and to create a sinking fund to redeem said bonds as they become due?” Section 3. Official Ballot. The Proposition shall be set forth substantially in the following form, so as to permit the voters to vote “FOR” or “AGAINST” the Proposition, which shall be set forth on the ballots in substantially the following form: PROPOSITION NO. 1  FOR  AGAINST THE ISSUANCE OF $___________ GENERAL OBLIGATION BONDS FOR A JOINT POLICE AND TOWN HALL FACILITY AND THE LEVY OF A TAX IN PAYMENT THEREOF Section 4. Persons Qualified to Vote. All resident, qualified electors of the Town shall be eligible to vote at the Election. Section 5. Election Precincts, Voting Locations and Voting Hours on Election Date. The voting precincts for the Election are hereby designated to be those municipal voting precincts identified by their Denton County and Tarrant County precinct numbers as determined by the Denton County Elections Department and the Tarrant County Elections Department (together, the “Elections Administrators”). Such locations are incorporated herein by reference for all purposes; provided, however, such times and locations may be changed if so directed by the Elections Administrators without further action of the Town Council. The Elections Administrators are hereby authorized and directed to make such changes in polling locations as may be necessary for the proper conduct of the Election. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on the date of the Election. Section 6. Early Voting Locations, Dates and Times. (a) The Elections Administrators are hereby appointed as Early Voting Clerks for the Election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. The main early voting polling place for Denton County is hereby designated to be Denton County Elections Administrations, 701 Kimberly Drive, Denton, Texas 76208. The main early voting place for Tarrant County is hereby designated to be the Tarrant County Elections Center, 2700 Premier Street, Fort Worth, Texas 76111. Ballot applications and ballots voted by mail for Denton County residents and Tarrant County residents shall be sent to: Denton County Elections Department, Early Voting Clerk, 701 Kimberly Drive, Denton, Texas 75208 and to the Early Voting Clerk, Tarrant County Elections Center, P.O. Box 961011, Fort Worth, Texas 76161-0011, respectively. The Elections Administrators and/or the Early Voting Clerks are hereby authorized to appoint the members of the Early Voting Ballot Boards and the presiding judges and alternate judges in accordance with the requirements of the Code. Early voting shall be conducted by the Early Voting Clerks, at the main early voting polling locations listed above, such locations may be changed or additional early voting locations may be added by the Elections Administrators, without further action of the Town Council, as is necessary for the proper conduct of the Election. ORD 2015-16 Page 2 of 8 Town Council Page 252 of 314 Meeting Date: August 11, 2015 (b) In addition to the main early voting polling location, Town of Trophy Club voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County and Tarrant County throughout the County, such locations as listed in Exhibit A attached hereto, as may be modified and updated by each Elections Administrator. (c) Early voting by personal appearance shall begin on Monday, October 19, 2015, and shall end at 7:00 p.m. on Friday, October 30, 2015, with the voting times to be as follows: October 19 (Monday through Friday) October 23 8:00 AM – 5:00 PM October 24 (Saturday) 8:00 AM – 5:00 PM (Denton County 7:00 AM – 7:00 PM (Tarrant County) October 25 (Sunday) (Tarrant County only) 11:00 AM –4:00 PM October 26 (Monday through Wednesday) October 28 October 29 (Thursday and Friday) October 30 8:00 AM – 5:00 PM 7:00 AM – 7 PM Section 7. Notice of Election. Notice of the Election shall be given by: (i) publishing a substantial copy of this Ordinance, in English and Spanish, on the same day of each of two (2) successive weeks not earlier than the thirtieth (30th) day nor later than the fourteenth (14th) day prior to the date set for the Election, in a newspaper published in the Town, (ii) posting a copy of this Ordinance, in English and Spanish at the Town Hall on the bulletin board used for posting notices of the meetings of the Town Council and at three (3) other public places within the boundaries of the Town, not later than the twenty-first (21st) day prior to the date set for the Election and (iii) posting a copy of this Ordinance, in English and Spanish, on the Town’s website, prominently and together with the notice of the Election and the contents of the Proposition, not later than the twenty-first (21st) day prior to the date set for the Election through Election Day. Additionally, on Election Day and during early voting by personal appearance, this Ordinance shall be posted in a prominent location at each polling place. Notice of the Election shall also be provided to the county clerk of Denton County, Texas and Tarrant County, Texas and the Denton County voter registrar and Tarrant County voter registrar not later than the 60th day before the Election Day. Section 8. Conduct of Election. (a) The Election shall be conducted in accordance with the Code under the jurisdiction of the Denton County Elections Department and the Tarrant County Elections Department pursuant to separate Election Services Contracts (the “Contracts”) by and among Denton County Elections Department (“DCED”), the Town and other participating entities, if any, and by and among the Tarrant County Elections Department (“TCED”), the Town and other participating entities, if any, as described in the Contracts. The Town Manager or the Town Manager’s designee is authorized to amend or supplement the Contract to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Elections Administrators. (b) Election judges, alternate judges and clerks shall be paid, as determined by the Elections Administrators, for their service in the Election. ORD 2015-16 Page 3 of 8 Town Council Page 253 of 314 Meeting Date: August 11, 2015 (c) E-slate, a Direct Record Electronic (DRE) System shall be used for early voting by personal appearance, and paper ballots, which are optically scanned, shall be used for early voting by mail, as directed by each Elections Administrator. In the November 3, 2015 election, the Elections Administrators shall cause paper ballots, which are optically scanned, to be prepared in the form of the ballot prescribed below, being in both English and Spanish, and shall furnish election officials said ballots, in such form, together with any other forms or blanks, in accordance with the Charter of the Town of Trophy Club, Texas, the Constitution and laws of the State of Texas and the Voting Rights Act of 1965, and any amendments thereto, insofar as same are applicable. E-Slate, a Direct Record Electronic (DRE) System shall be provided and used at each polling location on Election Day. (d) The holding of the Election shall be in compliance with the Code except as modified by other applicable provisions of law. (e) The election officers shall make returns for the Election in the manner required by law, and the ballots that are properly marked in conformance with the provisions of the Code for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. Section 9. Additional Information Required by Section 3.009 of the Election Code. (a) As of the October 1, 2014, the first day of the Town’s current fiscal year, the aggregate principal amount outstanding of tax-supported debt of the Town was $13,167,000 and the aggregate amount of outstanding interest on such tax-supported debt was $4,028,952.33. The Town’s ad valorem debt service tax rate for the current fiscal year is $0.11 per $100 of assessed valuation of taxable property in the Town. (b) The Town intends to issue the bonds authorized by the Proposition over a period of years in a manner and in accordance with a schedule to be determined by the Town Council based upon a number of factors, including, but not limited to, the then current needs of the Town, demographic changes, prevailing market conditions, assessed valuations in the Town and management of the Town’s short-term and long-term interest rate exposure. Market conditions, demographics and assessed valuations vary based upon a number of factors beyond the Town’s control, and therefore, the Town cannot and does not guarantee a particular interest rate or tax rate associated with the bonds authorized by the Proposition. As such, the information contained in this paragraph is provided solely for illustrative purposes and does not establish any limitations or restrictions or create a contract with the voters. The Town currently estimates that, if the Proposition were approved and the bonds proposed herein were authorized and issued in accordance with the Town’s current estimated project plan of finance, the maximum interest rate of the bonds is not expected to exceed 4.50%. (c) Any additional information required by Section 3.009 of the Code is contained in Sections 2 and 3 of this Ordinance. Section 10. Necessary Actions. The Mayor and the Town Secretary of the Town, in consultation with the Town’s Attorney and bond counsel, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code and the Federal ORD 2015-16 Page 4 of 8 Town Council Page 254 of 314 Meeting Date: August 11, 2015 Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein, including making changes or additions to polling places or procedures to the extent required or desirable or as may become necessary due to circumstances arising after the date of this Ordinance. Section 11. Severability. If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, invalid, or unenforceable, neither the remaining portions of this Ordinance nor their application to other persons or sets of circumstances shall be affected thereby, it being the intent of the Town Council in adopting this Ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness, invalidity or unenforceability of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. Section 12. Effective Date. This Ordinance shall take effect immediately upon adoption. PASSED AND APPROVED, AND EFFECTIVE on the 11th day of August, 2015, at a regular meeting of the Town Council of the Town of Trophy Club, Texas. C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Holly Fimbres, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas ORD 2015-16 Page 5 of 8 Town Council Page 255 of 314 Meeting Date: August 11, 2015 EXHIBIT A DENTON COUNTY EARLY VOTING LOCATIONS TARRANT COUNTY EARTLY VOTING LOCATIONS ORD 2015-16 Page 6 of 8 Town Council Page 256 of 314 Meeting Date: August 11, 2015 DENTON COUNTY ELECTION DAY POLLING LOCATIONS ORD 2015-16 Page 7 of 8 Town Council Page 257 of 314 Meeting Date: August 11, 2015 TARRANT COUNTY ELECTION DAY POLLING LOCATIONS ORD 2015-16 Page 8 of 8 Town Council Page 258 of 314 Meeting Date: August 11, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0511-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/2/2015 Town Council On agenda:Final action:8/11/2015 Title:Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and calling a Special Election to be held on November 3, 2015 for the purpose of submitting to the resident qualified voters of the Town two (2) propositions to amend the Home Rule Charter of the Town; adopting provisions relative to the conduct of the election and the canvassing of election results; and providing an effective date. Attachments:Staff Report - Special Election.pdf Ordinance No. 2015-17 - Calling Special Election.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and calling a Special Election to be held on November 3, 2015 for the purpose of submitting to the resident qualified voters of the Town two (2) propositions to amend the Home Rule Charter of the Town; adopting provisions relative to the conduct of the election and the canvassing of election results; and providing an effective date. Town Council Page 259 of 314 Meeting Date: August 11, 2015 To: Mayor and Town Council From: Holly Fimbres, Town Secretary CC: Stephen Seidel, Town Manager Re: Special Election - November 2015 Town Council Meeting, August 11, 2015 Agenda Item: Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and calling a Special Election to be held on November 3, 2015 for the purpose of submitting to the resident qualified voters of the Town two (2) propositions to amend the Home Rule Charter of the Town; adopting provisions relative to the conduct of the election and the canvassing of election results; and providing an effective date. Explanation: Council has determined it appropriate to submit two (2) proposed amendments initiated by Council, which were considered by Council at two open public meetings, to the qualified voters at the November 3, 2015 election (hereinafter “Proposed Amendments”), that date being more than two years after the adoption and/or amendment of the Town's Charter. Proposition No. 1 is the Calling of a Bond Election, therefore the Charter Amendment Propositions will be Proposition No. 2 and Proposition No. 3. The strike through and amended language will not be on the ballot. PROPOSITION NO. 2: TERM LIMITS: AN AMENDMENT TO REPEAL SECTION 3.22 “TERM LIMITS” IN ITS ENTIRETY IN ORDER TO REMOVE THE CHARTER PROVISION THAT RESTRICTS A PERSON FROM HOLDING OFFICE AS MAYOR OR AS A COUNCILMEMBER FOR SUCCESSIVE FULL TERMS TOTALING MORE THAN SIX (6) YEARS. [ ] FOR [ ] AGAINST If this Proposition is approved by the majority of voters voting on this Proposition at the Election, Article III, Section 3.02 “Term Limits” of the Town Charter shall be repealed in its entirety and the provision below will be removed from the Town’s 2013 Amended Home Rule Charter. 3.22 Term Limits No person shall serve as Mayor for successive elected full terms totaling more than six years, and no person shall serve as Councilmember for successive elected full terms totaling more than Page 1 of 2 Town Council Page 260 of 314 Meeting Date: August 11, 2015 six years. A term of office shall be defined as an elected period of two (2) years or an elected period of three (3) years. A portion of a term does not count as a term of office for purposes of a limit. Term limits shall apply to the May of 2010 election and all subsequent elections. Election terms previously served or being served at the May of 2010 election are not counted in the application of term limits. PROPOSITION NO. 3: BUDGET, FINANCE AND TAXATION-SUBMISSION; AN AMENDMENT TO SECTION 9.02 “SUBMISSION” REPEALING THE LANGUAGE REQUIRING THAT THE TOWN MANAGER SUBMIT A PROPOSED BUDGET AND MESSAGE TO TOWN COUNCIL BEFORE AUGUST 1 OF EACH YEAR AND ADOPTING LANGUAGE REQUIRING THE SUBMISSION OF THE BUDGET AND MESSAGE EACH YEAR IN ACCORDANCE WITH STATE LAW REQUIREMENTS. [ ] FOR [ ] AGAINST If this Proposition is approved by the majority of voters voting on this Proposition at the Election, the first paragraph of Article IX, Section 9.02 “Submission” of the Town Charter shall be amended in accordance with the language as set forth below (revisions being voted upon noted with additions in bold and deletions with strike through) and all paragraphs and sections not specifically amended shall remain in effect as set forth in the Town’s 2013 Amended Home Rule Charter: 9.02 Submission The Town Manager shall submit to the Council a proposed budget and accompanying message before the first day of August of each year in accordance with the requirements of State law. Attachments: • Ordinance No. 2015-17 Recommendation: Staff recommends approval of Ordinance 2015-17 ordering and calling a Special Election to be held on November 3, 2015. Page 2 of 2 Town Council Page 261 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-17 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A SPECIAL ELECTION FOR THE TOWN OF TROPHY CLUB (“TOWN”) TO BE HELD ON NOVEMBER 3, 2015 FOR THE PURPOSE OF SUBMITTING TO THE RESIDENT QUALIFIED VOTERS OF THE TOWN OF TROPHY CLUB TWO (2) PROPOSITIONS RELATING TO THE AMENDMENT OF THE HOME RULE CHARTER FOR THE TOWN AS MORE FULLY SET FORTH HEREIN; PROVIDING FOR THE INCORPORATION OF PREMISES; SPECIFYING THE DATE OF ELECTION; SPECIFYING THE PURPOSE OF THE ELECTION; PROVIDING FOR THE APPOINTMENT OF A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING A JOINT ELECTION AGREEMENT WITH DENTON COUNTY; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001 (a)(3) of the Texas Election Code (hereinafter the "Code") establishes the first Tuesday of November as a Uniform Election Date for the purposes of conducting a Special Election; and WHEREAS, Section 3.004 of the Texas Election Code provides that the governing body of a municipality shall be the authority to order a Special Election; and WHEREAS, the Town Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that public notice of the time, place, and purpose of such meeting was given as required by Chapter 551, Texas Government Code, as amended; and WHEREAS, Section 3.005 of the Texas Election Code provides that an election ordered by an authority of a municipality shall be ordered not later than the 71st day before Election Day; and WHEREAS, because the Town of Trophy Club is located in both Denton County and Tarrant County, the Town will enter into an Election Services Contract with Denton County and an Election Services Contract with Tarrant County so that those entities will provide election services for Denton County and Tarrant County residents of Trophy Club; and WHEREAS, the Election shall be conducted in accordance with the Code under the jurisdiction of the Denton County Elections Administration (the “Denton County Town Council Page 262 of 314 Meeting Date: August 11, 2015 Elections Administrator”) pursuant to an Election Services Contract (the “Contract”), an Interlocal Agreement by and among Denton County Elections Administration (“DCEA”), and other participating entities, if any, described in a Contract between the Town and Denton County, a copy of which Contract will be incorporated herein as Exhibit “A” upon its final approval and execution by the Town; and WHEREAS, the Election shall be conducted in accordance with the Code under the jurisdiction of the Tarrant County Elections Administration (the “Tarrant County Elections Administrator”) pursuant to an Election Services Contract (the “Contract”), an Interlocal Agreement by and among Tarrant County Elections Administration (“TCEA”), and other participating entities, if any, described in the Contract between the Town and Tarrant County. Upon Town Council approval of the Interlocal Agreement with Tarrant County, a copy of that agreement shall be incorporated herein by reference as Exhibit “B”; and WHEREAS, Section 85.004 of the Texas Election Code provides that an election order and the election notice must state the location of each early voting polling place; and, WHEREAS, the Town's first Home Rule Charter was adopted by the residents of Trophy Club at an election held on Tuesday, November 3, 2004 (hereinafter "Charter") and was subsequently amended at an election held in May 2009 and May 2013; and WHEREAS, pursuant to Section 9.001 of the Texas Local Government Code and Article 11, Section 5 of the Texas Constitution, the Town is authorized to amend a municipal Charter; and WHEREAS, Council has determined it appropriate to submit two (2) proposed amendments initiated by Council, which were considered by Council at two open public meetings, to the qualified voters at the November 3, 2015 election (hereinafter “Proposed Amendments”), that date being more than two years after the adoption and/or amendment of the Town's Charter and a date is later than the 30th day after the adopting of this Ordinance; and WHEREAS, the Town Council finds that each proposition contained in the Proposed Amendments covers one subject and that the ballot language provided is prepared to fairly and clearly apprise the voters of the nature of the Proposed Amendments; and WHEREAS, the Town Council finds that upon the canvassing of the returns of the November 3, 2015 election, those propositions that are approved by a majority of the voters in accordance with state law, the Town’s Home Rule Charter, this Ordinance and election order, shall be enacted as part of the Town’s Home Rule Charter and such Charter provisions shall be enacted as set forth in this Ordinance; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: ORD 2015-17 Page 2 of 11 Town Council Page 263 of 314 Meeting Date: August 11, 2015 SECTION 1 INCORPORATION OF PREMISES All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. All resident, qualified voters of the Town shall be eligible to vote at the Election. SECTION 2 DATE OF ELECTION It is hereby ordered that a Special Election (collectively the "Election") shall be held in and throughout the Town of Trophy Club on Tuesday, November 3, 2015 using a combined ballot. SECTION 3 PURPOSE OF ELECTION The purpose for the Joint Special Election is to hold an election on Measures, to wit: two (2) amendments to the Town's Home Rule Charter, adopted in 2004 as amended in 2009 and 2013, amendments having been initiated by the Town Council for the Town of Trophy Club. Voters shall be permitted to vote "For" or "Against" each of the Proposed Amendments. SECTION 4 BALLOT LANGUAGE ON MEASURES The official ballots for the Special Election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote “FOR” or “AGAINST” each proposition, as required for an election on a measure, with the ballots to contain such provisions, markings and language as required by law, and with such propositions to be expressed substantially as follows: 4.01. PROPOSITION NO. 2: TERM LIMITS: AN AMENDMENT TO REPEAL SECTION 3.22 “TERM LIMITS” IN ITS ENTIRETY IN ORDER TO REMOVE THE CHARTER PROVISION THAT RESTRICTS A PERSON FROM HOLDING OFFICE AS MAYOR OR AS A COUNCILMEMBER FOR SUCCESSIVE FULL TERMS TOTALING MORE THAN SIX (6) YEARS. [ ] FOR [ ] AGAINST If this Proposition is approved by the majority of voters voting on this Proposition at the Election, Article III, Section 3.02 “Term Limits” of the Town Charter shall be ORD 2015-17 Page 3 of 11 Town Council Page 264 of 314 Meeting Date: August 11, 2015 repealed in its entirety and the provision below will be removed from the Town’s 2013 Amended Home Rule Charter. 3.22 Term Limits No person shall serve as Mayor for successive elected full terms totaling more than six years, and no person shall serve as Councilmember for successive elected full terms totaling more than six years. A term of office shall be defined as an elected period of two (2) years or an elected period of three (3) years. A portion of a term does not count as a term of office for purposes of a limit. Term limits shall apply to the May of 2010 election and all subsequent elections. Election terms previously served or being served at the May of 2010 election are not counted in the application of term limits. 4.02. PROPOSITION NO. 3: BUDGET, FINANCE AND TAXATION-SUBMISSION; AN AMENDMENT TO SECTION 9.02 “SUBMISSION” REPEALING THE LANGUAGE REQUIRING THAT THE TOWN MANAGER SUBMIT A PROPOSED BUDGET AND MESSAGE TO TOWN COUNCIL BEFORE AUGUST 1 OF EACH YEAR AND ADOPTING LANGUAGE REQUIRING THE SUBMISSION OF THE BUDGET AND MESSAGE EACH YEAR IN ACCORDANCE WITH STATE LAW REQUIREMENTS. [ ] FOR [ ] AGAINST If this Proposition is approved by the majority of voters voting on this Proposition at the Election, the first paragraph of Article IX, Section 9.02 “Submission” of the Town Charter shall be amended in accordance with the language as set forth below (revisions being voted upon noted with additions in bold and deletions with strike through) and all paragraphs and sections not specifically amended shall remain in effect as set forth in the Town’s 2013 Amended Home Rule Charter: 9.02 Submission The Town Manager shall submit to the Council a proposed budget and accompanying message before the first day of August of each year in accordance with the requirements of State law. SECTION 5 VOTING PRECINCTS The voting precincts for the Election are designated by their respective county precinct numbers. The proposed times and locations of early voting for Denton County and Tarrant County are set forth in Exhibit “C”, a copy of which is attached hereto and incorporated herein. Exhibit “C” shall be amended to include the final schedule of times and locations of early voting for both Town of Trophy Club Denton and Tarrant ORD 2015-17 Page 4 of 11 Town Council Page 265 of 314 Meeting Date: August 11, 2015 County residents upon announcement by the Denton County Elections Administrator and/or the Tarrant County Elections Administrator. Notwithstanding the foregoing, the early voting times and locations set forth in Exhibit “C” may be changed without further action of the Town Council if so directed by the Elections Administrator for Denton County or the Elections Administrator for Tarrant County. In addition to the early voting polling locations within the Town, all Denton County Trophy Club voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Tarrant County Trophy Club voters may only vote at all early voting polling locations as designated and maintained by Tarrant County throughout the County. The Denton and Tarrant County Elections Administrators are hereby authorized and directed to make such changes in polling locations as may be necessary for the proper conduct of the Election. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on Election Day. SECTION 6 ELECTIONS ADMINISTRATION 6.1 Denton County. The Denton County Elections Administrator, Lannie Noble, is hereby appointed as Denton County Early Voting Clerk for the Election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, 701 Kimberly Drive, Suite A101, Denton, Texas 76208. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit “C” hereto. The main early voting polling place is hereby designated to be 701 Kimberly Drive, Suite A101, Denton, Texas 76208. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit “C” hereto; such locations may be changed or additional early voting locations may be added by the Denton County and/or Tarrant County Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. 6.2 Tarrant County. The Tarrant County Elections Administrator, Frank Phillips, is hereby appointed as Tarrant County Early Voting Clerk for the election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, PO Box 961011, Fort Worth, Texas 76161-0011. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in ORD 2015-17 Page 5 of 11 Town Council Page 266 of 314 Meeting Date: August 11, 2015 accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit “C” hereto. The main early voting polling place is hereby designated to be Tarrant County Election Center, 2700 Premier Street, Fort Worth, Texas 76111. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit “C” hereto; such locations may be changed or additional early voting locations may be added by the Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. SECTION 7 COMPENSATION Compensation for election judges and alternate judges for their service in the Election shall be determined by the Denton County Elections Administrator and the Tarrant County Elections Administrator respectively. E-slate, a Direct Record Electronic (DRE) System shall be used for early voting by personal appearance and in the November 3, 2015 election at Denton County and Tarrant County Polling Sites. Paper ballots, which are optically scanned, shall be used for early voting by mail. In the November 3, 2015 election, the Denton County and the Tarrant County Elections Administrators shall cause ballots to be prepared in the form of the ballot first above prescribed, being in both English and Spanish, and shall furnish election officials such ballots, in such form, together with any other forms or blanks, in accordance with the Charter of the Town of Trophy Club, the Constitution and laws of the State of Texas and the Voting Rights Act of 1965, and any amendments thereto, insofar as same are applicable. SECTION 8 EARLY VOTING In addition to the main early voting polling location, Town of Trophy Club voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County and Tarrant County throughout the County, such locations as listed in Exhibit “C” attached hereto, as may be modified and updated by each Elections Administrator. SECTION 9 ELECTION MATERIALS The election materials enumerated in the Code shall be printed in both English and Spanish for use at the polling places and for early voting for the Election and provisions shall be made for oral assistance to Spanish-speaking voters. SECTION 10 ELECTION RETURNS The election officers shall make returns for the Election in the manner required by law, and the ballots that are properly marked in conformance with the provisions of the Code ORD 2015-17 Page 6 of 11 Town Council Page 267 of 314 Meeting Date: August 11, 2015 for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. SECTION 11 NOTICE OF ELECTION PUBLICATION Notice of the Election shall be given by posting a notice containing a substantial copy of this Ordinance in both English and Spanish at the Town Hall on the bulletin board used for posting notices of the meetings of the Town Council and by publication of said notice one time in a newspaper of general circulation published within the Town, the date of the publication to be not less than ten (10) days nor more than thirty (30) days prior to the date set for the Election. SECTION 12 CANVASS OF ELECTION Pursuant to Section 67.003 of the Texas Election Code, the Town Council will canvass the election not earlier than November 11, 2015 and not later than November 16, 2015. Notice of the time and place for canvass shall be posted on the official bulletin board in the same manner as required by the Open Meeting Act for other Town Council meetings in accordance with the Chapter 551 of the Local Government Code. SECTION 13 VOTING RIGHTS ACT The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code and the Federal Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein. SECTION 14 SEVERABILITY It is hereby declared to be the intent of the Town Council of the Town of Trophy Club that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the Town Council without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. ORD 2015-17 Page 7 of 11 Town Council Page 268 of 314 Meeting Date: August 11, 2015 SECTION 15 ELECTION CONTRACTS The Town Manager or the Town Manager’s designee is authorized to amend or supplement any and all contracts for the administration of the November 3, 2015 Election to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Denton County and/or Tarrant County Elections Administrator. Upon approval by the Town Council, a joint election agreement between the Town and the Denton County Elections Department shall be incorporated herein by reference as Exhibit “A”. Upon approval by the Town Council, a joint election agreement between the Town and the Tarrant County Elections Department shall be incorporated herein by reference as Exhibit “B”. SECTION 16 ENGROSSMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter. SECTION 17 EFFECTIVE DATE This Ordinance shall take effect immediately upon adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 11th day of August, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Holly Fimbres, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas ORD 2015-17 Page 8 of 11 Town Council Page 269 of 314 Meeting Date: August 11, 2015 EXHIBIT A JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY Incorporated By Reference ORD 2015-17 Page 9 of 11 Town Council Page 270 of 314 Meeting Date: August 11, 2015 EXHIBIT B JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TARRANT COUNTY Incorporated By Reference ORD 2015-17 Page 10 of 11 Town Council Page 271 of 314 Meeting Date: August 11, 2015 EXHIBIT C In addition to the early voting polling location located within the Town, Trophy Club Denton County voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Trophy Club Tarrant County voters may only vote at the early voting polling locations as designated and maintained by Tarrant County throughout the County. The Order of Election will be amended at a later date to include early voting sites added due to joint elections with other political subdivisions. NOTICE FOR EARLY VOTING Denton County Early voting by personal appearance will be conducted at: 100 Municipal Drive on the following: Monday, October 19 Tuesday, October 20 Wednesday, October 21 Thursday, October 22 Friday, October 23 Saturday, October 24 Monday, October 26 Tuesday, October 27 Wednesday, October 28 Thursday, October 29 Friday, October 30 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 7:00 a.m. – 7:00 p.m. 7:00 a.m. – 7:00 p.m. Tarrant County Early voting by personal appearance will be conducted at: Locations designated by Tarrant County: Monday, October 19 Tuesday, October 20 Wednesday, October 21 Thursday, October 22 Friday, October 23 Saturday, October 24 Sunday, October 25 Monday, October 26 Tuesday, October 27 Wednesday, October 28 Thursday, October 29 Friday, October 30 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 7:00 a.m. – 7:00 p.m. 11:00 a.m. – 4:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 7:00 a.m. – 7:00 p.m. 7:00 a.m. – 7:00 p.m. ORD 2015-17 Page 11 of 11 Town Council Page 272 of 314 Meeting Date: August 11, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0507-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/2/2015 Town Council On agenda:Final action:8/11/2015 Title:Consider and take appropriate action regarding an Ordinance of the Town approving a Conditional Use Permit for a Wastewater Treatment Plant Facility located on an approximate 10.58 acre tract in the Mary Medlin Survey, Abstract 832, and zoned Government Use (gu); providing conditions applicable to the use; providing a penalty not to exceed $2000 for each violation; and providing an effective date. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance of the Town approving a Conditional Use Permit for a Wastewater Treatment Plant Facility located on an approximate 10.58 acre tract in the Mary Medlin Survey, Abstract 832, and zoned Government Use (GU); providing conditions applicable to the use; providing a penalty not to exceed $2000 for each violation; and providing an effective date. Town Council Page 273 of 314 Meeting Date: August 11, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0520-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/3/2015 Town Council On agenda:Final action:8/11/2015 Title:Consider and take appropriate action regarding a Preliminary Plat of Trophy Club Municipal Utility District Wastewater Treatment Facility, Trophy Club, Texas, including consideration and action on related waivers to the Town’s Subdivision Regulations as requested by the applicant. Attachments:Staff Report - MUD Preliminary Plat.pdf Exhibit A - Preliminary Plat.pdf Exhibit B - Description of Waiver Requests.pdf Exhibit C - Location Map.pdf Exhibit D - USACE Letter dated December 3, 2014.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Preliminary Plat of Trophy Club Municipal Utility District Wastewater Treatment Facility, Trophy Club, Texas, including consideration and action on related waivers to the Town’s Subdivision Regulations as requested by the applicant. Town Council Page 274 of 314 Meeting Date: August 11, 2015 To: Mayor and Town Council From: Ron Ruthven, Town Planner CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Case #PP-15-028 Town Council Meeting, Tuesday, August 11, 2015 Agenda Item: Consider and take appropriate action regarding a Preliminary Plat of Trophy Club Municipal Utility District Wastewater Treatment Facility, Trophy Club, Texas, including consideration and action on related waivers to the Town’s Subdivision Regulations as requested by the applicant. REQUEST: The Trophy Club Municipal Utility District (MUD) is requesting a preliminary plat of 10.58 acres owned by the MUD in order to expand the existing wastewater treatment plant located off of Junction Way west of Indian Creek Drive. The plant was constructed approximately 40 years ago and was expanded ten years later, all of which was completed prior to the incorporation of the Town in 1985. Therefore, the plant has essentially been operating as a legal-non conforming use since the Town of Trophy has been in existence. CURRENT CONDITIONS AND ZONING: The subject property contains 10.58 acres and is not platted. In terms of zoning, the southern 6.589 acres is zoned GU-Government Use district and the northern 3.991 acres is zoned CR- Commercial Recreation district. Utility facilities are only permitted within the GU district with the approval of a CUP. The preliminary plat includes all property (10.58 acres) owned by the MUD PLATTING PROCEDURE Approval of a preliminary and final plat is required for the subject property given that it is not platted. According to Chapter 12-Subdivision Rules and Regulations in the Code of Ordinances, preliminary plats and final plats must be considered separately. Therefore, the final plat will follow on a separate agenda. If the Planning & Zoning Commission approves the plat it will then be forwarded to the Town Council for final approval. If the Planning & Zoning Commission denies the preliminary plat the process is then completed, the preliminary plat does not go to the Town Council for Page 1 of 3 Town Council Page 275 of 314 Meeting Date: August 11, 2015 consideration and the applicant must submit a new preliminary plat application and fee in order for the plat to be considered again. RIGHT-OF-WAY DEDICATION, ROADWAY CONSTRUCTION REQUIREMENTS Chapter 12-Subdivision Rules and Regulations in the Code of Ordinances requires that all lots must have frontage along a public street. The subject property currently derives sole access from a 30 foot wide road easement at the front of the property that links to Junction Way. Therefore, as part of the platting process, the applicant is required to dedicate sufficient right- of-way (ROW) in order to accommodate construction of the required public street. In the case of the subject property, the ROW dedication requirement is based on a scenario where Junction Way is extended to the west along the subject property. Junction Way contains 50 feet of ROW. Since any extension of Junction Way would run along the southern portion of the subject property, under State law, the applicant (developer) is only required to dedicate (and construct) their half of the road. Therefore, the applicant must dedicate 25 feet of ROW and construct one-half (13.5 of pavement width) of the roadway. The following diagram shows the required cross-section for a 50 foot street as shown in the Code of Ordinances: In terms of future roadway construction requirements, the Master Thoroughfare Plan contained within the 1997 Comprehensive Land Use Plan shows Indian Creek Drive and Trophy Club Drive connecting. This connection is also shown on the latest version of the North Central Texas Council of Governments (NCTCOG) Regional Mobility Plan. However, when the adjacent development to the east where Indian Creek Drive terminates, PD 31-Canterbury Hills, was approved, it did not account for a connection between the two roads. The US Army Corps of Engineers provided a letter dated December 3, 2014 stating that a loop road connection would only be allowed heading immediately west along Junction Way, and not to the north of the wastewater treatment plant. Therefore, the only option remaining for a connection involves an extension of Junction Way. The attached plat does not indicate the required ROW dedication as the applicant is requesting a waiver to this requirement as detailed below. WAIVER REQUESTS Per Exhibit B, the applicant is requesting a waiver to the ROW dedication and roadway construction requirement described above along with other waivers that are not pertinent to Page 2 of 3 Town Council Page 276 of 314 Meeting Date: August 11, 2015 the platting process. The applicant mentions security concerns, building encroachments and site constraints as reasons for the waiver request. The Planning and Zoning Commission has the authority to recommend approval of the plat with the waivers, which would then be forwarded to the Town Council for final approval. Upon submittal of the final plat, the waivers would then be approved consistent with the preliminary plat and with the final plat, including the waivers, filed with the Denton County Clerk. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission considered this item on August 6, 2015 after the Council packet was sent. Staff will provide an update to the Council concerning the Commission’s action prior to the start of the August 11, 2015 meeting. STAFF REVIEW AND RECOMMENDATION: Given the expansion to the plant and its status as a non-conforming legal use, the property must be platted. The plant was initially constructed prior to being annexed into the Town. As part of the requirements for platting, ROW dedication and roadway construction are required along the southern portion of the property. The applicant is requesting a waiver to these requirements. While many of the points made by the applicant in considering the waiver request are rational, as is standard with any plat waiver request, staff must recommend denial given the technical non-compliance with the subdivision regulations. Staff recommends denial of the plat due to technical non-compliance with Chapter 12- Subdivision Rules and Regulations in the Code of Ordinances. Attachments: Exhibit “A” – Preliminary Plat Exhibit Exhibit “B” – Description of Waiver Requests Exhibit “C” – Location Map Exhibit “D” – USACE Letter dated December 3, 2014 Page 3 of 3 Town Council Page 277 of 314 Meeting Date: August 11, 2015 Ex h i b i t A To w n Co u n c i l Pa g e 27 8 of 31 4 Meeting Date: August 11, 2015 E x h i b i t B T o w n C o u n c i l P a g e 2 7 9 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 E x h i b i t B T o w n C o u n c i l P a g e 2 8 0 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 Su b j e c t P r o p e r t y Lo c a t i o n M a p Ex h i b i t C To w n Co u n c i l Pa g e 28 1 of 31 4 Meeting Date: August 11, 2015 T o w n C o u n c i l P a g e 2 8 2 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 T o w n C o u n c i l P a g e 2 8 3 o f 3 1 4 M e e t i n g D a t e : A u g u s t 1 1 , 2 0 1 5 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0513-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/2/2015 Town Council On agenda:Final action:8/11/2015 Title:Consider and take appropriate action regarding an Ordinance of the Town amending Article II, entitled “Traffic And Vehicles” of Chapter 10, entitled “Public Safety”, Section 2.03, “Traffic Control Devices”, of the Code of Ordinances, by adding Subsection C(2)(a)(iii) restricting U-Turns along Parkview Drive between Park Lane and the entrance to the Trophy Club Community Pool parking lot during posted school hours, and by amending Section 2.05, entitled “Parking”, Subsection B(1)(g) and B(1)(h) to designate no parking zones on the east and west sides of Parkview Drive at designated locations and school times; providing a penalty not to exceed $500 for each violation; and providing an effective date. Attachments:Staff Report - Parking on Parkview and U-turn.pdf ORD 2015-18 Amending Parking on Parkview.pdf Parkview Parking Exhibit.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance of the Town amending Article II, entitled “Traffic And Vehicles” of Chapter 10, entitled “Public Safety”, Section 2.03, “Traffic Control Devices”, of the Code of Ordinances, by adding Subsection C(2)(a)(iii) restricting U-Turns along Parkview Drive between Park Lane and the entrance to the Trophy Club Community Pool parking lot during posted school hours, and by amending Section 2.05, entitled “Parking”, Subsection B(1)(g) and B(1)(h) to designate no parking zones on the east and west sides of Parkview Drive at designated locations and school times; providing a penalty not to exceed $500 for each violation; and providing an effective date. Town Council Page 284 of 314 Meeting Date: August 11, 2015 To: Mayor and Town Council From: Patrick Arata, Police Chief CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Street Parking Ordinance Amendment to allow for School Hour Parking on Parkview Drive from Durango Drive North to Park Lane, and restrict U-Turns. Agenda Item: Consider and take appropriate action regarding an Ordinance of the Town amending Article II, entitled “Traffic And Vehicles” of Chapter 10, entitled “Public Safety”, Section 2.03, “Traffic Control Devices”, of the Code of Ordinances, by adding Subsection C(2)(a)(iii) restricting U-Turns along Parkview Drive between Park Lane and the entrance to the Trophy Club Community Pool parking lot during posted school hours, and by amending Section 2.05, entitled “Parking”, Subsection B(1)(g) and B(1)(h) to designate no parking zones on the east and west sides of Parkview Drive at designated locations and school times; providing a penalty not to exceed $500 for each violation; and providing an effective date. Explanation: The Trophy Club Police Department has received numerous inquiries from residents regarding the school hour parking on Park Lane, blocking both sides of the street. This is viewed as a safety hazard due to limited vision for vehicles traveling on Park Lane, and individuals walking across the street. Currently, The Town of Trophy Club Code of Ordinances does not restrict parking during school hours on Park Lane but does on Parkview Drive, from Durango Drive to Bobcat Boulevard. This change would allow parking on Parkview Drive thus ending parking on Park Lane. The Police Department along with the Town PIO and Norhtwest ISD will conduct a media posting regading the change. Chapter 10, Entitled “Public Safety,” Section 2.03 Traffic Control Devices currently reads: C. U-Turns 1. Prohibited a. It shall be unlawful for the driver of any vehicle to turn such vehicle so as to proceed in the opposite direction or to make a one hundred eighty (180) degree turn (U-Turn) on any street posted by the Town with a sign or signs indicating that such a movement is prohibited. U-Turns shall be permitted at locations where no sign or state law prohibits such turn. Page 1 of 3 Town Council Page 285 of 314 Meeting Date: August 11, 2015 b. It shall be unlawful for the driver of any vehicle to make a U-Turn unsafely, or by backing or when such turn causes interference with other traffic. 2. Location a. U-Turn signs shall be erected at the following locations and such locations are hereby designated as prohibited U-Turn locations. The prohibited locations of U- Turns shall be as follows: i. The south end of the median abutting the State Highway 114 service road and west of 353 Trophy Lake Drive. This prohibition applies only to traffic north bound. ii. The south end of the median of Trophy Club Drive abutting the State Highway 114 service road and west of 99 Trophy Club Drive. This prohibition applies only to traffic north bound. The proposed amendment is as follows: Chapter 10, Entitled “Public Safety,” Section 2.03 Traffic Control Devices C. U-Turns 1. Prohibited a. It shall be unlawful for the driver of any vehicle to turn such vehicle so as to proceed in the opposite direction or to make a one hundred eighty (180) degree turn (U-Turn) on any street posted by the Town with a sign or signs indicating that such a movement is prohibited. U-Turns shall be permitted at locations where no sign or state law prohibits such turn. b. It shall be unlawful for the driver of any vehicle to make a U-Turn unsafely, or by backing or when such turn causes interference with other traffic. 2. Location a. U-Turn signs shall be erected at the following locations and such locations are hereby designated as prohibited U-Turn locations. The prohibited locations of U- Turns shall be as follows: i. The south end of the median abutting the State Highway 114 service road and west of 353 Trophy Lake Drive. This prohibition applies only to traffic north bound. ii. The south end of the median of Trophy Club Drive abutting the State Highway 114 service road and west of 99 Trophy Club Drive. This prohibition applies only to traffic north bound. Page 2 of 3 Town Council Page 286 of 314 Meeting Date: August 11, 2015 iii. Along Parkview Drive between Park Lane and the entrance to the Trophy Club Community Pool parking lot entrance. This prohibition applies only during posted school hours. Chapter 10, Entitled “Public Safety,” Section 2.05 Parking Currently Reads: B. Parking of Vehicles Prohibited 1. It shall be unlawful for any person to leave, park or stand a motor vehicle, mobile home, motor home, recreational vehicle, trailer or boat upon the following portions of the public streets located within the Town: g. Along the East and West Sides of Parkview Drive from Durango Drive to Bobcat Boulevard between the hours of 7:00 A.M. and 9:30 A.M. and between the hours of 2:30 P.M. and 3:30 P.M. on school days; h. Along the East and West sides of Parkview Drive from 500 Parkview Drive to Bobcat Boulevard between the hours of 7:00 a.m. and 9:03 a.m. and between the hours of 4:00 p.m. and 5:00 p.m. on school days. The proposed amendment is as follows: Chapter 10, Entitled “Public Safety,” Section 2.05 Parking B. Parking of Vehicles Prohibited 1. It shall be unlawful for any person to leave, park or stand a motor vehicle, mobile home, motor home, recreational vehicle, trailer or boat upon the following portions of the public streets located within the Town: g. Along the East and West Sides of Parkview Drive from Park Lane to Bobcat Boulevard between the hours of 7:00 A.M. and 9:30 A.M. and between the hours of 2:30 P.M. and 3:30 P.M. on school days; h. Along the East and West sides of Parkview Drive from 500 Parkview Drive to Bobcat Boulevard between the hours of 7:00 a.m. and 9:30 a.m. and between the hours of 4:00 p.m. and 5:00 p.m. on school days. Attachments: • Ordinance No. 2015-18 • Parkview Parking Exhibit Recommendation: Staff recommends Council approve the suggested amendment. Page 3 of 3 Town Council Page 287 of 314 Meeting Date: August 11, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-18 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ARTICLE II, ENTITLED “TRAFFIC AND VEHICLES” OF CHAPTER 10, ENTITLED “PUBLIC SAFETY”, SECTION 2.03, “TRAFFIC CONTROL DEVICES”, SUBSECTION C, PARAGRAPH 2(a) BY ADDING PARAGRAPH 2(a)(iii) RESTRICTING U-TURNS ALONG PARKVIEW DRIVE BETWEEN PARK LANE AND THE ENTRANCE TO THE TROPHY CLUB COMMUNITY POOL PARKING LOT DURING POSTED SCHOOL HOURS AND AMENDING ARTICLE II, ENTITLED “TRAFFIC AND VEHICLES” OF CHAPTER 10, ENTITLED “PUBLIC SAFETY”, SECTION 2.05, “PARKING”, SUBSECTION B, PARAGRAPH 1(g) AND PARAGRAPH 1(h) TO DESIGNATE NO PARKING ZONES ON THE EAST AND WEST SIDES OF PARKVIEW DRIVE BETWEEN PARK LANE AND BOBCAT BOULEVARD DURING DESIGNATED HOURS ON SCHOOL DAYS, OF THE CODE OF ORDINANCES OF THE TOWN; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE AUTHORIZING UPON CONVICTION, A FINE OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00), AS ALLOWED BY LAW, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality duly formed under the Constitution and the laws of the State of Texas; and WHEREAS, the regulation of traffic is essential to the furtherance of public health, safety and welfare; and WHEREAS, due to traffic patterns and differences in drop off and pick up times at different schools within the Town, Staff has identified the need to restrict U-turns along Parkview Drive between Park Lane and the entrance to the Trophy Club Community Pool parking lot entrance during posted school hours; and WHEREAS, in order to maintain adequate passage for emergency vehicles and to maximize traffic safety and visibility, Town staff has identified locations for which it is necessary to designate a NO PARKING zone; and WHEREAS, due to traffic patterns and differences in drop off and pick up times at different schools within the Town, Staff has identified the need to change the time Town Council Page 288 of 314 Meeting Date: August 11, 2015 frames for the parking prohibitions on Parkview Drive, between Park Lane and Bobcat Boulevard on school days; and WHEREAS, the Town Council determines that regulating parking in certain areas within the Town will increase visibility and further the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Article 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 modify Section 2.03, entitled “Traffic Control Devices”, Subsection C, Paragraph 2, entitled “Location” by adding Paragraph 2(a)(iii), so that Paragraph 2(a)(iii) shall be and read in its entirety as follows: 2. Location a. U-Turn signs shall be erected at the following locations and such locations are hereby designated as prohibited U-Turn locations. The prohibited locations of U-Turns shall be as follows: “iii. Along Parkview Drive between Park Lane and the entrance to the Trophy Club Community Pool parking lot entrance. This prohibition applies only during posted school hours.” 2.02 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 modify Section 2.05, entitled “Parking”, Subsection B, Paragraph 1(g) and Paragraph 1(h), so that Paragraph (1)(g) and (1)(h) shall be and read in their entirety as follows: B. Parking of Vehicles Prohibited 1. It shall be unlawful for any person to leave, park or stand a motor vehicle, mobile home, motor home, recreational vehicle, trailer or boat upon the following portions of the public streets located within the Town: ORD 2015-18 Page 2 of 4 Town Council Page 289 of 314 Meeting Date: August 11, 2015 “g. Along the East and West sides of Parkview Drive from Park Lane to 500 Parkview Drive between the hours of 7:00 a.m. and 9:30 a.m. and between the hours of 2:30 p.m. and 3:30 p.m. on school days; h. Along the East and West sides of Parkview Drive from 500 Parkview Drive to Bobcat Boulevard between the hours of 7:00 a.m. and 9:30 a.m. and between the hours of 4:00 p.m. and 5:00 p.m. on school days.” SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting the vehicle parking regulations and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5 ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. ORD 2015-18 Page 3 of 4 Town Council Page 290 of 314 Meeting Date: August 11, 2015 SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than 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. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 11th day of August, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORD 2015-18 Page 4 of 4 Town Council Page 291 of 314 Meeting Date: August 11, 2015 Town CouncilPage 292 of 314Meeting Date: August 11, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0514-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/2/2015 Town Council On agenda:Final action:8/11/2015 Title:Discuss and receive update regarding Fiscal Year 2016 Budget. Attachments: Action ByDate Action ResultVer. Discuss and receive update regarding Fiscal Year 2016 Budget. Town Council Page 293 of 314 Meeting Date: August 11, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0515-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/2/2015 Town Council On agenda:Final action:8/11/2015 Title:Consider and take appropriate action regarding a record vote on a not-to-exceed Fiscal Year 2016 Ad Valorem Tax Rate and to schedule two public hearings to meet Truth in Taxation requirements and/or as required by the Charter and related matters. Attachments:Staff Report - FY 16 Tax Rate Discussion.pdf Town of Trophy Club Tax Rate Calculations.pdf Notice of Proposed Tax Rate (Draft).pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a record vote on a not-to-exceed Fiscal Year 2016 Ad Valorem Tax Rate and to schedule two public hearings to meet Truth in Taxation requirements and/or as required by the Charter and related matters. Town Council Page 294 of 314 Meeting Date: August 11, 2015 To: Mayor and Town Council From: Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Fiscal Year 2016 Tax Rate Discussion Town Council Meeting, August 11, 2015 Agenda Item: Consider and take appropriate action regarding a record vote on a not -to-exceed Fiscal Year 2016 Ad Valorem Tax Rate and schedule two public hearings to meet Truth in Taxation requirements and/or as required by the Charter and related matters. Explanation: The proposed Fiscal Year 2016 budget includes an ad valorem tax rate of $0.484 per $100 of valuation. Of the $0.484/$100 tax rate $0.374/$100 is for maintenance and operations and $0.11/$100 is to service the Town’s debt requirements for the upcoming fiscal year. The effective tax rate for Fiscal Year 2016 is $0.462128/$100 and the rollback rate is $0.496987/$100. A proposed tax rate above the lower of the effective or rollback rates must be approved via a record vote and also triggers the requirement to hold two public hearings. Attachments: • Town of Trophy Club Tax Rate Calculations • Notice of Proposed Tax Rate (Draft) Recommendation: Staff recommends maintaining the proposed $0.484/$100 ad valorem tax rate and setting two public hearings for Tuesday, August 25th and Tuesday, September 8th. Town Council Page 295 of 314 Meeting Date: August 11, 2015 http://www.truth-in-taxation.com/PrintForms.aspx[8/4/2015 2:10:47 PM] 2015 Effective Tax Rate Worksheet TROPHY CLUB TOWN OF See pages 13 to 16 for an explanation of the effective tax rate. 1. 2014 total taxable value. Enter the amount of 2014 taxable value on the 2014 tax roll today. Include any adjustments since last year's certification; exclude Section 25.25(d) one-third over-appraisal corrections from these adjustments. This total includes the taxable value of homesteads with tax ceilings (will deduct in line 2) and the captured value for tax increment financing (will deduct taxes in line 14).$1,388,705,005 2. 2014 tax ceilings. Counties, Cities and Junior College Districts. Enter 2014 total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other units enter "0" If your taxing units adopted the tax ceiling provision in 2014 or prior year for homeowners age 65 or older or disabled, use this step.$162,994,030 3. Preliminary 2014 adjusted taxable value. Subtract line 2 from line 1.$1,225,710,975 4. 2014 total adopted tax rate. $0.490000/$100 5. 2014 taxable value lost because court appeals of ARB decisions reduced 2014 appraised value. A. Original 2014 ARB values:$29,952,510 B. 2014 values resulting from final court decisions:- $28,700,000 C. 2014 value loss. Subtract B from A. $1,252,510 6. 2014 taxable value, adjusted for court-ordered reductions. Add line 3 and line 5C.$1,226,963,485 7. 2014 taxable value of property in territory the unit deannexed after January 1, 2014. Enter the 2014 value of property in deannexed territory.$0 8. 2014 taxable value lost because property first qualified for an exemption in 2014. Note that lowering the amount or percentage of an existing exemption does not create a new exemption or reduce taxable value. If the taxing unit increased an original exemption, use the difference between the original exempted amount and the increased exempted amount. Do not include value lost due to freeport, "goods-in-transit" exemptions. A. Absolute exemptions. Use 2014 market value:$673 B. Partial exemptions. 2015 exemption amount or 2015 percentage exemption times 2014 value:+ $3,763,692 C. Value loss. Add A and B. $3,764,365 Town Council Page 296 of 314 Meeting Date: August 11, 2015 http://www.truth-in-taxation.com/PrintForms.aspx[8/4/2015 2:10:47 PM] 2015 Effective Tax Rate Worksheet (continued) TROPHY CLUB TOWN OF 9. 2014 taxable value lost because property first qualified for agricultural appraisal (1-d or 1-d-1), timber appraisal, recreational/scenic appraisal or public access airport special appraisal in 2015. Use only those properties that first qualified in 2015; do not use properties that qualified in 2014. A. 2014 market value:$0 B. 2015 productivity or special appraised value:- $0 C. Value loss. Subtract B from A. $0 10. Total adjustments for lost value. Add lines 7, 8C and 9C.$3,764,365 11. 2014 adjusted taxable value. Subtract line 10 from line 6.$1,223,199,120 12. Adjusted 2014 taxes. Multiply line 4 by line 11 and divide by $100.$5,993,675 13. Taxes refunded for years preceding tax year 2014. Enter the amount of taxes refunded during the last budget year for tax years preceding tax year 2014. Types of refunds include court decisions, Section 25.25(b) and (c) corrections and Section 31.11 payment errors. Do not include refunds for tax year 2014. This line applies only to tax years preceding tax year 2014.$746 14. Taxes in tax increment financing (TIF) for tax year 2014. Enter the amount of taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit. If the unit has no 2015 captured appraised value in Line 16D, enter "0."$3,630 15. Adjusted 2014 taxes with refunds. Add lines 12 and 13, subtract line 14.$5,990,791 16. Total 2015 taxable value on the 2015 certified appraisal roll today. This value includes only certified values and includes the total taxable value of homesteads with tax ceilings (will deduct in line 18). These homesteads includes homeowners age 65 or older or disabled. A.Certified values only:$1,567,902,582 B.Counties: Include railroad rolling stock values certified by the Comptroller's office:+ $0 Town Council Page 297 of 314 Meeting Date: August 11, 2015 http://www.truth-in-taxation.com/PrintForms.aspx[8/4/2015 2:10:47 PM] 2015 Effective Tax Rate Worksheet (continued) TROPHY CLUB TOWN OF 16. (cont.) C.Pollution control exemption: Deduct the value of property exempted for the current tax year for the first time as pollution control property (use this line based on attorney's advice):- $0 D.Tax increment financing: Deduct the 2015 captured appraised value of property taxable by a taxing unit in a tax increment financing zone for which the 2015 taxes will be deposited into the tax increment fund. Do not include any new property value that will be included in line 21 below.- $955,389 E.Total 2015 value. Add A and B, then subtract C and D. $1,566,947,193 17. Total value of properties under protest or not included on certified appraisal roll. A. 2015 taxable value of properties under protest. The chief appraiser certifies a list of properties still under ARB protest. The list shows the district's value and the taxpayer's claimed value, if any or an estimate of the value if the taxpayer wins. For each of the properties under protest, use the lowest of these values. Enter the total value.$10,826,423 B. 2015 value of properties not under protest or included on certified appraisal roll. The chief appraiser gives taxing units a list of those taxable properties that the chief appraiser knows about but are not included at appraisal roll certification. These properties also are not on the list of properties that are still under protest. On this list of properties, the chief appraiser includes the market value, appraised value and exemptions for the preceding year and a reasonable estimate of the market value, appraised value and exemptions for the current year. Use the lower market, appraised or taxable value (as appropriate). Enter the total value.+ $425,672 Town Council Page 298 of 314 Meeting Date: August 11, 2015 http://www.truth-in-taxation.com/PrintForms.aspx[8/4/2015 2:10:47 PM] 2015 Effective Tax Rate Worksheet (continued) TROPHY CLUB TOWN OF 17. (cont.) C.Total value under protest or not certified. Add A and B. $11,252,095 18. 2015 tax ceilings. Counties, cities and junior colleges enter 2015 total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other units enter "0." If your taxing units adopted the tax ceiling provision in 2014 or prior year for homeowners age 65 or older or disabled, use this step.$197,738,589 19. 2015 total taxable value. Add lines 16E and 17C. Subtract line 18.$1,380,460,699 20. Total 2015 taxable value of properties in territory annexed after January 1, 2008. Include both real and personal property. Enter the 2015 value of property in territory annexed.$1,434,611 21. Total 2015 taxable value of new improvements and new personal property located in new improvements. "New" means the item was not on the appraisal roll in 2014. An improvement is a building, structure, fixture or fence erected on or affixed to land. A transportable structure erected on its owner's land is also included unless it is held for sale or is there only temporarily. New additions to existing improvements may be included if the appraised value can be determined. New personal property in a new improvement must have been brought into the unit after January 1, 2014 and be located in a new improvement. New improvements do include property on which a tax abatement agreement has expired for 2015. New improvements do not include mineral interests produced for the first time, omitted property that is back assessed and increased appraisals on existing property.$82,678,727 22. Total adjustments to the 2015 taxable value. Add lines 20 and 21.$84,113,338 23. 2015 adjusted taxable value. Subtract line 22 from line 19.$1,296,347,361 24. 2015 effective tax rate. Divide line 15 by line 23 and multiply by $100.$0.462128/$100 25. COUNTIES ONLY. Add together the effective tax rates for each type of tax the county levies. The total is the 2015 county effective tax rate.$/$100 A county, city or hospital district that adopted the additional sales tax in November 2014 or in May 2015 must adjust its effective tax rate. The Additional Sales Tax Rate Worksheet on page 39 sets out this adjustment. Do not forget to complete the Additional Sales Tax Rate Worksheet if the taxing unit adopted the additional sales tax on these dates. Town Council Page 299 of 314 Meeting Date: August 11, 2015 http://www.truth-in-taxation.com/PrintForms.aspx[8/4/2015 2:10:47 PM] 2015 Rollback Tax Rate Worksheet TROPHY CLUB TOWN OF See pages 17 to 21 for an explanation of the rollback tax rate. 26. 2014 maintenance and operations (M&O) tax rate. $0.380000/$100 27. 2014 adjusted taxable value. Enter the amount from line 11. $1,223,199,120 28. 2014 M&O taxes. A. Multiply line 26 by line 27 and divide by $100.$4,648,156 B. Cities, counties and hospital districts with additional sales tax: Amount of additional sales tax collected and spent on M&O expenses in 2014. Enter amount from full year's sales tax revenue spent for M&O in 2014 fiscal year, if any. Other units, enter "0." Counties exclude any amount that was spent for economic development grants from the amount of sales tax spent.+ $0 C.Counties: Enter the amount for the state criminal justice mandate. If second or later year, the amount is for increased cost above last year's amount. Other units, enter "0."+ $0 D.Transferring function: If discontinuing all of a department, function or activity and transferring it to another unit by written contract, enter the amount spent by the unit discontinuing the function in the 12 months preceding the month of this calculation. If the unit did not operate this function for this 12-month period, use the amount spent in the last full fiscal year in which the unit operated the function. The unit discontinuing the function will subtract this amount in H below. The unit receiving the function will add this amount in H below. Other units, enter "0."+/- $0 Town Council Page 300 of 314 Meeting Date: August 11, 2015 http://www.truth-in-taxation.com/PrintForms.aspx[8/4/2015 2:10:47 PM] 2015 Rollback Tax Rate Worksheet (continued) TROPHY CLUB TOWN OF 28. (cont.) E. Taxes refunded for years preceding tax year 2014: Enter the amount of M&O taxes refunded during the last budget year for tax years preceding tax year 2014. Types of refunds include court decisions, Section 25.25(b) and (c) corrections and Section 31.11 payment errors. Do not include refunds for tax year 2014. This line applies only to tax years preceding tax year 2014.+ $576 F.Enhanced indigent health care expenditures: Enter the increased amount for the current year's enhanced indigent health care expenditures above the preceding tax year's enhanced indigent health care expenditures, less any state assistance.+ $0 G.Taxes in tax increment financing (TIF): Enter the amount of taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit. If the unit has no 2015 captured appraised value in Line 16D, enter "0."- $3,630 H.Adjusted M&O Taxes. Add A, B, C, E and F. For unit with D, subtract if discontinuing function and add if receiving function. Subtract G. $4,645,102 29. 2015 adjusted taxable value. Enter line 23 from the Effective Tax Rate Worksheet.$1,296,347,361 30. 2015 effective maintenance and operations rate. Divide line 28H by line 29 and multiply by $100.$0.358322/$100 31. 2015 rollback maintenance and operation rate. Multiply line 30 by 1.08. (See lines 49 to 52 for additional rate for pollution control expenses.$0.386987/$100 Town Council Page 301 of 314 Meeting Date: August 11, 2015 http://www.truth-in-taxation.com/PrintForms.aspx[8/4/2015 2:10:47 PM] 2015 Rollback Tax Rate Worksheet (continued) TROPHY CLUB TOWN OF 32. Total 2015 debt to be paid with property taxes and additional sales tax revenue. "Debt" means the interest and principal that will be paid on debts that: (1) are paid by property taxes, (2) are secured by property taxes, (3) are scheduled for payment over a period longer than one year and (4) are not classified in the unit's budget as M&O expenses. A:Debt also includes contractual payments to other taxing units that have incurred debts on behalf of this taxing unit, if those debts meet the four conditions above. Include only amounts that will be paid from property tax revenue. Do not include appraisal district budget payments. List the debt in Schedule B: Debt Service.$1,706,137 B: Subtract unencumbered fund amount used to reduce total debt.-$187,620 C: Subtract amount paid from other resources.-$0 D:Adjusted debt. Subtract B and C from A.$1,518,517 33. Certified 2014 excess debt collections. Enter the amount certified by the collector.$0 34. Adjusted 2015 debt. Subtract line 33 from line 32.$1,518,517 35. Certified 2015 anticipated collection rate. Enter the rate certified by the collector. If the rate is 100 percent or greater, enter 100 percent.100.000000% 36. 2015 debt adjusted for collections. Divide line 34 by line 35.$1,518,517 37. 2015 total taxable value. Enter the amount on line 19.$1,380,460,699 38. 2015 debt tax rate. Divide line 36 by line 37 and multiply by $100.$0.110000/$100 39. 2015 rollback tax rate. Add lines 31 and 38.$0.496987/$100 40. COUNTIES ONLY. Add together the rollback tax rates for each type of tax the county levies. The total is the 2015 county rollback tax rate.$/$100 A taxing unit that adopted the additional sales tax must complete the lines for the Additional Sales Tax Rate. A taxing unit seeking additional rollback protection for pollution control expenses completes the Additional Rollback Protection for Pollution Control. Town Council Page 302 of 314 Meeting Date: August 11, 2015 http://www.truth-in-taxation.com/PrintForms.aspx[8/4/2015 2:10:47 PM] 2015 Notice of Effective Tax Rate Worksheet for Calculation of Tax Increase/Decrease Entity Name: TROPHY CLUB TOWN OF Date: 08/04/2015 1.2014 taxable value, adjusted for court-ordered reductions. Enter line 6 of the Effective Tax Rate Worksheet.$1,226,963,485 2.2014 total tax rate. Enter line 4 of the Effective Tax Rate Worksheet.0.490000 3.Taxes refunded for years preceding tax year 2014. Enter line 13 of the Effective Tax Rate Worksheet.$746 4.Last year's levy. Multiply Line 1 times Line 2 and divide by 100. To the result, add Line 3.$6,012,867 5.2015 total taxable value. Enter Line 19 of the Effective Tax Rate Worksheet.$1,380,460,699 6.2015 effective tax rate. Enter line 24 of the Effective Tax Rate Worksheet or Line 47 of the Additional Sales Tax Rate Worksheet.0.462128 7.2015 taxes if a tax rate equal to the effective tax rate is adopted. Multiply Line 5 times Line 6 and divide by 100.$6,379,495 8.Last year's total levy. Sum of line 4 for all funds.$6,012,867 9.2015 total taxes if a tax rate equal to the effective tax rate is adopted. Sum of line 7 for all funds.$6,379,495 10.Tax Increase (Decrease). Subtract Line 8 from Line 9.$366,628 Town Council Page 303 of 314 Meeting Date: August 11, 2015 http://www.truth-in-taxation.com/PrintForms.aspx[8/4/2015 2:10:47 PM] TROPHY CLUB TOWN OF Tax Rate Recap for 2015 Tax Rates Description of Rate Tax Rate Per $100 Tax Levy This is calculated using the Total Adjusted Taxable Value (line 19) of the Effective Tax Rate Worksheet Additional Tax Levy Compared to last year's tax levy of 6,804,655 Additional Tax Levy Compared to effective tax rate levy of 6,379,495 Last Year's Tax Rate 0.490000 $6,764,257 $-40,397 $384,762 Effective Tax Rate 0.462128 $6,379,495 $-425,159 $0 Notice & Hearing Limit*0.462128 $6,379,495 $-425,159 $0 Rollback Tax Rate 0.496987 $6,860,710 $56,056 $481,215 Proposed Tax Rate 0.000000 $0 $-6,804,655 $-6,379,495 Effective Tax Rate Increase in Cents per $100 0.00 0.462128 6,379,495 -425,159 0 0.50 0.467128 6,448,518 -356,136 69,023 1.00 0.472128 6,517,541 -287,113 138,046 1.50 0.477128 6,586,565 -218,090 207,069 2.00 0.482128 6,655,588 -149,067 276,092 2.50 0.487128 6,724,611 -80,044 345,115 3.00 0.492128 6,793,634 -11,021 414,138 3.50 0.497128 6,862,657 58,002 483,161 4.00 0.502128 6,931,680 127,025 552,184 4.50 0.507128 7,000,703 196,048 621,207 5.00 0.512128 7,069,726 265,071 690,230 5.50 0.517128 7,138,749 334,094 759,253 6.00 0.522128 7,207,772 403,117 828,276 6.50 0.527128 7,276,795 472,140 897,299 7.00 0.532128 7,345,818 541,163 966,322 7.50 0.537128 7,414,841 610,186 1,035,346 8.00 0.542128 7,483,864 679,209 1,104,369 8.50 0.547128 7,552,887 748,232 1,173,392 9.00 0.552128 7,621,910 817,256 1,242,415 9.50 0.557128 7,690,933 886,279 1,311,438 10.00 0.562128 7,759,956 955,302 1,380,461 10.50 0.567128 7,828,979 1,024,325 1,449,484 11.00 0.572128 7,898,002 1,093,348 1,518,507 11.50 0.577128 7,967,025 1,162,371 1,587,530 12.00 0.582128 8,036,048 1,231,394 1,656,553 12.50 0.587128 8,105,071 1,300,417 1,725,576 13.00 0.592128 8,174,094 1,369,440 1,794,599 13.50 0.597128 8,243,117 1,438,463 1,863,622 14.00 0.602128 8,312,140 1,507,486 1,932,645 14.50 0.607128 8,381,163 1,576,509 2,001,668 *Notice & Hearing Limit Rate: This is the highest tax rate that may be adopted without notices and a public hearing. It is the lower of the rollback tax rate or the effective tax rate. School Districts: The school tax rate limit is $1.50 for M&O, plus $0.50 for 'New' debt plus a rate for 'Old' debt. 'Old' debt is debt authorized to be issued at an election held on or before April 1, 1991, and issued before September 1, 1992. All other debt is 'New' debt. Town Council Page 304 of 314 Meeting Date: August 11, 2015 http://www.truth-in-taxation.com/PrintForms.aspx[8/4/2015 2:10:47 PM] Tax Levy:This is calculated by taking the adjusted taxable value (line 19 of Effective Tax Rate Worksheet), multiplying by the appropriate rate, such as the Effective Tax Rate and dividing by 100. For School Districts: This is calculated by taking the adjusted taxable value (line 34 of the Rollback Tax Rate Worksheet), multiplying by the appropriate rate, dividing by 100 and then adding this year's frozen tax levy on homesteads of the elderly. Additional Levy Last Year: This is calculated by taking Last Year's taxable value (line 3 of Effective Tax Rate Worksheet), multiplying by Last Year's tax rate (line 4 of Effective Tax Rate Worksheet) and dividing by 100. For School Districts: This is calculated by taking Last Year's taxable value, subtracting Last Year's taxable value for the elderly, multiplying by Last Year's tax rate, dividing by 100 and adding Last Year's tax ceiling. Additional Levy This Year: This is calculated by taking the current adjusted taxable value, multiplying by the Effective Tax Rate and dividing by 100. For School Districts: This is calculated by taking the adjusted taxable value (line 34 of the Rollback Tax Rate Worksheet), multiplying by the Effective Tax Rate, dividing by 100 and adding This Year's tax ceiling. COUNTIES ONLY: All figures in this worksheet include ALL County Funds. Tax Levy amounts are the sum of each Fund's Taxable Value X each Fund's Tax Rate. Town Council Page 305 of 314 Meeting Date: August 11, 2015 http://www.truth-in-taxation.com/PrintForms.aspx[8/4/2015 2:10:47 PM] 2015 Property Tax Rates in TROPHY CLUB TOWN OF This notice concerns 2015 property tax rates for TROPHY CLUB TOWN OF. It presents information about three tax rates. Last year's tax rate is the actual rate the taxing unit used to determine property taxes last year. This year's effective tax rate would impose the same total taxes as last year if you compare properties taxed in both years. This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start tax rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property) with adjustments as required by state law. The rates are given per $100 of property value. Last year's tax rate: Last year's operating taxes $4,648,157 Last year's debt taxes $1,345,519 Last year's total taxes $5,993,676 Last year's tax base $1,223,199,120 Last year's total tax rate 0.490000/$100 This year's effective tax rate: Last year's adjusted taxes (after subtracting taxes on lost property)$5,990,791 ÷This year's adjusted tax base (after subtracting value of new property)$1,296,347,361 =This year's effective tax rate 0.462128/$100 This year's rollback tax rate: Last year's adjusted operating taxes (after subtracting taxes on lost property and adjusting for any transferred function, tax increment financing, state criminal justice mandate and/or enhanced indigent health care expenditures)$4,645,102 ÷This year's adjusted tax base $1,296,347,361 =This year's effective operating rate 0.358322/$100 ×1.08 = this year's maximum operating rate 0.386987/$100 +This year's debt rate 0.110000/$100 =This year's rollback rate 0.496987/$100 Town Council Page 306 of 314 Meeting Date: August 11, 2015 http://www.truth-in-taxation.com/PrintForms.aspx[8/4/2015 2:10:47 PM] Statement of Increase/Decrease If TROPHY CLUB TOWN OF adopts a 2015 tax rate equal to the effective tax rate of 0.462128 per $100 of value, taxes would increase compared to 2014 taxes by $ 366,628. Schedule A: Unencumbered Fund Balances: The following estimated balances will be left in the unit's property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation. Type of Property Tax Fund Balance General Fund 3,666,543 Tax Incremental Revenue District #1 Fund 8,766 Debt Service Fund 105,367 Schedule B: 2015 Debt Service: The unit plans to pay the following amounts for long-term debts that are secured by property taxes. These amounts will be paid from property tax revenues (or additional sales tax revenues, if applicable). Description of Debt Principal or Contract Payment to be Paid from Property Taxes Interest to be Paid from Property Taxes Other Amounts to be Paid Total Payment 2004 Combined Tax & Revenue C O 33,000 14,439 0 47,439 2007 G O Bonds 133,500 16,732 0 150,232 2010 G O Bonds 200,000 159,106 0 359,106 2010 G O Refunding Bonds 2010 175,000 43,275 0 218,275 2014 G O 100,000 72,888 0 172,888 2014 Tax Notes 300,000 1,335 0 301,335 2015 G O Refunding 311,500 41,574 0 353,074 2013 C O 70,000 33,788 0 103,788 Total required for 2015 debt service $1,706,137 - Amount (if any) paid from funds listed in Schedule A $187,620 - Amount (if any) paid from other resources $0 - Excess collections last year $0 = Total to be paid from taxes in 2015 $1,518,517 + Amount added in anticipation that the unit will collect only 100.000000% of its taxes in 2015 $0 = Total Debt Levy $1,518,517 --------------------------------------------------------------------------------------------------------------------------------------------------- This notice contains a summary of actual effective and rollback tax rates' calculations. You can inspect a copy of the full calculations at 1505 E. McKinney Street, Denton, TX 75209. Name of person preparing this notice: Michelle French Title: Denton County Tax Assessor/Collector Date prepared: July 27, 2015 Town Council Page 307 of 314 Meeting Date: August 11, 2015 PROPOSED TAX RATE PRECEDING YEAR'S TAX RATE EFFECTIVE TAX RATE ROLLBACK TAX RATE NOTICE OF 2015 TAX YEAR PROPOSED PROPERTY TAX RATE FOR TOWN OF TROPHY CLUB A tax rate of $0.484000 per $100 valuation has been proposed by the governing body of TOWN OF TROPHY CLUB . This rate exceeds the lower of the effective or rollback tax rate, and state law requires that two public hearings be held by the governing body before adopting the proposed tax rate. $0.484000 per $100 $0.490000 per $100 $0.462128 per $100 $0.496987 per $100 The effective tax rate is the total tax rate needed to raise the same amount of property tax revenue for TOWN OF TROPHY CLUB from the same properties in both the 2014 tax year and the 2015 tax year. The rollback tax rate is the highest tax rate that TOWN OF TROPHY CLUB may adopt before voters are entitled to petition for an election to limit the rate that may be approved to the rollback rate. YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS FOLLOWS: property tax amount = (rate) x (taxable value of your property) / 100 For assistance or detailed information about tax calculations, please contact: Michelle French Denton County Tax Assessor-Collector 1505 E. McKinney St Denton, TX 76209 940-349-3500 michelle.french@dentoncounty.com tax.dentoncounty.com You are urged to attend and express your views at the following public hearings on proposed tax rate: First Hearing: 08/25/2015 7:00 PM at Svore Municipal Building Boardroom 100 Municipal Dr Trophy Club,TX 76262 Second Hearing: 09/08/2015 7:00 PM at Svore Municipal Building Boardroom 100 Municipal Dr Trophy Club,TX 76262 Town Council Page 308 of 314 Meeting Date: August 11, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0518-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/2/2015 Town Council On agenda:Final action:8/11/2015 Title:Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *Trophy Club Park *Economic Development *Freedom Park Signage Attachments: Action ByDate Action ResultVer. Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *Trophy Club Park *Economic Development *Freedom Park Signage Town Council Page 309 of 314 Meeting Date: August 11, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0519-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/2/2015 Town Council On agenda:Final action:8/11/2015 Title:Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for August 25, 2015 meeting and discussion of Future Agenda Items. Attachments:August 25, 2015 Upcoming Agenda.pdf Items for Future Agendas updated 8-4-2015.pdf Action ByDate Action ResultVer. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for August 25, 2015 meeting and discussion of Future Agenda Items. Town Council Page 310 of 314 Meeting Date: August 11, 2015 Meeting Date 8/25/2015 JOINT MEETING WITH EDC 4B STAFF RPT RES ORD PROC File ID Dept Consider and take appropriate action regarding the Sale of EDC 4B Bonds.Finance Consider and take appropriate action regarding Second Reading of a Resolution approving and authorizing a project of the Trophy Club Economic Development Corporation to purchase land for authorized purposes.Finance Consider and take appropriate action regarding permanent waiver with the EDC 4B from the Pool Bond Defeasance.Finance Consent STAFF RPT RES ORD PROC File ID Dept Consider and take appropriate action regarding the Minutes dated July 28, 2015.Town Sec Consider and take appropriate action regarding an Agreement between the Town and Allied Waste for solid waste collection and recycling transportation and disposal services;and authorizing the Mayor or his designee to execute all necessary documents. Finance Consider and take appropriate action regarding an Agreement between the Town and Atmos Energy;and authorizing the Mayor or his designee to execute all necessary documents. Finance Regular Session STAFF RPT RES ORD PROC File ID Dept Consider and take appropriate action regarding the remaining Park Bond funds.Parks Consider and take appropriate action regarding a Proclamation of the Town Council declaring September 2015 as Blood Cancer Awareness Month in Trophy Club.Town Sec Receive public input regarding the Police and Town Hall facility; discussion of same.Town Sec Consider and take appropriate action regarding a Resolution repealing Resolution No.2014-40,appointing citizens to serve on the Crime Control and Prevention District Board (CCPD)and adopting a new resolution appointing citizens to fill vacancies on the CCPD Board, and reaffirming existing appointments,and providing an effective date. Town Sec Consider and take appropriate action regarding a Resolution nominating one (1) member to serve on the Board of Managers of the Denco Area 9-1-1 District;and providing an effective date. Town Sec Consider and take appropriate action regarding amending the Sign Ordinance.Town Mgr Consider and take appropriate action regarding revisions to the Handbook for Elected and Appointed Officials Town Sec Consider and take appropriate action regarding an Ordinance to amend Ordinance No. 2005-27, amending the number of places on the Parks and Recreation Board and allow Council to select the Parks and Recreation Chair, and changing from a three year term to two year term. Town Sec Consider and take appropriate action regarding a Non-Exclusive Use Agreement between the Town and KTCW for the Community Garden project.Parks Consider and take appropriate action regarding repealing Ordinance No. 2011-01, creating the Citizen Financial Avisory Board.Town Sec Town Council Liaison Updates; discussion of same: Town Sec Town Council Page 311 of 314 Meeting Date: August 11, 2015 Town Manager Seidel's update regarding the following; discussion and provide input regarding same.Town Mgr Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for September 8, 2015 meeting and discussion of Future Agenda Items, to include discussion of the below items from the Future Agenda list: Town Sec A) Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28 Agenda) (2-Feb 10) (3-May 12) (4-August 11) B) Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1-Nov 13) (2-Feb 24) (3-May 26) (4-August 11) C)Consider and take appropriate action regarding reviewing schedules of fees for outside baseball tournaments and capacity.(Lamont 12/9/2014) (1-March 10)(2- June 9) (3-August 25) D) Discussion of possible uses of hotel occupancy tax funds, including the ability to use the funds for Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1-July 14) E) Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders 4/28/2015) (1-July 28) F) Review of ordinance to allow golf carts but not including special vehicles. (Sanders 4/28/2015) (1-July 28) G) Review the overnight parking permit and review allowing an extended temporary permit. (Sanders 5/26/2015) (1-August 25) H) Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25) I) Town Staff research and present options for the Town to purchase the clock tower and the land around it. (Reed 5/26/2015) (1-August 25) Executive Session STAFF RPT RES ORD PROC File ID Dept Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: Town Sec Regular Session STAFF RPT RES ORD PROC File ID Dept Consider and take appropriate action regarding the Executive Session.Town Sec Town Council Page 312 of 314 Meeting Date: August 11, 2015 Town Council Future Agenda Items List (Updated 8/4/2015) 1. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28 Agenda) (2-Feb 10) (3-May 12) (4-August 11) 10/28/2014 – Council discussed and would like a plan brought back on a future agenda. 2/10/2015 – Mayor Sanders provided update including examples of Southlake signage. 5/12/2015 – No new update provided. 7/15/2015 – Will be placed on the August 25, 2015 agenda for an update. 2. Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1- Nov 13) (2-Feb 24) (3-May 26) (4-August 11) 2/24/2015 – Acting Town Manager Seidel provided update (waiting to fill vacant Planning position). 5/12/2015 – Mayor Sanders provided an update that this item will be discussed once the vacant Planning position is filled. 7/15/2015 – Will be placed on the August 25, 2015 agenda for an update. 3. Consider and take appropriate action regarding parking on Parkview and Park Lane, and options for Police Department mitigation. (Rowe 9/9/2014) (1-Jan 13) (2-April 14) (3-July 14) 2/10/2015 – Discussed and staff will work on school and traffic counts. 4/14/2015 – Received an update from Police Chief Arata proposing to let the current school year finish and then look at the option of removing the no parking restriction on Parkview from Park Lane south to Durango (currently working with the school). 7/14/2015 – Update provided that this item is scheduled to be placed for action on the August 11, 2015 agenda. 4. Consider and take appropriate action regarding reviewing schedules of fees for outside baseball tournaments and capacity. (Lamont 12/9/2014) (1-March 10) (2-June 9) (3-August 25) Note: Town Manager Seidel is meeting with Baseball President during the week of March 9th. 5/26/2015 – Council appointed an Organized Sports Council subcommittee to work with Town Staff and representatives of Sports Associations and other organized sports groups. 5. Discussion of possible uses of hotel occupancy tax funds, including the ability to use the funds for Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1-July 14) 7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda. 6. Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders 4/28/2015) (1-July 28) 7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda. 7. Review of ordinance to allow golf carts but not including special vehicles. (Sanders 4/28/2015) (1-July 28) 7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda. 8. Receive an update only regarding the Holiday Inn and have the owner and general contractor present in order to inform the citizens of their status. (Reed 4/28/15) (1-July 28) (2-October 13) Town Council Page 313 of 314 Meeting Date: August 11, 2015 7/14/2015 – Town Manager Seidel provided an update that Holiday Inn is making progress and that Town Staff has been meeting with their Structural Engineer. 9. Review the overnight parking permit and review allowing an extended temporary permit. (Sanders 5/26/2015) (1-August 25) 10. Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25) 11. Town Staff research and present options for the Town to purchase the clock tower and the land around it. (Reed 5/26/2015) (1-August 25) 12. Discuss authorizing the Mayor to issue a proclamation to lower flags to half staff at times of National tragedy when the current Administration choices to delay doing so. (Parrow 7/28/2015) (1-October 27) Town Council Page 314 of 314 Meeting Date: August 11, 2015