Agenda Packet TC 07/14/2015Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom6:00 PMTuesday, July 14, 2015
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.
1.2015-0433-T Consider and take appropriate action regarding the Minutes dated June 9, 2015.
Draft TC Minutes June 9, 2015.pdfAttachments:
2.2015-0434-T Consider and take appropriate action regarding the Consumer Confidence Report for
the PID.
2014 PID CCR_FINAL.pdfAttachments:
3.2015-0435-T Consider and take appropriate action regarding a Non-Exclusive Use Agreement
between the Town and TCR Youth Baseball Association.
Staff Report - Non-Exclusive Use Agreement with TCR Youth Baseball Association.pdf
Non-Exclusive Use Agreement with TCR Youth Baseball Association.pdf
Attachments:
Town Council Page 1 of 269 Meeting Date: July 14, 2015
July 14, 2015Town Council Meeting Agenda
4.2015-0444-T 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.
Staff Report - ILA for Installation of Illuminated Signs.pdf
ILA for Installation of Illuminated Signs.pdf
Attachments:
5.2015-0464-T 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.
2015 ILA for Ad Valorem Tax Collection between Denton County and the Town.pdfAttachments:
6.2015-0466-T 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.
2015 ILA for Public Improvement Assessment Collection between Denton County and TC PID No. 1 (Infrastruture Assessment).pdfAttachments:
7.2015-0467-T 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.
2015 ILA for Tax Collection between Denton County and TC PID No. 1 (Emergency Services Assessment).pdfAttachments:
REGULAR SESSION
8.2015-0445-T Receive an update from GSBS regarding the Police and Town Hall facility; discuss and
provide direction regarding update, facility, timeline and project schedule.
9.2015-0436-T 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.
10.2015-0442-T 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.
Staff Report - 2007 GO Bond Refunding.pdf
Bid Results.pdf
Savings Summary.pdf
ORD 2015-15.pdf
Attachments:
Town Council Page 2 of 269 Meeting Date: July 14, 2015
July 14, 2015Town Council Meeting Agenda
11.2015-0441-T 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.
CON 2013-01 ILA for Fire Department Personnel Services with TCMUD1 - PASSED 01072013.pdfAttachments:
12.2015-0437-T 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.
Rate Presentation Town 071415.pdfAttachments:
13.2015-0465-T 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.
Interlocal Agreement for School Resource Officer and K9 Services.pdf
Interlocal Agreement for School Resource Officer Absent Student Assistance Program.pdf
Attachments:
14.2015-0440-T Consider and take appropriate action regarding an Ordinance amending the Fiscal Year
2014-2015 Budget of the Town (Budget Amendment No. 2).
Staff Report - Budget Amendment No. 2 FY15.pdf
Ord 2015-14 Budget Amendment No 2.pdf
Attachments:
15.2015-0446-T Discuss and provide direction to Town Staff regarding the Interlocal Agreement for
Contractual Personnel Services with the Trophy Club Municipal Utility District No. 1.
CON 2013-02 ILA for Contractual Personnel Services with TCMUD1 - PASSED 01072013.pdfAttachments:
16.2015-0439-T 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.
Staff Report - Receive CCPD Budget FY 16.pdf
CCPD - Five Year Forecast.pdf
Attachments:
17.2015-0438-T Receive presentation and provide direction to Town Staff regarding FY16 General Fund
Expenditures and Supplemental Items; discussion of same.
General Fund Expenditures Presentation.pdfAttachments:
18.2015-0463-T 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.
Staff Report - Parks and Recreation Board Ordinance.pdf
ORD 2005-27.pdf
Attachments:
Town Council Page 3 of 269 Meeting Date: July 14, 2015
July 14, 2015Town Council Meeting Agenda
19.2015-0447-T 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.
2008 Interlocal Cooperation Agreement for Fire Protection Services.pdf
First Amendment 2008 Interlocal Cooperation Agreement for Fire Protection Services .pdf
Attachments:
EXECUTIVE SESSION
20.2015-0457-T 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 551.074(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
B. 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
RECONVENE INTO REGULAR SESSION
21.2015-0458-T Consider and take appropriate action regarding the Executive Session.
22.2015-0455-T Town Council Liaison Updates; discussion of same:
*Economic Development Corporation 4B, July 6, 2015
Council Liaison - Council Member Rhylan Rowe
23.2015-0448-T Town Manager Seidel's update regarding the following; discussion and provide input
regarding same.
*Lakeview Soccer
*July 4th Celebration
*Laserfiche
*Pebble Beach
*Holiday Inn
Town Council Page 4 of 269 Meeting Date: July 14, 2015
July 14, 2015Town Council Meeting Agenda
24.2015-0456-T 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:
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)
July 28, 2015 Upcoming Agenda.pdf
Items for Future Agendas updated 7-8-2015.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
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 July 9, 2015 by 7:00 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 269 Meeting Date: July 14, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0433-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:6/29/2015 Town Council
On agenda:Final action:7/14/2015
Title:Consider and take appropriate action regarding the Minutes dated June 9, 2015.
Attachments:Draft TC Minutes June 9, 2015.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the Minutes dated June 9, 2015.
Town Council Page 6 of 269 Meeting Date: July 14, 2015
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MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, June 9, 2015 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, June 9, 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
Garrett Reed Council Member, Place 2
Rhylan Rowe Council Member, Place 3
Tim Kurtz Council Member, Place 4
Philip Shoffner Council Member, Place 6
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
Danny Thomas Fire Chief
John Zagurski Strategic Services Coordinator
Mayor Sanders announced the date of Tuesday, June 9, 2015, called the Town Council to order and announced a
quorum at 7:02 p.m.
The Invocation was offered by Council Member Parrow.
The Pledges were led by Mayor Pro Tem Lamont.
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.
Veronica Ruangskul, 1 Greenhill Trail, representing Keep Trophy Club Wild (KTCW), began to speak regarding the
Community Garden project but was stopped by the Mayor so that she could speak under the appropriate agenda
item.
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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 May 12, 2015. (Town Secretary Note:
Approved as presented in the Town Council agenda packet.)
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Consent Agenda
Item 1.
Motion passed unanimously.
REGULAR SESSION
2. Consider and take appropriate action regarding the Community Garden project.
Mayor Sanders stated that there have been some citizens that have expressed concern regarding the Community
Garden project. He recommended that Council ask Town Staff any questions that they needed answered in order
to work through the issues; and refer this item to the Town Manager to meet with the concerned citizens and the
Parks and Recreation Board Liaison to bring conclusions to the issues. He advised that there was concern on who
would be in charge of the project and how it would be managed. He stated that Council has expressed concern
that there is no agreement in place and the project has continued to move forward.
Council Member Reed stated that a reason the original motion passed at the January 27, 2015, meeting was
because there was clearly a group that said they would take responsibility of the project.
Council Member Rowe recognized Girl Scout Troop 3909 for doing what they committed to do. He commented
that the Council needs to determine who is going to manage the project after they receive all the facts.
Council Member Parrow commented that the Council was willing to get the project started, and pointed out that it
was to be a volunteer based project. He stated that he was concerned that this will become a Town project and
the Town will be the responsible party.
Town Manager Seidel stated that there are some items that need to be addressed, particularly identifying the
entity to manage the project. He stated that he plans to meet with the Mayor, Parks and Recreation Board Liaison
Shoffner, Assistant Town Manager/CFO Glickman, and Parks and Recreation Director Adams, as well as the
concerned citizens and involved stakeholders to come up with some solutions for what is best for the community.
Ms. Ruangskul stated that subsequent to the January 27, 2015, meeting, there was supposed to be a Community
Garden Association to be formed in order to manage and sub-lease the garden spaces. Therefore, KTCW believed
that their involvement was unnecessary and that it was in the best interest for them to act in an advisory capacity
position to the Girl Scouts. It was KTCW’s understanding that the citizens who had envisioned this project would be
willing to establish a non-profit association that would operate the garden and enter into an agreement with the
Town, rather than KTCW. She stated that if it is the best interest of all the parties, then KTCW would be willing to
accept the role to be involved, even as a temporary solution until the association is formed. She added that the
agreement was not in place because they have had discussions since January but they decided to step down since
a Community Garden Association was to be formed.
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Discussion took place regarding remaining items to complete the project and items that have not been met, and
the mechanism, approved at the January 27, 2015 Council meeting, to have the item come back annually for
review.
Bonnie Seraphine, 9 Llano Drive, stated that the Community Garden Association came up because of their
experience moving forward with the project, and that the Association would be the one who would run the
garden. Part of the discussion, at the January 27, 2015 Council meeting, was that KTCW would utilize lead
gardeners to handle the day-to-day operations, and they saw the need for an entity to take on the day-to-day
tasks. She added that KTCW would remain involved because they will offer needed resources, and apologized if
the Council believed that the Association was already established.
Council Member Rowe stated that the Council’s impression, regardless of who handles the day-to-day functions,
was that KTCW would be responsible for the general management of the project.
Council Members Reed and Parrow commented that they do not want this to be a Town project.
Motion:
Motion made by Council Member Parrow, seconded by Council Member Reed, to refer this item to the Town
Manager to finalize an agreement with the appropriate organization(s) to satisfy the original motion of January 27,
2015, and to work with concerned and involved citizens to develop a solution to areas of concern, and bring this
item back to Council if no apparent solution is reached.
Council Member Rowe stated that he would like to give the Town Manager the ability to come up with a solution
but not to enter into an agreement with another party. He wanted to give the Town Manager the ability to
provide recommendations to the Council.
Council Member Kurtz commented that whoever signs the lease will be the responsible party for the project.
Mayor Sanders stated that his intent was that the item would be referred to Town Manager, and if KTCW is willing
to enter into an agreement, then the only item that would come back to the Council would be the agreement for
approval.
Town Manager Seidel stated that he currently has the following objectives: 1) To review what was required and
where they stand regarding the Council motion that was made on January 27, 2015, and seek guidance from
Council where needed; 2) To develop a meeting with the stakeholders and develop a schedule; 3) To develop who
is managing the garden and develop a lease agreement; 4) To develop guidelines for the garden operational rules;
5) To meet with the neighbors and keep them involved with the process; 6) To provide recommendations to
Council; and 7) Based upon feedback and recommendations from Council, either receive authorization to execute
a lease agreement with the appropriate entity or make an alternative decision.
Amended Motion:
Amended Motion made by Council Member Parrow, seconded by Council Member Reed, in order to incorporate
points raised by Council, to refer this item to the Town Manager to draft an agreement with appropriate
organization(s), to work with concerned and involved citizens to develop a solution to areas of concern, and bring
this item back to Council for final approval.
Ted Powell, 12 Reading Court, stated that he is probably the most concerned citizen because the garden is four
feet away from his fence. He would like to make sure that he is one of the citizens that the Town contacts so that
he is involved in the process.
Lori Hicks, 119 Creek Courts Drive, stated that Girl Scout Troop 3909 planned this project to earn their Silver
Award, and that they started planning the project about a year ago. She advised that there is little left to complete
the garden and that they are willing to alter the garden in hopes that some compromise can be found. She
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encouraged all who are involved in the process of negotiating to consider compromising so that this project can be
completed. Additionally, she encouraged the Council to allow them to put the dirt, which is currently in the
parking lot, into the garden beds in order to preserve it.
Naomi Hicks, Sydney Farrell, Madison Davis, Girl Scout Troop 3909, thanked the Council for their support of the
project and stated that they have put a lot of time and effort into this garden that will benefit the entire
community.
(Town Secretary Note: Randle Davis filled out a Speaker Request form but did not wish to speak after all the
discussion.)
Council Member Kurtz recognized the Girl Scouts for all their hard work.
Mr. Powell requested that the Council not allow the Girl Scouts to fill the boxes with dirt until the parties come to
an agreement.
Council Member Reed clarified that this project is on pause, based on the motion, until the item has been solved.
The vote was taken.
Motion passed unanimously.
3. Receive an update from GSBS regarding the Police and Town Hall facility; discussion of update, timeline and
project schedule.
Attachment A – Police Department and Town Hall Presentation
Tom Batenhorst, GSBS Principal, provided an update regarding the Police and Town Hall facility, which included:
Existing Aerial View; Existing Conditions of Access, Trees, Slope, and Sight lines; Site Plan Building Setbacks; Site
Plan Existing Tree Canopy; Site Plan Unused Land; and Site Plan.
Discussion took place regarding a retaining wall in the front of the facility and excavation in the rear of the facility.
Mr. Batenhorst continued his presentation, which included: Floor Plan; Elevations; Eastward and Westward Views;
and Concept Rendering and Material.
Council Member Rowe commented that the glass exterior walls will have predominately southwest exposure and
stated that the Council may want to consider other potential options.
Town Manager Seidel stated that a couple of things will change in terms of the layout, such as the location of the
Elected Official office, and that Town Staff is still working on those items.
Discussion took place regarding the appropriate number of seating for the dais, 15 seats, and proposed seating for
the audience, and the elevation change from the floor to the dais.
Council Member Parrow asked to study the possibility of placing a door from the dais to the Community room.
Mayor Sanders asked to have the Elected Official office door off the Public Lobby, as opposed to having it off the
Police Lobby. He suggested utilizing the front portion of the A.V. room for storage with door access on the side of
the room, within the Public Lobby. Additionally, he suggested having a reception area as soon as you walk into the
facility.
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Mr. Batenhorst stated that they will attempt to have the A.V. room door accessed within the Council Chambers,
and then have the back entry wall in the Public Lobby be a place to have the Town emblem, and have a desk for a
receptionist.
Discussion took place regarding the two ramps on each side of the dais and the possibility of eliminating the right
ramp if access was gained from a door into the Community room. Additional discussion took place regarding
eliminating the Janitorial space on the Town Hall side, and having an area for an outdoor patio off the Break Area.
Council Member Shoffner stated that he liked the exterior of the middle section, but the sides of the facility do not
reflect the same standard.
Council Member Rowe commented that he liked the general direction of the aesthetics of the facility and asked
the Council to be cognizant of the surrounding areas, which includes hotels.
Council Member Parrow stated that he liked the aesthetics of the Fire Department, the combination of brick and
stone, and asked to incorporate some more depth and character to the exterior of the facility.
Council Member Reed stated that he liked the general direction they are headed with the facility.
Mayor Pro Tem Lamont commented that he liked the stone and that he is not in favor of the roof style.
Council Member Kurtz commented that he cares about the function of the building and that the facility will be
there for the next 50 years.
Council Member Shoffner stated that he liked Mr. Batenhorst’s original vision with the different architectural
features, and that he liked the middle portion of the current proposed facility.
Mayor Sanders stated that he liked the pitched roof and does not want a flat roof. He added that he would like to
have some relief down the long walls, especially the one against Trophy Wood Drive. He suggested the possibility
of having the Elected Official office located within the Town Hall offices, based on his knowledge of other cities not
utilizing the office when it is located off the main lobby. Additionally, he suggested looking into having a small
serving area in the Council Chambers and the Police Training room for coffee and drinks.
Council Member Parrow requested that when designing the Council Chambers, to consider displaying the monitors
in a more easily viewable fashion for the citizens.
Mr. Batenhorst stated that he would come back and provide an update to the Council in two to four weeks.
No action was taken on this item.
4. Receive public input regarding the Police and Town Hall facility; discussion of same.
Richard Senelly, 35 Meadowbrook Lane, stated that he is speaking as a citizen and not a member of the Planning
and Zoning Commission. He suggested that the Council consider access for ingress and egress off of TW King to
provide the Town with the best opportunity of development in the future. He feels that the access to the Town
Hall is understated from Plaza Drive, and possibly rename it and designate it as the main point. He stated that it
appears that the Police access is convoluted because there is a fire lane that runs past secured parking and then
comes to a halt towards the back of the facility, and that there should be a plan in place for the space behind the
facility. He commented that the center of the facility has some nice features and that it would be nice to see those
features in the rest of the facility. He believed that there should be some flexibility regarding open office planning.
He commented that it appears that there are not many exits, and that he liked the suggestion of having a
reception area when people enter the facility.
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Council Member Reed asked Mr. Senelly for his opinion regarding an open concept verses a cubicle concept.
Mr. Senelly stated that there are a number of opportunities to address that and one is to have individual offices for
key employees with window access, and to have the other employees in the middle of the facility. Another option
would be to address when privacy is needed and when it is not, and when offices could be shared and having work
area stations. He stated that flexibility is the key of the future, and commented to possible use hip ends verses
gable ends for the roof.
Pearl Ford, 2 Spring Creek Court, thanked to the Council for making the decision to purchase the land and move
forward with the new facility. She stated that she is not favorable to the exterior of the facility, especially the end
that faces Trophy Wood Drive. She pointed out that there is adequate parking spaces in the future parking
portion, but that there does not seem to be adequate parking spaces in front of the facility. She added that she
does not care for the roof style, and that she is in favor of having a front receptionist area. She commented that
based on her own experience, the flexibility of not having permanent walls will save funds, and that the key
employees should have permanent walls. Additionally, she feels that there is not enough space by the dais in the
Council Chambers for when there are joint meetings.
Council Member Parrow suggested possibility having the center area of the dais, the same level as the floor in
order to have extra flexibility.
Discussion took place regarding secured parking and the addition of more parking spaces, and the possibility to
have a future yard or shop building to the east of the facility.
Mayor Sanders supported the idea of the driveway going back to TW King. Additionally, he suggested taking the
Council and Town Manager’s input, reproducing the plan of offices, and sending the revision to the Council
through email.
No action was taken on this item.
5. Consider and take appropriate action regarding authorizing Town Staff and Mark McLiney, with SAMCO
Capital Markets (the Town’s Financial Advisor), to pursue a bond refunding for interest rate savings and to
manage future bond capacity and other matters related thereto.
Town Manager Seidel stated that there is potential to refund the 2007 General Obligation Bonds to save interest
and secure debt capacity for future years. He added that the market has changed within the last few weeks and
interest rates are drifting up.
Mark McLiney, with SAMCO Capital Markets (the Town’s Financial Advisor), provided an update and stated that
they have the preliminary taxable values and can now proceed in the process of refunding the 2007 General
Obligation Bonds. The goal of the interest rate is to maintain $0.11 I&S tax rate, and have the annual debt service
obligations decline in 2017. He advised that they plan to receive bids on July 9, 2015, and have the Council
consider proceeding on July 14, 2015, if they can give the Town positive savings and manage the tax rate. He
added that there is another option of doing tax notes as an alternative if the rates are not where they need them
to be.
Motion:
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to authorize Town Staff and Mark
McLiney with SAMCO Capital Markets to pursue a bond refunding for interest rate savings and to manage future
bond capacity and other matters related thereto.
Motion passed unanimously.
RECESSED AT 9:31 P.M. FOR A BREAK
RECONVENED AT 9:40 P.M. INTO REGULAR SESSION
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6. Receive presentation regarding General Fund Revenues; discussion of same.
Assistant Town Manager/CFO Glickman introduced newly hired Controller Amber Karkauskas. He provided the
Fiscal Year 2016 General Fund Revenue presentation, which included: Property Tax Rate by Year; Property Tax
Revenue by Year; Property Tax Detail; Sales Tax Revenue by Year; Sales Tax Detail; Franchise Fees by Year;
Franchise Fee Detail; Licenses and Permits by Year; Licenses and Permits Detail; Intergovernmental Revenue by
Year; Charges for Service by Year; Fines and Fees by Year; Miscellaneous Revenue by Year; Investment Revenue by
Year; Revenue distributions for Fiscal Year 2016 Proposed; Revenue Total by Year; and Revenue Detail by Year.
Council Member Shoffner commented that they are taking a very conservative approach.
Town Manager Seidel stated that Town Staff does take a conservative approach and have become better at
forecasting.
Mayor Sanders congratulated Assistant Town Manager/CFO Glickman for passing his Certified Public Accountant
exam.
Controller Karkauskas commented that she was excited about her new position with the Town.
Town Manager stated that the General Fund Expenditures and Supplemental agenda item will be moved from the
June 23, 2015, Council agenda to the July 14, 2015, Council agenda.
No action was taken on this item.
7. Consider and take appropriate action to appoint the Mayor and two (2) Council Members to serve as the
Town Council Appointment Committee for Boards, Commissions, and Corporations; including discussion of
the application and interview process.
Motion:
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner, to appoint Mayor Sanders, and
Council Members Rowe and Kurtz to serve as the Town Council Appointment Committee for Boards, Commissions,
and Corporations.
Motion passed unanimously.
8. Receive the Mayor's State of the Town Address; discussion of same.
Attachment B - Mayor’s State of the Town Address
Mayor Sanders presented the Mayor’s State of the Town Address.
No action was taken on this item.
9. Consider and take appropriate action regarding a Resolution of the Town Council nominating one (1) person
to serve as a member of the Denco 9-1-1 District Board of Managers; and providing an effective date.
Attachment C – Resolution No. 2015-10
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Kurtz, to approve Resolution No. 2015-10,
nominating Sue Tejml to serve as a member of the Denco 9-1-1 District Board of Managers; and providing an
effective date.
Motion passed unanimously.
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10. Town Manager Seidel's update regarding the following; Council discussion and provide input regarding
same.
• Trophy Club Park
• Mosquito update
Town Manager Seidel updated the Council and addressed questions; no action taken, update only.
11. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular
Session Council Agenda for June 23, 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.
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 policy on equipment schedule for replacement
program. (Shoffner 8/26/2014) (1-Dec 9) (2-March 10) (3-June-9)
B) Consider and take appropriate action regarding reviewing schedule of fees for outside baseball
tournaments and capacity. (Lamont 12/9/2014) (1-March 10) (2-June-9)
Mayor Sanders asked to have the Fire/EMS committee provide an update to the Council at their July 14, 2015,
meeting.
Town Manager Seidel commented that his goal is to have an agenda item at the July 14, 2015 Council meeting
regarding the Community Garden project.
Council Member Shoffner asked to have Future Agenda Item, Consider and take appropriate action regarding
policy on equipment schedule for replacement program, on the June 23, 2015, Council agenda.
Council Member Shoffner stated that Future Agenda Item, Consider and take appropriate action regarding
reviewing schedule of fees for outside baseball tournaments and capacity, will be dealt with through the Organized
Sports Council subcommittee and will be handled at a future date.
Mayor Sanders asked to have Future Agenda Item, Discussion of possible Charter amendments, on the June 23,
2015, Council agenda. Additionally, he mentioned that the City of Grapevine Finance Director would be willing to
give a presentation regarding use of hotel occupancy tax funds.
Discussion took place regarding the City of Roanoke’s plans to construct a wall along Bob Cat Boulevard and their
desire to place within Town limits to save existing trees. Additional discussion ensued regarding residential fencing
that separates the cities’ respective corporate boundaries that may need repair.
EXECUTIVE SESSION
12. 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 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value
of real property if deliberation in an open meeting would have a detrimental effect on the position of
the governmental body in negotiations with a third person:
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Potential Purchase of Property
B. 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 related to appointing a Building Standards Commission
CONVENE INTO EXECUTIVE SESSION - START TIME – 10:44 P.M.
RECONVENE INTO REGULAR SESSION - START TIME – 11:12 P.M.
RECONVENE INTO REGULAR SESSION
13. Consider and take appropriate action regarding the Executive Session.
No action was taken on this item.
ADJOURN
Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to adjourn. Motion carried
unanimously. Meeting adjourned at 11:14 p.m.
___________________________________ ___________________________________
Holly Fimbres, Town Secretary/RMO C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
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ATTACHMENT A
Police Department and Town Hall Presentation
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ATTACHMENT B
Mayor’s State of the Town Address
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Page 1
State of the Town 2015
Since taking office in May just over a year ago, the Council and Staff have been very
busy trying to accomplish a number of significant objectives. With 4 of our members
having never served in a public office and 2 council members only having limited public
service, we strived to work together toward common goals. I believe we have
accomplished several significant goals and continue to work on our plans.
Much of our time has been spent on the goal to move forward on construction of a new
Town Hall and Police Facility. With the negotiations already under way with the County
Club, we waited for the Club to sign a contract. As the time passed and members of
council concerned with the proposed location and the traffic issues related to that
location, we agreed to continue to explore other options for land.
The 2 logical options were to locate the facility on PD30 (Beck Land) or on land owned
by First United Methodist Church across from PD30. Both of these options were fairly
close to the existing municipal facilities and allowed our planning to utilize the existing
Annex Building which existed on MUD Property. The debt on the construction of the
Annex Building still had about 10 years left, so this seemed to make since.
The attractive part of locating our buildings on PD 30, was the idea that we might be
able to get Mr. Beck to remove or substantially reduce the number of apartments
allowed in the approved zoning. It was the unanimous agreement of council that the
citizens of Trophy Club did not want apartments on PD30. The town was willing to
purchase over 2 acres of land to place the Joint facility of Town Hall and Police in the
center of what was being called Town Center and use Hotel Occupancy Tax to
construct a Civic Center/Conference Center adjacent to the Town Hall and a planned
Hotel on the site. The agreed upon price for the land was $15 per square foot. Mr.
Beck did in fact submit plans to P&Z for this new design and at the last minute pulled his
request for a modification to PD30 telling the council that he could not get the project
financed.
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During this time we had begun conversations with the leadership of the Methodist
Church and had our architect draw general plans that would have allowed the shared
parking to provide 100 spaces to the church in times when the town would not be using
the parking. The land was surveyed and we received an appraisal and this information
was shared with the church. Ultimately the church decided to not sell the land to the
town. These plans included utilizing the Annex Building for part of our staff. During this
process the council and staff worked on reducing the needed space requirements from
what was proposed in early 2014 of almost 43,000 square feet to somewhere between
15,000 and 23,000 square feet depending on how much of the Annex building would be
utilized.
After the Church decided to not sell their land, we did have a brief conversation with Mr.
Beck trying to just buy some land which would have placed our facilities along Trophy
Club Drive. The council did not think Mr. Beck would move forward with his plans and
he kept trying to tie our construction in with his plans.
The Council explored several other options for land which included trying to utilize some
park land that could be re-purposed.
Today, we own over 5.5 acres of land on Trophy Wood drive across from the Hampton
Inn and just Northwest of the Holiday Inn being constructed. Tonight we will be
continuing our evaluation of the space requirements and general plans for a joint facility
of just over 23,000 square feet and consolidating all town staff into one facility. The
purchase of this land was accomplished by using $1.35M ($1,346,233) of the 2.5 million
Certificate of Obligation that the previous council had approved and borrowed
anticipating the purchase of the Country Club Land. The balance of this CO ($1.15M)
will be utilized toward the construction of the Town Hall/Police Facility.
The current plans include re-purposing the Annex building into some other public use
which could include an activity and/or senior center. These plans are not finalized at
this time. The Town still does not own the land where the annex building is located and
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the talks with the MUD about purchasing the land have been put on hold until the MUD
completes its Water Study to make sure none of this land would be needed and answer
some questions about available parking once an additional Ground Storage Tank was
constructed if needed.
The council plans at this time are to call a bond election for November 2015 asking the
citizens to approve the construction of a joint facility at the new location. Today we do
not know the estimated cost, but over the next few weeks or months we will finalize our
plans and have a better idea of the cost. The decision to have the bond election will
have to be made by council in August.
Having said all of this, the town is in very good financial condition maintaining our AA+
Bond Rating and having a General Fund balance at September 30, 2014 of $3,045,021
which is 39.5% of annual General Fund Expenditures for 2014. Our projected general
fund balance for Fiscal Year end 2015 is $2,900,000 or 34.7% of expenditures. Our
Fiscal Year 2014-15 budget included $2.87 million of Capital Improvements which have
been funded with reserves, balance of several notes and utilizing a Tax Note to balance
and maintain our Interest & Sinking Tax Rate.
Not only is our financial future bright, but we still have 270 total residential lots
remaining in town with 109 of those from the PID, 22 from Waters Edge, 27 from the
Villas of Hogans Glen, 88 in Cantebury Hills and 14 in the Isle of Turnberry. We have
issued 108 building permits YTD with 48 Residential Building Permits in plan review.
The process of building new homes in Trophy Club started when I was Mayor 8 years
ago and the Council approved the 1st residential PID in Texas. This has allowed us to
prosper while other cities struggled to provide any new home development.
I am very proud of our 72 full time employees for their dedication to our citizens. This is
evidenced by the extra effort they put forth in winter icy months and in extreme weather
conditions. As we have just finished the wettest 5 months in many years, I am grateful
that the major drainage improvement projects accomplished in the past year have
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worked and protected our citizens who have found themselves with ground water issues
in the past. I am also very grateful to our Public Safety staff (Fire & Police) for th e
excellent work they perform in difficult situations, specifically in critical life
circumstances. I am proud that I receive comments from grateful citizens who are alive
today because of their professional efforts. Because I frequently get ask a questi on
about how many employees are in our various departments, here are those numbers:
Police 21; Fire/EMS 15; Parks & Recs. 15; Community Development 8; IT 2 and Admin
11.
This year our Town has turned 30 years old and has a population of almost 13,000
citizens and should end up with slightly over 14,000 citizens at buildout.
Economic development in Town is on the horizon of new and exciting things. Early in
2016 both the full service Holiday Inn and the Homewood Suites should be open and
with 4 hotels in town, we should be able to utilize our Hotel Occupancy Tax to provide
civic facilities to our citizens without costing the citizens tax dollars. In addition, you
should be watching the web site and papers for some exciting announcements about
new restraints in town allowing you to enjoy some excellent cuisine.
Trophy Club continues to receive recognition for the quality of life we enjoy. Here are
some of the recent awards:
1. EDC-4B received the TEDC Economic Excellence Award in 2014
2. Community of the Year in 2014 by the Dallas Builders Association for the
Highlands
3. US Census shows our town as the 3rd fastest growth city in DFW from 2010-2013
and the Dallas Business Journal listed us as the 7 th fastest growing zip code in
DFW with a 4%+ growth rate.
4. We were ranked 3rd most healthy neighborhood by Dallas Morning News in May
of 2014 based on air quality, places to work, access to healthful food and
availability of trails and sidewalks.
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5. In May 2014, D Magazine ranked us 7th best suburb and in May 2015 we were
ranked 5th Best Neighborhood overall by Dallas Morning News.
Your Town Council is pleased and excited with the new leadership in our Town
Secretary / Records Manager Holly Fimbres, Police Chief Patrick Arata, Assistant Town
Manager / Finance Director Steven Glickman and to have Town Manger Stephen Seidel
at the leadership of this new team of qualified staff. And I would be amiss if I did not
mention our Town Attorney Patricia Adams who provides needed advice and counsel
no matter the day of the week or time of day and Adam Adams for leading the most
visible department that makes me smile as our see the quality of our facilities and
medians. I will not take the time to mention everyone on staff, but on behalf of Council
we say thanks to each of you who do your job day-in day-out.
With this leadership team and staff we will strive to achieve the following in the years to
come:
1. New and improved transparency with the implementation of a new records
management system and the codification of our ordinances.
2. Maintain our current Tax rate or slightly lower and continue to implements Capital
Improvement Projects while our growth rate provides increases in Tax revenue.
3. Continue to listen to our citizens and hold the lines of communication open at all
times.
4. Utilize the wonderful financial condition of our town and the benefits of a low cost
of borrowing to save our citizen’s interest and PID resident’s money on their
Assessments through re-funding of debt.
Our Mission is: TO MAINTAIN TROPHY CLUB’S STANDING AS A PREMIER
RESIDENTIAL COMMUNITY AND A “GREAT PLACE TO CALL HOME” BY
PROTECTING AND PROMOTING THE INTERESTS OF ITS RESIDENTS,
BUSINESSES, AND PROPERTY OWNERS.
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I am honored in working with the Council: With Mayor Pro Tem Greg Lamont for his
passion for keeping spending under control and striving to lower the tax rate.
Philip Shoffner for all his research and keeping the entire council on our toes (so to
speak).
Garrett Reed for his knowledgeable leadership as we have worked through
development and land acquisitions.
Rhylan Rowe for his analytical skills and forward thinking
Jim Parrow for this attention to detail and striving to keep our planning for a future
building efficient while maintaining the utilization of our current facilities and working
with the Methodist church during those negotiations.
And to Tim Kurtz, our newest member for his business knowledge and approach to
decisions while adding to our forward thinking as we plan for a new joint facility.
We are in fact a Great Place to Call Home and this year on the 4th of July, we will once
again place over 30,000 (goal of 40,000) American flags along our streets to show our
American Pride.
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ATTACHMENT C
Resolution No. 2015-10
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2015-10
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, NOMINATING ONE MEMBER TO THE
BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 772, Health and Safety Code, provides that two voting
members of the Board of Managers of an Emergency Communications District shall be
appointed jointly by all cities and towns lying wholly or partly within such District; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the Town of Trophy Club, Texas, hereby nominates Sue Tejml
as a member of the Board of Managers for the Denco Area 9-1-1 Emergency
Communication District.
Section 2. That this resolution shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club ,
Texas, this 9th day of June 2015.
ATIEST :
Holly Fi bres, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
~~)
Patricia A Adams, Town Attorney
Town of Trophy Club, Texas
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
Town Council Minutes June 9, 2015 Page 30 of 30Town Council Page 36 of 269 Meeting Date: July 14, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0434-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:6/29/2015 Town Council
On agenda:Final action:7/14/2015
Title:Consider and take appropriate action regarding the Consumer Confidence Report for the PID.
Attachments:2014 PID CCR_FINAL.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the Consumer Confidence Report for the PID.
Town Council Page 37 of 269 Meeting Date: July 14, 2015
Town of Trophy Club
Public Water System ID No. TX0610273
2014 Annual Drinking Water Quality Report
Consumer Confidence Report June 2015
This information is provided to you by: Town of Trophy Club Public Improvement District
100 Municipal Drive, Trophy Club, Texas 76262, Phone: (682) 831-4600
Contact: Pat Cooke, Infrastructure and Community Development Manager
Special Population Advisory
You may be more vulnerable than the general
population to certain microbial contaminants, such as
Cryptosporidium, in drinking water. Infants, some
elderly, or immunocompromised persons such as those
undergoing chemotherapy for cancer; those who have
undergone organ transplants; those who are undergoing
treatment with steroids; and people with HIV/AIDS or
other immune system disorders can be particularly at
risk from infections. You should seek advice about
drinking water from your physician or health care
provider. Additional guidelines on appropriate means to
lessen the risk of infection by Cryptosporidium are
available from the Safe Drinking Water Hotline at (800)
426-4791.
Our Drinking Water Meets or Exceeds All
Federal (EPA) Drinking Water Requirements
This report is a summary of the quality of the water we
provide our customers. The analysis was made by using the
data from the most recent U.S. Environmental Protection
Agency (EPA) required tests and is presented in the
following pages. We hope this information helps you
become more knowledgeable about what is in your drinking
water. Should you have questions or need additional copies
of this report, please call the Town office at (682) 831-4600.
The report is also available on our website at
www.trophyclub.org.
Water Sources:
The sources of drinking water (both tap water and
bottled water) include rivers, lakes, streams, ponds,
reservoirs, springs, and wells. As water travels over the
surface of the land or through the ground, it dissolves
naturally-occurring minerals, and in some cases,
radioactive material, and can pick up substances
resulting from the presence of animals or from human
activity. Contaminants that may be present in source
water before treatment include:
Microbial contaminants, such as viruses and
bacteria, which may come from sewage
treatment plants, septic systems, and
agricultural livestock operations.
Inorganic contaminants, such as salts and
metals, which can be naturally-occurring or
result from urban storm water runoff, industrial
or domestic wastewater discharges, oil and gas
production, mining, or farming.
Pesticides and herbicides, which may come
from a variety of sources such as agriculture and
urban storm water runoff, and residential uses.
Organic chemical contaminants, including
synthetic and volatile organic chemicals, which
are by-products of industrial processes and
petroleum production, and can also come from
gas stations, urban storm water runoff, and
septic systems.
Radioactive contaminants, which can be
naturally-occurring or be the result of oil and gas
production and mining activities.
Este informe incluye información importante
sobre el agua potable. Si tiene preguntas o
comentarios sobre éste informe en español, favor de
llamar al tel. (682) 831-4600 para hablar con una
persona bilingüe en español.
Public Participation Opportunities
Date: July 14, 2015
Time: 7:00 p.m.
Location: Svore Administration Building
100 Municipal Drive
Trophy Club, TX 76262 En Español
Where Do We Get Our Drinking Water?
Our drinking water is purchased from Trophy Club Municipal
Utility District No. 1. The District obtains our water from both
surface and groundwater sources. Surface water is
purchased from the City of Fort Worth and its sources are
Lake Worth, Eagle Mountain Lake, Lake Bridgeport,
Richland Chambers Reservoir, Cedar Creek Reservoir, and
the Clear Fork Trinity River (from Lake Benbrook).
Groundwater sources are from four wells including three
from the Paluxy Aquifer and one from the Trinity Aquifer. The
Texas Commission on Environmental Quality (TCEQ)
completed an assessment of your drinking water sources
and the report describes the susceptibility and types of
constituents that may come into contact with your drinking
water source based on human activities and natural
conditions. Trophy Club Municipal Utility District No.1
received the assessment report. For more information on
source water assessments and protection efforts at our
system, contact Pat Cooke at (682) 831-4600.
Town Council Page 38 of 269 Meeting Date: July 14, 2015
All Drinking Water May Contain Contaminants
When drinking water meets federal standards there may not be any health based benefits to
purchasing bottled water or point-of-use devices. Drinking water, including bottled water, may
reasonably be expected to contain at least small amounts of some contaminants. The presence of
contaminants does not necessarily indicate that water poses a health risk. In order to ensure tap
water is safe to drink, the EPA and TCEQ prescribe regulations which limit the amount of certain
contaminants in water provided by public water systems. FDA regulations establish limits for
contaminants in bottled water, which must provide the same protection for public health. More
information about contaminants and potential health effects can be obtained by calling the EPA's
Safe Drinking Water Hotline at (800) 426-4791.
Water Quality Data
The table in this report lists all the drinking water contaminants we detected during tests conducted
from the previous calendar year, unless otherwise noted. The state requires us to monitor for certain
contaminants less than once per year because the concentrations of these contaminants are not
expected to vary significantly from year to year. Therefore, some of the data, though representative
of the water quality, is more than one year old.
Secondary Constituents
Many constituents (such as calcium, sodium or iron) which are often found in drinking water, can
cause taste, color and odor problems. The taste and odor constituents are called secondary
constituents and are regulated by the State of Texas, not the EPA. These constituents are not
causes for health concerns. Therefore secondary constituents are not required to be reported in
this document but they may greatly affect the appearance and taste of your water.
About The Following Pages
The pages that follow list all of the federally regulated or monitored contaminants which have been
found in your drinking water. The United States Environmental Protection Agency (EPA) requires
water systems to test up to 97 constituents. Please note that not all constituents are required to be
sampled every year. Only the most recent year for sampling of a constituent is included in the report.
Definitions
Action Level (AL): The concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water
system must follow.
Action Level Goal (ALG): The level of a contaminant in drinking water below which there is no known or expected risk to health.
ALGs allow for a margin of safety.
Maximum Contaminant Level (MCL): The highest permissible level of a contaminant in drinking water. MCLs are set as close to
the MCLGs as feasible using the best available treatment technology.
Maximum Contaminant Level Goal (MCLG): The level of a contaminant in drinking water below which there is no known or expected
health risk. MCLGs allow for a margin of safety.
Maximum Residual Disinfectant Level (MRDL): The highest level of disinfectant allowed in drinking water. There is convincing
evidence that addition of a disinfectant is necessary for control of microbial contaminants.
Maximum Residual Disinfectant Level Goal (MRDLG): The level of a drinking water disinfectant below which there is no known or
expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contamination.
Treatment Technique (TT): A required process intended to reduce the level of a contaminant in drinking water.
Abbreviations
MFL - million fibers per liter (a measure of asbestos) pCi/L - picocuries per liter (a measure of radioactivity)
N/A - not applicable ppm - parts per million, or milligrams per liter (mg/l)
NTU - Nephelometric Turbidity Units ppb - parts per billion, or micrograms per liter (ug/l)
ppq - parts per quadrillion, or picograms per liter mrem/yr – millirems per year
ppt - parts per trillion, or nanograms per liter ND – (not-detectable) lab analysis indicates not present
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Maximum Residual Disinfectant Level
Year Disinfectant Average
Level
Minimum
Level
Maximum
Level MRDL MRDLG Unit of
Measure
Violation
(Y or N) Source of Disinfectant
2014 Chloramine Residual
(Total Chlorine) 3.0 1.3 3.8 4.0 <4.0 ppm
N Disinfectant used to control
microbes.
Disinfection By-Products
Year Contaminant Highest Level
Detected*
Range of
Levels Detected
MCL Unit of
Measure
Violation
(Y or N) Source of Contaminant
2014 HAA5 Total
Haloacetic Acids 5.2 2.3 – 6.3 60 ppb N Byproduct of drinking water disinfection.
2014 Total
Trihalomethanes 9.5 7.8 – 11.5 80 ppb N Byproduct of drinking water disinfection.
*Highest level detected is based on a running annual average calculated from quarterly samples as required by TCEQ.
Organic Contaminants TESTING WAIVED, NOT REPORTED, OR NONE DETECTED
Inorganic Contaminants
Year Contaminant
Highest
Level
Detected
Range of
Levels
Detected
MCLG MCL Unit of
Measure
Violation
(Y or N) Source of Contaminant
2013 Asbestos ND ND 7 7 MFL N Decay of asbestos cement water mains;
erosion of natural deposits.
2014
Nitrate *
(measured as
nitrogen)
0.72 0.72 – 0.72 10 10 ppm N
Runoff from fertilizer use; leaching from
septic tanks, sewage; erosion of natural
deposits.
2013 Nitrite ND ND 10 10 ppm N
Runoff from fertilizer use; leaching from
septic tanks, sewage; erosion of natural
deposits.
*Nitrate Advisory: Nitrate in drinking water at levels above 10 ppm is a health risk for infants of less than six months of age. High nitrate levels in drinking
water can cause blue baby syndrome. Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity. If you are caring for
an infant you should ask advice from your health care provider.
Lead and Copper
Year Contaminant The 90th
Percentile
No. of Sites
Exceeding
Action Level
Action
Level MCLG Unit of
Measure
Violation
(Y or N) Source of Contaminant
2014 Lead 0.0017 0 0.015 0 ppm N Corrosion of household plumbing systems;
erosion of natural deposits.
2014 Copper 0.091 0 1.3 1.3 ppm N
Corrosion of household plumbing systems;
erosion of natural deposits; leaching from
wood preservatives.
If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily
from materials and components associated with service lines and home plumbing. The Town of Trophy Club is responsible for providing high quality drinking
water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the
potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in
your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure
is available from the Safe Drinking Water Hotline or at http://www.epa.gov/safewater/lead.
Turbidity (Source Water: Trophy Club MUD No. 1 Purchased from the City of Fort Worth)
Year Contaminant MCL MCLG
Highest
Single
Measurement
Lowest Monthly %
of Samples
Meeting Limits
Turbidity
Limits
Unit of
Measure
Violation
(Y or N)
Source of
Contaminant
2014 Turbidity TT N/A 0.29 100% 0.3 NTU N Soil runoff.
Turbidity is a measure of the cloudiness of water and has no health effects. It is monitored because it is a good indicator of the effectiveness of the filtration
system.
Microbiological Contaminants
Year Contaminant MCL Highest Single
Measurement
Lowest Monthly %
of Samples
Meeting Limits
Violation
(Y or N) Source of Contaminant
2014 Fecal Coliform & E. Coli N/A N/A N/A N Human and animal fecal waste.
2014 Total Coliform Bacteria One positive
monthly sample. 0 100% N Naturally present in the environment.
Total Coliform Bacteria are used as indicators of microbial contamination of drinking water because testing for them is easy. While not disease-causing
organisms themselves, they are often found in association with other microbes that are capable of causing disease. Coliform are more hardy than many
disease-causing organisms; therefore, their absence from water is a good indication that the water is microbiologically safe for human consumption.
Town Council Page 40 of 269 Meeting Date: July 14, 2015
Total Organic Carbon (Source Water: Trophy Club MUD No. 1 Purchased from the City of Fort Worth)
Year Contaminant MCL MCLG Highest
Measurement
Lowest
Measurement Average Violation
(Y or N) Source of Contaminant
2014 Total Organic Carbon TT =
% removal N/A 1.0 1.0 1.0 N Naturally occurring.
Total Organic Carbon is used to determine disinfection by-product precursors. The City of Fort Worth was compliant with all monitoring and treatment
technique requirements for disinfection by-product precursors.
Year-Round Outdoor Watering Restrictions In Effect
Please water outdoors in accordance with the following schedule:
Residential addresses ending in even numbers may water on
Wednesday and Saturday.
Residential addresses ending in odd numbers may water on Thursday
and Sunday.
Non-residential locations (commercial, HOA, common areas,
medians, etc.) may water on Tuesday and Friday.
No watering is permitted on Monday.
No watering is permitted between 10:00 am and 6:00 pm on any day.
These restrictions are mandatory and will be enforced in accordance with
Section XI of the Drought Contingency and Emergency Water Management
Plan. Violators are subject to administrative penalties and/or citations by
law enforcement.
Town Council Page 41 of 269 Meeting Date: July 14, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0435-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:6/29/2015 Town Council
On agenda:Final action:7/14/2015
Title:Consider and take appropriate action regarding a Non-Exclusive Use Agreement between the Town
and TCR Youth Baseball Association.
Attachments:Staff Report - Non-Exclusive Use Agreement with TCR Youth Baseball Association.pdf
Non-Exclusive Use Agreement with TCR Youth Baseball Association.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Non-Exclusive Use Agreement between the Town and TCR Youth
Baseball Association.
Town Council Page 42 of 269 Meeting Date: July 14, 2015
To: Mayor and Town Council
From: Adam Adams
CC: Stephen Seidel, Town Manager
Holly Fimbres, Town Secretary
Re: Town Council Meeting, Tuesday, July 14, 2015
Agenda Item:
Consider and take appropriate action regarding a Non-Exclusive Use Agreement between the
Town and TCR Youth Baseball Association.
Explanation:
Town Council, at their May 12th meeting, created a sub-committee to work with staff and
representatives from the TCR Youth Baseball Association to examine various issues in the
proposed Non-Exclusive Use Agreement for use of Town facilities and to bring that document
back with suggested changes. The Town Council later established an Organized Sports Council
sub-committee on May 26, 2015, to work with Town Staff and representatives of Sports
Associations and other organized sports groups utilizing Town facilities in order to negotiate
agreements for the use of Town facilities and related matters. The current contract between
the Town and the TCR Youth Baseball Association represent the suggestions made by Council at
the May 12, 2015 meeting and revisions and input created by two subsequent meetings with
the Council Organized Sports Sub-Committee and the TCR Youth Baseball Association. All
parties (sub-committee, TCR Youth Baseball and staff) involved in this process favorably
support the proposed agreement.
Attachments:
• Non-Exclusive Use Agreement with TCR Youth Baseball Association
Recommendation:
Staff concurs with the recommendations of the Organized Sports Council Sub-Committee that
the agreement be passed as presented.
Page 1 of 1
Town Council Page 43 of 269 Meeting Date: July 14, 2015
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”).
WITNESSETH:
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 this 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 Page 44 of 269 Meeting Date: July 14, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 2 of 16
I.
INCORPORATION OF PREMISES / 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 / 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
(21st) 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.
Town Council Page 45 of 269 Meeting Date: July 14, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 3 of 16
III.
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
Town Council Page 46 of 269 Meeting Date: July 14, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 4 of 16
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.
Town Council Page 47 of 269 Meeting Date: July 14, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 5 of 16
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;
10. striping of game fields, for TCRYBA 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.
Town Council Page 48 of 269 Meeting Date: July 14, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 6 of 16
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 / 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.
Town Council Page 49 of 269 Meeting Date: July 14, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 7 of 16
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 available,
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 -Is 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.
Town Council Page 50 of 269 Meeting Date: July 14, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 8 of 16
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 TCRYBA:
John Watson
Town Council Page 51 of 269 Meeting Date: July 14, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 9 of 16
TCR Youth Baseball Association
PO Box 1568
Roanoke, Texas 76262
Town Council Page 52 of 269 Meeting Date: July 14, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 10 of 16
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 TCRYBA:
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-
Town Council Page 53 of 269 Meeting Date: July 14, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 11 of 16
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 PENALTIES
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.
Town Council Page 54 of 269 Meeting Date: July 14, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 12 of 16
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.
Town Council Page 55 of 269 Meeting Date: July 14, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 13 of 16
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
Town Council Page 56 of 269 Meeting Date: July 14, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 14 of 16
ATTEST: TOWN OF TROPHY CLUB, TEXAS
By: ________________________________
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
By: ________________________________
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
By: ________________________________
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council Page 57 of 269 Meeting Date: July 14, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 15 of 16
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the _____ day of
___________________, 2016 by C. Nick Sanders, Mayor of the TOWN OF TROPHY
CLUB, TEXAS, a home rule municipal corporation, on behalf of such corporation.
______________________________
Notary Public in and for the
State of Texas
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the _____ day of
___________________, 2016 by John Watson, President of the TCR YOUTH
BASEBALL ASSOCIATION, a nonprofit corporation, on behalf of such corporation.
______________________________
Notary Public in and for the
State of Texas
Town Council Page 58 of 269 Meeting Date: July 14, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 16 of 16
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
Town Council Page 59 of 269 Meeting Date: July 14, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0444-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/29/2015 Town Council
On agenda:Final action:7/14/2015
Title: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.
Attachments:Staff Report - ILA for Installation of Illuminated Signs.pdf
ILA for Installation of Illuminated Signs.pdf
Action ByDate Action ResultVer.
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.
Town Council Page 60 of 269 Meeting Date: July 14, 2015
To: Mayor and Town Council
From: Steven Glickman, Assistant Town Manager/CFO
CC: Stephen Seidel, Town Manager
Holly Fimbres, Town Secretary
Re: Illuminated Street Signs
Town Council Meeting, July 14, 2015
Agenda Item:
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.
Explanation:
The Town of Westlake is installing illuminated street signs along their portion of the Highway
114 Corridor. Westlake competitively bid the project and the Town’s portion of that contract
would be $11,495, if approved, which would include two signs at the intersection of Trophy
Club Drive and the Highway 114 East and West access roads. The expenditure would come
from the street maintenance sales tax fund from additional sales tax revenue.
Attachments:
Interlocal Agreement for Installation of Illuminated Signs
Recommendation:
Staff recommends approval of the interlocal agreement to install illuminated street signs at the
intersections of Trophy Club Drive and the Highway 114 East and West access roads.
Town Council Page 61 of 269 Meeting Date: July 14, 2015
INTERLOCAL AGREEMENT FOR INSTALLATION OF ILLUMINATED SIGNS
This Interlocal Agreement (“Agreement”) is made and entered into by and between the TOWN
OF WESTLAKE, a Type A General Law Municipality located in Denton and Tarrant Counties of the
State of Texas (“WESTLAKE”) and, the TOWN OF TROPHY CLUB, a home rule municipality
located in Denton and Tarrant Counties of the State of Texas (“TROPHY CLUB”), for the purpose of
participating in a joint project to install illuminated street name signs within the respective parties’
jurisdictions (hereinafter “Project”).
WHEREAS, WESTLAKE obtained proposals for the Project and contracted for the installation
of illuminated street name signs within WESTLAKE; and
WHEREAS, TROPHY CLUB has determined it appropriate to install illuminated street name
signs within TROPHY CLUB; and
WHEREAS, the installation of illuminated name street signs is a governmental function that
each party to this Agreement is authorized to perform; and
WHEREAS, the performance of that governmental function and the costs for the Project shall be
paid from current revenues legally available to each party for their respective portion of the Project; and
WHEREAS, the governing bodies for WESTLAKE and TROPHY CLUB find that this
Agreement serves the common interest of both parties, provides for a fair division of costs between the
parties as each will pay the costs of signs installed within its respective jurisdiction, and will benefit the
public; and
NOW, THEREFORE, WESTLAKE and TROPHY CLUB, for the mutual promises,
covenants, Agreements and consideration stated herein, agree as follows:
SECTION 1
PROJECT DESCRIPTION
WESTLAKE shall contract with a third party for the installation of illuminated street name
signage within WESTLAKE and TROPHY CLUB, and WESTLAKE shall include in the scope of
work for that contract two (2) illuminated street name signs to be installed at the intersection of Trophy
Club Drive and State Highway 114 Service Road (eastbound and westbound directions) within TROPHY
CLUB. A diagram depicting the approximate location of the signs is attached hereto and incorporated
herein as Exhibit “A”. The illuminated street name signs shall meet the specifications set forth in
Exhibit “B”, a copy of which is attached hereto and incorporated herein. WESTLAKE shall serve as the
Manager for the Project.
SECTION 2
CONSIDERATION
In consideration for WESTLAKE’s service as Manager of the Project, TROPHY CLUB shall
pay WESTLAKE an amount not to exceed ELEVEN THOUSAND FOUR HUDNRED NINETY
FIVE AND NO/100 DOLLARS ($11,495.00) within thirty (30) days after completion of the Project and
TROPHY CLUB’s acceptance of the illuminated street name signs installed within TROPHY
CLUB.
Page 1 of 6Town Council Page 62 of 269 Meeting Date: July 14, 2015
SECTION 3
MISCELLANEOUS PROVISIONS
3.01 Applicable Law and Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas, and all obligations of the parties created hereunder are
performable in Denton County, Texas. Venue for any action arising under this Agreement shall
lie in the state district courts of Denton County, Texas.
3.02 Counterparts. This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original and all of which shall constitute one and the same document.
3.03 Entire Agreement. This Agreement represents the entire agreement between WESTLAKE and
TROPHY CLUB and supersedes all prior negotiations, representations and/or agreements, either
written or oral. This Agreement may be amended only by written instrument approved by the
governing bodies of both WESTLAKE and TROPHY CLUB and executed by those authorized
to sign on behalf of the respective governing bodies.
3.04 Immunity and Defenses. It is expressly understood and agreed that, in the execution of this
Agreement, no party waives, nor shall be deemed hereby to have waived any immunity or
defense that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions. By entering into this Agreement, the parties do not create
any obligations, express or implied, other than those set forth herein, and this Agreement shall not
create any rights in parties not signatories hereto.
3.05 Severability Clause. The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of
competent jurisdiction to be contrary to law or contrary to any rule or regulation have the force
and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid
provision had never been included.
3.06 Assignment. This Agreement shall be binding upon the parties hereto, their successors, and
assigns. Neither of the Parties shall assign or transfer an interest in this Agreement without the
express written consent of the other party.
3.07 Termination. This Agreement may be terminated in whole or in part with or without cause by
WESTLAKE or TROPHY CLUB upon fifteen (15) days written notice to the other party by
certified mail, return receipt requested, with notice of termination being provided to the non-
terminating party and directed to the attention of the non-terminating party’s Town Manager.
3.08 No Joint Venture or Agency. The relationship between the parties to this Agreement shall not
be construed or deemed to create a partnership or joint venture between the parties. This
Agreement does not appoint any party as agent for the other party.
3.09 Effective Date. The effective date of this Agreement shall be the last day this Agreement is
approved by a party hereto as indicated on the signature blocks below (the “Effective Date”).
Page 2 of 6Town Council Page 63 of 269 Meeting Date: July 14, 2015
EXECUTED in duplicate originals on the dates set forth below.
TOWN OF TROPHY CLUB
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
[SEAL]
TOWN OF WESTLAKE
Laura Wheat, Mayor
Town of Westlake, Texas
ATTEST:
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
Town of Westlake, Texas Town of Westlake, Texas
[SEAL]
Page 3 of 6Town Council Page 64 of 269 Meeting Date: July 14, 2015
STATE OF TEXAS §
§
COUNTY OF _____________ §
This instrument was acknowledged before me on the _____ day of ____________, 2015,
by ______________ of Town of Westlake, Texas, a Type A General law municipality of the
State of Texas, on behalf of said political subdivision.
___________________________________
Notary Public, State of Texas
STATE OF TEXAS §
§
COUNTY OF ______________ §
This instrument was acknowledged before me on the _____ day of ____________, 2015,
by ___________________ of the Town of Trophy Club, Texas, a home-rule municipal
corporation, on behalf of said political subdivision.
___________________________________
Notary Public, State of Texas
Page 4 of 6Town Council Page 65 of 269 Meeting Date: July 14, 2015
"Trophy Club Drive " with "TC"
"We stlake Parkway" with "W " logo
Exhibit "A"
Westlake ILA
Page 5 of 6Town Council Page 66 of 269 Meeting Date: July 14, 2015
1 v1E\ivA1iLE:·------------------'l2il·----------------------->!
mJ
lliJ € .•-. "'
1.97 .
1 .1, .. ~.99~3.471
------------------~-·123-· ----,---~--------------·~--~·,
o'No GRADE REFLECTIVE
· CUS.TOMER:
NAME: .. m ....
: CONSOLIDATED TRAFFIC CONTROLS; INC
. . JOB#:N/A
CITY/ COUNTY/ STATE:
SIGN TYPE: CLEAN PROFILE
BODY: SINGLE.SIDE
BODY SIZE: 10'-311 X 21 11 (OVERALL) 12011 X 1811 (VIEWABLE)
BODY COLOR: BLACK
~P~QV.:0 $Y;
DA,TE:
PANEL: .POLYCARBONATECLEAR .
Fll.'111 TYPE: 3M 1179:..2oc EC BRQWN/ 3M 4090T D~ GRADE
BORl)ER: NO BORDER
LOGO: TROPHY CLUB
·FONT: CLEARVIEW HWY 3-W SUFFIX & BLOCK: 1O"UC/7"UC
BR.Kr: TOP MT.
ILLIUM. SOURCE: LED LIGHT ENGINE
Exhibit "B"
Page 6 of 6Town Council Page 67 of 269 Meeting Date: July 14, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0464-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:7/7/2015 Town Council
On agenda:Final action:7/14/2015
Title: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.
Attachments:2015 ILA for Ad Valorem Tax Collection between Denton County and the Town.pdf
Action ByDate Action ResultVer.
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.
Town Council Page 68 of 269 Meeting Date: July 14, 2015
Page 1 of 14
THE STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT FOR TAX COLLECTION
BETWEEN DENTON COUNTY, TEXAS, AND CITY/
TOWN OF TROPHY CLUB, TEXAS
THIS AGREEMENT is made and entered into this 14th day of July 2015,
by and between DENTON COUNTY, a political subdivision of the State of Texas,
hereinafter referred to as “COUNTY,” and, the Town of Trophy Club,
Denton County, Texas, also a political subdivision of the State of Texas, hereinafter
referred to as "MUNICIPALITY."
WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to
the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation
Act, and V.T.C.A., Tax Code, Section 6.24 and 25.17 and;
WHEREAS, MUNICIPALITY has the authority to contract with the COUNTY
for the COUNTY to act as tax assessor and collector for MUNICIPALITY and
COUNTY has the authority to so act;
NOW THEREFORE, COUNTY and MUNICIPALITY, for and in
consideration of the mutual promises, covenants, and agreements herein contained, do
agree as follows:
Town Council Page 69 of 269 Meeting Date: July 14, 2015
Page 2 of 14
I.
The effective date of this Agreement shall be the 1st day of October, 2015. The term
of this Agreement shall be for a period of one year, from October 1, 2015, to and through
September 30, 2016. This Agreement shall be automatically renewed for an additional one (1)
year term at the discretion of the COUNTY and MUNICIPALITY, unless written notice of
termination is provided by the terminating party to the other party prior to one hundred-fifty
(150) days of the expiration date of the current term of the Agreement. MUNICIPALITY
agrees to deliver this agreement no later than September 30, 2015 in manner required by
COUNTY to fully execute said collection services by COUNTY.
II.
For the purposes and consideration herein stated and contemplated, COUNTY
shall provide the following necessary and appropriate services for MUNICIPALITY to
the maximum extent authorized by this Agreement, without regard to race, sex, religion,
color, age, disability, or national origin:
1. COUNTY, by and through its duly qualified tax assessor-collector, shall
serve as tax assessor-collector for p ar cel s in Den t o n Co u nty of th e
MUNICIPALITY for ad valorem tax collection for tax year 2015, and each tax year for
the duration of this Agreement. COUNTY agrees to perform all necessary ad valorem
assessing and collecting duties for MUNICIPALITY and MUNICIPALITY does hereby
expressly authorize COUNTY to do and perform all acts necessary and proper to assess
and collect taxes for MUNICIPALITY. COUNTY agrees to collect base taxes, penalties,
interest, and attorney's fees.
2. COUNTY agrees to prepare and mail all current and delinquent tax
Town Council Page 70 of 269 Meeting Date: July 14, 2015
Page 3 of 14
statements required by statute, supplemental changes for applicable property accounts,
as well as prepare and mail any other mailing as deemed necessary and appropriate by
COUNTY; provide daily and monthly collection reports to MUNICIPALITY;
prepare tax certificates; develop and maintain both current and delinquent tax rolls,
disburse tax monies to MUNICIPALITY daily (business day) based on prior day tax
postings. COUNTY agrees to approve and refund overpayment or erroneous payment of
taxes for MUNICIPALITY pursuant to Texas Property Tax code Sections 31.11 and
31.12 from available current tax collections of MUNICIPALITY; meet the
requirements of Section 26.04 of the Texas Tax Code; and to develop and maintain such
other records and forms as are necessary or required by State law, rules, or regulations.
3. COUNTY further agrees that it will calculate the effective tax rates and
rollback tax rates for MUNICIPALITY and that such calculations will be provided at
no additional cost to MUNICIPALITY. The information concerning the effective and
rollback tax rates will be published in the form prescribed by the Comptroller of Public
Accounts of the State of Texas, and as required by Section 26.04 of V.T.C.A. Tax Code.
MUNICIPALITY shall notify tax assessor-collector no later than July 25th of each year
that MUNICIPALITY wishes publication of forms or notices specified in this section.
MUNICIPALITY further agrees that if COUNTY calculates effective and rollback tax
rates, COUNTY shall publish the required notices on behalf of MUNICIPALITY.
It is understood and agreed by the parties that the expense of publication shall be borne
by MUNICIPALITY and that COUNTY shall provide MUNICIPALITY’s billing
address to the newspaper publishing the effective and rollback tax rates.
Town Council Page 71 of 269 Meeting Date: July 14, 2015
Page 4 of 14
4. COUNTY agrees, upon request, to offer guidance and the necessary forms
for posting notices of required hearing and quarter-page notices as required by Sections
26.05 and 26.06 of V.T.C.A. Tax Code and Section 140.010 of Local Government
Code, if MUNICIPALITY requests such 7 days in advance of the intended
publication date, COUNTY agrees to manage all notices and publications on behalf of
MUNICIPALITY if request is received no later than July 25th. MUNICIPALITY must
approve all calculations and notices, in the format required by COUNTY, before
publication may proceed. The accuracy and timeliness of all required notices are the
responsibility of MUNICIPALITY.
5. Should MUNICIPALITY vote to increase its tax rate above the rollback
tax rate the required publication of notices shall be the responsibility of
MUNICIPALITY.
6. COUNTY agrees to develop and maintain written policies and procedures
of its operation. COUNTY further agrees to make available full information about the
operation of the County Tax Office to MUNICIPALITY, and to promptly furnish
written reports to keep MUNICIPALITY informed of all financial information affecting
it.
7. MUNICIPALITY agrees to promptly deliver to COUNTY all records
that it has accumulated and developed in the assessment and collection of taxes, and to
cooperate in furnishing or locating any other information and records needed by
COUNTY to perform its duties under the terms and conditions of this Agreement.
Town Council Page 72 of 269 Meeting Date: July 14, 2015
Page 5 of 14
8. COUNTY agrees to allow an audit of the tax records of
MUNICIPALITY in COUNTY’S possession during normal working hours with at least
48 hours advance, written notice to COUNTY. The expense of any and all such audits
shall be paid by MUNICIPALITY. A copy of any and all such audits shall be furnished
to COUNTY.
9. If required by MUNICIPALITY, COUNTY agrees to obtain a surety
bond for the County Tax Assessor/Collector. Such bond will be conditioned upon the
faithful performance of the Tax Assessor/Collector’s lawful duties, will be made payable
to MUNICIPALITY and in an amount determined by the governing body of
MUNICIPALITY. The premium for any such bond shall be borne solely by
MUNICIPALITY.
10. COUNTY agrees that it will post a notice on its website, as a
reminder that delinquent tax penalties will apply to all assessed taxes which are not
paid by January 31, 2016. COUNTY agrees to mail a reminder notice to delinquent
property accounts in the month of February notifying that delinquent tax penalties will
apply to all assessed taxes which are not paid by January 31, 2016. The reminder
notices will be mailed between February 5th and February 28th.
11. COUNTY agrees that it will post to a secure website collection reports for
MUNICIPALITY listing current taxes, delinquent taxes, penalties and interest on a daily
basis through September 30, 2016. COUNTY will provide monthly Maintenance and
Operation (hereinafter referred to as “MO”), and Interest and Sinking (hereinafter
referred to as “IS”) collection reports; provide monthly recap reports; and provide
monthly attorney fee collection reports.
Town Council Page 73 of 269 Meeting Date: July 14, 2015
Page 6 of 14
12. MUNICIPALITY retains its right to select its own delinquent tax
collection attorney and COUNTY agrees to reasonably cooperate with the attorney
selected by MUNICIPALITY in the collection of delinquent taxes and related activities.
13. MUNICIPALITY will provide COUNTY with notice of any change in
collection attorney on or before the effective date of the new collection attorney
contract.
III.
COUNTY hereby designates the Denton County Tax Assessor/ Collector to act
on behalf of the County Tax Office and to serve as Liaison for COUNTY with
MUNICIPALITY. The County Tax Assessor/Collector, and/or his/her designee, shall
ensure the performance of all duties and obligations of COUNTY; shall devote sufficient
time and attention to the execution of said duties on behalf of COUNTY in full
compliance with the terms and conditions of this Agreement; and shall provide
immediate and direct supervision of the County Tax Office employees, agents,
contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes,
terms and conditions of this Agreement for the mutual benefit of COUNTY and
MUNICIPALITY.
IV.
COUNTY accepts responsibility for the acts, negligence, and/or omissions
related to property tax service of all COUNTY employees and agents, sub-contractors
and /or contract laborers, and for those actions of other persons doing work under a
contract or agreement with COUNTY to the extent allowed by law.
Town Council Page 74 of 269 Meeting Date: July 14, 2015
Page 7 of 14
V.
MUNICIPALITY accepts responsibility for the acts, negligence, and/or
omissions of all MUNICIPALITY employees and agents, sub-contractors and/or
contract laborers, and for those of all other persons doing work under a contract or
agreement with MUNICIPALITY to the extent allowed by law.
VI.
MUNICIPALITY understands and agrees that MUNICIPALITY , its
employees, servants, agents, and representatives shall at no time represent themselves to
be employees, servants, agents, and/or representatives of COUNTY. COUNTY
understands and agrees that COUNTY, its employees, servants, agents, and
representatives shall at no time represent themselves to be employees, servants, agents,
and/or representatives of MUNICIPALITY.
VII.
For the services rendered during the 2015 tax year, MUNICIPALITY agrees
to pay COUNTY for the receipting, bookkeeping, issuing, and mailing of tax
statements as follows:
1. The current tax statements will be mailed by October 10the or as soon
thereafter as practical. In order to expedite mailing of tax statements the
MUNICIPALITY must adopt their 2015 tax rate by September 29, 2015. Failure of
the MUNICIPALITY to adopt a tax rate by September 29, 2015 may cause delay in
timely mailing of tax statements. Pursuant to Texas Property Tax Code §26.05 the
MUNICIPALITY must adopt a tax rate by the later of September 30th or 60 days after
the certified appraisal roll is received. Failure to adopt and deliver a tax rate by the
later of
Town Council Page 75 of 269 Meeting Date: July 14, 2015
Page 8 of 14
September 30th or 60 days after the certified appraisal roll is received may result in delay
of processing and mailing MUNICIPALITY tax statements. MUNICIPALITY agrees to
assume the costs for additional delayed tax statements, processing and mailing as
determined by COUNTY. Notwithstanding the provisions of the Tax Code, if
MUNICIPALITY fails to deliver the adopted tax rates (M&O and I&S) to the Tax
Assessor Collector by September 29, 2015, it may will cause a delay in the publication
and release of tax statements.
2. COUNTY will mail an additional notice during the month of March
following the initial mailing provided that MUNICIPALITY has requested such a notice
on or before February 28th. The fee for this service will be a rate not to exceed $0.69
per statement.
3. At least 30 days, but no more than 60 days, prior to April 1st, and
following the initial mailing, COUNTY shall mail a delinquent tax statement meeting the
requirements of Section 33.11 of the Texas Property Tax Code to the owner of each
parcel to the owner of each parcel having delinquent taxes.
4. At least 30 days, but no more than 60 days, prior to July 1st, and following
the initial mailing, COUNTY will mail a delinquent tax statement meeting the
requirements of Section 33.07 of the Texas Property Tax Code will be mailed to the
owner of each parcel having delinquent taxes.
5. For accounts which become delinquent on or after June 1st, COUNTY
shall mail a delinquent tax statement meeting the requirements of Section 33.08 of the
Texas Property Tax Code to the owner of each parcel having delinquent taxes.
Town Council Page 76 of 269 Meeting Date: July 14, 2015
Page 9 of 14
6. In event of a successful rollback election which takes place after tax bills for
MUNICIPALITY have been mailed, MUNICIPALITY agrees to pay COUNTY a
programming charge of $5,000.00. COUNTY will mail corrected statements to the owner of
each parcel. COUNTY will charge a fee for this service at a rate not to exceed
$0.69 per statement pursuant to Property Tax Code Section 26.07 (f). When a refund is
required per Property Tax Code Section 26.07 (g), COUNTY will charge a $.25 processing
fee per check, in addition to the corrected statement mailing costs. Issuance of refunds, in the
event of a successful rollback election, will be the responsibility of the COUNTY.
MUNICIPALITY will be billed for the refunds, postage and processing fees.
7. MUNICIPALITY understands and agrees that COUNTY will, no later than
January 31st, deduct from current collections o f t h e MUNICIPALITY the “Total Cost” of
providing all services described in paragraphs 1-5 above. This “Total Cost” includes any
such services that have not yet been performed at the time of deduction. The “Total Cost”
of providing all services described in paragraphs 1-5 above shall be the total of: $ 0.69 x the
total number of parcels listed on MUNICIPALITY’s September 30, 2014 end of year Roll
for tax year 2014. In the event that a rollback election as described in paragraph 6 takes
place, COUNTY shall bill MUNICIPALITY for the applicable programming charge,
check processing fees, refunds paid, and refund postage costs. MUNICIPALITY shall pay
COUNTY all billed amounts within 30 days of its receipt of said bill. In the event costs for
additional delayed tax statements, processing and mailing are incurred as described in
paragraph 1, COUNTY shall bill MUNICIPALITY for such amounts. MUNICIPALITY
shall pay COUNTY all such billed amounts within 30 days of its receipt of said bill.
Town Council Page 77 of 269 Meeting Date: July 14, 2015
Page 10 of 14
8. MUNICIPALITY further understands and agrees that COUNTY
(at its sole discretion) may increase or decrease the amounts charged to
MUNICIPALITY for any renewal year of this Agreement, provided that
COUNTY gives written notice to MUNICIPALITY sixty (60) days prior to the
expiration date of the initial term of the Agreement. The County Budget Office
establishes collection rates annually based on a survey of actual annual costs
incurred by the COUNTY in performing tax collection services. The collection
rate for each year is approved by County Commissioners’ Court. All entities are
assessed the same per parcel collection rate.
VIII.
COUNTY agrees to remit all taxes, penalties, and interest collected on
MUNICIPALITY's behalf and to deposit such funds into the MUNICIPALITY’s
depositories as designated:
1. For deposits of tax, penalties, and interest, payment shall be by wire
transfer or ACH to MUNICIPALITY depository accounts only, and segregated into the
appropriate MO and IS accounts. Only in the event of failure of electronic transfer
protocol will a check for deposits of tax, penalty and interest be sent by mail to
MUNICIPALITY.
2. If MUNICIPALITY uses the same depository as COUNTY, the deposits
of tax, penalty and interest shall be by deposit transfer.
3. In anticipation of renewal of this Agreement, COUNTY further agrees
that deposits will be made daily through September 30, 2016. It is expressly understood,
however, that this obligation of COUNTY shall not survive termination of this
Agreement, whether by termination by either party or by failure of the parties to renew
this Agreement.
Town Council Page 78 of 269 Meeting Date: July 14, 2015
Page 11 of 14
4. In event that COUNTY experiences shortage in collections as a result
of an outstanding tax debt of MUNICIPALITY, the MUNICIPALITY agrees a
payment in the amount of shortage shall be made by check or ACH to COUNTY
within 15 days after notification of such shortage.
IX.
In the event of termination, the withdrawing party shall be obligated to make such
payments as are required by this Agreement through the balance of the tax year in which
notice is given. COUNTY shall be obligated to provide services pursuant to this
Agreement, during such period.
X.
This Agreement represents the entire agreement between MUNICIPALITY and
COUNTY and supersedes all prior negotiations, representations, and/or agreements,
either written or oral. This Agreement may be amended only by written instrument
signed by the governing bodies of both MUNICIPALITY and COUNTY or those
authorized to sign on behalf of those governing bodies.
XI.
Any and all written notices required to be given under this Agreement shall be delivered
or mailed to the listed addresses:
COUNTY:
County Judge of Denton County
110 West Hickory
Denton, Texas 76201
Telephone 940-349-2820
MUNICIPALITY:
Town of Trophy Club
ATTN: Steven Glickman, Assistant Town Manager/Chief Financial Officer
100 Municipal Drive
Trophy Club, Texas 76262
682-831-4600 Email: sglickman@trophyclub.org
Town Council Page 79 of 269 Meeting Date: July 14, 2015
Page 12 of 14
XII.
MUNICIPALITY hereby designates Steven Glickman to act on behalf
of MUNICIPALITY, and to serve as Liaison for MUNICIPALITY to ensure the
performance of all duties and obligations of MUNICIPALITY as stated in this
Agreement. MUNICIPALITY’s designee shall devote sufficient time and attention to
the execution of said duties on behalf of MUNICIPALITY in full compliance with the
terms and conditions of this Agreement; shall provide immediate and direct supervision
of the MUNICIPALITY employees, agents, contractors, subcontractors, and/or laborers,
if any, in the furtherance of the purposes, terms and conditions of this Agreement for the
mutual benefit of MUNICIPALITY and COUNTY.
XIII.
In the event that any portion of this Agreement shall be found to be contrary to
law, it is the intent of the parties that the remaining portions shall remain valid and in full
force and effect to the extent possible.
XIV.
The undersigned officers and/or agents of the parties are the properly authorized
officials and have the necessary authority to execute this agreement on behalf of the
parties. Each party hereby certifies to the other that any resolutions necessary for this
Agreement have been duly passed and are now in full force and effect.
Executed in duplicate originals this, 14th day of July 2015.
Town Council Page 80 of 269 Meeting Date: July 14, 2015
Page 13 of 14
COUNTY MUNICIPALITY
Denton County Town of Trophy Club
110 West Hickory 100 Municipal Drive
Denton, Texas 76201 Trophy Club, Texas 76262
BY: BY:
Honorable Mary Horn Honorable C. Nick Sanders
Denton County Judge Mayor
ATTEST: ATTEST:
BY: BY:
Juli Luke Holly Fimbres
Denton County Clerk Town Secretary
APPROVED FORM AND CONTENT: APPROVED AS TO FORM:
Michelle French
Denton County
Tax Assessor/Collector
Denton County Assistant
District Attorney
Town Council Page 81 of 269 Meeting Date: July 14, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0466-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:7/8/2015 Town Council
On agenda:Final action:7/14/2015
Title: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.
Attachments:2015 ILA for Public Improvement Assessment Collection between Denton County and TC PID No. 1
Action ByDate Action ResultVer.
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.
Town Council Page 82 of 269 Meeting Date: July 14, 2015
THE STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT FOR PUBLIC IMPROVEMENT
ASSESSMENT COLLECTION BETWEEN DENTON COUNTY, TEXAS AND TOWN OF
TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1
THIS AGREEMENT is made and entered into this _______ day of ________________, 2015,
by and between DENTON COUNTY, a political subdivision of the State of Texas,
hereinafter referred to as "COUNTY," and TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT
DISTRICT NO. 1, Denton County, Texas, also a political subdivision of the State of Texas, hereinafter
referred to as "TOWN."
WHEREAS, COUNTY and TOWN mutually desire to be subject to the provisions of V.T.C.A.
Government Code, Chapter 791, the Interlocal Cooperation Act; and
WHEREAS, pursuant to Chapter 372 of the Texas Local Government Code, Subchapter A,
TOWN has created TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1,
hereinafter referred to as “DISTRICT,” and has levied special assessments on properties within the
boundaries of the of the DISTRICT to pay the costs of certain infrastructure improvements to the
DISTRICT, and
WHEREAS, pursuant to § 372.0175 of the Texas Local Government Code, DISTRICT has the
authority to contract with the COUNTY to perform the duties of TOWN relating to collection of special
assessments levied by DISTRICT under Chapter 372, Subchapter A; and
NOW THEREFORE, COUNTY and TOWN, for and in consideration of the mutual promises,
covenants, and agreements herein contained, do agree as follows:
I.
The effective date of this Agreement shall be the 1st day of October, 2015. The term of this
Agreement shall be for a period of one year, from October 1, 2015, to and through September 30, 2016.
II.
For the purposes and consideration herein stated and contemplated, COUNTY shall provide the
following necessary and appropriate services for TOWN to the maximum extent authorized by this
Agreement, without regard to race, sex, religion, color, age, disability, or national origin:
1. COUNTY, by and through its duly qualified tax assessor-collector, shall collect
DISTRICT assessments for tax year 2015. TOWN does hereby expressly authorize COUNTY and
COUNTY agrees to do and perform for TOWN all acts necessary and proper to collect said DISTRICT
assessments. COUNTY agrees to collect base assessments, penalties, interest, and attorney's fees.
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Town Council Page 83 of 269 Meeting Date: July 14, 2015
2. COUNTY agrees to prepare and mail all assessment statements (included on the tax
statement for each parcel), provide monthly collection reports to TOWN, maintain both current and
delinquent assessment rolls, disburse assessment monies to TOWN daily (business day) based on prior
day assessment postings, and to develop and maintain such other records and forms as are necessary or
required by State law, rules or regulations.
3. If COUNTY determines, based on DISTRICT assessment roll, that a person erred in
paying a DISTRICT assessment by making a duplicate payment or payment on the wrong account,
COUNTY agrees to refund the payment to the person who erred in making it from current DISTRICT
assessment collections. COUNTY agrees that such refund will be made as soon as practicable after
COUNTY discovers the erroneous payment. The refund shall be accompanied by a description of the
property subject to the assessment sufficient to identify the property. If the property is assigned an
account number, COUNTY shall include that number.
4. If COUNTY determines, based on DISTRICT assessment roll, that there has been an
overpayment of a DISTRICT assessment, COUNTY shall send the owner a refund application. Upon
owner’s return of the accurate and fully completed refund application, COUNTY will issue, from current
DISTRICT assessment collections, a refund of the overpayment.
5. COUNTY agrees to develop and maintain written policies and procedures of its
operation. COUNTY further agrees to make available full information about the operation of the County
Tax Office to TOWN, and to promptly furnish written reports to keep TOWN informed of all financial
information affecting it.
6. TOWN agrees to promptly deliver to COUNTY all records that it has accumulated and
developed in the collection of assessments, and to cooperate in furnishing or locating any other
information and records needed by COUNTY to perform its duties under the terms and conditions of this
Agreement.
7. COUNTY agrees to allow an audit of the assessment collection records of TOWN in
COUNTY’S possession during normal working hours with at least 48 hours advance, written notice to
COUNTY. The expense of any and all such audits shall be paid by TOWN. A copy of any and all such
audits shall be furnished to COUNTY.
8. COUNTY agrees that it will post a notice on its website, as a reminder that delinquent
assessment penalties will apply to all assessments which are not paid by January 31, 2016. COUNTY
agrees to mail a reminder notice to delinquent assessment accounts in the month of February notifying
that delinquent penalties will apply to all assessments which are not paid by January 31, 2016. The
reminder notices will be mailed between February 5th and February 28th.
9. COUNTY agrees that it will post to a secure website collection reports for TOWN
listing current assessments, delinquent assessments, and penalties and interest on a daily basis through
September 30, 2016. COUNTY will provide monthly collection reports, monthly recap reports, and
monthly attorney fee collection reports.
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10. TOWN retains its right to select its own delinquent assessment/collection attorney and
COUNTY agrees to reasonably cooperate with the attorney selected by TOWN in the collection of
delinquent assessments and related activities.
11. TOWN will provide COUNTY with notice of any change in collection attorney on or
before the effective date of the new collection attorney contract.
III.
COUNTY hereby designates the Denton County Tax Assessor/ Collector to act on behalf of the
County Tax Office and to serve as Liaison for COUNTY with TOWN. The County Tax
Assessor/Collector, and/or his/her designee, shall ensure the performance of all duties and obligations of
COUNTY; shall devote sufficient time and attention to the execution of said duties on behalf of
COUNTY in full compliance with the terms and conditions of this Agreement; and shall provide
immediate and direct supervision of the County Tax Office employees, agents, contractors,
subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this
Agreement for the mutual benefit of COUNTY and TOWN.
IV.
It is understood and agreed between COUNTY and TOWN that the TOWN, in performing its
obligations hereunder, is acting independently, and the COUNTY assumes no responsibility or liabilities
in connection therewith to third parties. It is further understood and agreed between COUNTY and
TOWN that the COUNTY, in performing its obligations hereunder, is acting independently, and the
TOWN assumes no responsibilities in connection therewith to third parties. Nothing in this
AGREEMENT is intended to benefit any third party beneficiary. TOWN agrees that it will protect,
defend, indemnify, and hold harmless COUNTY and all of its officers, agents, and employees from and
against all claims, demands, causes of action, damages, judgments, losses and expenses, including
attorney’s fees, of whatsoever nature, character, or description that any person or entity has or may have
arising from or on account of any injuries or damages received or sustained by person, persons, or
property, on account of or arising out of, or in connection with the performance of the services, including
without limiting the generality of the foregoing, any negligent act or omission of the TOWN or any
employee, officer, agent, subcontractor, servant, invitee, or assignee of the TOWN in the execution or
performance of this AGREEMENT to the extent allowed by law. This provision shall survive the
termination of this AGREEMENT.
V.
COUNTY accepts responsibility for the acts, negligence, and/or omissions of all COUNTY
employees and agents, sub-contractors and /or contract laborers, and for those actions of other persons
doing work under a contract or agreement with COUNTY to the extent allowed by law.
VI.
TOWN accepts responsibility for the acts, negligence, and/or omissions of all TOWN employees
and agents, sub-contractors and/or contract laborers, and for those of all other persons doing work under a
contract or agreement with TOWN to the extent allowed by law.
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VII.
TOWN understands and agrees that TOWN, its employees, servants, agents, and representatives
shall at no time represent themselves to be employees, servants, agents, and/or representatives of
COUNTY. COUNTY understands and agrees that COUNTY, its employees, servants, agents, and
representatives shall at no time represent themselves to be employees, servants, agents, and/or
representatives of TOWN.
VIII.
For the services rendered during the 2015 assessment year, TOWN agrees to pay COUNTY for
the receipting, bookkeeping, issuing, and mailing of assessment statements as follows:
1. The current assessment statements will be mailed by October 10th or as soon thereafter as
practical. If TOWN does not provide COUNTY with an assessment roll identifying the assessments
levied by TOWN’s governing body under Local Government Code Section 372.017 on or before
September 10, 2015, COUNTY may charge a $5,000.00 late processing fee, plus the per statement fee
not to exceed $0.69 each. The assessment roll is to be in the form of a spreadsheet as required by the Tax
Assessor/Collector and delivered to the Tax Assessor/Collector; delivery may be by CD, or FTP. All
assessments become due on receipt of the tax statement each year.
2. All unpaid assessments become delinquent on February 1st of the year following the
assessment year. Penalty and interest fees accrue at the same rate and time schedule as the same year’s ad
valorem property tax. (Tax Code, Section 31.02(a), and 33.01(a)).
3. Delinquent assessment collection attorneys become involved at the same times as do the
delinquent ad valorem property tax attorneys. (Tax Code, Sections 6.30, 33.07, 33.08, 33.11, and 33.48)
4. An additional notice will be sent during the month of March following the initial mailing
provided that TOWN has requested such a notice on or before February 28th. The fee for this service will
be a rate not to exceed $0.69.
5. At least 30 days, but no more than 60 days, prior to April 1st, and following the initial
mailing, a delinquent assessment statement meeting the requirements of Section 33.11 of the Texas
Property Tax Code will be mailed to the owner of each parcel having delinquent assessments.
6. At least 30 days, but no more than 60 days, prior to July 1st, and following the initial
mailing, a delinquent assessment statement meeting the requirements of Section 33.07 of the Texas
Property Tax Code will be mailed to the owner of each parcel having delinquent assessments.
7. For accounts which become delinquent on or after June 1st, COUNTY shall mail a
delinquent tax statement meeting the requirements of Section 33.08 of the Texas Property Tax Code to
the owner of each parcel having delinquent assessments.
8. In the event DISTRICT levies a supplemental assessment by order of its governing body
after the assessment statements have already been mailed, TOWN shall provide COUNTY with an
updated assessment roll identifying the assessments levied by TOWN’s governing body under Local
Government Code Section 372.017, as corrected by any supplemental assessments levied by its governing
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Town Council Page 86 of 269 Meeting Date: July 14, 2015
body under Section 372.019. TOWN agrees to pay COUNTY a programming charge of $5,000.00.
COUNTY will mail corrected statements to the owner of each affected parcel. County will charge a fee
for preparing and mailing will be at rate not to exceed $0.69 per corrected statement.
9. TOWN understands and agrees that COUNTY will, no later than January 31st, deduct
from current collections of DISTRICT the “Total Cost” of providing all services described in paragraphs
1-5 above. This “Total Cost” includes any such services that have not yet been performed at the time of
deduction. The “Total Cost” of providing all services described in paragraphs 1-5 above shall be the total
of:
$ 0.69 x the total number of parcels on DISTRICT Assessment Roll as reported on September
30, 2014 end of year assessment roll. In the event costs for additional delayed tax statements, processing
and mailing are incurred as described in paragraph 1, COUNTY shall bill TOWN for such amounts.
TOWN shall pay COUNTY all billed amounts within 30 days of its receipt of said bill.
TOWN further understands and agrees that COUNTY (at its sole discretion) may increase or
decrease the amounts charged to TOWN for any renewal year of this Agreement, provided that
COUNTY gives written notice to TOWN sixty (60) days prior to the expiration date of the initial term of
the Agreement. The County Budget Office establishes collection rates annually based on a survey of
actual annual costs incurred by the COUNTY in performing tax collection services. The collection rate
for each year is approved by County Commissioners’ Court. All entities are assessed the same per parcel
collection rate.
IX.
COUNTY agrees to remit all assessments, penalties, and interest collected on TOWN’s behalf
and to deposit such funds into the TOWN depositories, as designated:
1. For deposits of assessments, penalties, and interest, payment shall be by wire transfer or
ACH to TOWN depository accounts only. Only in the event of failure of electronic transfer protocol will
a check for deposits of assessments, penalty and interest be sent by mail to TOWN.
2. If TOWN uses the same depository as COUNTY, the deposits assessments, penalty and
interest shall be by deposit transfer.
3. In anticipation of renewal of this Agreement, COUNTY further agrees that deposits will
be made daily through September 30, 2016. It is expressly understood, however, that this obligation of
COUNTY shall not survive termination of this Agreement, whether by termination by either party or by
failure of the parties to renew this Agreement.
4. In event that COUNTY experiences shortage in collections as a result of an outstanding
assessment debt of TOWN, the TOWN agrees a payment in the amount of shortage shall be made by
check or ACH to COUNTY within 15 days after notification of such shortage.
5. In the event of termination, the withdrawing party shall be obligated to make such payments as
are required by this Agreement through the balance of the assessment year in which notice is given.
COUNTY shall be obligated to provide services pursuant to this Agreement, during such period.
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XI.
This Agreement represents the entire agreement between TOWN and COUNTY and supersedes
all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by the governing bodies of both TOWN and COUNTY or
those authorized to sign on behalf of those governing bodies.
XII.
Any and all written notices required to be given under this Agreement shall be delivered or
mailed to the listed addresses:
COUNTY:
County Judge of Denton County
110 West Hickory
Denton, Texas 76201
Telephone 940-349-2820
TOWN:
Trophy Club Public Improvement District No. 1 (Infrastructure)
100 Municipal Drive
Trophy Club, Texas 76262
Telephone: 682-831-4600 Email: sglickman@trophyclub.org
XIII.
TOWN hereby designates Steven Glickman, Assistant Town Manager/Chief Financial Officer,
to act on behalf of TOWN, and to serve as Liaison for TOWN to ensure the performance of all duties
and obligations of TOWN as stated in this Agreement. TOWN designee shall devote sufficient time and
attention to the execution of said duties on behalf of TOWN in full compliance with the terms and
conditions of this Agreement; shall provide immediate and direct supervision of the TOWN employees,
agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and
conditions of this Agreement for the mutual benefit of TOWN and COUNTY.
XIV.
In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent
of the parties that the remaining portions shall remain valid and in full force and effect to the extent
possible.
XV.
The undersigned officers and/or agents of the parties are the properly authorized officials and
have the necessary authority to execute this agreement on behalf of the parties. Each party hereby certifies
to the other that any resolutions necessary for this Agreement have been duly passed and are now in full
force and effect. Executed in duplicate originals this ______ day of __________________ 2015.
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COUNTY TOWN
Denton County Trophy Club
110 West Hickory 100 Municipal Drive
Denton, Texas 76201 Trophy Club, Texas 76262
BY: ____________________________ BY: _________________________
Honorable Mary Horn Honorable C. Nick Sanders
Denton County Judge Mayor
ATTEST: ATTEST:
BY: ___________________________ BY: _________________________
Juli Luke Holly Fimbres
Denton County Clerk Town Secretary
APPROVED FORM AND CONTENT:
___________________________
Michelle French
Denton County Tax Assessor/Collector
APPROVED AS TO FORM: __________________________________
Denton County Assistant District Attorney
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Town Council Page 89 of 269 Meeting Date: July 14, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0467-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:7/8/2015 Town Council
On agenda:Final action:7/14/2015
Title: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.
Attachments:2015 ILA for Tax Collection between Denton County and TC PID No. 1 (Emergency Services
Action ByDate Action ResultVer.
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.
Town Council Page 90 of 269 Meeting Date: July 14, 2015
THE STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT FOR TAX COLLECTION BETWEEN
DENTON COUNTY, TEXAS AND TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT
DISTRICT NO 1 EMERGENCY SERVICES
THIS AGREEMENT is made and entered into this _____ day of __________________, 2015,
by and between DENTON COUNTY, a political subdivision of the State of Texas,
hereinafter referred to as "COUNTY," and TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT
NO. 1 (EMERGENCY SERVICES ASSESSMENT), Denton County, Texas, also a political
subdivision of the State of Texas, hereinafter referred to as "TOWN."
WHEREAS, COUNTY and TOWN mutually desire to be subject to the provisions of V.T.C.A.
Government Code, Chapter 791, the Interlocal Cooperation Act; and
WHEREAS, pursuant to Chapter 372 of the Texas Local Government Code, Subchapter A,
TOWN has created TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1
(EMERGENCY SERVICES), hereinafter referred to as “DISTRICT,” and has levied special
assessments on properties within the boundaries of the DISTRICT to pay the costs of emergency
services to the DISTRICT, and
WHEREAS, pursuant to §372.0175 of the Texas Local Government Code, TOWN has the
authority to contract with the COUNTY to perform the duties of TOWN relating to collection of special
assessments levied by DISTRICT under Chapter 372, Subchapter A; and
NOW THEREFORE, COUNTY and TOWN, for and in consideration of the mutual promises,
covenants, and agreements herein contained, do agree as follows:
I.
The effective date of this Agreement shall be the 1st day of October, 2015. The term of this
Agreement shall be for a period of one year, from October 1, 2015, to and through September 30, 2016.
II.
For the purposes and consideration herein stated and contemplated, COUNTY shall provide the
following necessary and appropriate services for TOWN to the maximum extent authorized by this
Agreement, without regard to race, sex, religion, color, age, disability, or national origin:
1. COUNTY, by and through its duly qualified tax assessor-collector, shall collect
DISTRICT assessments for tax year 2015. TOWN does hereby expressly authorize COUNTY and
COUNTY agrees to do and perform for TOWN all acts necessary and proper to collect said DISTRICT
assessments. COUNTY agrees to collect base assessments, penalties, interest, and attorney's fees.
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Town Council Page 91 of 269 Meeting Date: July 14, 2015
2. COUNTY agrees to prepare and mail all assessment statements (included on the tax
statement for each parcel), provide monthly collection reports to TOWN, maintain both current and
delinquent assessment rolls, disburse assessment monies to TOWN daily (business day) based on prior
day assessment postings, and to develop and maintain such other records and forms as are necessary or
required by State law, rules or regulations.
3. If COUNTY determines, based on DISTRICT assessment roll, that a person erred in
paying a DISTRICT assessment by making a duplicate payment or payment on the wrong account,
COUNTY agrees to refund the payment to the person who erred in making it from current DISTRICT
assessment collections. COUNTY agrees that such refund will be made as soon as practicable after
COUNTY discovers the erroneous payment. The refund shall be accompanied by a description of the
property subject to the assessment sufficient to identify the property. If the property is assigned an
account number, COUNTY shall include that number.
4. If COUNTY determines, based on DISTRICT assessment roll, that there has been an
overpayment of a DISTRICT assessment, COUNTY shall send the owner a refund application. Upon
owner’s return of the accurate and fully completed refund application, COUNTY will issue, from current
DISTRICT assessment collections, a refund of the overpayment.
5. COUNTY agrees to develop and maintain written policies and procedures of its
operation. COUNTY further agrees to make available full information about the operation of the County
Tax Office to TOWN, and to promptly furnish written reports to keep TOWN informed of all financial
information affecting it.
6. TOWN agrees to promptly deliver to COUNTY all records that it has accumulated and
developed in the collection of assessments, and to cooperate in furnishing or locating any other
information and records needed by COUNTY to perform its duties under the terms and conditions of this
Agreement.
7. COUNTY agrees to allow an audit of the assessment collection records of TOWN in
COUNTY’S possession during normal working hours with at least 48 hours advance, written notice to
COUNTY. The expense of any and all such audits shall be paid by TOWN. A copy of any and all such
audits shall be furnished to COUNTY.
8. COUNTY agrees that it will post a notice on its website, as a reminder that delinquent
assessment penalties will apply to all assessments which are not paid by January 31, 2016. COUNTY
agrees to mail a reminder notice to delinquent assessment accounts in the month of February notifying
that delinquent penalties will apply to all assessments which are not paid by January 31, 2016. The
reminder notices will be mailed between February 5th and February 28th.
9. COUNTY agrees that it will post to a secure website collection reports for TOWN
listing current assessments, delinquent assessments, and penalties and interest on a daily basis through
September 30, 2016. COUNTY will provide monthly collection reports, monthly recap reports, and
monthly attorney fee collection reports.
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Town Council Page 92 of 269 Meeting Date: July 14, 2015
10. TOWN retains its right to select its own delinquent assessment/collection attorney and
COUNTY agrees to reasonably cooperate with the attorney selected by TOWN in the collection of
delinquent assessments and related activities.
11. TOWN will provide COUNTY with notice of any change in collection attorney on or
before the effective date of the new collection attorney contract.
III.
COUNTY hereby designates the Denton County Tax Assessor/ Collector to act on behalf of the
County Tax Office and to serve as Liaison for COUNTY with TOWN. The County Tax
Assessor/Collector, and/or his/her designee, shall ensure the performance of all duties and obligations of
COUNTY; shall devote sufficient time and attention to the execution of said duties on behalf of
COUNTY in full compliance with the terms and conditions of this Agreement; and shall provide
immediate and direct supervision of the County Tax Office employees, agents, contractors,
subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this
Agreement for the mutual benefit of COUNTY and TOWN.
IV.
It is understood and agreed between COUNTY and TOWN that the TOWN, in performing its
obligations hereunder, is acting independently, and the COUNTY assumes no responsibility or liabilities
in connection therewith to third parties. It is further understood and agreed between COUNTY and
TOWN that the COUNTY, in performing its obligations hereunder, is acting independently, and the
TOWN assumes no responsibilities in connection therewith to third parties. Nothing in this
AGREEMENT is intended to benefit any third party beneficiary. TOWN agrees that it will protect,
defend, indemnify, and hold harmless COUNTY and all of its officers, agents, and employees from and
against all claims, demands, causes of action, damages, judgments, losses and expenses, including
attorney’s fees, of whatsoever nature, character, or description that any person or entity has or may have
arising from or on account of any injuries or damages received or sustained by person, persons, or
property, on account of or arising out of, or in connection with the performance of the services, including
without limiting the generality of the foregoing, any negligent act or omission of the TOWN or any
employee, officer, agent, subcontractor, servant, invitee, or assignee of the TOWN in the execution or
performance of this AGREEMENT to the extent allowed by law. This provision shall survive the
termination of this AGREEMENT.
V.
COUNTY accepts responsibility for the acts, negligence, and/or omissions of all COUNTY
employees and agents, sub-contractors and /or contract laborers, and for those actions of other persons
doing work under a contract or agreement with COUNTY to the extent allowed by law.
VI.
TOWN accepts responsibility for the acts, negligence, and/or omissions of all TOWN employees
and agents, sub-contractors and/or contract laborers, and for those of all other persons doing work under a
contract or agreement with TOWN to the extent allowed by law.
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VII.
TOWN understands and agrees that TOWN, its employees, servants, agents, and representatives
shall at no time represent themselves to be employees, servants, agents, and/or representatives of
COUNTY. COUNTY understands and agrees that COUNTY, its employees, servants, agents, and
representatives shall at no time represent themselves to be employees, servants, agents, and/or
representatives of TOWN.
VIII.
For the services rendered during the 2015 assessment year, TOWN agrees to pay COUNTY for
the receipting, bookkeeping, issuing, and mailing of assessment statements as follows:
1. The current assessment statements will be mailed by October 10th or as soon thereafter as
practical. If TOWN does not provide COUNTY with an assessment roll identifying the assessments
levied by TOWN’s governing body under Local Government Code Section 372.017 on or before
September 10, 2015, COUNTY may charge a $5,000.00 late processing fee, plus the per statement fee
not to exceed $0.69 each. The assessment roll is to be in the form of a spreadsheet as required by the Tax
Assessor/Collector and delivered to the Tax Assessor/Collector; delivery may be by CD, or FTP. All
assessments become due on receipt of the tax statement each year.
2. All unpaid assessments become delinquent on February 1st of the year following the
assessment year. Penalty and interest fees accrue at the same rate and time schedule as the same year’s ad
valorem property tax. (Tax Code, Section 31.02(a), and 33.01(a)).
3. Delinquent assessment collection attorneys become involved at the same times as do the
delinquent ad valorem property tax attorneys. (Tax Code, Sections 6.30, 33.07, 33.08, 33.11, and 33.48)
4. An additional notice will be sent during the month of March following the initial mailing
provided that TOWN has requested such a notice on or before February 28th. The fee for this service will
be a rate not to exceed $0.69.
5. At least 30 days, but no more than 60 days, prior to April 1st, and following the initial
mailing, a delinquent assessment statement meeting the requirements of Section 33.11 of the Texas
Property Tax Code will be mailed to the owner of each parcel having delinquent assessments.
6. At least 30 days, but no more than 60 days, prior to July 1st, and following the initial
mailing, a delinquent assessment statement meeting the requirements of Section 33.07 of the Texas
Property Tax Code will be mailed to the owner of each parcel having delinquent assessments.
7. For accounts which become delinquent on or after June 1st, COUNTY shall mail a
delinquent tax statement meeting the requirements of Section 33.08 of the Texas Property Tax Code to
the owner of each parcel having delinquent assessments.
8. In the event DISTRICT levies a supplemental assessment by order of its governing body
after the assessment statements have already been mailed, TOWN shall provide COUNTY with an
updated assessment roll identifying the assessments levied by TOWN’s governing body under Local
Government Code Section 372.017, as corrected by any supplemental assessments levied by its governing
4
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body under Section 372.019. TOWN agrees to pay COUNTY a programming charge of $5,000.00.
COUNTY will mail corrected statements to the owner of each affected parcel. County will charge a fee
for preparing and mailing will be at rate not to exceed $0.69 per corrected statement.
9. TOWN understands and agrees that COUNTY will, no later than January 31st, deduct
from current collections of DISTRICT the “Total Cost” of providing all services described in paragraphs
1-5 above. This “Total Cost” includes any such services that have not yet been performed at the time of
deduction. The “Total Cost” of providing all services described in paragraphs 1-5 above shall be the total
of:
$ 0.69 x the total number of parcels on DISTRICT Assessment Roll as reported on September
30, 2014 end of year assessment roll. In the event costs for additional delayed tax statements, processing
and mailing are incurred as described in paragraph 1, COUNTY shall bill TOWN for such amounts.
TOWN shall pay COUNTY all billed amounts within 30 days of its receipt of said bill.
TOWN further understands and agrees that COUNTY (at its sole discretion) may increase or
decrease the amounts charged to TOWN for any renewal year of this Agreement, provided that
COUNTY gives written notice to TOWN sixty (60) days prior to the expiration date of the initial term of
the Agreement. The County Budget Office establishes collection rates annually based on a survey of
actual annual costs incurred by the COUNTY in performing tax collection services. The collection rate
for each year is approved by County Commissioners’ Court. All entities are assessed the same per parcel
collection rate.
IX.
COUNTY agrees to remit all assessments, penalties, and interest collected on TOWN’s behalf
and to deposit such funds into the TOWN depositories, as designated:
1. For deposits of assessments, penalties, and interest, payment shall be by wire transfer or
ACH to TOWN depository accounts only. Only in the event of failure of electronic transfer protocol will
a check for deposits of assessments, penalty and interest be sent by mail to TOWN.
2. If TOWN uses the same depository as COUNTY, the deposits assessments, penalty and
interest shall be by deposit transfer.
3. In anticipation of renewal of this Agreement, COUNTY further agrees that deposits will
be made daily through September 30, 2016. It is expressly understood, however, that this obligation of
COUNTY shall not survive termination of this Agreement, whether by termination by either party or by
failure of the parties to renew this Agreement.
4. In event that COUNTY experiences shortage in collections as a result of an outstanding
assessment debt of TOWN, the TOWN agrees a payment in the amount of shortage shall be made by
check or ACH to COUNTY within 15 days after notification of such shortage.
5. In the event of termination, the withdrawing party shall be obligated to make such payments as
are required by this Agreement through the balance of the assessment year in which notice is given.
COUNTY shall be obligated to provide services pursuant to this Agreement, during such period.
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XI.
This Agreement represents the entire agreement between TOWN and COUNTY and supersedes
all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by the governing bodies of both TOWN and COUNTY or
those authorized to sign on behalf of those governing bodies.
XII.
Any and all written notices required to be given under this Agreement shall be delivered or
mailed to the listed addresses:
COUNTY:
County Judge of Denton County
110 West Hickory
Denton, Texas 76201
Telephone 940-349-2820
TOWN:
Trophy Club Public Improvement District No. 1 (Emergency Services)
100 Municipal Drive
Trophy Club, Texas 76262
Telephone: 682-831-4600 Email: sglickman@trophyclub.org
XIII.
TOWN hereby designates Steven Glickman, Assistant Town Manager/Chief Financial Officer,
to act on behalf of TOWN, and to serve as Liaison for TOWN to ensure the performance of all duties
and obligations of TOWN as stated in this Agreement. TOWN designee shall devote sufficient time and
attention to the execution of said duties on behalf of TOWN in full compliance with the terms and
conditions of this Agreement; shall provide immediate and direct supervision of the TOWN employees,
agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and
conditions of this Agreement for the mutual benefit of TOWN and COUNTY.
XIV.
In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent
of the parties that the remaining portions shall remain valid and in full force and effect to the extent
possible.
XV.
The undersigned officers and/or agents of the parties are the properly authorized officials and
have the necessary authority to execute this agreement on behalf of the parties. Each party hereby certifies
to the other that any resolutions necessary for this Agreement have been duly passed and are now in full
force and effect. Executed in duplicate originals this ______ day of __________________ 2015.
6
Town Council Page 96 of 269 Meeting Date: July 14, 2015
COUNTY TOWN
Denton County Trophy Club
110 West Hickory 100 Municipal Drive
Denton, Texas 76201 Trophy Club, Texas 76262
BY: ____________________________ BY: _________________________
Honorable Mary Horn Honorable C. Nick Sanders
Denton County Judge Mayor
ATTEST: ATTEST:
BY: ___________________________ BY: _________________________
Juli Luke Holly Fimbres
Denton County Clerk Town Secretary
APPROVED FORM AND CONTENT:
___________________________
Michelle French
Denton County Tax Assessor/Collector
APPROVED AS TO FORM: __________________________________
Denton County Assistant District Attorney
7
Town Council Page 97 of 269 Meeting Date: July 14, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0445-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/29/2015 Town Council
On agenda:Final action:7/14/2015
Title:Receive an update from GSBS regarding the Police and Town Hall facility; discuss and provide
direction regarding update, facility, timeline and project schedule.
Attachments:
Action ByDate Action ResultVer.
Receive an update from GSBS regarding the Police and Town Hall facility; discuss and provide direction regarding
update, facility, timeline and project schedule.
Town Council Page 98 of 269 Meeting Date: July 14, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0436-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/29/2015 Town Council
On agenda:Final action:7/14/2015
Title: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.
Attachments:
Action ByDate Action ResultVer.
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.
Town Council Page 99 of 269 Meeting Date: July 14, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0442-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/29/2015 Town Council
On agenda:Final action:7/14/2015
Title: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.
Attachments:Staff Report - 2007 GO Bond Refunding.pdf
Bid Results.pdf
Savings Summary.pdf
ORD 2015-15.pdf
Action ByDate Action ResultVer.
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.
Town Council Page 100 of 269 Meeting Date: July 14, 2015
To: Mayor and Town Council
From: Steven Glickman, Assistant Town Manager/CFO
CC: Stephen Seidel, Town Manager
Holly Fimbres, Town Secretary
Re: 2007 GO Bond Refunding
Town Council Meeting, July 14, 2015
Agenda Item:
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.
Explanation:
Town Staff has worked with our financial advisor, Mark McLiney, of SAMCO Capital Markets to
refund the Town’s 2007 GO bonds. The bonds were originally issued for street and drainage
improvements. The Town had six banks bid on the refunded bonds with First National Bank of
Texas being the low bidder with an interest rate of 2.18% and no additional costs to the Town.
The interest savings total $218,561 and refunding the debt would allow the Town to maintain
its current $0.11 debt service tax rate. Town Council received an overview of this refunding, its
effect on the tax rate and future capital projects at the April 14 th meeting, and a second update
by Mr. McLiney at the June 3rd meeting.
Attachments:
Bid Results
Savings Summary
Ordinance No. 2015-15
Recommendation:
Staff recommends approval of the ordinance and sale of the refunding bonds as presented.
Town Council Page 101 of 269 Meeting Date: July 14, 2015
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Meeting Date: July 14, 2015
FYE
(9/30)
Outstanding
Debt Service
Less:
Refunded
Bonds Principal Interest Total
New
Outstanding
Debt Service Savings
Revenue
with $0.11
I&S Rate
2015 $1,541,241 $1,541,241 ‐$
2016 $1,423,277 $78,893 1,945,000$ 126,255$ $396,713 $1,741,097 (317,820) $1,741,837
2017 $1,130,236 $78,893 1,980,000 96,925 $76,624 $1,127,967 2,269
2018 $1,136,291 $78,893 2,015,000 67,423 $75,752 $1,133,150 3,141
2019 $1,136,965 $248,893 1,020,000 37,399 $244,880 $1,132,953 4,013
2020 $1,141,421 $252,093 1,030,000 22,201 $250,302 $1,139,630 1,791
2021 $1,132,876 $249,668 460,000 6,854 $245,506 $1,128,715 4,162
2022 $1,139,754 $251,990 $250,710 $1,138,474 1,280
2023 $929,895 $253,703 ‐ 250,696 $250,696 $926,889 3,007
2024 $924,125 $254,990 ‐ $250,573 $919,708 4,417
2025 $890,732 $250,745 ‐ $250,341 $890,328 404
2026 $911,466 $256,120 ‐ ‐ ‐ $655,346 256,120
2027 $911,032 $255,780 ‐ ‐ ‐ $655,252 255,780
2028 $682,425 ‐ ‐ ‐ ‐ $682,425 ‐
2029 $557,744 ‐ ‐ ‐ ‐ $557,744 ‐
2030 $558,200 ‐ ‐ ‐ ‐ $558,200 ‐
2031 $172,863 ‐ ‐ ‐ ‐ $172,863 ‐
2032 $172,613 ‐ ‐ ‐ ‐ $172,613 ‐
2033 $172,188 ‐ ‐ ‐ ‐ $172,188 ‐
2034 $171,188 ‐ ‐ ‐ ‐ $171,188 ‐
Total 16,836,528$ 2,510,658$ 8,450,000$ 607,752$ 2,292,097$ 16,617,967$ 218,561$
Refunding Results
Town of Trophy Club, Texas
________The Bonds________
Town Council Page 103 of 269 Meeting Date: July 14, 2015
#4929796.1
ORDINANCE NO. 2015-15
relating to
$2,030,000
TOWN OF TROPHY CLUB, TEXAS
GENERAL OBLIGATION REFUNDING BONDS
SERIES 2015
Adopted: July 14, 2015
Town Council Page 104 of 269 Meeting Date: July 14, 2015
(i)
#4929796.1
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
ARTICLE III
AUTHORIZATION; GENERAL TERMS AND PROVISIONS
REGARDING THE BONDS
Section 3.1. Authorization. ..........................................................................................................5
Section 3.2. Date, Denomination, Maturities and Interest. ..........................................................5
Section 3.3. Medium, Method and Place of Payment. .................................................................6
Section 3.4. Execution and Registration of Bonds. .....................................................................7
Section 3.5. Ownership. ...............................................................................................................8
Section 3.6. Registration ..............................................................................................................8
Section 3.7. Cancellation. ............................................................................................................9
Section 3.8. Temporary Bonds.....................................................................................................9
Section 3.9. 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 Payment. ..................................................................................................13
Town Council Page 105 of 269 Meeting Date: July 14, 2015
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#4929796.1
ARTICLE V
PAYING AGENT/REGISTRAR
Section 5.1. Appointment of Initial Paying Agent/Registrar. ....................................................13
Section 5.2. Qualifications. ........................................................................................................13
Section 5.3. Maintaining Paying Agent/Registrar. ....................................................................13
Section 5.4. Termination. ...........................................................................................................13
Section 5.5. Notice of Change to Owners. .................................................................................13
Section 5.6. Agreement to Perform Duties and Functions.........................................................14
Section 5.7. 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
Town Council Page 106 of 269 Meeting Date: July 14, 2015
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#4929796.1
Section 9.8. Arbitrage Rebate. ...................................................................................................24
Section 9.9. Information Reporting. ..........................................................................................24
Section 9.10. Record Retention. ..................................................................................................24
Section 9.11. Registration. ...........................................................................................................24
Section 9.12. Deliberate Actions. ................................................................................................25
Section 9.13. Continuing Obligation. ..........................................................................................25
ARTICLE X
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 14.1. Changes to Ordinance. ...........................................................................................27
Section 14.2. Partial Invalidity.....................................................................................................27
Section 14.3. No Personal Liability. ............................................................................................28
Town Council Page 107 of 269 Meeting Date: July 14, 2015
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#4929796.1
ARTICLE XV
EFFECTIVE IMMEDIATELY
Section 15.1. Effective Immediately. ...........................................................................................28
Schedule I - Refunded Bonds ...................................................................................................... S-1
Town Council Page 108 of 269 Meeting Date: July 14, 2015
#4929796.1
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 PAYING 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 any 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 Government 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, together 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
WHEREAS, 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 this
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 provisions of Chapter 551, Texas
Government Code, as amended; Now Therefore,
Town Council Page 109 of 269 Meeting Date: July 14, 2015
2
#4929796.1
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB:
ARTICLE I
DEFINITIONS AND OTHER PRELIMINARY MATTERS
Section 1.1. 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 of New York Mellon Trust Company, N.A.
“Escrow Agreement” means the Escrow Agreement relating to the Bonds, dated as of
July 14, 2015, by and between the Escrow Agent and the Town.
“Escrow Fund” means the fund referred to in Section 12.1 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.
Town Council Page 110 of 269 Meeting Date: July 14, 2015
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#4929796.1
“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
Town Council Page 111 of 269 Meeting Date: July 14, 2015
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#4929796.1
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 provisions 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 lawfully 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.
Town Council Page 112 of 269 Meeting Date: July 14, 2015
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#4929796.1
Section 2.2. Interest and Sinking Fund.
(a) The Town hereby establishes a special fund or account, to be designated the
“Town of Trophy 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 solely 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 designated “Town of Trophy Club, Texas, General Obligation
Refunding Bonds, Series 2015,” are hereby authorized to be issued and delivered in accordance
with the Constitution and laws of the State of Texas, including specifically Chapter 1207, Texas
Government Code, as amended. The Bonds shall be issued in the aggregate principal amount of
$2,030,000 for the purpose of: (a) providing 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 delivery 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 separately 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:
Term Bonds
Year
Principal
Amount Interest Rate
2025 $2,030,000 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 “Delivery 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) above.
Such interest shall be payable semiannually on each March 1 and September 1 of each year,
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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
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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.
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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
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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
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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 destroyed 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.
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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.
Term Bonds Maturing September 1, 2025
Redemption Date Redemption Amount Redemption Date Redemption Amount
September 1, 2016 $350,000 September 1, 2022 $230,000
September 1, 2017 40,000 September 1, 2023 235,000
September 1, 2018 40,000 September 1, 2024 240,000
September 1, 2019 210,000 September 1, 2025 245,000
September 1, 2020 220,000
September 1, 2021 220,000
(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.
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(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 of redemption 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.
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(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(f) hereof.
ARTICLE V
PAYING 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,
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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 thereby.
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 Generally.
(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 substantially 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
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Agent/Registrar and the form of Assignment appearing on the Bonds, shall be substantially as
follows:
(a) Form of Bond.
REGISTERED REGISTERED
No. __________ $________
United States of America
State of Texas
County of Hunt
TOWN OF TROPHY CLUB, TEXAS
GENERAL OBLIGATION REFUNDING BOND
SERIES 2015
INTEREST RATE: 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 1and 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
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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 month 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.
Term Bonds Maturing September 1, 2025
Redemption Date Redemption Amount Redemption Date Redemption Amount
September 1, 2016 $350,000 September 1, 2022 $230,000
September 1, 2017 40,000 September 1, 2023 235,000
September 1, 2018 40,000 September 1, 2024 240,000
September 1, 2019 210,000 September 1, 2025 245,000
September 1, 2020 220,000
September 1, 2021 220,000
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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
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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 caused 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 definitive
Bonds if such Certificate on the initial Bond is fully executed.
OFFICE OF THE COMPTROLLER §
OF PUBLIC ACCOUNTS § REGISTER NO. __________
OF THE STATE OF TEXAS §
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 examined 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, ________________.
____________________________________
Comptroller of Public Accounts
of the State of Texas
[SEAL]
(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
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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:
Authorized Signatory
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.
(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
RATE” and “MATURITY DATE” 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)
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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 of Insurance.
A statement relating to a municipal bond insurance policy, 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 7.1. 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 initially be registered in the
name of the Purchaser or its designee.
(b) All officers of the Town are authorized 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 hereby
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).
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(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 opinion 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.
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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 money
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 duly 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 any 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 comply 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.
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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.
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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.
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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.
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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 in any manner permitted by
applicable law.
ARTICLE XII
REDEMPTION OF OBLIGATIONS; 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.
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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.
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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.
Town Council Page 136 of 269 Meeting Date: July 14, 2015
Signature Page to Ordinance Authorizing Issuance of
General Obligation Refunding Bonds Series 2015
\
PASSED AND APPROVED this _____ day of July, 2015.
____________________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
____________________________________
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
____________________________________
Town Attorney
Town of Trophy Club, Texas
____________________________________
Bond Counsel
Town of Trophy Club, Texas
Town Council Page 137 of 269 Meeting Date: July 14, 2015
Schedule I–1
#4929796.1
SCHEDULE I
SCHEDULE OF REFUNDED BONDS
General Obligation Bonds, Series 2007
Original
Dated Date
Original
Maturity Date Interest Rates
Amount
Refunded
5/1/2007 9/1/2019 4.000% $170,000
9/1/2020 4.125 180,000
9/1/2021 4.150 185,000
9/1/2022 4.250 195,000
9/1/2023 4.250 205,000
9/1/2024 4.300 215,000
9/1/2025 4.375 220,000
9/1/2026 4.400 235,000
9/1/2027 4.400 245,000
$1,850,000
The 2019-2027 maturities will be redeemed prior to original maturity on September 1, 2017 at par.
Town Council Page 138 of 269 Meeting Date: July 14, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0441-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/29/2015 Town Council
On agenda:Final action:7/14/2015
Title: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.
Attachments:CON 2013-01 ILA for Fire Department Personnel Services with TCMUD1 - PASSED 01072013.pdf
Action ByDate Action ResultVer.
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.
Town Council Page 139 of 269 Meeting Date: July 14, 2015
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0437-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/29/2015 Town Council
On agenda:Final action:7/14/2015
Title: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.
Attachments:Rate Presentation Town 071415.pdf
Action ByDate Action ResultVer.
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.
Town Council Page 150 of 269 Meeting Date: July 14, 2015
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Meeting Date: July 14, 2015
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Meeting Date: July 14, 2015
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Meeting Date: July 14, 2015
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Meeting Date: July 14, 2015
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Meeting Date: July 14, 2015
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Meeting Date: July 14, 2015
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Meeting Date: July 14, 2015
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Pa
g
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16
1
of
26
9
Meeting Date: July 14, 2015
Ra
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u
n
c
i
l
Pa
g
e
16
2
of
26
9
Meeting Date: July 14, 2015
Pr
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16
3
of
26
9
Meeting Date: July 14, 2015
Pr
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residential.
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Co
u
n
c
i
l
Pa
g
e
16
4
of
26
9
Meeting Date: July 14, 2015
Pr
o
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c
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Pa
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16
5
of
26
9
Meeting Date: July 14, 2015
Pr
o
p
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s
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Se
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Ra
t
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Sc
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n
a
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c
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Pa
g
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16
6
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26
9
Meeting Date: July 14, 2015
Ra
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:
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16
7
of
26
9
Meeting Date: July 14, 2015
Ra
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8
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26
9
Meeting Date: July 14, 2015
Ra
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16
9
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26
9
Meeting Date: July 14, 2015
Ra
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17
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26
9
Meeting Date: July 14, 2015
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c
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17
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26
9
Meeting Date: July 14, 2015
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0465-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:7/7/2015 Town Council
On agenda:Final action:7/14/2015
Title: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.
Attachments:Interlocal Agreement for School Resource Officer and K9 Services.pdf
Interlocal Agreement for School Resource Officer Absent Student Assistance Program.pdf
Action ByDate Action ResultVer.
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.
Town Council Page 175 of 269 Meeting Date: July 14, 2015
SRO NISD FY2015-2016 Agreement
STATE OF TEXAS § Interlocal Agreement by and between
§ The Town of Trophy Club, Texas and
§ Northwest Independent School District
§ for School Resource Officer and K9 Services
This Agreement is entered into upon the date of the last party's signature to this
Agreement and is between the Town of Trophy Club, Texas, a home rule municipal corporation
located in Denton and Tarrant Counties (hereinafter referred to as the "Town"), and Northwest
Independent School District, A Texas District located in Denton, Tarrant and Wise Counties,
Texas (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 Interlocal 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:
Town Council Page 176 of 269 Meeting Date: July 14, 2015
SRO NISD FY2015-2016 Agreement
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 notif y
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.
Town Council Page 177 of 269 Meeting Date: July 14, 2015
SRO NISD FY2015-2016 Agreement
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.
Town Council Page 178 of 269 Meeting Date: July 14, 2015
SRO NISD FY2015-2016 Agreement
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”).
Works with Town K-9 Officer to provide K-9 services at District facilities
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.
III.
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
Town Council Page 179 of 269 Meeting Date: July 14, 2015
SRO NISD FY2015-2016 Agreement
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 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.
V.
Funding/Consideration
Funding for the School Resource Officer and K9 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 NO/100 DOLLARS ($54,187.00) for
the maintenance of the School Resource Officer. Notwithstanding the contribution of funds from
Town Council Page 180 of 269 Meeting Date: July 14, 2015
SRO NISD FY2015-2016 Agreement
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.
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 K9 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 K9 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.
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
Town Council Page 181 of 269 Meeting Date: July 14, 2015
SRO NISD FY2015-2016 Agreement
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
III, 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.
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 and the K9 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 III 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.
Town Council Page 182 of 269 Meeting Date: July 14, 2015
SRO NISD FY2015-2016 Agreement
X.
Governmental Immunity
Neither the Town nor the District waives or relinquishes any governmental immunities or
defenses on behalf of themselves, their trustees, officers, employees and agents as a result of
the execution of this Agreement and the performance of the functions or obligations hereunder.
Both parties agree that the services provided hereunder are exclusively governmental functions.
XI.
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.
Town Council Page 183 of 269 Meeting Date: July 14, 2015
SRO NISD FY2015-2016 Agreement
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.
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
this Agreement shall remain in full force and effect and shall in no way be affected, impaired 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, III, 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.
Town Council Page 184 of 269 Meeting Date: July 14, 2015
SRO NISD FY2015-2016 Agreement
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.
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 OF TROPHY CLUB, TEXAS
By: ________________________________ _________________
Mayor: C. Nick Sanders Date:
ATTEST: APPROVED AS TO FORM:
___________________________________ _____________________________
Town Secretary: Holly Fimbres Town Attorney, Patricia Adams
Town Council Page 185 of 269 Meeting Date: July 14, 2015
STATE OF TEXAS § Interlocal 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 this
Agreement and is between the Town of Trophy Club, Texas, a home rule municipal corporation
located in Denton and Tarrant Counties (hereinafter referred to as the "Town"), and Northwest
Independent School District, A Texas District located in Denton, Tarrant and Wise Counties,
Texas (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 Interlocal 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:
I.
SRO/ASAP NISD FY2015-2016 Agreement
Town Council Page 186 of 269 Meeting Date: July 14, 2015
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. The Town agrees to supply any
and all necessary equipment, including but not limited to uniforms, radio, computer, and any
other personal defense equipment f or 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.
• Provide a law enforcement resource when necessary to maintain the peace on the
District's property and campuses.
SRO/ASAP NISD FY2015-2016 Agreement
Town Council Page 187 of 269 Meeting Date: July 14, 2015
• 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 Page 188 of 269 Meeting Date: July 14, 2015
• 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.
III.
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
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,
as to not accrue District-initiated overtime for ASAP and specific District requests. Any conflict
SRO/ASAP NISD FY2015-2016 Agreement
Town Council Page 189 of 269 Meeting Date: July 14, 2015
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 NO/100 DOLLARS ($52,704.00) for the
maintenance of the School Resource Officer. Notwithstanding the contribution of funds from the
SRO/ASAP NISD FY2015-2016 Agreement
Town Council Page 190 of 269 Meeting Date: July 14, 2015
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 vehicle 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 Page 191 of 269 Meeting Date: July 14, 2015
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
III, 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 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
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 III 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
SRO/ASAP NISD FY2015-2016 Agreement
Town Council Page 192 of 269 Meeting Date: July 14, 2015
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 obligations 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 FY2015-2016 Agreement
Town Council Page 193 of 269 Meeting Date: July 14, 2015
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 herein 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 terms, sections, subsections, sentences, clauses,
phrases, provisions, covenants, conditions or any other part of this Agreement are for any
reason held to be invalid, void or unenforceable, the remainder of the terms, sections,
subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of
this Agreement shall remain in full force and effect and shall in no way be affected, impaired or
invalidated.
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, III, 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 Page 194 of 269 Meeting Date: July 14, 2015
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: Date:
ATTEST:
___________________________
APPROVED AS TO FORM:
TOWN OF TROPHY CLUB, TEXAS
By: ________________________________ _________________
Mayor: C. Nick Sanders Date:
ATTEST: APPROVED AS TO FORM:
___________________________________ _____________________________
Town Secretary: Holly Fimbres Town Attorney, Patricia Adams
SRO/ASAP NISD FY2015-2016 Agreement
Town Council Page 195 of 269 Meeting Date: July 14, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0440-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/29/2015 Town Council
On agenda:Final action:7/14/2015
Title:Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2014-2015
Budget of the Town (Budget Amendment No. 2).
Attachments:Staff Report - Budget Amendment No. 2 FY15.pdf
Ord 2015-14 Budget Amendment No 2.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2014-2015 Budget of the Town
(Budget Amendment No. 2).
Town Council Page 196 of 269 Meeting Date: July 14, 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 Budget Amendment No. 2
Town Council Meeting, Tuesday, July 14, 2015
Agenda Item:
Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2014-
2015 Budget of the Town (Budget Amendment No. 2).
Explanation:
Budget Amendment No. 2 reappropriates funds in the General Fund for expenditures
associated with personnel changes in the Manager’s Office and Human Resources
Departments, water consumption in the Medians Department, GIS services in the Information
Services Department, additional building maintenance in the Facilities Maintenance
Department. The expenditures have been offset with savings due to the elimination of an
ambulance replacement. This budget amendment reappropriates funds received from NISD
and not spent in the current fiscal year on the SRO program. 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. This budget amendment
reappropriates $74,000 in the CCPD (that was originally budgeted to offset debt service on a
new police station) for the replacement of two vehicles and 26 body cameras. The CCPD
amended its budget on June 3rd, and changed the amendment on July 8th to reflect these
purchases. Additionally, the budget amendment appropriates funds for illuminated street signs
on Trophy Club Drive/Highway 114 and sign replacement in the Street Maintenance Sales Tax
Fund, which is offset by additional sales taxes.
Attachments:
• Ordinance No. 2015-14
Recommendation:
Staff recommends approval of Budget Amendment No. 2 as presented.
Town Council Page 197 of 269 Meeting Date: July 14, 2015
TOWN OF TROPHY CLUB
ORDINANCE NO. 2015-14
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING THE FY 2014-2015 BUDGET OF THE TOWN OF TROPHY
CLUB, TEXAS (BUDGET AMENDMENT NO. 2); PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT
TO APPROPRIATE FUNDS RELATED TO CHANGES TO EQUIPMENT
AND SERVICES AND SUPPLIES FOR VARIOUS DEPARTMENTS,
CAPITAL OUTLAY AND REVENUES NOT INCLUDED IN THE
ORIGINAL BUDGET, AND PERSONNEL CHANGES; PROVIDING FOR
AN AMENDMENT TO REDUCE A TRANSFER FROM THE CRIME
CONTROL AND PREVENTION DISTRICT BUDGET TO THE DEBT
SERVICE FUND; PROVIDING FOR AN AMENDMENT TO REPURPOSE
FUNDS PROVIDED BY NORTHWEST INDEPENDENT SCHOOL
DISTRICT FOR THE PURPOSE OF THE SCHOOL RESOURCE
OFFICER PROGRAM; PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2014-2015 Budget
(“Budget”) was adopted within the time and in the manner required by State Law; and
WHEREAS, in that Budget, the Town Council did not appropriate sufficient funds
for expenditures associated with personnel changes in the Manager’s Office and
Human Resources Department, GIS Services in Information Services, increased water
consumption in the Medians Department, higher than anticipated building maintenance
in the Facilities Maintenance Department, two vehicle replacements in the Crime
Control and Prevention District budget, body camera replacements in the Crime Control
and Prevention District budget, and illuminated street signs and sign replacement in the
Street Maintenance Sales Tax Fund; and
WHEREAS, in the Budget, the Town Council budgeted revenue from Northwest
Independent School District for the purpose of providing School Resource Officers, and
during a portion of the school year one position was vacant resulting in approximately
$27,000 in funding due to Northwest Independent School District, that Northwest
Independent School District has agreed to allow the Town to repurpose the funds to a
program to benefit the School District; and
WHEREAS, the expenditures have been effectively offset by savings resulting
from a decision not to purchase an ambulance that was appropriated in the Budget, and
the offsets have, in total, resulted in no net effect to the General Fund; and
WHEREAS, this amendment reappropriates $80,000 in the General Fund for
total expenditures related to a various services and items; and
ORD 2015-14 Page 1 of 5
Town Council Page 198 of 269 Meeting Date: July 14, 2015
WHEREAS, in the Budget, the Town Council appropriated a transfer of funds
from the Crime Control and Prevention District budget to the Debt Service Fund to pay
for a portion of a new Police Facility; and
WHEREAS, that transfer of funds for debt service was not necessary as no debt
was issued related to a Police Facility in fiscal year 2015; and
WHEREAS, this amendment reduces a transfer out by $74,000 from the Crime
Control and Prevention District budget to the Debt Service Fund; and
WHEREAS, on June 3rd, 2015, and as amended on July 8th, 2015, the CCPD
approved an amendment to appropriate excess funds from the Crime Control and
Prevent District budget to purchase vehicles and body cameras in the amount of
$74,000; and
WHEREAS, this Budget Amendment appropriates $15,000 in the Street
Maintenance Sales Tax Fund, which is offset by increased sales tax revenue, for the
procurement of illuminated street signs and sign replacement; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas finds that this
Budget Amendment, as set forth in Exhibit “A”, will serve the public interest and is
necessary to support Town operations; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and
determines that the change in the Budget for the stated municipal purpose serves best
interests of the taxpayers, is necessary and warrants action at this time;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
The Town of Trophy Club, Texas, Fiscal Year 2014-2015 Budget is hereby
amended to fund the line items as stated in Exhibit “A”, a copy of which is attached
hereto and incorporated herein. This Budget Amendment No. 2 (Exhibit “A”) to the
Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2014-2015 is
incorporated in and shall be attached to and made part of the Budget by the Town
ORD 2015-14 Page 2 of 5
Town Council Page 199 of 269 Meeting Date: July 14, 2015
Secretary and shall be filed in accordance with State Law. This Ordinance is hereby
adopted and shall constitute the second amendment that has occurred since the
October 1, 2014 effective date of the Town’s Fiscal Year 2014-2015 Budget.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the Fiscal Year 2014-2015 Budget of the Town and shall not repeal any of the
provisions of such Ordinances except in those instances where provisions of those
Ordinances are in direct conflict with the provisions of this Ordinance; whether such
Ordinances are codified or uncodified, and all other provisions of the Ordinances of the
Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in the Ordinance records of the Town and to properly record
this Ordinance in accordance with the Town Charter.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 14th day of July, 2015.
_______________________________
Mayor, Nick Sanders
Town of Trophy Club, Texas
ORD 2015-14 Page 3 of 5
Town Council Page 200 of 269 Meeting Date: July 14, 2015
ATTEST: [SEAL]
_______________________________
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
_______________________________
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
ORD 2015-14 Page 4 of 5
Town Council Page 201 of 269 Meeting Date: July 14, 2015
Exhibit “A”
Town of Trophy Club
Budget Amendment No. 2
There is no net effect on the Fiscal Year 2014-2015 General Fund, Crime Control and
Prevention District and Street Maintenance Sales Tax budgets as a result of the
proposed Budget Amendment No. 2. The Fiscal Year 2014-2015 Debt Service Fund
decrease specified below is a result of the transfer from the Crime Control and
Prevention District budget being reduced as a result of no debt being issued for a Police
Facility.
Line Item Department Current Budget Amendment Amended Budget
Salaries Manager's Office 673,672 20,000 693,672
Programs and Special Projects Police 1,500 25,000 26,500
Small Equipment Police 6,150 2,000 8,150
Capital Outlay EMS 179,360 (80,000) 99,360
Water Medians 32,273 8,000 40,273
Salaries HR 51,765 5,000 56,765
Medical Insurance HR 0 5,000 5,000
Independent Labor IT 3,000 5,000 8,000
Software & Support IT 216,102 5,000 221,102
Building Maintenance Facilities Maint.10,000 5,000 15,000
Line Item Department Current Budget Amendment Amended Budget
Capital Outlay CCPD 107,679 49,000 156,679
Small Equipment CCPD 36,285 25,000 61,285
Transfer to Debt Service CCPD 75,000 (74,000) 1,000
Line Item Department Current Budget Amendment Amended Budget
Signs and Markings Street Maint.15,000 15,000 30,000
Sales Tax Street Maint.(163,636) (15,000) (178,636)
Line Item Department Current Budget Amendment Amended Budget
Transfer In - CCPD Debt Service (75,000) 74,000 (1,000)
General Fund
Street Maintenance Sales Tax
CCPD
Debt Service Fund
ORD 2015-14 Page 5 of 5
Town Council Page 202 of 269 Meeting Date: July 14, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0446-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/29/2015 Town Council
On agenda:Final action:7/14/2015
Title:Discuss and provide direction to Town Staff regarding the Interlocal Agreement for Contractual
Personnel Services with the Trophy Club Municipal Utility District No. 1.
Attachments:CON 2013-02 ILA for Contractual Personnel Services with TCMUD1 - PASSED 01072013.pdf
Action ByDate Action ResultVer.
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 Council Page 203 of 269 Meeting Date: July 14, 2015
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0439-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/29/2015 Town Council
On agenda:Final action:7/14/2015
Title: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.
Attachments:Staff Report - Receive CCPD Budget FY 16.pdf
CCPD - Five Year Forecast.pdf
Action ByDate Action ResultVer.
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.
Town Council Page 213 of 269 Meeting Date: July 14, 2015
To: Mayor and Town Council
From: Steven Glickman, Assistant Town Manager/CFO
CC: Stephen Seidel, Town Manager
Holly Fimbres, Town Secretary
Re: CCPD Budget
Town Council Meeting, July 14, 2015
Agenda Item:
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.
Explanation:
On July 8, 2015, the CCPD Board met and approved its budget for Fiscal Year 2016. By law, the
Town Council must receive the adopted budget within ten days of adoption by the CCPD. The
budget includes revenue, all from sales tax, in the amount of $186,433. Expenditures for the
proposed budget total $182,400 of which $125,000 is for the purchase of equipment and
furnishings for a new police station and $57,400 is for the purchase small equipment and
uniforms. The estimated beginning fund balance for FY 2016 is $38,491. The net increase in
fund balance is estimated at $4,033, leaving an estimated ending fund balance of $42,524 at
the end of FY 2016.
Attachments:
CCPD – Five Year Forecast
Recommendation:
Staff recommends acceptance of the Fiscal Year 2016 CCPD Budget.
Town Council Page 214 of 269 Meeting Date: July 14, 2015
FY 15 FY 16 FY 17 FY 18 FY 19 FY 20
Estimate Proposed Planning Planning Planning Planning
Beginning Fund Balance 93,746$ 38,491$ 42,524$ 38,368$ 41,856$ 46,709$
Revenue:
Sales Tax 166,361 186,433 217,345 222,488 227,753 233,142
Interest Revenue 100 - - - - -
Total Revenue 166,461 186,433 217,345 222,488 227,753 233,142
Expenditures:
Debt Service - - 150,000 150,000 150,000 150,000
Services/Supplies 79,216 57,400 29,500 38,500 40,900 41,500
Capital 142,500 125,000 42,000 30,500 32,000 32,000
Total Expenditures 221,716 182,400 221,500 219,000 222,900 223,500
Net Increase (Decrease)(55,255) 4,033 (4,155) 3,488 4,853 9,642
Ending Fund Balance 38,491$ 42,524$ 38,368$ 41,856$ 46,709$ 56,351$
Fund Balance as % of Expenditures 17.36%23.31%17.32%19.11%20.95%25.21%
Trophy Club CCPD - Five Year Forecast
CCPD
Five Year Forecast
Town Council Page 215 of 269 Meeting Date: July 14, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0438-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/29/2015 Town Council
On agenda:Final action:7/14/2015
Title:Receive presentation and provide direction to Town Staff regarding FY16 General Fund Expenditures
and Supplemental Items; discussion of same.
Attachments:General Fund Expenditures Presentation.pdf
Action ByDate Action ResultVer.
Receive presentation and provide direction to Town Staff regarding FY16 General Fund Expenditures and Supplemental
Items; discussion of same.
Town Council Page 216 of 269 Meeting Date: July 14, 2015
General Fund Expenditures
Town Council Page 217 of 269 Meeting Date: July 14, 2015
Overview
Personnel (3.17% Increase from FY 2015 Budget):
Stipend of $750 per employee (Full payment for EMS)
Supplemental Police Officer and Sergeant promotion,
Firefighter/Paramedic, and Intern/Part-Time Network
Specialist
Merit Pool of $135,000 that will be distributed based on the
following:
Point/performance based merit distribution of up to 2% per
employee/evaluation on October 1st and April 1st
Police Salary True-Up with base pay increases of up to 4% increase
or adjustment to range minimum on October 1st (would not be
eligible for additional 2% on October 1st)
Town Council Page 218 of 269 Meeting Date: July 14, 2015
Overview
Services/Supplies (11.95% Increase from FY 15
Budget):
7% of Increase is related to supplemental items
$75,000 Comprehensive Plan (Half of total cost, remainder in
FY17)
$35,000 Cloud Backup and Recovery (Ongoing cost)
$8,200 NEOS Relocation
$7,500 Hardscapes
Capital (2.58% Increase from FY15)
Town Council Page 219 of 269 Meeting Date: July 14, 2015
Capital and Equipment Replacement
Department Item Amount Description
Parks 36' Grandstand Mower 7,600$ Scheduled replacement due to age/condition.
Parks Harmony Park Bleachers 12,468$ Replaces 4 sets of existing bleachers.
Police Ford Patrol Vehicle (Fully Equiped)45,800$ Replaces 2008 Ford Expedition.
Recreation Slide Run and Barrier 25,000$ Replace existing slide run and add barrier.
Recreation Spray Pad Feature Replacement 25,000$ Replaces worn spray pad features.
Recreation Small Pool Resurface 21,000$ Resurfaces and renovates small pool.
Recreation Small Pool Filter 19,000$ Replaces small pool filter and equipment.
IS Server Replacement 8,500$ Scheduled IT replacement.
IS Computer Replacement 14,613$ Scheduled IT replacement.
IS Printer and Copier Replacement 9,100$ Scheduled IT replacement.
IS Infrastructure Replacment.15,000$ Scheduled IT replacement.
IS Software Replacement 2,250$ Scheduled IT replacement.
EMS Stryker Powercot 18,000$ Replaces manual cot.
Parks Monument Signs 50,000$
Replaces Park monument signs with old logo
at Harmony Park, Independence Park West,
and the Pool. Adds a monument sign at
Freedom Park.
Parks Bocce Ball Shade Structure 9,600$ Pergola Shade Structure for Bocce Ball Court
General Fund Total 282,931$
Supplemental
Town Council Page 220 of 269 Meeting Date: July 14, 2015
Supplemental Items
Department Item Amount Description
Parks Bocce Ball Shade Structure 9,600$ Pergola Shade Structure for Bocce Ball
Court.
Parks Monument Signs 50,000$
Replaces Park monument signs with old logo
at Harmony Park, Independence Park West,
and the Pool. Adds a monument sign at
Freedom Park.
Parks NEOS Relocation 8,000$ Move NEOS System from Harmony Park to
Independence Park East.
Parks Hardscapes 7,500$ Convert non-irrigated medians to
hardscapes.
Community
Development Comprehensive Plan*75,000$
Develop an updated Comprehensive Land
Use Plan for guide future redevelopment
and ordinance needs to ensure the Town
remains a premier DFW city
Police New Police Officer & Sergeant
Promotion Equipment 8,200$ Equipment for new patrol officer
IS Cloud Backup and Recovery 35,000$ Cloud backup and recovery solution.
IS Intern/Part-Time Network
Specialist 25,498$ Provide network and desktop support to
Town Employees.
EMS Firefighter/Paramedic 22,504$ Adds one firefighter/paramedic to a shift to
make five scheduled per shift.
Police New Police Officer & Sergeant
Promotion Personnel Cost 82,248$ Adds one patrol officer and promotes one
officer to Sergeant
323,550$
Note: Supplemental items represent new or upgraded programs or equipment to the Town.
*Split between FY 16 and FY 17 for a total cost of $150,000
Total Supplemental (General Fund)
One-Time Expenditures
Ongoing Expenditures
Town Council Page 221 of 269 Meeting Date: July 14, 2015
Manager’s Office
Personnel: Decrease due to removal of the
Economic Development/Marketing Coordinator
Services & Supplies: Increase due to promotional
& marketing, volunteer dinner, training and travel
-Budget-
Financial Summary FY 2012
ACTUAL
FY 2013
ACTUAL
FY 2014
ACTUAL
FY 2015
BUDGET
FY 2015
ESTIMATE
FY 2016
PROPOSED
% Change
(Bud. vs. Pro)
Personnel $ 495,716 $ 562,769 $ 682,554 $ 757,082 $ 928,877 $ 685,011 -10%
Services & Supplies $ 141,039 $ 144,397 $ 147,049 $ 142,856 $ 124,400 $ 157,045 10%
TOTAL $ 636,756 $ 707,166 $ 829,603 $ 899,938 $1,053,277 $ 842,056 -6%
----------------Past---------------------Projected Year-----
Town Council Page 222 of 269 Meeting Date: July 14, 2015
Legal
-Budget-
Financial Summary FY 2012
ACTUAL
FY 2013
ACTUAL
FY 2014
ACTUAL
FY 2015
BUDGET
FY 2015
ESTIMATE
FY 2016
PROPOSED
% Change
(Bud. vs. Pro)
Personnel $140,091 $147,427 $155,337 $162,446 $162,018 $ 165,436 2%
Services & Supplies $ 14,143 $ 23,731 $ 41,183 $ 30,943 $ 15,945 $ 31,492 2%
TOTAL $154,235 $171,157 $196,520 $193,389 $177,963 $ 196,928 2%
----------------Past---------------------Projected Year-----
Town Council Page 223 of 269 Meeting Date: July 14, 2015
Police
Personnel: Increase due new police officer, sergeant
promotion, and salary true-up/merit
Services/Supplies: Increase is due to Professional
Services for recordkeeping and program recognition and
Advertising for recruitment and public service campaigns
Capital: Increase due new police patrol vehicle
-Budget-
Financial Summary FY 2012
ACTUAL
FY 2013
ACTUAL
FY 2014
ACTUAL
FY 2015
BUDGET
FY 2015
ESTIMATE
FY 2016
PROPOSED
% Change
(Bud. vs. Pro)
Personnel $ 1,369,688 $ 1,595,503 $ 1,785,362 $ 1,868,734 $ 1,743,557 $ 2,000,725 7%
Services & Supplies 196,455 376,205 230,562 241,364 258,622 259,929 8%
Capital 72,721 96,601 49,105 - - 45,800 NA
TOTAL $ 1,638,864 $ 2,068,309 $ 2,065,029 $ 2,110,098 $ 2,002,179 $ 2,306,454 9%
----------------Past---------------------Projected Year-----
Town Council Page 224 of 269 Meeting Date: July 14, 2015
EMS
Personnel: Increase is due to additional firefighter and
merit
Services/Supplies: Increase is due to collection fees,
training and travel, vehicle maintenance, medical control,
and small equipment
Capital: Decrease due to ambulance budgeted in prior
year
-Budget-
Financial Summary FY 2012
ACTUAL
FY 2013
ACTUAL
FY 2014
ACTUAL
FY 2015
BUDGET
FY 2015
ESTIMATE
FY 2016
PROPOSED
% Change
(Bud. vs. Pro)
Personnel $ 588,559 $658,407 $711,887 $ 764,304 $749,373 $ 796,098 4%
Services & Supplies 64,700 63,919 64,208 73,058 77,723 104,469 43%
Capital 41,879 46,041 32,693 179,360 18,000 18,000 -90%
TOTAL $ 695,138 $768,367 $808,788 $1,016,722 $845,096 $ 918,567 -10%
----------------Past---------------------Projected Year-----
Town Council Page 225 of 269 Meeting Date: July 14, 2015
Streets
Personnel: Decrease is due to turnover
Services/Supplies: Increase is due to electricity
for street lights
-Budget-
Financial Summary FY 2012
ACTUAL
FY 2013
ACTUAL
FY 2014
ACTUAL
FY 2015
BUDGET
FY 2015
ESTIMATE
FY 2016
PROPOSED
% Change
(Bud. vs. Pro)
Personnel $268,816 $401,150 $234,485 $222,195 $191,936 $ 220,532 -1%
Services & Supplies 149,181 365,261 169,383 189,482 174,849 198,970 5%
Capital - - - - 55,181 - NA
TOTAL $417,997 $766,411 $403,868 $411,677 $421,966 $ 419,502 2%
----------------Past---------------------Projected Year-----
Town Council Page 226 of 269 Meeting Date: July 14, 2015
Parks
Personnel: Increase is due to combining Parks and
Medians (decrease overall)
Services/Supplies: Increase is due to combining
Parks and Medians, water due to rate increases, tree
city, and independent labor
Capital: Increase due to monument sign
supplemental item
-Budget-
Financial Summary FY 2012
ACTUAL
FY 2013
ACTUAL
FY 2014
ACTUAL
FY 2015
BUDGET
FY 2015
ESTIMATE
FY 2016
PROPOSED
% Change
(Bud. vs. Pro)
Personnel $ 653,641 $ 549,715 $ 601,121 $ 657,422 $ 616,626 $ 789,170 20%
Services & Supplies 480,576 299,313 382,801 321,164 304,147 526,868 64%
Capital 7,000 98,708 36,083 64,830 64,830 79,668 23%
TOTAL $ 1,141,217 $ 947,736 $1,020,004 $1,043,416 $ 985,603 $1,395,706 34%
----------------Past---------------------Projected Year-----
Town Council Page 227 of 269 Meeting Date: July 14, 2015
Medians
Medians is combined with Parks in FY 2016
-Budget-
Financial Summary FY 2012
ACTUAL
FY 2013
ACTUAL
FY 2014
ACTUAL
FY 2015
BUDGET
FY 2015
ESTIMATE
FY 2016
PROPOSED
% Change
(Bud. vs. Pro)
Personnel $ - $ - $145,412 $151,083 $ 153,719 $ - NA
Services & Supplies - - 148,930 148,227 146,650 - NA
TOTAL $ - $ - $294,342 $299,310 $ 300,369 $ - NA
----------------Past---------------------Projected Year-----
Town Council Page 228 of 269 Meeting Date: July 14, 2015
Recreation
Personnel: Increase is due to merit and lifeguard pay
increases
Services/Supplies: Increase is due to Active.net
implementation and fees
Capital: Increase due to pool equipment replacement
-Budget-
Financial Summary FY 2012
ACTUAL
FY 2013
ACTUAL
FY 2014
ACTUAL
FY 2015
BUDGET
FY 2015
ESTIMATE
FY 2016
PROPOSED
% Change
(Bud. vs. Pro)
Personnel $324,287 $346,991 $357,015 $393,165 $382,166 $ 416,948 6%
Services & Supplies 146,266 149,397 146,358 156,874 159,917 161,605 3%
Capital - - - - - 90,000 NA
TOTAL $470,552 $496,388 $503,373 $550,039 $542,083 $ 668,553 22%
----------------Past---------------------Projected Year-----
Town Council Page 229 of 269 Meeting Date: July 14, 2015
Community Events
Decrease is due to moving fireworks to Hotel
Occupancy Fund beginning in FY 2016
-Budget-
Financial Summary FY 2012
ACTUAL
FY 2013
ACTUAL
FY 2014
ACTUAL
FY 2015
BUDGET
FY 2015
ESTIMATE
FY 2016
PROPOSED
% Change
(Bud. vs. Pro)
Services & Supplies 47,889 47,374 38,805 60,201 47,932 31,881 -47%
TOTAL $ 47,889 $ 47,374 $ 38,805 $ 60,201 $ 47,932 $ 31,881 -47%
----------------Past---------------------Projected Year-----
Town Council Page 230 of 269 Meeting Date: July 14, 2015
Planning and Zoning
Combined with Community Development in FY 2015
-Budget-
Financial Summary FY 2012
ACTUAL
FY 2013
ACTUAL
FY 2014
ACTUAL
FY 2015
BUDGET
FY 2015
ESTIMATE
FY 2016
PROPOSED
% Change
(Bud. vs. Pro)
Personnel $ 99,378 $ 104,932 $ 125,871 $ - $ - $ - NA
Services & Supplies 133,756 152,206 135,068 - - - NA
TOTAL $ 233,134 $ 257,138 $ 260,939 $ - $ - $ - NA
----------------Past---------------------Projected Year-----
Town Council Page 231 of 269 Meeting Date: July 14, 2015
Community Development
Personnel: Increase is due to merit and
replacing planner
Services/Supplies: Increase is due
supplemental comprehensive plan
-Budget-
Financial Summary FY 2012
ACTUAL
FY 2013
ACTUAL
FY 2014
ACTUAL
FY 2015
BUDGET
FY 2015
ESTIMATE
FY 2016
PROPOSED
% Change
(Bud. vs. Pro)
Personnel $185,084 $287,778 $302,809 $429,897 $ 397,029 $ 448,059 4%
Services & Supplies 45,890 31,390 24,013 143,024 117,817 206,499 44%
Capital 17,364 - - - 42,000 - NA
TOTAL $248,338 $319,168 $326,821 $572,921 $556,846 $ 654,558 14%
----------------Past---------------------Projected Year-----
Town Council Page 232 of 269 Meeting Date: July 14, 2015
Finance
Personnel: Increase is due to full staffing for a
full year.
Services/Supplies: Increase is due to appraisal
fees and PAFR printing offset by reduction in
Credit Card Fees
-Budget-
Financial Summary FY 2012
ACTUAL
FY 2013
ACTUAL
FY 2014
ACTUAL
FY 2015
BUDGET
FY 2015
ESTIMATE
FY 2016
PROPOSED
% Change
(Bud. vs. Pro)
Personnel $259,680 $254,187 $267,197 $266,946 $240,576 $ 284,993 7%
Services & Supplies 117,623 108,978 125,023 120,151 111,131 125,293 4%
Capital 150,839 9,650 - - - - NA
TOTAL $528,142 $372,816 $392,220 $387,097 $351,707 $ 410,286 6%
----------------Past---------------------Projected Year-----
Town Council Page 233 of 269 Meeting Date: July 14, 2015
Municipal Court
-Budget-
Financial Summary FY 2012
ACTUAL
FY 2013
ACTUAL
FY 2014
ACTUAL
FY 2015
BUDGET
FY 2015
ESTIMATE
FY 2016
PROPOSED
% Change
(Bud. vs. Pro)
Personnel $ 68,308 $ 55,108 $ 71,725 $ 75,397 $ 75,227 $ 77,344 3%
Services & Supplies 10,621 13,623 7,848 10,539 7,884 9,689 -8%
TOTAL $ 78,929 $ 68,731 $ 79,573 $ 85,936 $ 83,111 $ 87,033 1%
----------------Past---------------------Projected Year-----
Town Council Page 234 of 269 Meeting Date: July 14, 2015
Human Resources
Personnel: Increase is due to change of personnel in FY15
-Budget-
Financial Summary FY 2012
ACTUAL
FY 2013
ACTUAL
FY 2014
ACTUAL
FY 2015
BUDGET
FY 2015
ESTIMATE
FY 2016
PROPOSED
% Change
(Bud. vs. Pro)
Personnel $ 90,621 $ 97,595 $ 70,840 $ 87,655 $ 91,990 $ 116,626 33%
Services & Supplies 4,215 5,176 3,442 4,840 3,950 4,315 -11%
TOTAL $ 94,837 $102,771 $ 74,282 $ 92,495 $ 95,940 $ 120,941 31%
----------------Past---------------------Projected Year-----
Town Council Page 235 of 269 Meeting Date: July 14, 2015
Information Services
Personnel: Increase is due to merit and supplemental
intern/part-time employee
Services/Supplies: Increase is due to supplemental
Cloud Backup and Recovery and GIS Services
Capital: Increase due to more planned replacement in
FY16
-Budget-
Financial Summary FY 2012
ACTUAL
FY 2013
ACTUAL
FY 2014
ACTUAL
FY 2015
BUDGET
FY 2015
ESTIMATE
FY 2016
PROPOSED
% Change
(Bud. vs. Pro)
Personnel $172,779 $181,544 $186,288 $191,325 $190,312 $ 218,053 14%
Services & Supplies 92,431 124,270 139,203 200,374 253,642 260,597 30%
Capital 64,996 36,506 8,278 31,613 31,500 49,463 56%
TOTAL $330,206 $342,319 $333,769 $423,312 $475,454 $ 528,113 25%
----------------Past---------------------Projected Year-----
Town Council Page 236 of 269 Meeting Date: July 14, 2015
Facility Management
Decrease is due to chair replacement budgeted in
FY15
-Budget-
Financial Summary FY 2012
ACTUAL
FY 2013
ACTUAL
FY 2014
ACTUAL
FY 2015
BUDGET
FY 2015
ESTIMATE
FY 2016
PROPOSED
% Change
(Bud. vs. Pro)
Services & Supplies $ 65,342 $ 75,344 $ 81,550 $111,042 $109,442 $ 108,971 -2%
TOTAL $ 65,342 $ 75,344 $ 81,550 $ 111,042 $109,442 $ 108,971 -2%
----------------Past---------------------Projected Year-----
Town Council Page 237 of 269 Meeting Date: July 14, 2015
Expenditure Summary
Total budget increase of 5.2%
3.9% of increase is related to supplemental items
-Budget-
Financial Summary FY 2013
ACTUAL
FY 2014
ACTUAL
FY 2015
BUDGET
FY 2015
ESTIMATE
FY 2016
PROPOSED
% Change
(Est. vs. Pro)
% Change
(Bud. vs. Pro)
Personnel $ 5,243,107 $ 5,697,901 $ 6,027,651 $ 5,923,406 $ 6,218,995 4.99% 3.17%
Services & Supplies 1,980,583 1,885,425 1,954,139 1,914,050 2,187,623 14.29% 11.95%
Capital 287,506 126,160 275,803 211,511 282,931 33.77% 2.58%
TOTAL $ 7,511,193 $ 7,709,485 $ 8,257,593 $ 8,048,967 $ 8,689,549 8%5%
----------------Past---------------------Projected Year-----
Town Council Page 238 of 269 Meeting Date: July 14, 2015
Budget Summary
Financial Summary FY 2012
ACTUAL
FY 2013
ACTUAL
FY 2014
ACTUAL
FY 2015
BUDGET
FY 2015
ESTIMATE
FY 2016
PROPOSED
Beginning Fund Balance $ 2,642,792 $ 3,131,101 $ 2,530,394 $ 2,960,660 $ 3,044,919 $ 3,648,810
Revenue 7,306,485 7,678,818 8,223,930 8,487,349 8,641,858 8,982,277
Expendititures
Personnel Services (4,716,653) (5,243,103) (5,697,900) (6,027,652) (5,923,406) (6,218,995)
Services & Supplies (1,710,127) (1,980,583) (1,885,425) (1,954,139) (1,914,050) (2,187,623)
Capital (354,799) (287,506) (126,160) (275,803) (211,511) (282,931)
Total Expenditures (6,781,580) (7,511,191) (7,709,485) (8,257,594) (8,048,967) (8,689,549)
Other Sources (Uses)(36,596) (768,434) 182 (374,000) 11,000 (274,000)
Net Increase (Decrease)488,309 (600,807) 514,627 (144,245) 603,891 18,728
Ending Fund Balance 3,131,101$ 2,530,294$ 3,045,021$ 2,816,415$ 3,648,810$ 3,667,538$
Fund Balance as % of
General Fund Expenditures 46.17%33.69%39.50%34.11%45.33%42.21%
Town Council Page 239 of 269 Meeting Date: July 14, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0463-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:7/6/2015 Town Council
On agenda:Final action:7/14/2015
Title: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.
Attachments:Staff Report - Parks and Recreation Board Ordinance.pdf
ORD 2005-27.pdf
Action ByDate Action ResultVer.
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.
Town Council Page 240 of 269 Meeting Date: July 14, 2015
To: Mayor and Town Council
From: Holly Fimbres, Town Secretary/RMO
CC: Stephen Seidel, Town Manager
Re: Parks and Recreation Board Ordinance
Town Council Meeting, Tuesday, July 14, 2015
Agenda Item:
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.
Explanation:
Requested by Town Council in order to provide direction to Town Staff.
Attachments:
• Ordinance No. 2005-27
Town Council Page 241 of 269 Meeting Date: July 14, 2015
Town Council Page 242 of 269 Meeting Date: July 14, 2015
Town Council Page 243 of 269 Meeting Date: July 14, 2015
Town Council Page 244 of 269 Meeting Date: July 14, 2015
Town Council Page 245 of 269 Meeting Date: July 14, 2015
Town Council Page 246 of 269 Meeting Date: July 14, 2015
Town Council Page 247 of 269 Meeting Date: July 14, 2015
Town Council Page 248 of 269 Meeting Date: July 14, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0447-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/29/2015 Town Council
On agenda:Final action:7/14/2015
Title: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.
Attachments:2008 Interlocal Cooperation Agreement for Fire Protection Services.pdf
First Amendment 2008 Interlocal Cooperation Agreement for Fire Protection Services .pdf
Action ByDate Action ResultVer.
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.
Town Council Page 249 of 269 Meeting Date: July 14, 2015
Town Council Page 250 of 269 Meeting Date: July 14, 2015
Town Council Page 251 of 269 Meeting Date: July 14, 2015
Town Council Page 252 of 269 Meeting Date: July 14, 2015
Town Council Page 253 of 269 Meeting Date: July 14, 2015
Town Council Page 254 of 269 Meeting Date: July 14, 2015
Town Council Page 255 of 269 Meeting Date: July 14, 2015
Town Council Page 256 of 269 Meeting Date: July 14, 2015
Town Council Page 257 of 269 Meeting Date: July 14, 2015
Town Council Page 258 of 269 Meeting Date: July 14, 2015
THE STATE OF TEXAS )
COUNTY OF DENTON )
COUNTY OFT ARRANT )
FIRST AMENDMENT TO 2008 INTERLOCAL COOPERATION AGREEMENT
FOR FIRE PROTECTION SERVICES
This FIRST AMENDMENT TO 2008 INTERLOCAL COOPERATION
AGREEMENT FOR FIRE PROTECTION SERVJCES ("First Amendment") is made
and entered into effective as of the .5'#\ day of ~ , 2009, to modify the
agreement entitled 2008 INTERLOCAL COOPERA ON AGREEMENT FOR FJRE
PROTECTJON SERVJCES (the "Agreement") made and entered into the 15•h day of
December, 2008 , by and between Trophy Club Municipal Utility District No. I
("MUD I"), Trophy Club Municipal Utility District No. 2 ("MUD2"), and the Town of
Trophy Club ("Town").
WHEREAS, MUD I and MUD2 have consolidated into a single district under the
name of "Trophy Club Municipal Utility District No. I " pursuant to the terms of a
Consolidation Agreement approved by the separate board of directors of each of MUDl
and MUD2 on January 26, 2009, and pursuant to the provisions of Sections 54.729
through 54.733 of the Texas Water Code, and as a result of the vote of the electors in
each district in favor of consolidation on May 9, 2009; and
WHEREAS, the parties desire to amend the Agreement to recognize the
consolidation of MUD 1 and MUD2 and to remove references to the "Master District" as
the joint venture and administrative agency between MUDl and MUD2, since the Master
District was terminated as of May 9, 2009, upon the consolidation of the two districts,
and with all assets, debts, and contracts formerly existing in the name of the MUD 1,
MUD2, and the Master District now being the assets, debts, and contracts of Trophy Club
Municipal Utility District No. 1 as consolidated;
NOW, THEREFORE, in consideration of the foregoing, and for other good and
valuable consideration , the parties hereto agree as follows:
1. All references in the Agreement to "MUDs 1 and 2" or "MUDl or 2" or
similar phrases are modified to read ''MUD l " and the accompanying verbs, adjectives,
and adverbs are changed as appropriate to agree with the singular "MUD 1" rather than
the plural "MUDs 1 and 2" or similar phrases.
2. In Section 3.01.A, regarding Budget, the term "Master District" (which
appears three times in the paragraph) is changed to "MUDl ."
3. In Section 3.01.C, regarding Payment, the term "Master District" is
changed to "MUDl ."
1
Town Council Page 259 of 269 Meeting Date: July 14, 2015
4. In Section VI, regarding Entire Agreement, the last sentence is modified to
read, 04This Agreement may be amended only by written instrument signed by both
parties."
5. Except for the modifications specificalJy set forth in this First
Amendment, the terms of the Agreement shalJ continue in full force and effect as
originally executed.
6. This First Amendment is signed in multiple counterparts and , upon the
signature of the second party to sign as shown below their signatures below, shall become
effective as of the date stated in the first sentence of this instrument.
T OWN OF TROPHY CLUB, TEXAS
By: LluluuL!t164
7 Constance s: White, Mayor
Date of Signing: ~ ~ J ], Vi
Attest:
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Lisa Hennek, Town Secretary
Approved as to form:
Patricia A. Adams, Town Attorney
2
Town Council Page 260 of 269 Meeting Date: July 14, 2015
TROPHY CLUB MUNICIPAL UTILITY DISTRICT N0.1 (consolidated)
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Joint Pre sident , Board
Date of Signing: ~ -5) 2c?O'J
Attest: Attest:
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By :-~ \l~ ._c_._L~-""'-----~-Thomas
Joint Secretary, Board of Directors Joint Secretary , Board of Directors
Attorney, Trophy Club MUD No. 1
R :\stor\rgw\MUD\Consolidation\Firs t Amendment to 2008 lLA Fire Protection Services .doc
Draft 7/30/09 RGW
3
Town Council Page 261 of 269 Meeting Date: July 14, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0457-T Name:
Status:Type:Agenda Item Executive Session
File created:In control:6/29/2015 Town Council
On agenda:Final action:7/14/2015
Title: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 551.074(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
B. 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
Attachments:
Action ByDate Action ResultVer.
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 551.074(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
B. 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
Town Council Page 262 of 269 Meeting Date: July 14, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0458-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/29/2015 Town Council
On agenda:Final action:7/14/2015
Title:Consider and take appropriate action regarding the Executive Session.
Attachments:
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the Executive Session.
Town Council Page 263 of 269 Meeting Date: July 14, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0455-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/29/2015 Town Council
On agenda:Final action:7/14/2015
Title:Town Council Liaison Updates; discussion of same:
*Economic Development Corporation 4B, July 6, 2015
Council Liaison - Council Member Rhylan Rowe
Attachments:
Action ByDate Action ResultVer.
Town Council Liaison Updates; discussion of same:
*Economic Development Corporation 4B, July 6, 2015
Council Liaison - Council Member Rhylan Rowe
Town Council Page 264 of 269 Meeting Date: July 14, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0448-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/29/2015 Town Council
On agenda:Final action:7/14/2015
Title:Town Manager Seidel's update regarding the following; discussion and provide input regarding same.
*Lakeview Soccer
*July 4th Celebration
*Laserfiche
*Pebble Beach
*Holiday Inn
Attachments:
Action ByDate Action ResultVer.
Town Manager Seidel's update regarding the following; discussion and provide input regarding same.
*Lakeview Soccer
*July 4th Celebration
*Laserfiche
*Pebble Beach
*Holiday Inn
Town Council Page 265 of 269 Meeting Date: July 14, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0456-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/29/2015 Town Council
On agenda:Final action:7/14/2015
Title: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:
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)
Attachments:July 28, 2015 Upcoming Agenda.pdf
Items for Future Agendas updated 7-8-2015.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 July 28, 2015 meeting and discussion of Future Agenda Items, to include discussion of the below
items from the Future Agenda list:
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)
Town Council Page 266 of 269 Meeting Date: July 14, 2015
Meeting Date 7/28/2015
Consent STAFF
RPT RES ORD PROC File ID Dept
Consider and take appropriate action regarding the Minutes dated June 23, 2015.Town Sec
Regular Session STAFF
RPT RES ORD PROC File ID Dept
Receive public input regarding the Police and Town Hall facility.Town Sec
Workshop with Council to discuss all other funds.Finance
Town Council Liaison Updates; discussion of same: Town Sec
Town Manager Seidel's update regarding the following; discussion and provide input
regarding same.Town Mgr
*Mosquito update
Items for Future Agendas to include discussion of Agenda Items for consideration on
the upcoming Regular Session Council Agenda for August 11, 2015 meeting and
discussion of Future Agenda Items, , to include discussion of the below items from
the Future Agenda list:
Town Sec
Discussion and action related to town garage/special/estate/moving sales, etc.
(Sanders 4/28/2015) (1-July 28)
Review of ordinance to allow golf carts but not including special vehicles. (Sanders
4/28/2015) (1-July 28)
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)
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. (Rowe 4/28/15) (1-July 28)
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
A. 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
Regular Session STAFF
RPT RES ORD PROC File ID Dept
Consider and take appropriate action regarding the Executive Session.Town Sec
Town Council Page 267 of 269 Meeting Date: July 14, 2015
Town Council Future Agenda Items List
(Updated 7/8/2015)
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.
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.
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).
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)
6. Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders
4/28/2015) (1-July 28)
7. Review of ordinance to allow golf carts but not including special vehicles. (Sanders
4/28/2015) (1-July 28)
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)
9. 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. (Rowe
4/28/15) (1-July 28)
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.
10. Review the overnight parking permit and review allowing an extended temporary permit.
(Sanders 5/26/2015) (1-August 25)
Town Council Page 268 of 269 Meeting Date: July 14, 2015
11. Discussion of and take appropriate action regarding the Parks RFP. (Sanders 5/26/2015) (1-
August 25)
12. Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25)
13. 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)
Town Council Page 269 of 269 Meeting Date: July 14, 2015