Agenda Packet 08/23/2022Town of Trophy Club
Meeting Agenda Packet
Town Council
1 Trophy Wood Drive
Trophy Club, Texas
76262
August 23, 2022 7:00 PM Council Chambers
CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Fleury
INVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes
PLEDGES led by Mayor Pro Tem Lamont
Pledge of Allegiance to the American Flag.
Pledge of Allegiance to the Texas Flag.
PUBLIC COMMENT(S)
This is an opportunity for citizens to address the Council on any matter. The Council
is not permitted to discuss or take action on any presentations made. Presentations
are limited to matters over which the Council has authority. Speakers have up to four
(4) minutes or the time limit determined by the Presiding Officer. Each speaker must
have submitted their request to speak by completing the Speaker’s Form or may
email mayorandcouncil@trophyclub.org
ANNOUNCEMENTS AND REPORTS
1.American Heart Association Mission Lifeline: Gold Plus Award awarded to the Trophy
Club Fire Department (J. Wise).
2.Update on the Indian Creek Project (M. Cox).
3.“Patriot Day Remembrance” ceremony on September 11, 2022 (J. Wise).
4.Announcement of our Volunteer Reception (W. Carroll).
PROCLAMATION(S)
5.Issuance of Proclamation 202212 proclaiming September 11, 2022 as “Patriot Day” in
Trophy Club. (Mayor Fleury)
CONSENT AGENDA
6.Consider and take appropriate action regarding an Amendment to the Interlocal
Agreement between the Town and Northwest Independent School District for School
Resource Officer services for Fiscal Year 20222023; and authorizing the Mayor or her
designee to execute all necessary documents (P. Arata).
7.Consider and take appropriate action regarding a Resolution of the Town Council
supporting the development of a Vision Zerobased strategy for safer streets in Trophy
Club (W. Carroll).
8.Consider and take appropriate action regarding a resolution of the Town Council
authorizing amendments to financial institution documents naming authorized Town
representatives on Texas Local Government Investment Pools (TexPool) signature
accounts; and providing an effective date (W. Carroll).
9.Consider and take appropriate action approving Agreements with Lawns of Dallas and
Yellowstone Landscape for mowing services (T. Jaramillo).
10.Consider and take appropriate action regarding the Town Council Meeting Minutes
dated July 26, 2022 (A. Otterson).
PUBLIC HEARING(S)
11.Conduct a Public Hearing regarding the proposed Fiscal Year 20222023 Budget
pursuant to Section 9.05 of the Town Charter and Local Government Code 102.006
(W. Carroll).
INDIVIDUAL ITEMS
12.Take appropriate action to approve Ordinance 202225 adopting the Town of Trophy
Club Fiscal Year 20222023 Budget (W. Carroll).
13.Consider and take appropriate action regarding an Ordinance of the Town Council of
the Town of Trophy Club accepting and approving an Update of the Service and
Assessment Plan and an Updated Assessment Roll for the Town of Trophy Club
Public Improvement District No. 1 (Authorized Improvements Assessment); making
and adopting findings; accepting and approving the annual Service Plan Update and
Updated Assessment Roll; and providing an effective date (W. Carroll).
14.Disscuss and take appropriate action regarding an Ordinance approving the Atmos
MidTex 2022 settlement (W. Carroll).
15.Review Future Agenda Items List (W. Carroll).
EXECUTIVE SESSION
16.Pursuant to the following designated section of the Texas Government Code,
Annotated, Chapter 551 (Texas Open Meetings Act), the Town Council will recess
into executive session to discuss the following;
a) Section 551.087 Economic Development – Deliberate Economic Development
Negotiations regarding prospective commercial projects within the Town of Trophy
Club.
b) Section 551.071 AttorneyClient privilege
1) Deliberate a possible Interlocal Agreement with multiple governmental entities
to provide services to Trophy Club citizens.
2) Update on Norwood vs Trophy Club
c) Section 551.074 Personnel matters – Deliberate the appointment, employment,
evaluation, reassignment, duties, discipline or dismissal of a public officer or
employee.
RECONVENE INTO REGULAR SESSION
17.Consider and take appropriate action regarding Executive Session items (Mayor
Fleury).
ADJOURN
One or more members of the Town Council may participate remotely using video
conferencing pursuant to Chapter 551 of the Texas Government Code.
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 bulletin board at Trophy Club Town Hall, 1
Trophy Wood Drive, Trophy Club, Texas, on August 19, 2022 by 5:00 p.m. in accordance with
Chapter 551, Texas Government Code.
__________________________________
Anita Otterson
Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs,
please contact the Town Secretary’s Office at 6822372900, 48 hours in advance, and
reasonable accommodations will be made to assist you.
1
Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262August 23, 2022 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM Mayor FleuryINVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes PLEDGES led by Mayor Pro Tem LamontPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter. The Councilis not permitted to discuss or take action on any presentations made. Presentationsare limited to matters over which the Council has authority. Speakers have up to four(4) minutes or the time limit determined by the Presiding Officer. Each speaker musthave submitted their request to speak by completing the Speaker’s Form or mayemail mayorandcouncil@trophyclub.orgANNOUNCEMENTS AND REPORTS1.American Heart Association Mission Lifeline: Gold Plus Award awarded to the TrophyClub Fire Department (J. Wise).2.Update on the Indian Creek Project (M. Cox).
3.“Patriot Day Remembrance” ceremony on September 11, 2022 (J. Wise).
4.Announcement of our Volunteer Reception (W. Carroll).
PROCLAMATION(S)
5.Issuance of Proclamation 202212 proclaiming September 11, 2022 as “Patriot Day” in
Trophy Club. (Mayor Fleury)
CONSENT AGENDA
6.Consider and take appropriate action regarding an Amendment to the Interlocal
Agreement between the Town and Northwest Independent School District for School
Resource Officer services for Fiscal Year 20222023; and authorizing the Mayor or her
designee to execute all necessary documents (P. Arata).
7.Consider and take appropriate action regarding a Resolution of the Town Council
supporting the development of a Vision Zerobased strategy for safer streets in Trophy
Club (W. Carroll).
8.Consider and take appropriate action regarding a resolution of the Town Council
authorizing amendments to financial institution documents naming authorized Town
representatives on Texas Local Government Investment Pools (TexPool) signature
accounts; and providing an effective date (W. Carroll).
9.Consider and take appropriate action approving Agreements with Lawns of Dallas and
Yellowstone Landscape for mowing services (T. Jaramillo).
10.Consider and take appropriate action regarding the Town Council Meeting Minutes
dated July 26, 2022 (A. Otterson).
PUBLIC HEARING(S)
11.Conduct a Public Hearing regarding the proposed Fiscal Year 20222023 Budget
pursuant to Section 9.05 of the Town Charter and Local Government Code 102.006
(W. Carroll).
INDIVIDUAL ITEMS
12.Take appropriate action to approve Ordinance 202225 adopting the Town of Trophy
Club Fiscal Year 20222023 Budget (W. Carroll).
13.Consider and take appropriate action regarding an Ordinance of the Town Council of
the Town of Trophy Club accepting and approving an Update of the Service and
Assessment Plan and an Updated Assessment Roll for the Town of Trophy Club
Public Improvement District No. 1 (Authorized Improvements Assessment); making
and adopting findings; accepting and approving the annual Service Plan Update and
Updated Assessment Roll; and providing an effective date (W. Carroll).
14.Disscuss and take appropriate action regarding an Ordinance approving the Atmos
MidTex 2022 settlement (W. Carroll).
15.Review Future Agenda Items List (W. Carroll).
EXECUTIVE SESSION
16.Pursuant to the following designated section of the Texas Government Code,
Annotated, Chapter 551 (Texas Open Meetings Act), the Town Council will recess
into executive session to discuss the following;
a) Section 551.087 Economic Development – Deliberate Economic Development
Negotiations regarding prospective commercial projects within the Town of Trophy
Club.
b) Section 551.071 AttorneyClient privilege
1) Deliberate a possible Interlocal Agreement with multiple governmental entities
to provide services to Trophy Club citizens.
2) Update on Norwood vs Trophy Club
c) Section 551.074 Personnel matters – Deliberate the appointment, employment,
evaluation, reassignment, duties, discipline or dismissal of a public officer or
employee.
RECONVENE INTO REGULAR SESSION
17.Consider and take appropriate action regarding Executive Session items (Mayor
Fleury).
ADJOURN
One or more members of the Town Council may participate remotely using video
conferencing pursuant to Chapter 551 of the Texas Government Code.
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 bulletin board at Trophy Club Town Hall, 1
Trophy Wood Drive, Trophy Club, Texas, on August 19, 2022 by 5:00 p.m. in accordance with
Chapter 551, Texas Government Code.
__________________________________
Anita Otterson
Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs,
please contact the Town Secretary’s Office at 6822372900, 48 hours in advance, and
reasonable accommodations will be made to assist you.
2
Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262August 23, 2022 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM Mayor FleuryINVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes PLEDGES led by Mayor Pro Tem LamontPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter. The Councilis not permitted to discuss or take action on any presentations made. Presentationsare limited to matters over which the Council has authority. Speakers have up to four(4) minutes or the time limit determined by the Presiding Officer. Each speaker musthave submitted their request to speak by completing the Speaker’s Form or mayemail mayorandcouncil@trophyclub.orgANNOUNCEMENTS AND REPORTS1.American Heart Association Mission Lifeline: Gold Plus Award awarded to the TrophyClub Fire Department (J. Wise).2.Update on the Indian Creek Project (M. Cox).3.“Patriot Day Remembrance” ceremony on September 11, 2022 (J. Wise).4.Announcement of our Volunteer Reception (W. Carroll). PROCLAMATION(S)5.Issuance of Proclamation 202212 proclaiming September 11, 2022 as “Patriot Day” inTrophy Club. (Mayor Fleury)CONSENT AGENDA6.Consider and take appropriate action regarding an Amendment to the InterlocalAgreement between the Town and Northwest Independent School District for SchoolResource Officer services for Fiscal Year 20222023; and authorizing the Mayor or herdesignee to execute all necessary documents (P. Arata).7.Consider and take appropriate action regarding a Resolution of the Town Councilsupporting the development of a Vision Zerobased strategy for safer streets in TrophyClub (W. Carroll).8.Consider and take appropriate action regarding a resolution of the Town Councilauthorizing amendments to financial institution documents naming authorized Townrepresentatives on Texas Local Government Investment Pools (TexPool) signatureaccounts; and providing an effective date (W. Carroll).9.Consider and take appropriate action approving Agreements with Lawns of Dallas andYellowstone Landscape for mowing services (T. Jaramillo).10.Consider and take appropriate action regarding the Town Council Meeting Minutesdated July 26, 2022 (A. Otterson).PUBLIC HEARING(S)11.Conduct a Public Hearing regarding the proposed Fiscal Year 20222023 Budgetpursuant to Section 9.05 of the Town Charter and Local Government Code 102.006(W. Carroll).INDIVIDUAL ITEMS12.Take appropriate action to approve Ordinance 202225 adopting the Town of TrophyClub Fiscal Year 20222023 Budget (W. Carroll).13.Consider and take appropriate action regarding an Ordinance of the Town Council ofthe Town of Trophy Club accepting and approving an Update of the Service andAssessment Plan and an Updated Assessment Roll for the Town of Trophy ClubPublic Improvement District No. 1 (Authorized Improvements Assessment); makingand adopting findings; accepting and approving the annual Service Plan Update and
Updated Assessment Roll; and providing an effective date (W. Carroll).
14.Disscuss and take appropriate action regarding an Ordinance approving the Atmos
MidTex 2022 settlement (W. Carroll).
15.Review Future Agenda Items List (W. Carroll).
EXECUTIVE SESSION
16.Pursuant to the following designated section of the Texas Government Code,
Annotated, Chapter 551 (Texas Open Meetings Act), the Town Council will recess
into executive session to discuss the following;
a) Section 551.087 Economic Development – Deliberate Economic Development
Negotiations regarding prospective commercial projects within the Town of Trophy
Club.
b) Section 551.071 AttorneyClient privilege
1) Deliberate a possible Interlocal Agreement with multiple governmental entities
to provide services to Trophy Club citizens.
2) Update on Norwood vs Trophy Club
c) Section 551.074 Personnel matters – Deliberate the appointment, employment,
evaluation, reassignment, duties, discipline or dismissal of a public officer or
employee.
RECONVENE INTO REGULAR SESSION
17.Consider and take appropriate action regarding Executive Session items (Mayor
Fleury).
ADJOURN
One or more members of the Town Council may participate remotely using video
conferencing pursuant to Chapter 551 of the Texas Government Code.
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 bulletin board at Trophy Club Town Hall, 1
Trophy Wood Drive, Trophy Club, Texas, on August 19, 2022 by 5:00 p.m. in accordance with
Chapter 551, Texas Government Code.
__________________________________
Anita Otterson
Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs,
please contact the Town Secretary’s Office at 6822372900, 48 hours in advance, and
reasonable accommodations will be made to assist you.3
Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262August 23, 2022 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM Mayor FleuryINVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes PLEDGES led by Mayor Pro Tem LamontPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter. The Councilis not permitted to discuss or take action on any presentations made. Presentationsare limited to matters over which the Council has authority. Speakers have up to four(4) minutes or the time limit determined by the Presiding Officer. Each speaker musthave submitted their request to speak by completing the Speaker’s Form or mayemail mayorandcouncil@trophyclub.orgANNOUNCEMENTS AND REPORTS1.American Heart Association Mission Lifeline: Gold Plus Award awarded to the TrophyClub Fire Department (J. Wise).2.Update on the Indian Creek Project (M. Cox).3.“Patriot Day Remembrance” ceremony on September 11, 2022 (J. Wise).4.Announcement of our Volunteer Reception (W. Carroll). PROCLAMATION(S)5.Issuance of Proclamation 202212 proclaiming September 11, 2022 as “Patriot Day” inTrophy Club. (Mayor Fleury)CONSENT AGENDA6.Consider and take appropriate action regarding an Amendment to the InterlocalAgreement between the Town and Northwest Independent School District for SchoolResource Officer services for Fiscal Year 20222023; and authorizing the Mayor or herdesignee to execute all necessary documents (P. Arata).7.Consider and take appropriate action regarding a Resolution of the Town Councilsupporting the development of a Vision Zerobased strategy for safer streets in TrophyClub (W. Carroll).8.Consider and take appropriate action regarding a resolution of the Town Councilauthorizing amendments to financial institution documents naming authorized Townrepresentatives on Texas Local Government Investment Pools (TexPool) signatureaccounts; and providing an effective date (W. Carroll).9.Consider and take appropriate action approving Agreements with Lawns of Dallas andYellowstone Landscape for mowing services (T. Jaramillo).10.Consider and take appropriate action regarding the Town Council Meeting Minutesdated July 26, 2022 (A. Otterson).PUBLIC HEARING(S)11.Conduct a Public Hearing regarding the proposed Fiscal Year 20222023 Budgetpursuant to Section 9.05 of the Town Charter and Local Government Code 102.006(W. Carroll).INDIVIDUAL ITEMS12.Take appropriate action to approve Ordinance 202225 adopting the Town of TrophyClub Fiscal Year 20222023 Budget (W. Carroll).13.Consider and take appropriate action regarding an Ordinance of the Town Council ofthe Town of Trophy Club accepting and approving an Update of the Service andAssessment Plan and an Updated Assessment Roll for the Town of Trophy ClubPublic Improvement District No. 1 (Authorized Improvements Assessment); makingand adopting findings; accepting and approving the annual Service Plan Update andUpdated Assessment Roll; and providing an effective date (W. Carroll).14.Disscuss and take appropriate action regarding an Ordinance approving the AtmosMidTex 2022 settlement (W. Carroll).15.Review Future Agenda Items List (W. Carroll).EXECUTIVE SESSION16.Pursuant to the following designated section of the Texas Government Code,Annotated, Chapter 551 (Texas Open Meetings Act), the Town Council will recessinto executive session to discuss the following;a) Section 551.087 Economic Development – Deliberate Economic DevelopmentNegotiations regarding prospective commercial projects within the Town of TrophyClub.b) Section 551.071 AttorneyClient privilege 1) Deliberate a possible Interlocal Agreement with multiple governmental entitiesto provide services to Trophy Club citizens. 2) Update on Norwood vs Trophy Clubc) Section 551.074 Personnel matters – Deliberate the appointment, employment,evaluation, reassignment, duties, discipline or dismissal of a public officer oremployee.RECONVENE INTO REGULAR SESSION17.Consider and take appropriate action regarding Executive Session items (MayorFleury).ADJOURNOne or more members of the Town Council may participate remotely using videoconferencing pursuant to Chapter 551 of the Texas Government Code.The Town Council may convene into executive session to discuss posted items as allowed bythe Texas Open Meeting Act, LGC.551.071CERTIFICATIONI certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1Trophy Wood Drive, Trophy Club, Texas, on August 19, 2022 by 5:00 p.m. in accordance withChapter 551, Texas Government Code.
__________________________________
Anita Otterson
Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs,
please contact the Town Secretary’s Office at 6822372900, 48 hours in advance, and
reasonable accommodations will be made to assist you.
4
2022-12
A PROCLAMATION OF THE TROPHY CLUB TOWN
COUNCIL PROCLAIMING PATRIOT DAY ON
SEPTEMBER 11, 2022 IN TROPHY CLUB, TEXAS.
WHEREAS, On September 11, 2001 al-Qaeda launched a series of terrorist
attacks upon the United States killing nearly 3,000 people; and
WHEREAS, first responders who risked and gave their lives to rescue others
demonstrated the unwavering heroism that continues to define our great Nation;
and
WHEREAS, a memorial at the Town of Trophy Club Fire Station has been
dedicated to those who perished in the attacks of 9-11; and
WHEREAS, On September 11, 2022 the national flag is flown at half-mast on all
US Government buildings and establishments while individuals are encouraged to
display flags at their homes; and
WHEREAS, a moment of silence is traditionally observed at 8:46 AM which
marks the time that the first plane flew into the World Trade Center. The Town
of Trophy Club will hold a memorial ceremony to honor the victims and remember
the heroes of 9/11 at the Trophy Club Fire Station on September 11, 2022.
NOW, THEREFORE, I, MAYOR ALICIA L. FLEURY, IN
CONJUNCTION WITH THE TOWN COUNCIL DO HEREBY
PROCLAIM September 11, 2022 as:
“PATRIOT DAY” in Trophy Club, Texas
And urge all citizens to observe a moment of silence to honor the innocent victims
who perished as a result of the terrorist attacks on September 11, 2001, and observe
this day with remembrance in honor of those individuals.
PASSED AND APPROVED by the Trophy Club Town Council this 23rd day of
August, 2022.
Anita Otterson, Town Secretary Alicia L. Fleury, Mayor
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Page 1 of 2
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To: Mayor and Town Council
From: Patrick Arata, Police Chief
CC: Wade Carroll, Town Manager
Anita Otterson, Town Secretary
Re: School Resource Officer Services
Town Council Meeting, August 23, 2022
Agenda Item:
Consider and take appropriate action regarding an Amendment to the Interlocal Agreement
between the Town and Northwest Independent School District for School Resource Officer
services for Fiscal Year 2022-2023; and authorizing the Mayor or her designee to execute all
necessary documents (P. Arata).
Strategic Link:
Safety & Security Achieve exceeding high standards for public safety and low crime rate.
Background and Explanation:
This Interlocal Agreement is for Police School Resource Officer services for Fiscal Year 2022 -
2023. The agreement provides two School Resource Officers for the four schools in Trophy Club
for one year. This agreement provides that NISD will cost-participate in the salary and benefits
for the officers, as well as provide funding for vehicle use.
Financial Considerations:
NISD will pay the Town an amount not to exceed $130,154.88 for two (2) School Resource
Officers and the use of police vehicles.
Legal Review:
The Town Attorney has reviewed this item and concurs with the staff recommendation.
Board/Commission/ or Committee Recommendation:
Not applicable.
Staff Recommendation:
Staff recommends Council approve the Interlocal Agreement for School Resource Officer services.
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Page 2 of 2
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3
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Attachments:
•NISD Interlocal Agreement for School Resource Officer Services Fiscal Year 2022-2023.
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION 2022- 10
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS
SUPPORTING A VISION ZERO STRATEGY TO ELIMINATE TRAFFIC FATALITIES AND
SERIOUS INJURIES IN THE TOWN OF TROPHY CLUB.
WHEREAS, streets are the public realm and should be designed to a higher standard as beautiful, safe,
and comfortable places for all people, in order to equitably support the common good and the vision of
the Town of Trophy Club to provide an integrated multimodal transportation network that contributes
to the safety, health, economic vitality and quality of life of all residents; and
WHEREAS, major cities across the United States and four Texas cities, Austin, Dallas, Ft. Worth, and San
Antonio have adopted Vision Zero policies and are implementing Vision Zero Action Plans; and
WHEREAS, Vision Zero aims to achieve zero fatalities and zero serious injuries in the roadway, and has
successfully reduced fatalities and serious injuries in cities where it has been implemented; and
WHEREAS, fostering a safe environment for residents and visitors and prioritizing traffic safety are key
objectives in the Town’s strategic plan; and
WHEREAS, non-automobile modes of transportation including walking, biking, golf carts, and public
transportation shall be included in transportation planning projects; and
WHEREAS, the desired outcome of the Complete Streets Policy is to create an equitable, balanced, and
effective transportation system where every transportation user can travel safely and comfortably, and
where sustainable transportation options are available to everyone; and
WHEREAS, all Town-owned new construction, reconstruction, resurfacing, restriping and rehabilitation
transportation projects in the public right-of-way including, but not limited to, streets and other
connecting pathways shall be designed, constructed, operated, and maintained so that all modes of
transportation allow all users to move safely, comfortably, conveniently and independently; and
WHEREAS, making roadways safer for vulnerable users is an important part of making the roadways
safer for everyone; and
WHEREAS, the Town of Trophy Club will develop a policy that specifies how transportation projects will
serve current and future land use. Transportation policies must take into account the current and
planned surroundings, such as buildings, parks, and trails to define current and expected transportation
needs; and
WHEREAS, Embracing Vision Zero through a comprehensive, multidisciplinary approach will lead to safer
communities, benefitting all users of the road. These calmer, safer streets will bring with them a
stronger sense of community and more vibrant economic centers:
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, THAT:
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The Town of Trophy Club supports the Vision Zero goal of eliminating fatalities and severe
injuries from traffic crashes by supporting the development of a Vision Zero-based strategy and related
performance measures to achieve the goal.
Adopted this 23rd day of August, 2022.
______________________________________
Alicia L. Fleury, Mayor
ATTEST:
_______________________________
Anita Otterson, Town Secretary
APPROVED AS TO FORM:
________________________________
J. David Dodd, III, Town Attorney
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Page 1 of 2
To: Mayor and Town Council
From: Wade Carroll, Town Manager
CC: Anita Otterson, Town Secretary
Re: Vision Zero Strategy for Safer Streets
August 23, 2022
Agenda Item:
Consider and take appropriate action regarding a Resolution of the Town Council supporting the
development of a Vision Zero-based strategy for safer streets in Trophy Club (W. Carroll)
Strategic Link:
This item relates primarily to the following strategic priorities and goals of the Town’s strategy
map.
Safety and Security- Prioritize traffic safety
Foster a safe environment for residents and visitors
Background and Explanation:
Town staff is asking for the Council to approve a resolution supporting a goal to create a Vision
Zero Plan to research and create improvements in traffic safety with the eventual goal of
achieving no serious injuries or deaths within the Town of Trophy Club caused from traffic
accidents. Over the past 3 years 155 accidents involving motor vehicles, golf carts, cyclists and
pedestrians have occurred. Those accidents caused 1 death and 36 serious injuries.
By taking action to support this goal Council is giving direction to staff to research and create an
action plan to reduce those deaths and serious injuries to zero by a date to be determined, to
create a committee to implement the action plan’s development, implementation and
monitoring. The approved support will also allow the Town to apply for the Federal SS4A grant
NOFO which would commit the US government to 80% of approved safety enhancing projects
identified by the action plan. This grant can be used in conjunction with other grants received
for future capital improvement projects.
Financial Considerations:
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Page 2 of 2
If approved the grant can be used in conjunction with other grants to fund a CIP project however
the Town would be responsible for 20% of the portion the federal grant pays.
Legal Review:
The Town Attorney has reviewed the resolution
Board/Commission/ or Committee Recommendation:
Not applicable
Staff Recommendation:
Staff recommends approval of resolution 2022-10 supporting a Vision Zero action plan be
created to reduce the number of serious injuries or deaths to zero.
Attachments:
•Resolution 2022-10
Town Council Approval:
Mayor Alicia Fleury or designee
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To:Mayor and Town Council
From:Wade L. Carroll, Town Manager
CC: Anita E. Otterson, Town Secretary
Re: TexPool Investment Pools
Town Council Meeting, August 23, 2022
Agenda Item:
Consider and take appropriate action regarding a Resolution of the Town Council authorizing
amendments to financial institution documents naming authorized Town representatives on
Texas Local Government Investment Pools (TexPool) signature accounts, and providing an
effective date (W. Carroll).
Strategic Link:
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Background and Explanation:
This resolution approves updates for authorized representatives, Anita E. Otterson and Patrick
Arata.
TexPool is a public funds investment pool in Texas that adheres to the requirements of the
Texas Public Funds Investment Act. For the past 15 years, TexPool has become the largest pool
in the state of Texas and currently states an average annual asset balance of over $17 billion.
TexPool maintains a rating of AAA with Standard and Poor’s, which is the highest rating
available.
Legal Review:
Not applicable
Board/Commission/ or Committee Recommendation:
Not applicable
Staff Recommendation:
Staff recommends Council approval Resolution
2022-09.
Attachments:
•Resolution 2022-09
Page 1 of 1
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2022-09
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, APPROVING AND AUTHORIZING
AMENDMENTS TO FINANCIAL INSTITUTION DOCUMENTS NAMING
AUTHORIZED TOWN REPRESENTATIVES ON TEXPOOL SIGNATURE
ACCOUNTS; APPOINTING AUTHORIZED REPRESENTATIVES AND
DESIGNATING INVESTMENT OFFICERS.
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code, as amended (the “Interlocal Act”), permits any “local government” to contract with
one or more other “local governments” to perform “governmental functions and services,”
including investment of public funds (as such phrases are defined in the Interlocal Act);
and
WHEREAS, the Interlocal Act authorizes the contracting parties to any interlocal
agreement to contract with agencies of the State of Texas, within the meaning of
Chapter 771 of the Government Code; and
WHEREAS, the Public Funds Investment Act, Chapter 2256 of the Texas
Government Code, as amended (the “PFIA”), authorizes the entities described in
Subsection (a) of the PFIA to invest their funds in an eligible public funds investment
pool; and
WHEREAS, it is in the best interests of this governmental unit (“Applicant”) to
invest its funds jointly in the Texas Local Government Investment Pools (TexPool) in
order better to preserve and safeguard the principal and liquidity of such funds and to
earn an acceptable yield; and
WHEREAS, Applicant is authorized to invest its public funds and funds under its
control in TexPool and to enter into the participation agreement authorized herein; and
WHEREAS, the Government Entity is a Government Entity as defined in the
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. The form of application for participation in TexPool attached to this
resolution is approved. The officers of Applicant specified in the application are
authorized to execute and submit the application, to open accounts, to deposit and
withdraw funds, to agree to the terms for use of the website for online transactions, to
designate other authorized representatives, and to take all other action required or
permitted by Applicant under the Agreement created by the application, all in the name
and on behalf of Applicant.
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RES 2022-09 Page 2 of 3
Section 2. This resolution will continue in full force and effect until amended or
revoked by Applicant and written notice of the amendment or revocation is delivered to
the TexPool Board.
Section 3. Terms used in this resolution have the meanings given to them by
the application.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, on this 23rd day of August 2022.
______________________________
Alicia L. Fleury, Mayor
Town of Trophy Club, Texas
ATTEST:APPROVED AS TO FORM:
Anita E. Otterson, Town Secretary J. David Dodd III, Town Attorney
Town of Trophy Club, Texas Town of Trophy Club, Texas
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RES 2022-09 Page 3 of 3
EXHIBIT A
TexPool Resolution Amending Authorized Representatives Form
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Page 1 of 3
To: Mayor and Town Council
From: Tony Jaramillo, Director of Parks and Recreation
CC: Wade Carroll, Town Manager
Anita Otterson, Town Secretary
Re: Request for Proposal (RFP) approval for mowing services
Town Council Meeting, August 23, 2022
Agenda Item:
Consider and take action on authorizing of an agreement for mowing services between the
Town of Trophy Club and Lawns of Dallas and Yellowstone Landscape through a Request for
Proposal (RFP).
Strategic Link:
Maintain Town assets, services, and codes of ordinances that preserve the natural beauty of the
Town.
Background and Explanation:
Staff prepared and advertised a Request for Proposal (RFP) for mowing services for various town
properties on June 17, 2022. The RFP included six (6) groups of various locations in town; firms
were asked to provide pricing for all groups, allowing the Town to award one or multiple
vendors. This methodology provides the most flexibility to the Town in selecting the best value
for the RFP while obtaining competitive pricing. As a result, five (5) proposals were received and
reviewed by staff including our Finance Department.
The RFP process included mowing services and man hour cost which would only be utilized by
staff on an as-needed basis. Staff anticipates various use of this “man hour” service in drought
recovery efforts and any other landscape related needs.
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Staff determined that SRH Landscapes, Lawns of Dallas, and Yellowstone Landscape were the
best qualified and the most cost competitive firms to provide the requested services. However,
SRH Landscapes decided to withdraw their proposal; staff then made the final decision,
awarding the next cost competitive firms, Lawns of Dallas and Yellowstone Landscape.
The agreement will commence October 1, 2022, and end September 30, 2023, and can be
renewed for four (4) additional one-year periods allowing for continuity of service while
maximizing savings by engaging both firms for multiple years. Additionally, to accommodate the
potential impacts of inflation on mowing services, the contract only allows for annual increases
of up to 3% annually. Funding for mowing and landscaping services for subsequent years will be
implemented each year during the Town’s annual budget process for Council’s consideration
and approval.
GROUP U.S. Lawns Yellowstone Lawns of Dallas SRH Landscapes
LLC BrightView
Group 1 - The
Highlands
$ 43,792.25 $ 20,847.37 $ 23,256.00 $ 16,830.00 $ 38,235.75
Group 2 - Irrigated
Common Areas
$ 36,697.19 $ 11,908.81 $ 21,340.00 $ 12,780.00 $ 33,285.32
Group 3 - Non
Irrigated Common
$ 40,005.09 $ 17,882.13 $ 17,766.00 $ 13,742.50 $ 35,835.21
Group 4 - Non
Irrigated Common
$ 30,003.87 $ 51,920.94 $ 8,046.00 $ 12,735.00 $ 21,218.36
Group 5 - Brush Hog
Mowing
$ 36,353.84 $ 16,279.62 $ 96,095.36 $ 15,615.00 $ 27,274.32
Group 6 - Non
Irrigated Common
$ 48,416.87 $ 22,839.10 $ 14,996.00 $ 21,035.50 $ 55,470.89
TOTAL annual
increase included per
agreement
YEAR ONE $89,843.80
YEAR TWO $91,068.04
YEAR THREE $93,800.08
YEAR FOUR $95,098.88
YEAR FIVE $97,951.84
GROUP U.S. Lawns Yellowstone Lawns of Dallas SRH Landscapes
LLC BrightView
Hourly Rate per 1
Worker $47.50 $45.00 $39.10 $60.00 $180.00
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Financial Considerations:
The Proposed FY 2022/23 Budget includes targeted funding within the Parks Independent Labor
line in the amount of $110,000 for landscape maintenance services. The mowing services
agreement totals to $89,843.00 for the first year, the remaining funds are for “hourly rate
workers” to perform landscape related maintenance services in which will be utilized on an as-
needed basis only.
Legal Review:
Not applicable
Board/Commission/ or Committee Recommendation:
Not applicable
Staff Recommendation:
Staff recommends the approval of the RFP for mowing services in a not to exceed amount of
$110,000 as presented
Attachments:
•Lawns of Dallas executed RFP
•Yellowstone Landscape executed RFP
•Groups 1-6 aerials
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1
Town of Trophy Club
Town Council Regular Session Minutes
Tuesday, July 26, 2022; 7PM
The Trophy Club Town Council met in a Regular Meeting on Tuesday, July 26, 2022. The meeting was held at Town
Hall, 1 Trophy Wood Drive in the Council Chambers.
TOWN COUNCIL MEMBERS PRESENT:
Alicia L. Fleury Mayor
Greg Lamont Mayor Pro Tem, Place 1
Jeff Beach Council Member, Place 2 (participated via video conference)
Dennis Sheridan Council Member, Place 3
LuAnne Oldham Council Member, Place 5
Steve Flynn Council Member, Place 6
TOWN COUNCIL MEMBERS ABSENT:
Karl Monger Council Member, Place 4
STAFF PRESENT:
Wade Carroll Town Manager
David Dodd (Remote) Town Attorney
Jason Wise Fire Chief
Patrick Arata Police Chief
Tony Jaramillo Director of Parks and Recreation
Jill Lind Marketing and Communications Director
Anita Otterson Acting Town Secretary
Mike Erwin Finance Director
Matt Cox Community Development Director
Haley Archer Director of Human Resources
CALL TO ORDER AND ANNOUNCE A QUORUM
Mayor Fleury called the meeting to order at 7:00 PM and noted a quorum with all Council Members present except
for Council Member Monger who was out due to illness and Council Member Beach participated remotely.
INVOCATION led by Reverend Bill Eason, Fellowship United Methodist Church
PLEDGES led by Council Member Oldham
Pledge of Allegiance to the American Flag.
Pledge of Allegiance to the Texas Flag.
PUBLIC COMMENTS
Jennifer Olson, 340 Inverness Drive, Ms. Olson discussed the CCPD proposed budget. She stated that the Town
Council can only accept or reject the CCPD budget and cannot make changes to the CCPD budget as presented. The
budget is almost $370,000 and no explanation of categories or details even though members of the community have
asked for clarification. During the June 20, 2022 CCPD Meeting a CCPD Board Member inquired about the budget
line item for Legal Fees. Ms. Olson stated that this line item is not available for the public to view and she would like
to see what the dollar amount is in this line. She stated that there has been no accountability for how the CCPD
funds were spent in the past so they have been threatened by lawsuits recently. She stated that Police Chief Patrick
Arata was in the meeting and was very vague about why there would even be lawsuits. She stated that she has
documentation proving that Town employees have spent a lot of time and money to ensure that public records were
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kept secret or destroyed. She stated that the Town Attorney has worked feverishly on these cases, but the Town
decided to hire a large outside firm to handle the Town’s defense, costing the Town thousands of dollars. The same
outside law firm was hired to respond to an Attorney General complaint alleging the police department was not
legally responding to open records requests. The police department has been denying public information to
requestors and the Office of the Attorney General’s office has forced the Town to provide the information that was
denied and required to return money to requestors because they were overcharged. We need to evaluate how much
we’re paying our Town Attorney because we’re also paying big law firms to handle petty issues that should be
resolved by the Town Lawyer. She hopes Council will ask questions regarding the CCPD Budget.
ANNOUNCEMENTS AND REPORTS
1. Business Spotlight – Poki Bowl, Brian and Kirsten Lehrmann (Mayor Fleury)
Mr. Lehrmann described poke as deconstructed sushi. He said they had a phenomenal grand opening. Mayor Fleury
noted that they offer cooked toppings as well, if you don’t like raw fish. Mr. Lehrmann said they also have vegetarian
options. Everyone favorably commented on the ice cream.
2. Update on July 4th (T. Jaramillo).
Parks and Rec Director Tony Jaramillo thanked the Town Staff and all the departments that chipped in to help at the
events. He said they had 476 runners in the 5K event and raised $9386 in revenue from the event. Meat U Anywhere
breakfast was provided by Bara Church. TCPRVA volunteers helped out for the race. The Parade of Patriots had 41
registrations and over 100 participants, including special guest Jackie Hayden. There were approximately 3,500
spectators. For the fireworks, we had about 6,500 attendees and raised $4,000 from wristband sales. They had
increased food vendors this year and increased inflatables which helped with the lines at each area. He also thanked
all of the sponsors for the event.
PROCLAMATIONS
3. Issue Proclamation 2022-11 proclaiming July 2022 as Everybody Love Everybody Month
in Trophy Club (Mayor Fleury).
Mayor Fleury read the Proclamation. Mayor Fleury made a motion to accept Proclamation 2022-11. The motion was
seconded by COUNCIL MEMBER Sheridan. The motion passed unanimously.
Mayor Fleury stated that Chris Bailey and family are committed to Everybody Love Everybody. They do this every
day – providing socks, sleeping bags, diapers, etc to the less fortunate. It drives the point home that one person can
make a difference. She thanked Chris and his family for everything that they do. Chris Bailey thanked everyone in
Trophy Club for all their support.
CONSENT AGENDA
4.Consider and take appropriate action approving a contract with Halff Associates for
Landscape Architect services; Contract includes design of four entrances into Trophy Club
including prominent placement and landscape design surrounding bronze statues and
landscape designs that can be incorporated in medians throughout Town. Landscape
Architect services not to exceed $37,000. (W. Carroll)
5. Consider and take appropriate action regarding the Town Council Meeting Minutes dated
June 28, 2022 (A. Otterson).
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Mayor Fleury pulled item #4 to discuss. She said that we have been working on traffic mitigation
for a while. She and Town Manager Carroll went to the Commissioner’s Court in Denton County
and met with Dianne Edmondson today. They were told that Trophy Club will be part of the bond
on the ballot in November 2022 for traffic mitigation. This may change the scope of work for the
Halff contract. The Mayor thanked Commissioner Edmondson for working hard to get us in this
grant program and she thanked Town Manager Carroll for finding several solutions to our traffic
issues.
She made a motion to approve item #4. The motion was seconded by Council Member Lamont
and passed unanimously.
Mayor Pro Tem Lamont made a motion to approve item #5. The motion was seconded by Council
member Flynn. The motion passed unanimously.
INDIVIDUAL ITEMS
6. Trophy Club Crime Control and Prevention District (CCPD) Budget.
a. Conduct a Public Hearing regarding the Trophy Club CCPD Budget for Fiscal Year
2023, submitted to the Town Council by the CCPD Board.
b. Consider and take appropriate action regarding the approval of the Trophy Club
CCPD Budget for Fiscal Year 2023 submitted to the Town Council by the CCPD
Board (M. Erwin).
Finance Director Mike Erwin provided information on the CCPD budget. The revenues are
estimated at $351,900, and expenditures at $359,000, with a slight use of fund balance. Some
expenditures include vehicles, professional outside services, and small equipment. At this point,
Council is approving the CCPD budget, EDC budget and CIP Plan so that we can put them in the
proposed budget that will be presented at the next Town Council Meeting.
Mayor Fleury announced that the Public Hearing would now be open at 7:29 pm.
One speaker was signed up to speak, Jennifer Olson, but she declined to speak. The Public Hearing
was closed at 7:30 pm.
Mayor Pro Tem Lamont made a motion to approve the CCPD budget for fiscal year 2023, as
submitted to the Town Council by the CCPD Board. The motion was seconded by Council
Member Beach.
Mayor Pro Tem Lamont questioned if the Legal fees were included in the general fund. Finance
Manager Erwin stated that it was included in Professional Outside Services in the CCPD budget
at $55,000.
The motion passed unanimously.
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7. Take appropriate action regarding the approval of the Trophy Club EDC-4B Budget (W.
Carroll, M. Erwin).
Town Manager Carroll discussed the EDC Budget which primarily stayed the same as last year’s
budget, but with 3 changes. Legal Fees have been increased to cover costs for the easement issues
that we’re dealing with on EDC-owned property, and we also have to have some deals with
developers for EDC property. The advertising budget was reduced by $10,000. It was decreased
based on the history of expenses in that account over the last three years. We increased the travel
budget and Schools and Training to allow the chair and vice chair to attend training that would
help them with developers.
Mayor Pro Tem Lamont made a motion to approve the EDC-4B budget for the fiscal year 2023 as
presented to Council by the EDC-4B Board. The motion was seconded by Council Member
Oldham.
Council Member Sheridan questioned the need for outside legal fees as opposed to using our Town
Attorney. Town Manager Carroll explained that our Town Attorney, David Dodd, is an excellent
attorney, but he is a general law attorney. Sometimes these economic development deals are very
specialized in land use and we need someone who specializes in land development.
The motion passed unanimously.
8. Consider and take appropriate action regarding the approval of the Trophy Club Capital
Improvement Plan Budget for Fiscal Year 2023-2027 (M. Erwin).
Mr. Erwin stated that the Towns Code of Ordinances required the Town Manager to present
this to the Council prior to August 1st of each year. The plan includes streets, drainage,
Trophy Club Park, sidewalks, pool, parks, and fields. It has various funding sources – it
has ARPA funds, current bond funds and future bond funds.
Mayor Pro Tem Lamont made a motion to approve the Trophy Club Capital Improvement
Budget for fiscal years 2023-2027 as submitted to the Town Council. The motion was
seconded by Council Member Flynn. The motion passed unanimously.
9.Case PP-22-001 (Bobcat Village Phase 1, formally 1H)
Consider and take appropriate action regarding a Preliminary Plat for Bobcat Village Phase
1 (formally 1H) containing + 2.788 acres of land located east of Bobcat Boulevard, south
and east of Halifax Street, and north of Byron Nelson High School. (M. Cox).
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Community Development Director Matt Cox stated that Town Council approved the PD
for this property; it was formerly a gas well site. The property owner has applied for a
preliminary plat. He showed the approved concept plan for phase 1 and 2. Including 21
residential lots and 2 open space private street lots and 1 open space lot. These lots meet
or exceed the minimum standards in the adopted PD regulations. An HOA will be created.
The P&Z Board were presented with this plan and unanimously recommended approval of
this plat with 2 additional conditions; first note #4 shall include: private streets shall be
privately owned and maintained by the HOA and; Capping and condition of the well
documentation from the Texas Railroad Commission shall be supplied. The applicant has
amended Note #4 as requested and the well history and capping information has been
supplied. The Town Engineer and the Fire Marshal have reviewed the plans with no
additional comments. Staff recommendation is to approve the Preliminary Plat with the
following conditions:
1. Applicant shall provide street names for review/consideration prior to a Final Plat application.
2. Applicant shall provide details for private street gates plan/design/turnround for
review/consideration prior to a Final Plat application.
3. Applicant shall provide HOA documents for review/consideration prior to a Final Plat application.
4. Applicant shall provide traffic calming design/plan for access area between Phases 1 and 2 for
review/consideration prior to a Final Plat application.
5. The pipeline easement, access, abandonments, amendments, etc. are currently being coordinated
with the applicant, Staff and the Town Attorney. An agreed-upon plan to address the pipeline
easement shall be completed prior to a Final Plan application.
6. Plat and accompanying engineering plans are subject to additional review comments/conditions
with plat resubmissions.
Mayor Pro Tem Lamont made a motion to approve the Preliminary Plat for Bobcat Village Phase
1, formerly Phase 1H, containing + 2.788 acres of land located east of Bobcat Boulevard, south and
east of Halifax Street, and north of Byron Nelson High School. The motion was seconded by
Council Member Beach.
Council Member Sheridan stated that he wanted to make an amendment to the motion. He would
like a note added to the Preliminary Plat prior to any “dirt turning over”. Currently, there are two
HOAs identified, one for each phase. He noted that these preliminary plats only deal with the land
that is owned by the Beck Companies. It doesn’t include the connecting roads or access, or how
they get there from Bobcat Blvd. He would like to have the HOAs responsible for all of the
additional items offsite.
Council Member Sheridan made a motion to add an amendment to Phase 1 - Bobcat HOA (Phase
1 and 2; making it 1 HOA) shall be responsible for the ownership, operation and maintenance of
any commonly held property and offsite elements that provide easements of access and utilities to
Bobcat Village from Bobcat Blvd and between Phase 1 and 2 including but not limited to the private
road.
The motion was seconded by Council Member Oldham.
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Mr. Yochoua Arrouas, the applicant, wanted to confirm that the amendment was asking for the
HOA to maintain the road connecting Bobcat Blvd to Parcel 1H. Town Manager Carroll stated that
the portion of the road on Town Property would be maintained by the Town. The HOA would be
required to maintain anything that started on their property. Town Attorney David Dodd stated that
the only way we could force them to maintain the road on Town property would be if the
community was gated and the gate was placed on Town property, the road would be considered
private from the gate on.
Town Manager Carroll recommended that a note would be added to the preliminary plat as follows:
That a single HOA be made and responsible for ownership of commonly owned property within
the site.
Council Member Sheridan stated that this would cover the portion of the road from Bobcat Blvd to
Phase 1 but what would happen to the road from phase 1 to phase 2? Mr. Arrouas said he hasn’t
thought about that aspect yet. Town Manager Carroll stated that this portion of the road is owned
by the School District and asked Mr. Arrouas if he would be taking care of that part of the roadway
through the HOA. Mr. Arrouas stated that he didn’t feel like the school would allow him to build
a road and with the road easement being in place he isn’t sure if that would work. Town Manager
Carroll asked if “All commonly owned property within the plat with the inclusion of the drive
between Phase 1 and 2” would be agreeable language and Mr. Arrouas said Yes.
Council Member Oldham questioned if the Town would still be responsible for maintaining the
private road easement across Town Property. Town Manager Carroll stated yes, because that is the
Town’s only access to the water tower. Council Member Oldham stated that the exclusive road
easement benefits Beck only and it’s for their exclusive use so why would we maintain it. Mr.
Carroll stated that we had discussed replating that. Council Member Oldham stated that if we
replatted it, it would become a public road, was that the intent to replat and dedicate as public? Mr.
Carroll said Yes, that was the intent. Council Member Oldham agreed that that made sense.
Mayor Pro Tem Lamont asked if we could force an HOA to maintain certain property if the
developer doesn’t want to do that. Why are we forcing an HOA to do something that should be
their decision? David Dodd stated that we can force them to maintain the property that they own.
If we allow them to have a monument sign or something similar on our property, we can require
them to maintain that. As far as a private road, if the gate is on our property we can require them to
maintain the part of the road inside the gate. If it’s a public road, or other people have access to it,
we can’t require it. Mayor Pro Tem Lamont asked what if the developer/owner doesn’t want to
turn ownership over to the HOA?
Town Manager Carroll stated that we cannot force them but we can ask them to take responsibility
of the roadway and the maintenance of the roadway between phase 1 and 2. They can accept that
responsibility, but we can’t force it.
Mayor Pro Tem Lamont asked why we were making this an amendment.
Council Member Sheridan stated that somebody has to maintain it. If the road is part of Bobcat
Village, even if it’s on an easement it’s still private street within this neighborhood. Somebody has
to be responsible for private streets.
Mayor Pro Tem Lamont asked what private streets he was referring to. Council Member Sheridan
stated that we have resolved the issue for the road leading into Phase 1, but we still needed to figure
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out the portion of road between phase 1 and phase 2. He stated that it was more than just the road
– what about cross walk maintenance, and sidewalks. Naturally, in a private community the HOA
would maintain it. All he would like is acknowledgement on the plat on Note 4 that this is going
to happen.
Mr. Carroll said that he felt that was what Mr. Arrouas had intended to happen.
Council Member Sheridan withdrew his motion. Mayor Pro Tem Lamont made a motion to add a
note to the preliminary plat that a single HOA be named and be responsible for ownership of
commonly owned property, including the property between phase 1 and 2. Council Member
Sheridan seconded the motion.
Mayor Pro Tem Lamont asked if we could force an HOA to own something. Mr. Carroll replied
No. Mr. Arrouas asked how we can force him to maintain a property that is not included in the
plat.
Council Member Sheridan stated that Mr. Arrouas presented to the Town a very unique situation.
You have 2 parcels that are separated by a piece of property that is owned by somebody else. But
you are creating one neighborhood. In order to do that, the developer has to connect them with a
road. All he wants to do is determine who is going to maintain that road. I think that it would go
with the rest of the community as an HOA, but if there’s another way to do, he is all for hearing it.
Mr. Arrouas stated that since the land is owned by NISD, that this is something that would be
worked out between Beck and the NISD. Council Member Sheridan stated in that case that Beck
now has a plat for phase 2 that he doesn’t have access to. Mr. Arrouas stated that he has a road
easement. Council Member Sheridan said all he wanted to know was who was going to maintain
the road that he was going to put in there. It’s not an NISD issue and it’s not a Beck issue, it’s an
HOA issue.
Mr. Carroll, speaking to Mr. Arrouas, said that Mr. Arrouas had stated that Beck would be willing
to maintain the road between phase 1 and 2. Was that correct? Mr. Arrouas said yes. Mr. Carroll
asked does any of this matter? We can’t force you (Beck) but we can ask and you can either accept
or deny.
David Dodd said the easement connecting the 2 phases doesn’t show a road that’s built to standards
for police and fire and it becomes a health and safety issue if it deteriorates and isn’t maintained.
And Beck is also asking for approval of a plat that doesn’t show proper access and maintenance.
So, it’s a health and safety issue why we can ask the HOA to maintain the connecting road.
Mayor Pro Tem Lamont asked if this could be done on the Final Plat. Matt Cox said Yes and that
this discussion should probably be on phase 2 agenda item.
Council Member Sheridan withdrew the motion for the amendment.
Mayor Pro Tem Lamont made a motion to approve the Preliminary Plat for Bobcat Village Phase
1, formerly Phase 1H, containing + 2.788 acres of land located east of Bobcat Boulevard, south and
east of Halifax Street, and north of Byron Nelson High School.
Council Member Oldham stated that she had an amendment that she would like to add to Phase 1.
She asked Mr. Arrouas that in an email he wrote to the Town, he indicated to staff that he is looking
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to cooperate with the Town in our replating of the adjoining lot, and in that replat, we would be
putting in public utility easements which are required by Ordinance along with a public road up to
your lot line. In exchange for that, we would take the abandonment of the pipeline easement that is
currently sitting on that lot, and abandon that exclusive private roadway easement on that lot only.
Mr. Arrouas agreed that was true. She would like to see that on the preliminary plat so when we
go to Final Plat it has already been addressed.
Council Member Oldham made a motion to amend the current motion to read: Applicant agrees to
cooperate with the Town of Trophy Club in replating lot 2, block 1 NISD High School addition 2,
to replace the existing exclusive road easement and pipeline easement recorded 2004-52884 with
public road residential access, public utility easement, prior to phase 1 final plat subdivision.
Council Member Sheridan seconded the motion for the amendment.
Mayor Pro Tem Lamont asked for clarification on the amendment. Council Member Oldham said
that what we’re doing is taking exclusive private road easement and replacing it with public road
up to the lot line and then we’re taking a pipeline easement that was very specific in its’ creation
and intent and we’re going to replace that with a public utility easement to take care of all of our
utilities. This runs it from Bobcat to the start of the subdivision so it works for the applicant in that
we are willing to do that for the replat as the owner of the property and it works for us as we clean
that bit up.
Mayor Pro Tem Lamont asked if we don’t do it would there be a problem bringing public utilities
into the area? Council Member Oldham said Yes.
Council Member Flynn asked if what Council Member Oldham just stated was completely covered
in the amendment that she made. She said Yes.
The motion for the amendment stayed – motion made by Council Member Oldham, seconded by
Council Member Sheridan.
The motion passed with all Council Members voting in favor.
The original motion as amended at the Dias was voted on. All Council Members voted in favor.
10.Case PP-22-002 (Bobcat Village Phase 2, formally 1HB)
Consider and take appropriate action regarding a Preliminary Plat for Bobcat Village Phase
2 (formally 1HB) containing + 2.106 acres of land located east of Bobcat Boulevard, east
of Halifax Street, and north of Byron Nelson High School. (M. Cox)
Matt Cox said this Preliminary Plat was almost identical to Phase 1. It went to P&Z and
Council in December. It was recommended by P&Z and Council approved it. This plat
consists of 14 residential lots and 2 open space lots and private street lots. The lots meet
or exceed the minimum standards. The development is proposed as private streets. There
will be an HOA created with the filing of the final plat. The Town Attorney has been
assisting with the existing access and pipeline easements. P&Z recommended the approval
of the preliminary plat. This didn’t have any drilling so there wasn’t an issue with capped
wells. Note 4 will contain “private streets will be owned and maintained by the HOA”.
The Town Engineer and Fire Marshal have both reviewed the plan and have no additional
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comments. Staff has reviewed the preliminary plat and are recommending the approval
subject to the following conditions:
1. Applicant shall provide street names for review/consideration prior to a Final Plat
application.
2. Applicant shall provide details for private street gates plan/design/turnround for
review/consideration prior to a Final Plat application.
3. Applicant shall provide HOA documents for review/consideration prior to a Final Plat
application.
4. Applicant shall provide traffic calming design/plan for access area between Phases 1 and
2 for review/consideration prior to a Final Plat application.
5. The pipeline easement, access, abandonments, amendments, etc. are currently being
coordinated with the applicant, Staff, and the Town Attorney. An agreed-upon plan to
address the pipeline easement shall be completed prior to a Final Plan application; and
Plat and accompanying engineering plans are subject to additional review
comments/conditions with plat resubmissions.
Mayor Pro Tem Lamont made a motion to approve the Preliminary Plat for Bobcat Village
Phase 2 (formally 1HB) containing + 2.106 acres of land located east of Bobcat Boulevard,
east of Halifax Street, and north of Byron Nelson High School.
The motion was seconded by Mayor Fleury.
Council Member Sheridan stated that he had 2 issues- one is with the HOA. We have a
strip of land between 2 pieces of Beck property that’s part of the community. There is going
to have to be a road and utility easements and it’s going to have to have traffic calming on
site for the crosswalk to satisfy what the PD talked about – between Highland Glen and the
high school there is a walkway. Who maintains that? He feels it should be the HOA. Beck,
when this place is done, is out of the picture and so is any developer or outside company.
So, the residents, by way of an HOA, should be the one to do it.
Town manager Carroll stated that the amendment at this point would specify that a single HOA be
named and made responsible for ownership of commonly owned property including the roadway
between phase 1 and phase 2.
Council Member Sheridan confirmed that would include the traffic calming area and Town
Manager Carroll said Yes
Mayor Pro Tem Lamont made a motion to amend the motion for a note to be added to the
Preliminary Plat. That a single HOA be named and made responsible for ownership of commonly
owned property including the roadway between phase 1 and phase 2. The motion was seconded by
Council Member Sheridan.
Mayor Pro Tem Lamont questioned ownership.
The amendment passed with all Council Member voting yes.
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Council Member Sheridan had another amendment that he wanted to make to the motion. He stated
between Highland Glen and the proposed Bobcat Village PH 2 there is a wall. On the preliminary
Plat it reads “5 foot wall maintenance easement by this plat”, but it doesn’t describe what, who,
how and he would like that identified.
His motion for an amendment - A note added to the preliminary plat that a nonexclusive easement
and a right to construct, reconstruct and perpetually maintain access and facilities( whether by plat
or separate document is up to the applicant) to the Highland Glen community.
Town Manager Carroll confirmed that the amendment would be that a notation be added to the
preliminary plat to identify perpetual maintenance and reconstruction easement for reconstruction
or maintenance on the wall.
Mr. Carroll confirmed with Council Member Sheridan that the easement is shown, just not
identified, and he wants to identify that easement’s purpose.
Mayor Pro Tem Lamont asked if we can put this on the plat – forcing another community to comply.
Town Manager Carroll clarified that Highland Glen already has the responsibility to maintain the
wall. All we’re doing in Mr. Sheridan’s motion is identifying that easement; the location of that
easement is already there, we just want to identify that easement’s purpose.
Council Member Sheridan stated that the easement is on the Preliminary Plat. He just wants it to
say what it is to be used for.
Mr. Carroll stated that he didn’t think that we needed to name who is responsible to maintain the
easement, just that that is the purpose of the easement.
Council Member Sheridan said that this protects the Highland Glen people and gives them access
to the wall.
Council Member Oldham seconded the motion
Council Member Oldham stated that since the easement was a continuation of the plat for the
Highland Glen plat the easement was already identified. There was a 5 foot wall easement running
down the subdivision, but there was a gap in the easement at the location that was owned by C Oil
Investments. She feels the intent was to just get it on this plat and it really ties in with the one that
“gapped”. She thinks that identifying it as a 5 foot wall maintenance easement would be
appropriate, but how do we tie it back into the other documents.
Council Member Sheridan stated that it would be a separate piece of property or a separate issue
and when they say by this plat that means it’s got to be identified somehow or another by this
owner.
Mr. Carroll confirmed that the amendment would be that a notation be made on the preliminary
plat (noting that the applicant has agreed to put the notation on the plat) to identify the maintenance
easement along the west boundary of the property for the purpose of maintaining the retaining wall
by the retaining wall owner.
Council Member Sheridan withdrew his amendment.
170
11
Mayor Pro Tem Lamont asked Town Attorney David Dodd if this would give us any issues. Mr.
Dodd said that he would add 5 feet to identify the size of the easement.
A motion was made for an amendment by Mayor Pro Tem Lamont for a notation to be made on
the preliminary plat (noting that the applicant has agreed to put the notation on the plat) to identify
the maintenance easement along the west boundary of the property for the purpose of maintaining
the 5 foot retaining wall by the retaining wall owner. The motion was seconded by Council Member
Sheridan.
Mayor Pro Tem Lamont stated that he would vote against this. Matt Cox showed on the preliminary
plat where the current wall maintenance easement was located on the Highland Glen plat. He
showed the gap that Council Member Oldham referred to and stated that we were just trying to
“Connect the dots” for Phase 2 and for Highlands Glen so they have access to the wall. There is a
wall maintenance easement, but they just need to show on the plat that there is a 5’ access easement.
Mayor Pro Tem Lamont stated that it didn’t say “Access” and he asked Mr. Arrouas if he was ok
with that. He nodded yes.
The vote passed unanimously with all members voting in favor.
Council Member Oldham presented another amendment to the motion. She stated that there wasn’t
a public utility easement within the roadway easement connecting phase 1 and phase 2. There is a
pipeline easement there that was intended for mineral exploitation. She asked Mr. Arrouas what his
intent is for running public utilities from phase 1 to phase 2.
Mr. Arrouas said the engineer has all utilities running through the pipeline easement, because he
believes the wording says “gas, water or any type of substance”. There has been discussions with
NISD to see if they can just clean it up. He said we are very early in the game and he doesn’t have
all the answers. He said these are things that take time, but he is confident that working with NISD
they will get this accomplished.
She asked if he would object to presenting documentation to the Town attorney to review.
She asked if applicant agrees to provide documentation from Land owner (NISD) for town attorney
review and approval that adequately and properly evidences public utility easement rights in place
across the exclusive road easement and/or pipeline easement connecting phase 1 to phase 2 prior
to phase 2 final plat submission.
Mr. Arrouas asked if the “public easements” that were mentioned are not private? He said
everything running into the development would be private. Council Member Oldham stated that it
meant public utilities, franchise utilities. He said that he would have a problem with this, because
he’s not sure why the Town Attorney would have to review an agreement between NISD and Beck.
Council Member Oldham stated that she just wanted to see evidence of recorded documents.
Mr. Arrouas stated that if he doesn’t have the proper documentation then Matt wouldn’t let him
start the work. So, he’s going to get his documentation, he’s just not sure why the Town would
need to review them.
Council Member Oldham stated that all we were wanting to see is if he does obtain a utility
easement or if he modifies the existing easements to include the franchise utility vendors, then that
would be enough.
Mayor Fleury asked if this could wait until the Final Plat.
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12
Mr. Carroll clarified that what Mr. Arrouas was saying was that he was going to have to show those
utilities on something for us to be able to give him a permit to build, he’s got to show where utilities
are coming from. He believes what Council Member Oldham is asking that we just have some
kind of assurance that that is coming.
Council Member Oldham stated that our ordinance also requires that “specifically indicating the
connection of improvements in adjacent subdivisions” so we’re just wanting to see how they’re
going to connect and right now it’s a question mark because he already knows that he has to go
back to NISD to discuss this. She is looking for assurances that public easements will be in place
by separate document.
Mayor Fleury noted that she felt Mr. Arrouas was just having an issue with the need for our Town
Attorney to approve an Agreement between NISD and Beck. Mr. Arrouas stated that it was very
early in the game and we’re adding a lot of conditions that don’t really pertain to the plat. He doesn’t
want to commit to something that creates problems down the line.
Council Member Oldham asked if we could agree that once he gets the authority and the land rights
that will be filed as public record that we receive a copy
Mr. Arrouas said that they have land rights right now. Council Member Oldham stated that the land
rights were limited to an exclusive roadway easement and to a pipeline easement that is for the
exploitation of minerals, it’s not meant for residential public utilities. She stated that we are going
on faith that public utilities will be available to PH 2.
Mr. Carroll asked Council Member Oldham if she would be ok with this being a condition of
approval that would be on the final plat. Council Member Oldham said Yes if Mr. Arrouas would
agree to provide documentation. Mr. Carroll said that Mr. Arrouas was going to have to provide
some type of engineering that shows that he has the ability to bring the utilities to that property. So,
that’s going to be done at the final plat. So, can we agree that on the final plat Mr. Arrouas would
be able to note on the final plat where the utilities are being brought in. Mr. Arrouas stated Yes.
David Dodd stated that Beck has to show the utilities and how they’re going to get there. There are
multiple ways for this to be completed – something he reviews, noted on the plat, - but the actual
requirement is proof of utilities.
Council Member Oldham stated that she just wanted to make sure that we weren’t getting public
utilities run through a pipeline easement.
Mr. Arrouas stated they he would need to consult with his attorney to see what the best solution is
for getting utilities to PH 2.
Mr. Carroll clarified that because it’s a requirement of our preliminary plat we can require Beck,
by final plat, to show us where utilities are going to be brought into phase 2.
David Dodd said that it is a requirement that he show an easement or some kind of land authority
to do it since it’s not his property.
Mr. Carroll asked for the easement between phase 1 and phase 2, can we legally require that as part
of the approval for the phase 2 plat? David Dodd said No, we just have to see that utilities are
coming and how they’re getting there.
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13
Council Member Oldham felt that because of the thorough discussion she could withdraw her
amendment.
Mayor Fleury confirmed that we now had a motion for item 10 with 2 amendments, the third
amendment has been withdrawn.
Mayor Pro Tem Lamont asked to be reminded what the second amendment was. Mr. Carroll
clarified that it was for the 5-foot maintenance agreement along the wall.
The motion passed unanimously with all members voting in favor.
11. Consider and take appropriate action amending Ordinance Section 14.02.252(J)(1) for
sales of alcoholic beverages within town-owned parks, contingent upon the Special Event
Review Committee (SERC) application reviewing process and approval by the Town
Manager or his designee (T. Jaramillo).
Tony Jaramillo stated that at a previous meeting Council approved the sale of beer and alcohol
for the First Annual Taste of Trophy Club event. It was a very successful event. At the same
meeting, then Council Member Shoffner asked that we grant permission for the sale of beer
and wine in town parks and for staff to be able to make that decision, along with the Town
Manager and Special Event Review Committee. It’s more of a convenience for staff not to
have to come to Council for review every time we have a request.
Mayor Pro Tem Lamont made a motion to approve amending Ordinance Section 14.02.252(J)(1)
for sales of alcoholic beverages within town-owned parks, contingent upon the Special Event
Review Committee (SERC) application reviewing process and approval by the Town Manager
or his designee. The motion was seconded by Council Member Flynn. The motion passed
unanimously.
12. Review Future Agenda items (W. Carroll)
Town Manager Carroll stated that we had received the Proof for the Veteran’s Memorial obelisk.
The wording on the monument has been sent to the committee for approval and we are waiting on
feedback from the group.
The second item to promote local businesses through EDC and Hot Funds. He has been working
with Jill Lind to set up meetings with hoteliers and local restaurants and he spoke with Schwab to
see what is the best product to get the best outcome – is it buy one get one free, maybe a coupon –
to bring lunchtime business to Trophy Club. The meeting with Schwab went very well, and we
hope to have other meetings completed in the next 30 days.
Mayor Pro Tem Lamont asked if we were having a joint meeting with the MUD. Mr. Carroll stated
that the new ILA stated that we only needed a joint meeting if one of the parties didn’t agree with
the preliminary budget presented. If one side or the other rejects, than we would be required to
have the meeting.
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14
Mayor Pro Tem Lamont stated that he would like to request a joint meeting because they are under
the impression that we are responsible for the property, when we are only responsible for fire
services. They are saying fire services includes maintaining the property.
Mr. Carroll asked Mayor Pro Tem Lamont if we were able to get written documentation that says
that they understand that they own the property as well (including an email) would that be
sufficient. Mayor Pro Tem Lamont agreed.
EXECUTIVE SESSION
13. Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter
551 (Texas Open meetings Act), the Town Council will recess into executive session to discuss the
following:
a. Section 551.087 Economic Development – Deliberate Economic Development
Negotiations regarding prospective commercial projects within the Town of Trophy Club.
b. Section 551.071 Attorney-Client privilege
1. Deliberate possible Interlocal Agreement with multiple governmental entities to
provide services to Trophy Club citizens.
c. Section 551.074 Personnel Matters – deliberate the appointment, employment, evaluation,
reassignment, duties, discipline or dismissal of a public officer or employee;
1. Town Manager
Council moved into executive session at 8:43 PM
RECONVENE INTO REGULAR SESSION
14. Consider and take appropriate action regarding executive session items (Mayor Fleury).
Council reconvened into regular session at 9:55
Mayor Fleury made a motion to approve Town Manager Wade Carroll’s contract as discussed in
executive session. The motion was seconded by Mayor Pro Tem Lamont. The motion passed
unanimously.
ADJOURN
Mayor Fleury adjourned the meeting at 9:56 pm
Attest:
_________________________ _________________________
Anita Otterson, Town Secretary Alicia L. Fleury, Mayor
174
Page 1 of 2
To: Mayor and Town Council
From: Wade L. Carroll, Town Manager
CC: Anita Otterson, Town Secretary
Re: Public Hearing on the Town Budget
Town Council Meeting, August 23, 2022
Agenda Item:
Conduct a Public Hearing regarding the proposed fiscal year October 1, 2022, to September 30,
2023, budget pursuant to Section 9.05 of the Town Charter and Local Government Code
102.006; making appropriations and providing for expenditures (W. Carroll).
Background and Explanation:
The proposed Fiscal Year 2023 budget has been presented to Council on August 9, 2022 – All
Funds.
Financial Considerations:
The Fiscal Year 2023 Budget represents the financial plan for the upcoming fiscal year.
Legal Review:
None applicable
Board/Commission/ or Committee Recommendation:
None applicable
Staff Recommendation:
N/A, public hearing
Attachments:
•Notice of Public Hearing on FY 2023 Proposed Budget
175
Page 2 of 2
Town Council Approval:
Alicia L. Fleury or designee
176
TO: Star Telegram / Classifieds Dept.DATE: 8/10/2022
FROM: April Duvall - Finance PAGES: 1
RUN DATE: August 11, 2022 (Thursday)SUBJECT: Public Notifications
TOWN OF TROPHY CLUB
NOTICE OF PUBLIC HEARING
Thursday, August 11, 2022
The Town Council for the Town of Trophy Club, Texas will hold a Public Hearing on the
Fiscal Year 2022-23 Annual Program of Services (Budget), on Tuesday, August 23,
2022, at 7:00 p.m. in the Town Council Chambers at Town Hall, located at 1 Trophy
Wood Drive, Trophy Club, Texas. The meeting will be held for the purpose of receiving
community input on the Budget.
THIS BUDGET WILL RAISE MORE PROPERTY TAXES THAN LAST YEAR’S
BUDGET BY $572,554 OR 6.5% AND OF THAT AMOUNT $55,421 IS TAX REVENUE
TO BE RAISED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR.
All interested citizens are encouraged to attend and express their views. A copy of the
budget document is available at Town Hall, Monday thru Friday, from 8:00 a.m. to 5:00
p.m.
177
Page 1 of 2
To: Mayor and Town Council
From: Wade L. Carroll, Town Manager
CC: Anita Otterson, Town Secretary
Re: FY 2023 Budget Adoption
Town Council Meeting, August 23, 2022
Agenda Item:
Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas
adopting and approving the Budget for the fiscal year beginning October 1, 2022 and ending
September 30, 2023, for the Town of Trophy Club; making appropriations; providing for
expenditures as allowed by applicable law; providing for filing of documents; repealing conflicting
ordinances; and providing an effective date (W. Carroll).
Strategic Link:
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Background and Explanation:
A public hearing was held on the proposed budget on August 23, 2022 as required by the Town
Charter and State Law.
Financial Considerations:
The Fiscal Year 2023 Budget represents the financial plan for the next fiscal year.
Legal Review:
Ordinance reviewed by Town Attorney
Board/Commission/ or Committee Recommendation:
None applicable
Staff Recommendation:
Staff recommends approval of Ordinance No. 2022-25
Attachments:
178
Page 2 of 2
•Ordinance No. 2022-25
•All Funds Summary
Town Council Approval:
Mayor Alicia L. Fleury or designee
179
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2022-25
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
ADOPTING AND APPROVING THE BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2023,
AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT,
PROJECT, OPERATION, ACTIVITY, PURCHASE, ACCOUNT AND
OTHER EXPENDITURES; PROVIDING FOR EMERGENCY
EXPENDITURES AND EXPENDITURES AS ALLOWED BY
APPLICABLE LAW; PROVIDING FOR FILING OF DOCUMENTS;
REPEALING CONFLICTING ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a home rule municipality regulated by
state law and it’s Charter; and
WHEREAS, the Charter of the Town provides that the Town Manager shall
prepare a proposed budget annually and submit that budget to Council; and
WHEREAS, the proposed budget for the Town of Trophy Club, Texas (the
“Town”) which has been filed with the Town Secretary is a budget to cover all proposed
expenditures of the Town for the fiscal year beginning October 1, 2022, and ending
September 30, 2023; and
WHEREAS, the budget shows as definitely as possible each of the various
projects for which appropriations are set up in the budget, shows the estimated amount
of money carried in the budget for each of such projects, and otherwise complies with
all requirements of the home rule Charter for the Town; and
WHEREAS, public notice of a public hearing on the proposed annual budget,
stating the date, time, and place and subject matter of the public hearing, was given as
required by the laws of the State of Texas and Town Charter; and
WHEREAS, the Town Council has studied the budget and listened to the
comments received at the public hearing and has determined that the budget attached
hereto is in the best interest of the Town of Trophy Club.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
180
ORD 2022-25 Page 2 of 4
SECTION 1.
APPROVING THE BUDGET
The all funds summary attached hereto as Exhibit “A” and incorporated herein
is approved and adopted for the fiscal year beginning October 1, 2022, and ending
September 30, 2023; and there is hereby appropriated from the funds indicated and for
such purposes, respectively, such sums of money for such departments, projects,
operations, activities, purchases, accounts and other expenditures as proposed in the
attached budget.
SECTION 2.
PROVIDING EMERGENCY EXPENDITURES
Pursuant to state law, no expenditure of the funds of the Town shall hereafter be
made except in compliance with the budget and applicable state law; provided,
however, that in case of grave public necessity emergency expenditures to meet
unusual and unforeseen conditions, which could not by reasonable, diligent thought and
attention have been included in the original budget, may from time to time be authorized
by the Town Council as amendments to the original budget. Pursuant to Town Charter,
the Council may make emergency appropriations to address a public emergency
affecting life, health, property or the public peace.
SECTION 3.
BUDGET FILED
The Town Council shall cause to be filed a true and correct copy of the approved
budget, along with this Ordinance, with the Town Secretary and in the office of the
County Clerk of Denton County, and Tarrant County, Texas. Additionally, a copy of the
budget shall be posted on the Town’s internet website.
SECTION 4.
CONFLICT
Any and all ordinances, resolutions, rules or regulations in conflict with this
Ordinance are hereby repealed and rescinded to the extent of the conflict herewith.
SECTION 5.
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 this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
181
ORD 2022-25 Page 3 of 4
SECTION 6.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved
as to any and all provisions of any other Ordinance affecting budget requirements,
which have secured at the time of the effective date of this Ordinance.
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance by filing this Ordinance in the ordinance records of the Town as
required in the Town Charter.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall be effective 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 23rd day of August 2022.
Alicia L. Fleury, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Anita Otterson, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
J. David Dodd, Town Attorney
Town of Trophy Club, Texas
182
ORD 2022-25 Page 4 of 4
EXHIBIT “A”
FISCAL YEAR 2022-2023 BUDGET
ALL FUNDS SUMMARY
183
FY23 Tax Rate COMPONENT
UNITS
0.435 General Fund Debt Service
Fund
Capital Projects
Fund
Capital
Equipment
Replacement
Fund
Information
Services
Replacement
Fund
Hotel
Occupancy
Fund
Street
Maintenance
Sales Tax Fund
Court
Technology
Fund
Court Security
Fund CCPD Fund Recreation
Program Fund
Parkland
Dedication
Fund
TIRZ #1 Grants Fund Trophy Club
Park Fund
Stormwater
Drainage
Utility Fund
EDC 4B Fund Total
Beginning Fund Balance - FY21
ACFR less FY22 Exp 5,876,307$ 99,915$ 4,511,976$ 1,113,722$ 218,873$ 2,178,433$ 436,033$ 6,025$ 36,127$ 244,053$ 19,315$ 383,166$ (327,716)$ 9,886$ 158,716$ 1,169,032$ 748,531$ 16,882,394$
Revenue
Property Tax 8,369,014 2,574,620 79,744 11,023,379
Licenses and Permits 190,000 190,000
Franchise Fees 877,500 877,500
Sales/Occupancy Tax 1,480,000 600,000 350,000 350,000 28,611 752,625 3,561,236
Fines and Fees 298,811 1,000 5,000 6,000 275,000 430,000 1,015,811
Intergovernmental (MUD)991,655 991,655
Grants 85,000 85,000
Charges for Service 815,154 815,154
Investment Income 24,000 20,000 5,000 1,000 1,900 1,750 1,500 5,000 60,150
Miscellaneous Income 161,000 2,500 7,500 500 171,500
Contributions -
Total Revenue 13,292,134$ 2,577,120$ 20,000$ -$ -$ 612,500$ 351,000$ 1,000$ 5,000$ 351,900$ 6,000$ 1,750$ 108,355$ -$ 276,500$ 435,000$ 753,125$ 18,791,385$
Expenditures
General Government 40,924 334,018 374,942
Manager's Office 773,531 773,531
Legal 150,230 150,230
Police 3,287,589 - 359,436 3,647,025
Emergency Medical Services 1,382,300 50,000 1,432,300
Fire 1,495,176 78,190 1,573,366
Streets 314,195 290,494 206,058 810,746
Parks 1,680,083 167,500 278,555 2,126,138
Recreation 859,997 147,217 6,000 1,013,214
Community Events 56,912 175,500 232,412
Community Development 486,724 52,000 538,724
Finance 648,042 648,042
Municipal Court 7,240 2,755 2,500 12,495
Human Resources 292,238 292,238
Communications 228,844 228,844
Information Services 811,517 100,000 911,517
Facility Maintenance 355,071 - 355,071
Debt Service 2,756,213 416 2,756,629
Capital - Projects 2,300,000 100,000 97,000 2,497,000
Total Expenditures 12,829,688$ 2,756,213$ 2,300,000$ 494,907$ 100,000$ 275,500$ 290,494$ 2,755$ 2,500$ 359,436$ 6,000$ 97,000$ 40,924$ -$ 278,555$ 206,058$ 334,434$ 20,374,464$
Current Revenues to
Expenditures 462,446$ (179,093)$ (2,280,000)$ (494,907)$ (100,000)$ 337,000$ 60,506$ (1,755)$ 2,500$ (7,536)$ -$ (95,250)$ 67,431$ -$ (2,055)$ 228,942$ 418,691$ (1,583,080)$
Other Sources (Uses):
Debt Issuance - -
Transfers In 151,500 201,518 494,907 100,000 947,925
Excess Current Revenue 462,446
Available for Transfer to Capital 613,946
Transfers Out 594,907 95,000 20,000 1,500 15,000 20,000 (746,407)
Total Other Sources (Uses)19,039$ 201,518$ -$ 494,907$ 100,000$ (95,000)$ (20,000)$ -$ (1,500)$ -$ -$ -$ -$ -$ (15,000)$ (20,000)$ -$ 663,964$
Net Increase (Decrease)19,039$ 22,425$ (2,280,000)$ -$ -$ 242,000$ 40,506$ (1,755)$ 1,000$ (7,536)$ -$ (95,250)$ 67,431$ -$ (17,055)$ 208,942$ 418,691$ (1,381,562)$
Ending Fund balance 5,895,346$ 122,340$ 2,231,976$ 1,113,722$ 218,873$ 2,420,433$ 476,539$ 4,270$ 37,127$ 236,517$ 19,315$ 287,916$ (260,285)$ 9,886$ 141,661$ 1,377,974$ 1,167,222$ 15,500,833$
GOVERNMENTAL FUNDS
All Funds Summary - Fiscal Year 2023
PROPRIETARY FUNDS
FY23 PROPOSED - 8/5/2022 x
184
Page 1 of 2
To: Mayor and Town Council
From: Wade L. Carroll, Town Manager
CC: Anita Otterson, Town Secretary
Re: Ordinance for Updated Annual Service and Assessment Plan and Assessment Roll
Town Council Meeting, August 23, 2022
Agenda Item:
Consider and take appropriate action regarding an Ordinance of the Town Council of the Town
of Trophy Club accepting and approving an Update of the Service and Assessment Plan and an
Updated Assessment Roll for the Town of Trophy Club Public Improvement District No. 1
(Authorized Improvements Assessment); making and adopting findings; accepting and approving
the annual Service Plan Update and Updated Assessment Roll; and providing an effective date
(M. Erwin).
Strategic Link:
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Background and Explanation:
Annually, the Town Council accepts the updated Service and Assessment Plan (SAP) and
Assessment Roll for the Town of Trophy Club’s Public Improvement District No. 1 (PID). Revenue
bonds were issued in 2007 for the acquisition, construction, and maintenance of this property
(located at The Highlands of Trophy Club), and, in 2015, Special Assessment Revenue Refunding
Bonds were issued. All funds have been expended for the Authorized Improvements.
Financial Considerations:
The SAP is prepared to identify the Authorized Improvements to be provided by the PID, including
costs, indebtedness, and manner of assessing the property in the PID for the costs of the
Authorized Improvements. This update for 2022 includes the assessment roll identifying each
parcel based on the method of assessment set forth in the Service and Assessment Plan, as
amended, and pursuant to this SAP update. No parcel subdivisions have been made since the last
update of the Assessment Plan in 2020.
Legal Review:
185
Page 2 of 2
None applicable
Board/Commission/ or Committee Recommendation:
None applicable
Staff Recommendation:
Staff recommends approval of the Ordinance No. 2022-26
Attachments:
•Ordinance No. 2022-26
•Annual Service Plan Update (2022) Trophy Club PID No. 1
Town Council Approval:
Mayor Alicia L. Fleury or designee
186
TOWN OF TROPHY CLUB
ORDINANCE NO. 2022-26
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS ACCEPTING AND APPROVING AN UPDATE OF THE
SERVICE AND ASSESSMENT PLAN AND AN UPDATED ASSESSMENT
ROLL FOR THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT
DISTRICT NO. 1 (“PID”) IN COMPLIANCE WITH CHAPTER 372
(AUTHORIZED IMPROVEMENT ASSESSMENT); MAKING AND
ADOPTING FINDINGS; PROVIDING FOR THE INCORPORATION OF
FINDINGS; ACCEPTING AND APPROVING THE ANNUAL SERVICE
PLAN UPDATE AND UPDATED ASSESSMENT ROLL FOR PID
ATTACHED AS EXHIBIT “A” HERETO; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING SEVERABILITY, PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on May 7, 2007, after due notice, the Town Council of the Town of
Trophy Club, Texas (the “Town Council”) held the public hearing in the manner required
by law on the advisability of the public improvements and services described in the
petition as required by Sec. 372.009 of the Public Improvement District Assessment Act,
Chapter 372, Texas Local Government Code, as amended (the “PID Act”) and made the
findings required by Sec. 372.009(b) of the PID Act and, by Resolution No. 2007-08
adopted by a majority of the members of the Town Council, authorized the PID in
accordance with its finding as to the advisability of the public improvements and services;
and
WHEREAS, on November 5, 2007, after notice and a public hearing conducted in
the manner required by law, the Town Council adopted Ordinance No. 2007-29, which
was supplemented by Ordinance No. 2009-24 adopted by the Town Council on
September 28, 2009 (as supplemented, the “Assessment Ordinance”); and
WHEREAS, on December 13, 2007, the Town Council issued special assessment
revenue bonds secured by the assessments levied pursuant to the Assessment
Ordinance (the “2007 Bonds”); and
WHEREAS, on December 22, 2015, the Town Council issued special assessment
revenue refunding bonds (the “2015 Bonds”), to refund in full the 2007 Bonds, such 2015
Bonds being secured by the assessments levied pursuant to the Assessment Ordinance;
and
WHEREAS, Section 372.013 of the PID Act and the Service and Assessment Plan
require that the Service and Assessment Plan and Assessment Roll be annually reviewed
and updated; and
187
ORD 2022-26 Page 2 of 4
WHEREAS, pursuant to the issuance of the 2015 Bonds, the Service and
Assessment Plan should be updated to reflect the issuance of the 2015 Bonds; and
WHEREAS, the Annual Service Plan Update and updated Assessment Roll
attached as Exhibit “A” hereto confirm the original Assessment Roll to the principal and
interest payment schedule required for the 2015 Bonds, thereby reducing the amounts
listed on the original Assessment Roll, and update the Assessment Roll to reflect
prepayments, property divisions and changes to the budget allocation for District public
improvements that occur during the year, if any; and
WHEREAS, the Town Council now desires to proceed with the adoption of this
Ordinance which supplements the Assessment Ordinance and approves and adopts the
Annual Service Plan Update and the Updated Assessment Roll attached thereto, in
conformity with the requirements of the PID Act, for the fiscal year beginning October 1,
2022, and ending September 30, 2023.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF FINDINGS
The findings and determinations set forth in the preambles above are incorporated
herein for all purposes and are hereby adopted.
SECTION 2.
ANNUAL SERVICE PLAN UPDATE AND UPDATED ASSESSMENT ROLL
The Annual Service Plan Update and Updated Assessment Roll attached hereto
as Exhibit “A” are hereby accepted and approved and compliance with the PID Act in
all matters is required.
SECTION 3.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal
any of the provisions of such Ordinances except for those instances where there are direct
conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the
time this Ordinance shall take effect and that are inconsistent with this Ordinance are
hereby repealed to the extent that they are inconsistent with this Ordinance. Provided
however, that any complaint, action, claim, or lawsuit which has been initiated or has
arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance
shall continue to be governed by the provisions of that Ordinance and for that purpose
the Ordinance shall remain in full force and effect.
188
ORD 2022-26 Page 3 of 4
SECTION 4.
SEVERABILITY
If any provision, section, subsection, sentence, clause, or phrase of this Ordinance,
or the application of same to any person or set of circumstances is for any reason held to
be unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance
or the application to other persons or sets of circumstances shall not be affected thereby,
it being the intent of the Town Council that no portion hereof, or provision or regulation
contained herein shall become inoperative or fail by reason of any unconstitutionality,
voidness, or invalidity of any other portion hereof, and all provisions of this Ordinance are
declared to be severable for that purpose.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance by filing this Ordinance in the ordinance records of the Town as
required in the Town Charter.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect, and the levy of the Assessments, and the
provisions and terms of the Plan shall be and become effective on upon passage and
execution hereof in accordance with the law.
ADOPTED, PASSED, and APPROVED by the Town Council, by a vote of
_______ members voting “for”, _______ members voting “against”, and with _______
absentees on this 23rd day of August 2022.
Alicia L. Fleury, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:APPROVED AS TO FORM:
Anita Otterson, Town Secretary J. David Dodd III, Town Attorney
Town of Trophy Club, Texas Town of Trophy Club, Texas
189
Exhibit “A”
Annual Service Plan Update and Updated Assessment Roll
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
67687
2022
Principal Interest Net Debt Service
2022 $1,557.18 $840.48 $2,397.67 $51.47 ($91.95)$2,357.19 $22,520.33
2023 $1,641.99 $792.50 $2,434.48 $52.24 ($91.95)$2,394.78 $20,963.14
2024 $1,724.67 $733.37 $2,458.04 $53.03 ($91.95)$2,419.12 $19,321.16
2025 $1,831.73 $671.40 $2,503.14 $53.82 ($91.95)$2,465.01 $17,596.49
2026 $1,921.83 $615.10 $2,536.93 $54.63 ($91.95)$2,499.61 $15,764.76
2027 $2,016.18 $553.51 $2,569.69 $55.45 ($91.95)$2,533.19 $13,842.92
2028 $2,116.88 $485.03 $2,601.90 $56.28 ($91.95)$2,566.24 $11,826.75
2029 $2,227.12 $411.72 $2,638.84 $57.12 ($91.95)$2,604.02 $9,709.87
2030 $2,337.36 $315.70 $2,653.07 $57.98 ($91.95)$2,619.10 $7,482.75
2031 $2,491.07 $194.99 $2,686.06 $58.85 ($91.95)$2,652.96 $5,145.38
2032 $2,654.31 $66.36 $2,720.67 $59.73 ($91.95)$2,688.46 $2,654.31
Total $22,520.33 $5,680.17 $28,200.49 $610.61 ($1,011.43)$27,799.67
(a) Tax Year 2022 corresponds to Bond Year 2023. Tax Year 2022 Annual Installments will become due by January 31, 2023.
(b) Subject to change.
Tax Year:
Exhibit A
Annual Installments By Lot Type
Parcel ID:
Lot Type: 1
Assessment
Balance
Tax
Year (a)
PID Bonds
Collections Costs
Refunding
Credit
Annual
Installment (b)
206
207
67687
2022
Principal Interest Net Debt Service
2022 $1,183.46 $638.77 $1,822.23 $39.12 ($69.88)$1,791.46 $17,115.45
2023 $1,247.91 $602.30 $1,850.21 $39.70 ($69.88)$1,820.03 $15,931.99
2024 $1,310.75 $557.36 $1,868.11 $40.30 ($69.88)$1,838.53 $14,684.08
2025 $1,392.12 $510.27 $1,902.38 $40.90 ($69.88)$1,873.41 $13,373.33
2026 $1,460.59 $467.48 $1,928.07 $41.52 ($69.88)$1,899.71 $11,981.22
2027 $1,532.29 $420.67 $1,952.96 $42.14 ($69.88)$1,925.22 $10,520.62
2028 $1,608.83 $368.62 $1,977.45 $42.77 ($69.88)$1,950.34 $8,988.33
2029 $1,692.61 $312.91 $2,005.52 $43.41 ($69.88)$1,979.05 $7,379.50
2030 $1,776.40 $239.93 $2,016.33 $44.07 ($69.88)$1,990.52 $5,686.89
2031 $1,893.21 $148.19 $2,041.41 $44.73 ($69.88)$2,016.25 $3,910.49
2032 $2,017.28 $50.43 $2,067.71 $45.40 ($69.88)$2,043.23 $2,017.28
Total $17,115.45 $4,316.93 $21,432.38 $464.06 ($768.69)$21,127.75
(a) Tax Year 2022 corresponds to Bond Year 2023. Tax Year 2022 Annual Installments will become due by January 31, 2023.
(b) Subject to change.
Tax Year:
Exhibit A
Annual Installments By Lot Type
Parcel ID:
Lot Type: 2
Assessment
Balance
Tax
Year (a)
PID Bonds
Collections Costs
Refunding
Credit
Annual
Installment (b)
208
209
67687
2022
Principal Interest Net Debt Service
2022 $965.45 $521.10 $1,486.55 $31.91 ($57.01)$1,461.46 $13,962.60
2023 $1,018.03 $491.35 $1,509.38 $32.39 ($57.01)$1,484.76 $12,997.15
2024 $1,069.29 $454.69 $1,523.99 $32.88 ($57.01)$1,499.85 $11,979.12
2025 $1,135.67 $416.27 $1,551.94 $33.37 ($57.01)$1,528.31 $10,909.82
2026 $1,191.54 $381.36 $1,572.90 $33.87 ($57.01)$1,549.76 $9,774.15
2027 $1,250.03 $343.18 $1,593.21 $34.38 ($57.01)$1,570.58 $8,582.61
2028 $1,312.46 $300.72 $1,613.18 $34.89 ($57.01)$1,591.07 $7,332.58
2029 $1,380.82 $255.27 $1,636.08 $35.42 ($57.01)$1,614.49 $6,020.12
2030 $1,449.17 $195.74 $1,644.90 $35.95 ($57.01)$1,623.84 $4,639.30
2031 $1,544.46 $120.90 $1,665.36 $36.49 ($57.01)$1,644.84 $3,190.14
2032 $1,645.67 $41.14 $1,686.82 $37.03 ($57.01)$1,666.84 $1,645.67
Total $13,962.60 $3,521.70 $17,484.31 $378.58 ($627.09)$17,235.80
(a) Tax Year 2022 corresponds to Bond Year 2023. Tax Year 2022 Annual Installments will become due by January 31, 2023.
(b) Subject to change.
Tax Year:
Exhibit A
Annual Installments By Lot Type
Parcel ID:
Lot Type: 3
Assessment
Balance
Tax
Year (a)
PID Bonds
Collections Costs
Refunding
Credit
Annual
Installment (b)
210
211
67687
2022
Principal Interest Net Debt Service
2022 $825.31 $445.46 $1,270.76 $27.28 ($48.73)$1,249.31 $11,935.77
2023 $870.25 $420.02 $1,290.28 $27.69 ($48.73)$1,269.23 $11,110.47
2024 $914.07 $388.69 $1,302.76 $28.10 ($48.73)$1,282.13 $10,240.21
2025 $970.82 $355.84 $1,326.66 $28.53 ($48.73)$1,306.45 $9,326.14
2026 $1,018.57 $326.00 $1,344.58 $28.95 ($48.73)$1,324.80 $8,355.32
2027 $1,068.57 $293.36 $1,361.93 $29.39 ($48.73)$1,342.59 $7,336.75
2028 $1,121.95 $257.06 $1,379.01 $29.83 ($48.73)$1,360.10 $6,268.18
2029 $1,180.37 $218.21 $1,398.59 $30.28 ($48.73)$1,380.13 $5,146.23
2030 $1,238.80 $167.32 $1,406.13 $30.73 ($48.73)$1,388.12 $3,965.86
2031 $1,320.27 $103.35 $1,423.61 $31.19 ($48.73)$1,406.07 $2,727.05
2032 $1,406.79 $35.17 $1,441.96 $31.66 ($48.73)$1,424.88 $1,406.79
Total $11,935.77 $3,010.49 $14,946.26 $323.62 ($536.06)$14,733.82
(a) Tax Year 2022 corresponds to Bond Year 2023. Tax Year 2022 Annual Installments will become due by January 31, 2023.
(b) Subject to change.
Tax Year:
Exhibit A
Annual Installments By Lot Type
Parcel ID:
Lot Type: 4
Assessment
Balance
Tax
Year (a)
PID Bonds
Collections Costs
Refunding
Credit
Annual
Installment (b)
212
213
Texas Property Code Section 5.014(A) Notice
(Required Before Contract Execution)
NOTICE OF OBLIGTIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT
A person who proposes to sell or otherwise convey real property that is located in a public improvement
district established under Subchapter A, Chapter 372, Local Government Code (except for public
improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall
first give to the purchaser of the property this written notice, signed by the seller.
For the purposes of this notice, a contract for the purchase and sale of real property having a performance
period of less than six months is considered a sale requiring the notice set forth below.
This Notice requirement does not apply to a transfer:
1) Under a court order or foreclosure;
2) By a trustee in bankruptcy;
3) To a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by
a trustor or successor in interest;
4) By a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale
conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure
or has acquired the land by a deed in lieu of foreclosure;
5) By a fiduciary in the course of the administration of a decedent’s estate, guardianship,
conservatorship, or trust;
6) From one co-owner to another co-owner of an undivided interest in the real property;
7) To or from a government entity; or,
8) Of only a mineral interest, leasehold interest, or security interest.
The following notice shall be given to the prospective purchaser before the execution of a binding contract
of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event
a contract of purchase and sale is entered into without the seller having provided the required notice, the
purchases, subject to certain exception, is entitled to terminate the contract.
A separate copy of this notice shall be executed by the seller and the purchase and must be filed in the real
property records of the county in which the property is located at the closing of the purchase and sale of the
property.
214
Texas Property Code Section 5.014(A) Notice
(Required Before Contract Execution)
NOTICE OF OBLIGATION TO PAY
PUBLIC IMPROVEMENT DISTRICT ASSESSMENT TO TROPHY CLUB, TEXAS
TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1
CONCERNING THE FOLLOWING PROPERTY
________________________________________________________________________
________________________________________________________________________
As the purchaser of the real property described above, you are obligated to pay assessments to
Trophy Club, Texas, for the costs of a portion of a public improvement or services project (the "Authorized
Improvements") undertaken for the benefit of the property within Trophy Club Public Improvement
District No. 1 (the "District") created under Subchapter A, Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE
ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL
INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF
INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY
COSTS.
The exact amount of the assessment may be obtained from Trophy Club. The exact amount of
each annual installment will be approved each year by Trophy Club Town Council in the annual service
plan update for the district. More information about the assessments, including the amounts and due dates,
may be obtained from Trophy Club.
Your failure to pay any assessment or any annual installment may result in penalties and interest
being added to what you owe or in a lien on and the foreclosure of your property.
215
Texas Property Code Section 5.014(A) Notice
(Required Before Contract Execution)
The undersigned purchaser acknowledges receipt of this notice before the effective date of a
binding contract for the purchase of the real property at the address described above.
Buyer (Print Name)
Signature Date
Buyer (Print Name)
Signature
The undersigned seller acknowledges providing this notice to the potential purchaser before the effective
date of a binding contract for the purchase of the real property at the address described above.
Seller (Print Name)
Signature Date
Seller (Print Name)
Signature Date
216
Texas Property Code Section 5.0143 Notice
(Required At Closing And Must Be Recorded In Denton County Deed Of Records)
AFTER RECORDING RETURN TO:
___________________
___________________
___________________
___________________
NOTICE OF OBLIGATION TO PAY
PUBLIC IMPROVEMENT DISTRICT ASSESSMENT TO TROPHY CLUB, TEXAS
TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1
CONCERNING THE FOLLOWING PROPERTY
________________________________________________________________________
________________________________________________________________________
As the purchaser of the real property described above, you are obligated to pay assessments to
Trophy Club, Texas, for the costs of a portion of a public improvement or services project (the "Authorized
Improvements") undertaken for the benefit of the property within Trophy Club Public Improvement
District No. 1 (the "District") created under Subchapter A, Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE
ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL
INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF
INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY
COSTS.
The exact amount of the assessment may be obtained from Trophy Club. The exact amount of
each annual installment will be approved each year by Trophy Club Town Council in the annual service
plan update for the district. More information about the assessments, including the amounts and due dates,
may be obtained from Trophy Club.
Your failure to pay any assessment or any annual installment may result in penalties and interest
being added to what you owe or in a lien on and the foreclosure of your property.
217
Texas Property Code Section 5.0143 Notice
(Required At Closing And Must Be Recorded In Denton County Deed Of Records)
The undersigned purchaser acknowledges receipt of this notice before the effective date of a
binding contract for the purchase of the real property at the address described above. The undersigned
purchaser acknowledged the receipt of this notice including the current information required by Section
5.0143, Texas Property Code, as amended.
Buyer (Print Name)
Signature Date
Buyer (Print Name)
Signature
STATE OF TEXAS §
§
COUTNY OF ______________ §
The foregoing instrument was acknowledged before me by ___________________ and
__________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing
instrument and acknowledged to me that he or she executed the same for the purposes therein expressed.
Given under my hand and seal of office on this ______________, 20___
Notary Public, State of Texas
218
Texas Property Code Section 5.0143 Notice
(Required At Closing And Must Be Recorded In Denton County Deed Of Records)
The undersigned seller acknowledges providing a separate copy of the notice required by Section
5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas
Property Code, as amended, at the closing of the purchase of the real property at the address above.
Seller (Print Name)
Signature Date
Seller (Print Name)
Signature
STATE OF TEXAS §
§
COUTNY OF ______________ §
The foregoing instrument was acknowledged before me by ___________________ and
__________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing
instrument and acknowledged to me that he or she executed the same for the purposes therein expressed.
Given under my hand and seal of office on this ______________, 20___
Notary Public, State of Texas
219
220
Page 1 of 3
To: Mayor and Town Council
From: Wade L. Carroll, Town Manager
CC: Anita Otterson, Town Secretary
Re: Ordinance approving the Atmos Mid-Tex 2022 Settlement
Town Council Meeting, August 23, 2022
Agenda Item:
Discuss and take appropriate action regarding an Ordinance approving the Atmos Mid-Tex 2022
Settlement (W. Carroll).
Strategic Link:
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Background and Explanation:
The Town, along with 181 other Mid-Texas cities served by Atmos Energy Corporation, Mid-Tex
Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee
(“ACSC”). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the Company
pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly
referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation).
That settlement created a substitute rate review process, referred to as Rate Review Mechanism
(“RRM”), as a substitute for future filings under the GRIP statute.
Since 2007, there have been several modifications to the original RRM Tariff. The most recent
iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On
or about April 1, 2022, the Company filed a rate request pursuant to the RRM Tariff adopted by
ACSC members. The Company claimed that its cost-of-service in a test year ending December
31, 2021, entitled it to additional system-wide revenues of $141.3 million.
Application of the standards set forth in ACSC’s RRM Tariff reduces the Company’s request to
$115 million, $83.26 million of which would be applicable to ACSC members. ACSC’s consultants
concluded that the system-wide deficiency under the RRM regime should be $95.8 million
instead of the claimed $141.3 million.
The Executive Committee recommends a settlement at $115 million. The Effective Date for new
rates is October 1, 2022. ACSC members should take action approving the Resolution/Ordinance
before September 30, 2022.
221
Page 2 of 3
RATE TARIFFS
Atmos generated rate tariffs attached to the Resolution/Ordinance will generate $115 million in
additional revenues. Atmos also prepared a Proof of Revenues supporting the settlement figures.
ACSC consultants have agreed that Atmos’ Proof of Revenues is accurate.
BILL IMPACT
The impact of the settlement on average residential rates is an increase of $4.60 on a monthly
basis, or 6.7 percent. The increase for average commercial usage will be $14.34 or 4.3 percent.
Atmos provided bill impact comparisons containing this figures.
SUMMARY OF ACSC’S OBJECTION TO THE UTILITIES CODE SECTION 104.301 GRIP PROCESS
ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring
declining expenses and increasing revenues while rewarding the Company for increasing capital
investment on an annual basis. The GRIP process does not allow any review of the
reasonableness of capital investment and does not allow cities to participate in the Railroad
Commission’s review of annual GRIP filings or allow recovery of Cities’ rate case expenses. The
Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full
hearing) and rate increases go into effect without any material adjustments. In ACSC’s view, the
GRIP process unfairly raises customers’ rates without any regulatory oversight. In contrast, the
RRM process has allowed for a more comprehensive rate review and annual evaluation of
expenses and revenues, as well as capital investment.
RRM SAVINGS OVER GRIP
While residents outside municipal limits must pay rates governed by GRIP, there are some
cities served by Atmos Mid-Tex that chose to remain under GRIP rather than adopt RRM.
Additionally, the City of Dallas adopted a variation of RRM which is referred to as DARR. When
new rates become effective on October 1, 2022, ACSC residents will maintain an economic
monthly advantage over GRIP and DARR rates.
Comparison to Other Mid-Tex Rates (Residential)
Average Bill Compared to RRM Cities
RRM Cities: $73.22 -
DARR: $71.96 ($1.26)
ATM Cities: $78.72 $5.50
Environs: $78.53 $5.31
Note: DARR rate is as-filed 1/22/22. Also note that DARR uses a test year ending in September
rather than December.
Financial Considerations:
The impact of the settlement on average residential rates is an increase of $4.60 on a monthly
basis, or 6.7 percent. The increase for average commercial usage will be $14.34 or 4.3 percent.
Atmos provided bill impact comparisons containing this figures.
Legal Review:
None applicable
Board/Commission/ or Committee Recommendation:222
Page 3 of 3
None applicable
Staff Recommendation:
Staff recommends approval of Resolution 2022-10
Attachments:
•Resolution No. 2022-10
•Average Bill Comparison
•Pension Comparison
•Tariff schedule
Town Council Approval:
Mayor Alicia L. Fleury or designee
223
ORDINANCE NO. 2022-27
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, APPROVING A NEGOTIATED
SETTLEMENT BETWEEN THE ATMOS CITIES STEERING
COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-TEX
DIVISION REGARDING THE COMPANY’S 2022 RATE REVIEW
MECHANISM FILING; DECLARING EXISTING RATES TO BE
UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE
ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED
SETTLEMENT; FINDING THE RATES TO BE SET BY THE
ATTACHED SETTLEMENT TARIFFS TO BE JUST AND
REASONABLE AND IN THE PUBLIC INTEREST; APPROVING
AN ATTACHMENT ESTABLISHING A BENCHMARK FOR
PENSIONS AND RETIREE MEDICAL BENEFITS; REQUIRING
THE COMPANY TO REIMBURSE ACSC’S REASONABLE
RATEMAKING EXPENSES; DETERMINING THAT THIS
ORDINANCE WAS PASSED IN ACCORDANCE WITH THE
REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT;
ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE
DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO
THE COMPANY AND THE ACSC’S LEGAL COUNSEL.
WHEREAS, the Town of Trophy Club, Texas (“Town”) is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority
with an interest in the rates, charges, and services of Atmos Mid-Tex; and
WHEREAS, the Town is a member of the Atmos Cities Steering Committee (“ACSC”), a
coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined
together to facilitate the review of, and response to, natural gas issues affecting rates charged in
the Atmos Mid-Tex service area; and
WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review
Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities as a
substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the
224
ORDINANCE NO. 2022-27
2557/35/8444371 2
Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of
serving the Atmos Mid-Tex Division; and
WHEREAS, the current RRM tariff was adopted by the Town in a rate ordinance in
2018; and
WHEREAS, on about April 1, 2022, Atmos Mid-Tex filed its 2022 RRM rate request with
ACSC Cities based on a test year ending December 31, 2021; and
WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2022 RRM filing
through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues
identified in the Company’s RRM filing; and
WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants,
recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $115 million
on a system-wide basis with an Effective Date of October 1, 2022; and
WHEREAS, ACSC agrees that Atmos plant-in-service is reasonable; and
WHEREAS, with the exception of approved plant-in-service, ACSC is not foreclosed from
future reasonableness evaluation of costs associated with incidents related to gas leaks; and
WHEREAS, the attached tariffs (Attachment 1) implementing new rates are consistent
with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and
are just, reasonable, and in the public interest; and
WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree
medical benefits (Attachment 2); and
WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable expenses
associated with RRM applications;
225
ORDINANCE NO. 2022-27
2557/35/8444371 3
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
Section 1. That the findings set forth in this Ordinance are hereby in all things approved.
Section 2. That, without prejudice to future litigation of any issue identified by ACSC,
the Town Council finds that the settled amount of an increase in revenues of $115 million on a
system-wide basis represents a comprehensive settlement of gas utility rate issues affecting the
rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from
Atmos Mid-Tex’s 2022 RRM filing, is in the public interest, and is consistent with the Town’s
authority under Section 103.001 of the Texas Utilities Code.
Section 3. That despite finding Atmos Mid-Tex’s plant-in-service to be reasonable, ACSC
is not foreclosed in future cases from evaluating the reasonableness of costs associated with
incidents involving leaks of natural gas.
Section 4. That the existing rates for natural gas service provided by Atmos Mid-Tex are
unreasonable. The new tariffs attached hereto and incorporated herein as Attachment 1, are just
and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $115
million on a system-wide basis, over the amount allowed under currently approved rates. Such
tariffs are hereby adopted.
Section 5. That the ratemaking treatment for pensions and retiree medical benefits in
Atmos Mid-Tex’s next RRM filing shall be as set forth on Attachment 2, attached hereto and
incorporated herein.
Section 6. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of
ACSC in processing the Company’s 2022 RRM filing.
226
ORDINANCE NO. 2022-27
2557/35/8444371 4
Section 7. That to the extent any resolution or ordinance previously adopted by the Council
is inconsistent with this Ordinance, it is hereby repealed.
Section 8. That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 9. That if any one or more sections or clauses of this Ordinance is adjudged to be
unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining
provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted
as if the offending section or clause never existed.
Section 10. That consistent with the Town Ordinance that established the RRM process,
this Ordinance shall become effective from and after its passage with rates authorized by attached
tariffs to be effective for bills rendered on or after October 1, 2022.
Section 11. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris
Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy
Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato,
General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue,
Suite 1900, Austin, Texas 78701.
227
ORDINANCE NO. 2022-27
2557/35/8444371 5
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, BY A VOTE OF ____ TO ____, ON THIS THE 23rd DAY OF
AUGUST, 2022.
Alicia L. Fleury, Mayor
ATTEST:
Anita Otterson, Town Secretary
APPROVED AS TO FORM:
______________________________
J. David Dodd, III, Town Attorney
228
Line
No.
1 Rate R @ 43.8 Ccf Current Proposed Change
2 Customer charge 20.85$
3 Consumption charge 43.8 CCF X 0.27979$ =12.25
4 Rider GCR Part A 43.8 CCF X 0.35744$ =15.66
5 Rider GCR Part B 43.8 CCF X 0.35918$ =15.73
6 Subtotal 64.49$
7 Rider FF & Rider TAX 64.49$ X 0.06408 =4.13
8 Total 68.62$
9
10 Customer charge 21.55$
11 Consumption charge 43.8 CCF X 0.36223$ =15.87
12 Rider GCR Part A 43.8 CCF X 0.35744$ =15.66
13 Rider GCR Part B 43.8 CCF X 0.35918$ =15.73
14 Subtotal 68.81$
15 Rider FF & Rider TAX 68.81$ X 0.06408 =4.41
16 Total 73.22$ 4.60$
17 6.71%
18
19 Rate C @ 345.7 Ccf Current Proposed Change
20 Customer charge 56.50$
21 Consumption charge 345.7 CCF X 0.12263$ =42.39
22 Rider GCR Part A 345.7 CCF X 0.35744$ =123.56
23 Rider GCR Part B 345.7 CCF X 0.26532$ =91.71
24 Subtotal 314.16$
25 Rider FF & Rider TAX 314.16$ X 0.06408 =20.13
26 Total 334.29$
27
28 Customer charge 63.50$
29 Consumption charge 345.7 CCF X 0.14137$ =48.87
30 Rider GCR Part A 345.7 CCF X 0.35744$ =123.56
31 Rider GCR Part B 345.7 CCF X 0.26532$ =91.71
32 Subtotal 327.64$
33 Rider FF & Rider TAX 327.64$ X 0.06408 =20.99
34 Total 348.63$ 14.34$
35 4.29%
ATMOS ENERGY CORP., MID-TEX DIVISION
AVERAGE BILL COMPARISON - BASE RATES
TEST YEAR ENDING DECEMBER 31, 2021
WP_J-3.1
Page 1 of 2
229
Line
No.
ATMOS ENERGY CORP., MID-TEX DIVISION
AVERAGE BILL COMPARISON - BASE RATES
TEST YEAR ENDING DECEMBER 31, 2021
36 Rate I @ 4278 MMBTU Current Proposed Change
37 Customer charge 1,054.75$
38 Consumption charge 1,500 MMBTU X 0.4330$ =649.50
39 Consumption charge 2,778 MMBTU X 0.3171$ =880.80
40 Consumption charge 0 MMBTU X 0.0680$ =-
41 Rider GCR Part A 4,278 MMBTU X 3.4906$ =14,931.86
42 Rider GCR Part B 4,278 MMBTU X 0.5485$ =2,346.33
43 Subtotal 19,863.24$
44 Rider FF & Rider TAX 19,863.24$ X 0.06408 =1,272.82
45 Total 21,136.06$
46
47 Customer charge 1,204.50$
48 Consumption charge 1,500 MMBTU X 0.4939$ =740.85
49 Consumption charge 2,778 MMBTU X 0.3617$ =1,004.69
50 Consumption charge 0 MMBTU X 0.0776$ =-
51 Rider GCR Part A 4,278 MMBTU X 3.4906$ =14,931.86
52 Rider GCR Part B 4,278 MMBTU X 0.5485$ =2,346.33
53 Subtotal 20,228.23$
54 Rider FF & Rider TAX 20,228.23$ X 0.06408 =1,296.21
55 Total 21,524.44$ 388.38$
56 1.84%
57 Rate T @ 4278 MMBTU Current Proposed Change
58 Customer charge 1,054.75$
59 Consumption charge 1,500 MMBTU X 0.4330$ =649.50
60 Consumption charge 2,778 MMBTU X 0.3171$ =880.80
61 Consumption charge 0 MMBTU X 0.0680$ =-
62 Rider GCR Part B 4,278 MMBTU X 0.5485$ =2,346.33
63 Subtotal 4,931.38$
64 Rider FF & Rider TAX 4,931.38$ X 0.06408 =316.00
65 Total 5,247.38$
66
67 Customer charge 1,204.50$
68 Consumption charge 1,500 MMBTU X 0.4939$ =740.85
69 Consumption charge 2,778 MMBTU X 0.3617$ =1,004.69
70 Consumption charge 0 MMBTU X 0.0776$ =-
71 Rider GCR Part B 4,278 MMBTU X 0.5485$ =2,346.33
72 Subtotal 5,296.37$
73 Rider FF & Rider TAX 5,296.37$ X 0.06408 =339.39
74 Total 5,635.76$ 388.38$
75 7.40%
WP_J-3.1
Page 2 of 2
230
Line
No.Description
Pension
Account Plan
Post-
Employment
Benefit Plan
Pension
Account Plan
Supplemental
Executive Benefit
Plan
Post-
Employment
Benefit Plan
Adjustment
Total
(a)(b)(c)(d)(e)(f)(g)
1
Proposed Benefits Benchmark - Fiscal Year 2022 Willis Towers Watson
Report as adjusted (1) (2) (3)1,715,323$ 982,708$ 3,137,022$ 313,319$ (341,412)$
2 Allocation to Mid-Tex 44.72%44.72%76.88%100.00%76.88%
3 Proposed Benefits Benchmark Costs Allocated to Mid-Tex (Ln 1 x Ln 2)767,038$ 439,436$ 2,411,882$ 313,319$ (262,493)$
4 O&M and Capital Allocation Factor 100.00%100.00%100.00%100.00%100.00%
5 Proposed Benefits Benchmark Costs to Approve (Ln 3 x Ln 4) (3)767,038$ 439,436$ 2,411,882$ 313,319$ (262,493)$ 3,669,182$
6
7
8 Summary of Costs to Approve (1):
9
10 O&M Expense Factor (WP_F-2.3, Ln 2)79.88%79.88%38.60%11.00%38.60%
11
12
13 Total Pension Account Plan 612,700$ 931,100$ 1,543,800$
14 Total Post-Employment Benefit Plan 351,016$ (101,335)$ 249,681
15 Total Supplemental Executive Benefit Plan 34,465$ 34,465
16 Total (Ln 13 + Ln 14 + Ln 15)612,700$ 351,016$ 931,100$ 34,465$ (101,335)$ 1,827,946$
17
18 Notes:
19
20
21
2. Mid-Tex is proposing that the Fiscal Year 2022 Willis Towers Watson actuarial amounts shown on WP_F-2.3 and WP_F-2.3.1, be approved by the RRM Cities as the benchmark
amounts to be used to calculate the regulatory asset or liability for future periods. The benchmark amount approved by the RRM Cities for future periods includes only the expense amount.
The amount attributable to capital is recorded to utility plant through the overhead process as described in the CAM.
3. SSU amounts exclude cost centers which do not allocate to Mid-Tex for rate making purposes.
ATMOS ENERGY CORP., MID-TEX DIVISION
PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL
TEST YEAR ENDING DECEMBER 31, 2021
Shared Services Mid-Tex Direct
1. Studies not applicable to Mid-Tex or Shared Services are omitted.
WP_F-2.3.1
Page 1 of 1
231
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: R – RESIDENTIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2022
Application
Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured
through one meter.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $ 21.55 per month Rider CEE Surcharge $ 0.05 per month 1
Total Customer Charge $ 21.60 per month Commodity Charge – All Ccf $0.36223 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
1Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2022.
232
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: C – COMMERCIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2022
Application
Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured
through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $ 63.50 per month Rider CEE Surcharge ($ 0.01) per month 1
Total Customer Charge $ 63.49 per month Commodity Charge – All Ccf $ 0.14137 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
1 Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2022.
233
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: I – INDUSTRIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2022
Application
Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day
for all natural gas provided at one Point of Delivery and measured through one meter. Service for
Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at
Company's sole option and will require special contract arrangements between Company and Customer.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the
amounts due under the riders listed below:
Charge Amount Customer Charge per Meter $ 1,204.50 per month First 0 MMBtu to 1,500 MMBtu $ 0.4939 per MMBtu Next 3,500 MMBtu $ 0.3617 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0776 per MMBtu
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled “Daily Price Survey.”
Replacement Index
In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table
entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
234
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: I – INDUSTRIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2022
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
Special Conditions
In order to receive service under Rate I, Customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
235
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: T – TRANSPORTATION
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2022
Application
Applicable, in the event that Company has entered into a Transportation Agreement, to a customer
directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the
transportation of all natural gas supplied by Customer or Customer’s agent at one Point of Delivery for
use in Customer's facility.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts
and quantities due under the riders listed below:
Charge Amount Customer Charge per Meter $ 1,204.50 per month First 0 MMBtu to 1,500 MMBtu $ 0.4939 per MMBtu Next 3,500 MMBtu $ 0.3617 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0776 per MMBtu
Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in
accordance with Part (b) of Rider GCR.
Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Imbalance Fees
All fees charged to Customer under this Rate Schedule will be charged based on the quantities
determined under the applicable Transportation Agreement and quantities will not be aggregated for any
Customer with multiple Transportation Agreements for the purposes of such fees.
Monthly Imbalance Fees
Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu
between the highest and lowest “midpoint” price for the Katy point listed in Platts Gas Daily in the table
entitled “Daily Price Survey” during such month, for the MMBtu of Customer’s monthly Cumulative
Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds
10% of Customer’s receipt quantities for the month.
236
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: T – TRANSPORTATION
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2022
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled “Daily Price Survey.”
Replacement Index
In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table
entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
A transportation agreement is required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
Special Conditions
In order to receive service under Rate T, customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
237
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2022
Provisions for Adjustment
The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized
by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall
be adjusted by an amount hereinafter described, which amount is referred to as the "Weather
Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature
sensitive residential and commercial bills based on meters read during the revenue months of November
through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls.
Computation of Weather Normalization Adjustment
The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent
per Ccf by the following formula:
(HSFi x (NDD-ADD) )
WNAFi = Ri
(BLi + (HSFi x ADD) )
Where
i = any particular Rate Schedule or billing classification within any such
particular Rate Schedule that contains more than one billing classification
WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or
classification expressed in cents per Ccf
Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or
classification.
HSFi = heat sensitive factor for the ith schedule or classification divided by the
average bill count in that class
NDD = billing cycle normal heating degree days calculated as the simple ten-year
average of actual heating degree days.
ADD = billing cycle actual heating degree days.
Bli = base load sales for the ith schedule or classification divided by the average
bill count in that class
The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as:
WNA i = WNAF i x q ij
Where q ij is the relevant sales quantity for the jth customer in ith rate schedule.
238
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2022
Base Use/Heat Use Factors
Residential Commercial
Base use Heat use Base use Heat use
Weather Station Ccf Ccf/HDD Ccf Ccf/HDD
Abilene 10.58 0.1422 88.85 0.6666
Austin 9.90 0.1372 233.56 0.7819
Dallas 14.17 0.1938 186.38 0.9394
Waco 10.07 0.1308 140.10 0.7170
Wichita
Falls
11.43
0.1398 131.57 0.5610
Weather Normalization Adjustment (WNA) Report
On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in
Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated
its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the
company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of
Texas' Gas Services Division, addressed to the Director of that Division.
239
Future Agenda Items
August 23, 2022
Future Agenda Items will be divided into 3 Categories:
1) Current listing of all future agenda items requested by Council that have not been addressed.
2) Items that have been researched and are scheduled for a report to Council (first 2-4 weeks).
3) Items that Council has requested additional research/staff time on and will be brought back for public
discussion at a Council Meeting. Council will be provided updates on items that require significant time.
The Future Agenda Items list will be placed on the Council Meeting agenda to provide a status on all items. The
current list will be reviewed and as items are completed; said items will be removed. The Council may add items as
needed to the list.
1) Receive an update regarding Entryway Monumentation/Landscaping for the Town of Trophy Club.
Staff met with Halff on August 15th to discuss the Scope of Work, solidify the goals and
objectives and to go over the project schedule. A meeting is scheduled with Halff and
the Art Subcommittee for Sept 8th to further discuss design.
2) Develop a Strategic Plan for the Town addressing future goals with budgetary needs for each department.
Due to decreased staffing, the strategic plan document has been put on hold due to
other pressing items during the budget process. Work will begin again in September.
3) Modifying the Existing Veteran’s Memorial to include “Space Force”.
Ft. Worth Monument is estimating that the POW-MIA obelisk should be received in
the next 4-6 weeks. The Veteran’s Memorial Committee has confirmed the inscriptions
that will be engraved on the monument.
4) Promote local businesses through the use of EDC and HOT
Emails have been sent to local restaurants to set up a meeting to discuss ideas related
to increasing business particularly during the lunch time period. Staff is also setting up
meetings with our local hotel ownership to discuss ideas to increase hotel occupancy
and how best to reach their customers. Lastly, I have met with Jeff Ackerson at Charles
Swab and TD Ameritrade and discussed a plan to move forward. After I meet with the
local businesses a plan will be developed and brought before Council for approval.
5)MUD confirmation of property vs services
David Dodd is working on a letter to be sent to the MUD including our sign ordinance,
language from the ILA and applicable state law that will outline their responsibility as
property owners of the Fire Station in the area of election sign placement and
electioneering on the premises.
6)Traffic Mitigation Plan –
TNP has been given permission to begin updating and expanding the 2018 Traffic study
to study the traffic volume and possible resolutions for the increased traffic around
Byron Nelson High School and Medlin Middle School.
240