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Agenda Packet 09/13/2022Town of Trophy Club Meeting Agenda Packet Town Council 1 Trophy Wood Drive Trophy Club, Texas 76262 September 13, 2022 7:00 PM Council Chambers CALL TO ORDER AND ANNOUNCE A QUORUM ­ Mayor Fleury INVOCATION led by Pastor Jeff Brooks, Lake Cities Church of Christ  PLEDGES led by Council Member Monger 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.Business Spotlight – Komrai Thai, Maya Jones (Mayor Fleury). PROCLAMATION(S) 2.Issuance of Proclamation 2022­13 proclaiming September 18 through September 24, 2022, as Constitution Week in Trophy Club. (Mayor Fleury) 3.Issuance of Proclamation 2022­14 proclaiming September as Live United month in Trophy Club (Mayor Fleury) 4.Issuance of Proclamation 2022­15 proclaiming September as Suicide Prevention Month (Mayor Fleury). CONSENT AGENDA 5.Take appropriate action regarding an Agreement for Professional Services between the Town and Bureau Veritas (M. Cox). 6.Consider and take appropriate action regarding the Town Council Meeting Minutes dated August 9, 2022 (A. Otterson). 7.Consider and take appropriate action regarding Town Council Meeting Minutes dated August 23, 2022 (A. Otterson). 8.Consider and take action regarding a Requisition Request for procurement of services from Yellowstone Landscaping and Lawns of Dallas for mowing services (T. Jaramillo). 9.Take appropriate action regarding Resolution 2022­14 approving the grant application for the School resource Officers Bullet resistant Shield Program to the Office of the Governor (P. Arata). PUBLIC HEARING(S) 10.Conduct a Public Hearing regarding the proposed Tax Rate for Fiscal Year October 1, 2022 to September 30, 2023. (W. Carroll) INDIVIDUAL ITEMS 11.Take appropriate action on Resolution 2022­11 approving the Tax Roll of the Denton Central Appraisal District and Tarrant County Appraisal District for 2023 (W. Carroll). 12.Take appropriate action approving Ordinance 2022­28 fixing and levying Municipal Ad Valorem Taxes for the Town of Trophy Club’s fiscal year beginning October 1, 2022 and ending September 30, 2023; directing the assessment thereof; and providing an effective date (W. Carroll). 13.Take appropriate action approving Resolution 2022­12 authorizing the Annual Service and Assessment Plan for the Emergency Services District for the Town of Trophy Club Public Improvement District No. 1 and the proposed Assessment Roll; setting a Public Hearing Date for September 27, 2022 and authorizing the publication of notice (W. Carroll). EXECUTIVE SESSION 14.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           1.  Deliberate Economic Development Negotiations regarding prospective commercial projects within the Town of Trophy Club. b. Section 551.071 Attorney­Client Privilege            1. Norwood vs. Trophy Club c. Section 551.074 Personnel Matters under Subsection (1) to discuss or deliberate the appointment, evaluation, and duties of a public officer or employee:           1. Boards and Commissions           2. Texas Municipal League Risk Pool Board of Trustees. RECONVENE INTO REGULAR SESSION 15.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 Friday, September 9, 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, Texas76262September 13, 2022 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM ­ Mayor FleuryINVOCATION led by Pastor Jeff Brooks, Lake Cities Church of Christ PLEDGES led by Council Member MongerPledge 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.Business Spotlight – Komrai Thai, Maya Jones (Mayor Fleury).PROCLAMATION(S)2.Issuance of Proclamation 2022­13 proclaiming September 18 through September 24,2022, as Constitution Week in Trophy Club. (Mayor Fleury) 3.Issuance of Proclamation 2022­14 proclaiming September as Live United month in Trophy Club (Mayor Fleury) 4.Issuance of Proclamation 2022­15 proclaiming September as Suicide Prevention Month (Mayor Fleury). CONSENT AGENDA 5.Take appropriate action regarding an Agreement for Professional Services between the Town and Bureau Veritas (M. Cox). 6.Consider and take appropriate action regarding the Town Council Meeting Minutes dated August 9, 2022 (A. Otterson). 7.Consider and take appropriate action regarding Town Council Meeting Minutes dated August 23, 2022 (A. Otterson). 8.Consider and take action regarding a Requisition Request for procurement of services from Yellowstone Landscaping and Lawns of Dallas for mowing services (T. Jaramillo). 9.Take appropriate action regarding Resolution 2022­14 approving the grant application for the School resource Officers Bullet resistant Shield Program to the Office of the Governor (P. Arata). PUBLIC HEARING(S) 10.Conduct a Public Hearing regarding the proposed Tax Rate for Fiscal Year October 1, 2022 to September 30, 2023. (W. Carroll) INDIVIDUAL ITEMS 11.Take appropriate action on Resolution 2022­11 approving the Tax Roll of the Denton Central Appraisal District and Tarrant County Appraisal District for 2023 (W. Carroll). 12.Take appropriate action approving Ordinance 2022­28 fixing and levying Municipal Ad Valorem Taxes for the Town of Trophy Club’s fiscal year beginning October 1, 2022 and ending September 30, 2023; directing the assessment thereof; and providing an effective date (W. Carroll). 13.Take appropriate action approving Resolution 2022­12 authorizing the Annual Service and Assessment Plan for the Emergency Services District for the Town of Trophy Club Public Improvement District No. 1 and the proposed Assessment Roll; setting a Public Hearing Date for September 27, 2022 and authorizing the publication of notice (W. Carroll). EXECUTIVE SESSION 14.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           1.  Deliberate Economic Development Negotiations regarding prospective commercial projects within the Town of Trophy Club. b. Section 551.071 Attorney­Client Privilege            1. Norwood vs. Trophy Club c. Section 551.074 Personnel Matters under Subsection (1) to discuss or deliberate the appointment, evaluation, and duties of a public officer or employee:           1. Boards and Commissions           2. Texas Municipal League Risk Pool Board of Trustees. RECONVENE INTO REGULAR SESSION 15.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 Friday, September 9, 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, Texas76262September 13, 2022 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM ­ Mayor FleuryINVOCATION led by Pastor Jeff Brooks, Lake Cities Church of Christ PLEDGES led by Council Member MongerPledge 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.Business Spotlight – Komrai Thai, Maya Jones (Mayor Fleury).PROCLAMATION(S)2.Issuance of Proclamation 2022­13 proclaiming September 18 through September 24,2022, as Constitution Week in Trophy Club. (Mayor Fleury)3.Issuance of Proclamation 2022­14 proclaiming September as Live United month inTrophy Club (Mayor Fleury)4.Issuance of Proclamation 2022­15 proclaiming September as Suicide PreventionMonth (Mayor Fleury).CONSENT AGENDA5.Take appropriate action regarding an Agreement for Professional Services betweenthe Town and Bureau Veritas (M. Cox).6.Consider and take appropriate action regarding the Town Council Meeting Minutesdated August 9, 2022 (A. Otterson).7.Consider and take appropriate action regarding Town Council Meeting Minutes datedAugust 23, 2022 (A. Otterson).8.Consider and take action regarding a Requisition Request for procurement of servicesfrom Yellowstone Landscaping and Lawns of Dallas for mowing services (T.Jaramillo).9.Take appropriate action regarding Resolution 2022­14 approving the grant applicationfor the School resource Officers Bullet resistant Shield Program to the Office of theGovernor (P. Arata).PUBLIC HEARING(S)10.Conduct a Public Hearing regarding the proposed Tax Rate for Fiscal Year October1, 2022 to September 30, 2023. (W. Carroll)INDIVIDUAL ITEMS11.Take appropriate action on Resolution 2022­11 approving the Tax Roll of the DentonCentral Appraisal District and Tarrant County Appraisal District for 2023 (W. Carroll).12.Take appropriate action approving Ordinance 2022­28 fixing and levying Municipal AdValorem Taxes for the Town of Trophy Club’s fiscal year beginning October 1, 2022and ending September 30, 2023; directing the assessment thereof; and providing aneffective date (W. Carroll).13.Take appropriate action approving Resolution 2022­12 authorizing the Annual Serviceand Assessment Plan for the Emergency Services District for the Town of TrophyClub Public Improvement District No. 1 and the proposed Assessment Roll; setting aPublic Hearing Date for September 27, 2022 and authorizing the publication of notice(W. Carroll). EXECUTIVE SESSION 14.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           1.  Deliberate Economic Development Negotiations regarding prospective commercial projects within the Town of Trophy Club. b. Section 551.071 Attorney­Client Privilege            1. Norwood vs. Trophy Club c. Section 551.074 Personnel Matters under Subsection (1) to discuss or deliberate the appointment, evaluation, and duties of a public officer or employee:           1. Boards and Commissions           2. Texas Municipal League Risk Pool Board of Trustees. RECONVENE INTO REGULAR SESSION 15.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 Friday, September 9, 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 Proclamation 2022-13 Town of Trophy Club, Texas A PROCLAMATION OF THE TROPHY CLUB TOWN COUNCIL SUPPORTING CONSTITUTION WEEK SEPTEMBER 18 THROUGH SEPTEMBER 24, 2022 IN TROPHY CLUB. WHEREAS, our founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States of America; and WHEREAS, it is of the greatest importance that all citizens fully understand the provisions and principles contained in the Constitution in order to effectively support, preserve and defend it against all enemies; and WHEREAS, the 235th Anniversary of the Signing of the Constitution provides a historic opportunity for all Americans to remember the achievements of the framers of the Constitution and the rights, privileges, and responsibilities they afford us in this unique document; and WHEREAS, it is the privilege and duty of all Americans to commemorate the 235th Anniversary of the Ratification in Convention of the Constitution of the United States of America with appropriate ceremonies and activities. NOW, THEREFORE, I, MAYOR ALICIA L. FLEURY, IN CONJUNCTION WITH THE TROPHY CLUB TOWN COUNCIL, DO HEREBY PROCLAIM: “September 18 through September 24, 2022 as Constitution Week in Trophy Club, Texas” PASSED AND APPROVED by the Trophy Club Town Council this 13th day of S e p t e m b e r 2022. Anita Otterson, Town Secretary Alicia L. Fleury, Mayor 4 Proclamation 2022-14 Town of Trophy Club, Texas A PROCLAMATION OF THE TROPHY CLUB TOWN COUNCIL SUPPORTING THE MONTH OF SEPTEMBER 2022 AS LIVE UNITED MONTH IN TROPHY CLUB. WHEREAS, United Way of Denton County has been identifying Denton County’s needs and responding to them for over 69 years; and WHEREAS, United Way of Denton County is unparalleled in the power to assemble partners, providers, and resources to address the needs of neighbors in crisis; and WHEREAS, United Way of Denton County leads the effort to provide greater opportunity for every person in Denton County and works with a network of nonprofits, governments, and businesses across the County to respond to our community’s immediate needs and seek out better solutions for larger community-wide issues. NOW, THEREFORE, I, MAYOR ALICIA L. FLEURY, IN CONJUNCTION WITH THE TROPHY CLUB TOWN COUNCIL, DO HEREBY PROCLAIM: “SEPTEMBER 2022 AS LIVE UNITED MONTH” in the Town of Trophy Club and proudly join the United Way of Denton County in calling on all residents of Trophy Club to Give, Advocate, and Volunteer as we LIVE UNITED to build a Healthier Denton County for all of us. PASSED AND APPROVED by the Trophy Club Town Council this 13th day of S e p t e m b e r 2022. Anita Otterson, Town Secretary Alicia L. Fleury, Mayor 5 Proclamation 2022-15 Town of Trophy Club, Texas A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, SUPPORTING SEPTEMBER 2022 AS SUICIDE PREVENTION AWARENESS MONTH. WHEREAS, September is known around the United States as National Suicide Prevention Awareness Month and is intended to help promote awareness surrounding each of the Suicide Prevention resources available to us and our community; and WHEREAS, Suicidal thoughts can affect anyone regardless of age, gender, race, orientation, income level, religion, or background; and WHEREAS, more than 48,000 people die by suicide across the United States each year, with an average of 132 suicides completed daily; and WHEREAS, Suicide is the 10th leading cause of death among adults, and the 2nd leading cause of death among individuals between the ages of 10 and 34 in the United States; and WHEREAS, each and every suicide directly impacts a minimum of 100 additional people, including family, friends, co-workers, neighbors, and community members; and WHEREAS, the Town of Trophy Club is no different from any other community in the country, but chooses to publicly state and place our full support behind educators, mental health professionals, community leaders and parents, as partners in supporting our community in simply being available to one another; and WHEREAS, organizations, such as American Foundation for Suicide Prevention, National Institutes of Mental Health, Veterans in Crisis, Suicide & Crisis Center of North Texas, GallantFew, and the new 988 Suicide & Crisis Lifeline provide research, resources, and support in order to spread awareness and prevent suicide. NOW, THEREFORE, I, MAYOR ALICIA L. FLEURY, IN CONJUNCTION WITH THE TROPHY CLUB TOWN COUNCIL, DO HEREBY PROCLAIM: SEPTEMBER 2022 AS SUICIDE PREVENTION AWARENESS MONTH PASSED AND APPROVED by the Trophy Club Town Council this 13th day of September 2022. ______________________________________ ________________________________ Anita Otterson, Town Secretary Alicia L. Fleury, Mayor 6 Page 1 of 2 To: Mayor and Town Council From: Matt Cox, Director of Community Development CC: Wade Carroll, Town Manager Anita Otterson, Town Secretary Re: Professional Services Agreement Town Council Meeting, September 13, 2022 Agenda Item: Take appropriate action to approve a Professional Service Agreement with Bureau Veritas North America, Inc., for on-call Commercial, Residential and Health Inspections for the Town of Trophy Club. Background and Explanation: The Community Development department is requesting to enter a Professional Service Agreement with Bureau Veritas North America to provide professional inspection services on an as-needed basis in lieu of a full-time health inspector and a commercial/residential building inspector. Currently, the Community Development department is utilizing two (2) independent companies for on-call health and building inspections. The services provided from Bureau Veritas North America (BVNA) will maintain current budget, conserve time by communicating with one entity, and increase customer service to Trophy Club businesses and restaurants. The agreement will remain in effect unless terminated by written notice to BV at least thirty (30) days prior to termination. Staff will remain fiscally responsible by reviewing the fees annually. Financial Considerations: In the FY2023 approved budget there is $14,000.00 budgeted for health inspections and $18,000.00 budgeted for commercial/residential inspections. Staff received six (6) additional vendors quotes and/or contracts for FY2023. Legal Review: This contract has been reviewed by the Town Manager and Town Attorney. Staff Recommendations: 7 Page 2 of 2 Staff recommends approval of the contract with Bureau Veritas North America for health and commercial/residential building inspections. Attachments: •BVNA Professional Services Agreement •Summary and Comparison of Bids •Additional Quotes/bids 8 Quote from BVNA: A quote from Bureau Veritas North America was requested for their professional services. BVNA quoted the following: Commercial/Residential Inspections $125/commercial and $76.92/residential – per stop Health (Food/Pool) Inspections $150/per year and $125/per year commercial pools Company Building Inspections Health Inspections Bureau Veritas North America $76.92/residential $125/commercial per stop $125/commercial pools $150/food inspection per year SAFEbuilt Texas, LLC Currently used for FY22 $85.00/per stop Not Offered American Food Safety & Inspections. Currently used for FY22 Not offered $150/per year $150/per year commercial pools North Texas Inspections $250.00/per stop Not Offered Master Code, Inc.No individual inspections Not offered Metro Code, Inc.$75/residential - $85/commercial -per stop Not offered Texas Public Health Solutions Not offered $155 per insp. $155 per insp. for commercial pools 9 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 1 of 32 BUREAU VERITAS NORTH AMERICA, INC. STANDARD PROFESSIONAL SERVICES AGREEMENT This STANDARD PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this__________ day of ________________, 2022, by and between Bureau Veritas North America, Inc., (“BVNA”), and the Town of Trophy Club, Texas, (“Client”). These Terms and Conditions govern the work to be performed by Bureau Veritas North America, Inc. (“BVNA”), as specified in the proposal prepared by BVNA of which these Terms and Conditions are a part thereof. WHEREAS, the Client desires that BVNA provide independent professional services for Client under the terms of a Standard Professional Services Agreement; WHEREAS, BVNA represents that it is a professional independent consulting firm and is willing and able to perform such services upon terms and conditions hereinafter set forth; WHEREAS, all services will be conducted in accordance with these terms and conditions and the agreed upon Scope of Services and Fee Schedule the forms of which are attached as Attachments “A” and “B” respectively. NOW, THEREFORE, in consideration of the foregoing and of the benefits to each of the parties accruing, the parties hereto do mutually agree as follows: AGREEMENT 1.Initiation of Services: During the term of this Agreement, Client may call upon BVNA to perform specific work from the scope to be defined per project in accordance with the agreed upon fees. Individual projects may be delineated via a specific proposal in accordance with the terms and conditions set forth in this Agreement. BVNA agrees to furnish services in conformity with the terms hereof and the following documents which are incorporated by reference and made a part hereof. No subsequent amendment to this Agreement shall be binding on either BVNA or Client unless reduced to writing and signed by an authorized Representative of BVNA and Client. Any pre-printed forms including, but not limited to: purchase orders, shipping instructions, or sales acknowledgment forms of either party containing terms or conditions at variance with or in addition to those set forth herein shall not in any event be deemed to modify or vary the terms of this Agreement. 2.Scope of Services: BVNA shall provide its services at the time, place, and in the manner specified in the proposal. 3.Term. This Agreement shall remain in effect from the effective date of the Agreement unless terminated by written notice to the other party at least thirty (30) days prior to termination. Fees may be adjusted annually. 4.Time of Performance: The services of BVNA are to commence upon execution of this Agreement and shall continue until all authorized work is completed. BVNA shall use commercially reasonable best efforts 10 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 2 of 32 in performing services under these Terms and Conditions, and the Companion Documents (“Agreement”). Companion Documents shall mean any documents accompanying BVNA’s Proposal, including but not limited to the Scope of Work, Fee Schedules or any other Exhibits specific to the project. BVNA shall not be responsible for failure to perform its services if i) there is a failure or delay by Client or its contractors in providing BVNA with the necessary access to properties, documentation, information, or materials; ii) Client or its contractors fail to approve or disapprove BVNA’s work; or iii) if Client causes delays in any way whatsoever. In any of these events, BVNA’s time for completion of its service shall be extended accordingly. BVNA shall not be responsible for failure to perform if such failure is due to any act of God, labor trouble, fire, inclement weather, act of governmental authority, failure of transportation, accident, power failure or interruption, or any other cause reasonably beyond BVNA’s control. In any of these events, BVNA’s time for completion of its services shall be extended accordingly. 5.Compensation: Compensation to be paid to BVNA shall be in accordance with the Schedule of Fees set forth in accordance with the agreed upon fee schedule per project. 6.Method of Payment: BVNA shall submit monthly billings to Client describing the work performed during the preceding month. Client shall pay BVNA no later than thirty (30) days after receipt of the monthly invoice by Client’s staff. If the invoice is not paid within such period, Client shall be liable to BVNA for a late charge accruing from the date of such invoice to the date of payment at the lower of eighteen (18) percent per annum or the maximum rate allowed by law. Further, if the invoice is not paid within such period, BVNA may, at any time, and without waiving any other rights or claims against Client and without thereby incurring any liability to Client, elect to terminate performance of services immediately following written notice from BVNA to Client. Notwithstanding any such termination of services, Client shall pay BVNA for all services rendered by BVNA up to the date of termination of services plus all interest, termination costs and expenses incurred by BVNA. Client shall reimburse BVNA for all costs and expenses of collection, including reasonable attorney’s fees. For work requiring a construction permit to be issued, the total fee will be billed when the permit is issued by the Jurisdiction. 7.Construction Monitoring: If BVNA is engaged by Client to provide a site representative for the purpose of monitoring specific portions of any construction work, as set forth in the proposal, then this Section 7 shall apply. If BVNA’s engagement does not include such construction monitoring, then this Section shall be null and void. In connection with construction monitoring, BVNA will report observations and professional opinions to Client. BVNA shall report to Client any observed work which, in BVNA’s opinion, does not conform to plans and specifications. BVNA shall have no authority to reject or terminate the work of any agent or contractor of Client. No action, statements, or communications of BVNA, or BVNA’s site representative, can be construed as modifying any agreement between Client and others. BVNA’s presence on the Project site in no way guarantees the completion or quality of the performance of the work of any party retained by Client to provide construction related services. Neither the professional activities of BVNA, nor the presence of BVNA or its employees, representatives, or subcontractors on the Project Site, shall be construed to impose upon BVNA any responsibility for methods of work performance, superintendence, sequencing of construction, or safety conditions at the Project site. Client acknowledges that Client or its general contractor is solely responsible for job site safety, and warrants and agrees that such responsibility shall be made evident in any Project owner’s agreement with the general contractor. Client also agrees to make BVNA an additional insured under any general contractor’s General Liability insurance policy. Prior to the commencement of the Work, Client shall provide BVNA with a certificate of insurance evidencing the required insurance. Such certificates shall be issued by an insurance carrier(s) acceptable to BVNA and shall be endorsed to include: (1) BVNA as additional insured; (2) thirty (30) days prior written notice of cancellation or material change in any of the coverages; and (3) a waiver of subrogation as to BVNA. Each policy of insurance required shall be written by an insurance company with a minimum rating by A.M. Bests & Company of A-VI. This insurance shall be primary to any insurance available to BVNA. In the event BVNA expressly assumes any health and safety responsibilities for hazardous materials or other items specified in this Agreement, the acceptance of such responsibility does not and shall not be deemed an acceptance of responsibility for any other 11 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 3 of 32 health and safety requirements, such as, but not limited to, those relating to excavation, trenching, drilling or backfilling. 8.Ownership of Documents: All plans, studies, documents and other writings prepared by BVNA, its officers, employees and agents and subcontractors in the course of implementing this Agreement shall remain the property of BVNA. The Client acknowledges that all intellectual property rights related to the performance of the Agreement, including but not limited to the names, service marks, trademarks, inventions, logos and copyrights of BVNA and its affiliates, (collectively, the “Rights”) are and shall remain the sole property of BVNA or its affiliates and shall not be used by the Client, except solely to the extent that the Client obtains the prior written approval of BVNA and then only in the manner prescribed by BVNA. If BVNA terminates the Agreement in accordance with the provisions of Article 29 below, any such license granted by BVNA to the Client shall automatically terminate. 9.Use of Data or Services: BVNA shall not be responsible for any loss, liability, damage, expense or cost arising from any use of BVNA’s analyses, reports, certifications, advice or reliance upon BVNA’s services, which is contrary to, or inconsistent with, or beyond the provisions and purposes set forth therein or included in these Terms and Conditions, or in the Companion Documents. Client understands and agrees that BVNA’s analyses, reports, certifications and services shall be used solely by the Client, and only Client is allowed to rely on such work product. If a third party relies on the services, analyses, reports or certifications without BVNA’s written permission, then Client agrees to defend and indemnify BVNA from any claims or actions that are brought as a result of such reliance. 10.Independent Contractor: It is understood that BVNA, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the Client. BVNA shall obtain no rights to retirement benefits or other benefits which accrue to Client’s employees, and BVNA hereby expressly waives any claim it may have to any such rights. 11. Standard of Care: BVNA REPRESENTS THAT THE SERVICES, FINDINGS, RECOMMENDATIONS AND/OR ADVICE PROVIDED TO CLIENT WILL BE PREPARED, PERFORMED, AND RENDERED IN ACCORDANCE WITH PROCEDURES, PROTOCOLS AND PRACTICES ORDINARILY EXERCISED BY PROFESSIONALS IN BVNA’S PROFESSION FOR USE IN SIMILAR ASSIGNMENTS AND PREPARED UNDER SIMILAR CONDITIONS AT THE SAME TIME AND LOCALITY. CLIENT ACKNOWLEDGES AND AGREES THAT BVNA HAS MADE NO OTHER IMPLIED OR EXPRESSED REPRESENTATION, WARRANTY OR CONDITION WITH RESPECT TO THE SERVICES, FINDINGS, RECOMMENDATIONS OR ADVICE TO BE PROVIDED BY BVNA PURSUANT TO THIS AGREEMENT. 12.Indemnity: Subject to the Limitation of Liability included in this Agreement, BVNA shall indemnify and hold harmless Client from and against losses, liabilities, and reasonable costs and expenses (for property damage and bodily injury, including reasonable attorney’s fees), to the extent directly and proximately caused by BVNA’s negligent performance of services or breach of warranty under this Agreement. BVNA shall not be obligated to defend the Client until there is an actual finding of negligence or if the parties agree otherwise. Client shall defend, indemnify and hold harmless BVNA, its employees, directors, officers, and agents, from and against claims, losses, liabilities, and reasonable costs and expenses (including reasonable attorney’s fees) that are: i) related to, or caused by the negligence or willful misconduct of Client, its employees, or agents; ii) related to this Agreement or the work to be performed by BVNA for which BVNA is not expressly responsible; or iii) the expressed responsibility of the Client under this Agreement. 13.Limitation of Liability: To the fullest extent permitted by law and notwithstanding anything else in this Agreement to the contrary, the total aggregate liability of BVNA, its affiliates, employees, officers, directors and agents (Collectively referred to in this paragraph as “BVNA”) for all claims for negligent 12 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 4 of 32 professional acts, errors or omissions arising out of this Agreement is limited to $50,000 or the amount of the total fees hereunder, whichever is greater. 14.Insurance: BVNA, at BVNA’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies with insurers possessing a Best’s rating of no less than A:VII: a. Workers’ Compensation Coverage: BVNA shall maintain Workers’ Compensation and Employer’s Liability Insurance for its employees in accordance with the laws of the state where the services are being performed. Any notice of cancellation or non-renewal of all Workers’ Compensation policies will be sent to the Client in accordance with the policy provisions. b. General Liability Coverage: BVNA shall maintain Commercial General Liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. c. Automobile Liability Coverage: BVNA shall maintain Automobile Liability insurance covering bodily injury and property damage for activities of BVNA employee arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. d. Professional Liability Coverage: BVNA shall maintain Professional Errors and Omissions Liability for protection against claims alleging negligent acts, errors or omissions which may arise from BVNA’s services under this Agreement. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis. BVNA shall name Client as additional insured and other parties that it deems appropriate to be additionally insured under BVNA’s Commercial General Liability policy and Automobile Liability policy, if requested to do so by Client. The Client, on its own behalf and on the behalf of any others that are named as additionally insured at Client’s request, agrees that providing such insurance or the additional insured endorsement shall in no way be construed as an assumption by BVNA of any liability for the negligence or willful misconduct or any wrongful behavior on the part of Client or others that are named additionally insured. 15.Consequential and Punitive Damages: Neither BVNA nor Client shall be liable under any circumstances for loss of profits, loss of product, consequential damages of any kind, indirect damages of any kind or special damages of any kind to the other party, or to any third party. No punitive or exemplary damages of any kind shall be recoverable against either party under any circumstances. 16.Cause of Action: If Client makes a claim against BVNA, for any alleged error, omission, or other act arising out of the performance of its professional services and to the extent the Client fails to prove such claim, then the Client shall pay all costs including attorney’s fees incurred by BVNA in defending the claim. Any cause of action brought against BVNA shall be brought within one (1) year of the work or services performed under this Agreement. 17.Compliance with Laws: BVNA shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinance and regulations in effect as of the date services are provided. 18.Resolution of Disputes: All claims, disputes, controversies or matters in question arising out of, or relating to, this Agreement or any breach thereof, including but not limited to disputes arising out of alleged design defects, breaches of contract, errors, omissions, or acts of professional negligence, except 13 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 5 of 32 those disputes which arise out of or are related to collection matters or fees alone under this Agreement, (collectively “Disputes”) shall be submitted to mediation before and as a condition precedent to pursuing any other remedy. Upon written request by either party to this Agreement for mediation of any dispute, Client and BVNA shall select a neutral mediator by mutual agreement. Such selection shall be made within ten (10) calendar days of the date of receipt by the other party of the written request for mediation. In the event of failure to reach such agreement or in any instance when the selected mediator is unable or unwilling to serve and a replacement mediator cannot be agreed upon by Client and BVNA within ten (10) calendar days, a mediator shall be chosen as specified in the Mediation Rules of the American Arbitration Association then in effect, or any other appropriate rules upon which the parties may agree. Should either party to this Agreement commence any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorney’s fees. 19.Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state where the BVNA office originating the work or proposal is located. 20.Releases: All lien releases will be limited to payment issues; no additional terms and conditions may be added to a release of lien. 21.Waiver of Jury Trial: Each party waives its right to a jury trial in any court action arising between the parties, whether under this Agreement or otherwise related to the work being performed under this Agreement. 22. Third Party Beneficiary: It is expressly understood and agreed that the enforcement of these terms and conditions shall be reserved to the Client and BVNA. Nothing contained in the Agreement shall give or allow any claim or right of action whatsoever by any third person. It is the express intent of the Client and BVNA that any such person or entity, other than Client or BVNA, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary. 23.Written Notification: Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent prepaid, first class mail. Any such notice, demand, etc., shall be addressed to the other party at the address set forth in the proposal. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to Client:_____________________________________ _____________________________________ _____________________________________ _____________________________________ If to BVNA:Bureau Veritas North America, Inc. Attn: Contract Processing 1000 Jupiter Road, Suite 900 Plano, TX 75074 With cc to:Bureau Veritas North America, Inc. Attention: Legal Department 1601 Sawgrass Corporate Parkway, Suite 400 Fort Lauderdale, FL 33323 14 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 6 of 32 24.Confidential Information: Neither party shall disclose information identified as confidential to anyone except those individuals who need such information to perform the Services; nor should either party use such confidential information, except in connection with the Work, the performance of the Services or as authorized by the other party in writing. Regardless of the term of this Agreement, each party shall be bound by this obligation until such time as the confidential information shall become part of the public domain. Confidential information shall not include information which is either: (i) known to the public; (ii) was known to the receiving party prior to its disclosure; or (iii) received in good faith from a third party. If either party is required to produce information by valid subpoena or Court order, parties agree to first provide prompt notice to other party in order to allow the party to seek a protective order or other appropriate remedy. This shall not prevent either party from disclosing information to the extent reasonably necessary to substantiate a claim or defense in any adjudicatory proceeding. Client agrees that BVNA shall be permitted to use Client's name and logos in BVNA’s marketing materials unless advised or prohibited against it by the Client in writing. The technical and pricing information contained in any proposal or other documents submitted to the Client by BVNA shall be considered confidential and proprietary and shall not be released or disclosed to a third party without BVNA’s written consent. 25.Assignment: Neither party may assign this Agreement or any right or obligation hereunder without the prior written consent of the other party, which shall not be unreasonably withheld or delayed; provided, however, that no consent shall be necessary in the event of an assignment to a successor entity resulting from a merger, acquisition or consolidation by either party or an assignment to an Affiliate of either party if such successor or Affiliate assumes all obligations under this Agreement. Any attempted assignment, which requires consent hereunder, shall be void and shall constitute a material breach of this Agreement if such consent is not obtained. 26.Non-Solicitation/Hiring of Employees: (a) To promote an optimum working relationship, the Client agrees in good faith that for the term of this Agreement and one year after the completion or termination of the Agreement not to directly or indirectly employ or otherwise engage any current employee of BVNA or any former employee of BVNA who left the employ of BVNA within the six (6) months prior to and including the date of the execution of the Agreement. The loss of any such employee would involve considerable financial loss of an amount that could not be readily established by BVNA. Therefore, in the event that Client should breach this provision and without limiting any other remedy that may be available to BVNA, the Client shall pay to BVNA a sum equal to the employee’s current annual salary plus twelve (12) additional months of the employee’s current annual salary for training of a new employee as liquidated damages. (b) BVNA’s employees shall not be retained as expert witnesses except by separate written agreement. Client agrees to pay BVNA’s legal expenses, administrative costs and fees pursuant to BVNA’s then current fee schedule for BVNA to respond to any subpoena. 27.Prevailing Wage: This Agreement and any proposals hereunder specifically exclude compliance with any project labor agreement or other union or apprenticeship requirements. In addition, unless explicitly agreed to in the body of the proposal, this Agreement and any proposals hereunder specifically exclude compliance with any State or Federal prevailing wage law or associated requirements, including the Davis Bacon Act. Due to the professional nature of its services BVNA is generally exempt from the Davis Bacon Act and other prevailing wage schemes. It is agreed that no applicable prevailing wage classification or wage rate has been provided to BVNA, and that all wages and cost estimates contained herein are based solely upon standard, no-prevailing wage rates. Should it later be determined by the Client or any applicable agency that in fact prevailing wage applies, then it is agreed that the contract value of this agreement shall be equitably adjusted to account for such changed circumstance. These exclusions shall survive the completion of the project and shall be merged into any subsequently executed documents between the parties, regardless of the terms of such agreement. Client will reimburse, defend, indemnify and hold 15 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 7 of 32 harmless BVNA from any liability resulting from a subsequent determination that prevailing wage regulations cover the Projects, including all costs, fines and reasonable attorney’s fees. 28.Waiver: No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. 29.Amendments: This Agreement may be modified or amended only by a written document executed by both BVNA and Client. 30.Entire Agreement: This Agreement constitutes the complete and exclusive statement of Agreement between the Client and BVNA. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 31.Termination: This Agreement may be terminated immediately for cause or by either party without cause upon fifteen (15) days written notice of termination. Upon termination, BVNA shall be entitled to compensation for services performed up to the effective date of termination. (a) Termination by Client: If the Client terminates this agreement without cause, the Client shall have two options concerning work and assignments that are in-progress. The Client shall select from: (1) Allowing BVNA the opportunity to complete all work and assignments in-progress that may be completed by another provider after the effective date of BVNA’s termination; or (2) Providing BVNA with a complete and unconditional release from any and all liability and indemnification requirements regarding all work and assignments that remain in-progress upon BVNA’s termination effective date. In the event that Client is silent on termination or does not make an affirmative selection, option (2) providing BVNA with a complete and unconditional release from any and all liability and indemnification requirements will be the default and active selection. (b) Termination by BVNA: If BVNA terminates without cause, BVNA will provide client with a thirty (30) day transition period from the notice of termination to allow Client sufficient time to secure a new Service Provider. During this transition period, BVNA and Client’s responsibilities under this agreement will remain in full force and effect. At the end of the thirty (30) day transition period BVNA will cease all activities. In the event Client shall request BVNA to continue to provide any Services beyond the expiration of the transition period, including any extensions, then BVNA and Client may negotiate in good faith terms of any such extension, including the pricing of Services. 32.Interpretation of Agreement: This Agreement shall be interpreted as though prepared by all parties and shall not be construed unfavorably against either party. 33.Severability of Agreement: If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the laws of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be effected and shall remain in full force and effect. [signatures on following page] 16 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 8 of 32 IN WITNESS WHEREOF, the parties hereby execute this agreement upon the terms and conditions stated above and the Attachments following the signatures below. BUREAU VERITAS NORTH AMERICA, INC.CLIENT Signature:Signature: Name:Name: Title:Title: Date:Date: Address:Address: Telephone:Telephone: Email:Email: DTQR Date 17 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 9 of 32 ATTACHMENT A SCOPE OF SERVICES CONSTRUCTION CODE SERVICES BVNA and the representatives of BVNA are charged with the enforcement of the provisions of the Jurisdiction’s Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Fuel Gas Code and Energy Code, acting in good faith and without malice in the discharge of the duties required by these codes or other pertinent law or ordinance shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. Plan Review Non-Structural Plan Review services shall be conducted as required by the Jurisdiction’s Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Fuel Gas Code and Energy Code, and other provided code related documents, as approved by the Jurisdiction. Applicants will be notified of Plan Review Comments and are responsible for addressing comments to the satisfaction of the Jurisdiction. The Jurisdiction has final interpretive authority over all plans and specifications. Permits are issued by the Jurisdiction. Inspections Inspection services shall be conducted as required by the Jurisdiction’s Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Fuel Gas Code and Energy Code. Special inspections as specified in chapter 17 and non-prescriptive structural inspections of the adopted International Building Code are not included and may be required as specified in the International Building Code. Any violations of the Jurisdiction’s codes or concealment of any work prior to approval by BVNA will be reported to the Building Official of the Jurisdiction. The Building Official of the Jurisdiction is the final interpretive authority and the Certificate of Occupancy will be issued at the discretion of the Jurisdiction. FIRE SERVICES Fire Services Plan Review Commercial, Multi-Family and Single Family Fire Sprinkler System Plan Review, Commercial Fire Alarm Plan Review, Commercial Underground Fire Sprinkler System Plan Review, Commercial Alternative Fire Extinguishing Systems (includes Kitchen Fire Suppression System, Clean Agent Systems, and CO2 Systems) Plan Review and Commercial Above and Below Ground Fuel Storage Tank Plan Review shall be conducted as required by the Jurisdiction’s Fire Code, and other provided code related documents, as approved by the Jurisdiction. Applicants will be notified of Plan Review Comments and are responsible for addressing comments to the satisfaction of the Jurisdiction. The Jurisdiction has final interpretive authority over all plans and specifications. Permits are issued by the Jurisdiction. (The State of Texas requires the design and installation of Underground Fire Sprinkler Supply Line plans to be performed by a Licensed Underground Fire Sprinkler Contractor.) Fire Services Inspections Commercial, Multi-Family and Single Family Fire Sprinkler System Inspection, Commercial Fire Alarm Inspection, Commercial Underground Fire Sprinkler System Inspection, Commercial Alternative Fire Extinguishing Systems (includes Kitchen Fire Suppression System, Clean Agent Systems, and CO2 Systems) Inspection, Commercial Above and Below Ground Fuel Storage Tank Inspection and Commercial Fire Certificate of Occupancy Inspection services shall be conducted as required by the Jurisdiction’s Fire Code. Any violations of the Jurisdiction’s codes or concealment of any work prior to approval by BVNA will be reported to the Building Official of the Jurisdiction. The Building Official of the 18 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 10 of 32 Jurisdiction is the final interpretive authority. (The State of Texas requires the design and installation of Underground Fire Sprinkler Supply Line plans to be performed by a Licensed Underground Fire Sprinkler Contractor.) Annual Fire Safety Inspections Annual Fire Safety Inspections will be conducted in accordance with the Jurisdiction’s Fire Code for commercial establishments and public buildings subject to an annual operation permit. Fire Code Plan Review Services and Inspection Services Site and building Plan Review and Inspection services shall be conducted as required by the Jurisdiction’s Fire Code. Any violations of the Jurisdiction’s codes or concealment of any work prior to approval by BVNA will be reported to the Building Official of the Jurisdiction. The Building Official of the Jurisdiction is the final interpretive authority. HEALTH SERVICES BVNA will have an exclusive agreement with Client to ensure compliance with the provisions of the Jurisdiction’s Adopted Food Establishment Ordinance. In absence of said ordinance, the provisions of Title 25 Texas Administrative Code Chapter 228, regarding the regulation of food establishments, known as the Texas Food Establishment Rules (TFER), will be enforced. The Texas Administrative Code (TAC), Standards for Public Pools and Spas, Section 265.181 - 265.200 will be enforced for public swimming pools and spas. BVNA services include the following per permitted installation: •Review plans for compliance with the applicable laws and rules required. •Perform inspections to determine compliance with the applicable laws and rules required. •Inspections will be performed by a Texas Registered Sanitarian •Update or create the required Health forms. •Web-based project tracking of Health permits. •Provide written report of any deficiencies. •Investigation of complaints on permitted facilities. The Client will have final interpretive authority over all plans, specifications and inspections and is charged with the issuance of all permits and certificates of occupancy. PUBLIC WORKS SERVICES Upon receipt of written Notice to Proceed from Client, BVNA will provide Inspection services relative to Public Works Services as outlined below to verify conformance with approved plans, specifications and local ordinances provided by Client. Inspections Inspection services include, but are not limited to: making site observations, writing correction notices and field reports, attending meetings and answering inquiries in person or by telephone. Plan Review Plan Review services include, but are not limited to: verification of plan compliance with adopted public works standards, attendance at pre-plan design meetings and follow up on design issues. 19 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 11 of 32 Technical Support BVNA will be available for pre-construction or field site meetings and will provide field staff for observation purposes as needed. PLANNING AND MAPPING SERVICES Comprehensive Planning and Mapping services shall be provided as outlined below. Base Mapping •BV shall prepare a corporate area base map, which shall show at least the features (a) through (k) below: a) Highway and street rights-of-way; b) Highway designations and street names; c) All major drainage ways; d) Major bodies of water; e) Block and lot lines for all platted subdivisions as available; f) Property lines within unplatted subdivisions as available; g) The width of all major utility easements; h) Railroad rights-of-way; i) All subdivisions and their names; j) Corporate limits; k) Other major facilities or features to include but not necessarily limited to: 1. Major park and recreation areas and facilities; 2. Water Treatment plants; 3. Sewage Treatment plants; 4. Extraterritorial jurisdiction line, as appropriate; and 5. Other significant features. Housing Inventory, Analysis and Plan •BV shall prepare a housing conditions inventory, analysis and plan. •BV shall develop criteria to be used in the classification of building conditions and formulate definitions for each classification. As a minimum, the four following classifications shall be utilized within the study: a) Standard, b) Minor Deteriorating, c) Major Deteriorating, and d) Dilapidated. •BV shall perform an assessment of the exterior of all residential buildings within the city to determine the physical condition of each building or structure. BV will record vacant and abandoned residential units as the assessment is being made. •BV shall use the base map to create a Housing Conditions Map depicting all housing conditions as inventoried and showing all housing and its classification as defined by the developed criteria. •BV shall conduct an analysis of housing data to determine problems and housing needs of the current and prospective population. •BV shall prepare a goal(s) statement and annual housing related objectives. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. •BV shall identify future implementation actions and probable costs, both public and private, to be taken annually over the next three to five years. These activities shall result in the preparation of an overall program design for housing related activities. 20 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 12 of 32 Population •BV shall compare census data of the locality from 1960 to present. BV will provide number of persons in each of the sex, race and Hispanic origin categories. •BV shall determine existing population estimates of the locality by occupied dwelling units. A realistic assessment of the locality's existing population shall be made by reliable methods. •BV shall estimate the locality's future population by five-year increments for the next fifteen to twenty years based on existing trends. •BV will use the base map for illustrative purposes a Population Distribution Map showing the existing and projected population distribution for the planning period. Land Use Inventory, Analysis and Plan •BV shall assess and inspect each plot, tract and parcel of land within the project area to determine its use. The project area should include the city's extraterritorial jurisdiction (ETJ). •BV shall use categories in classifying land uses shall include, as a minimum, the following: a) Vacant (vacant developed or vacant undeveloped); b) Agriculture (cultivated and range land - five or more acres); c) Residential (single family, two family, multi-family, manufactured and mobile homes); d) Commercial; (retail and services); e) Industrial; (light and heavy); f) Public and Semi-Public (schools, parks and public buildings); and g) Other such additional or subcategories as may be deemed necessary to accurately reflect the existing pattern of land areas. •BV shall prepare a color-coded Existing Land Use Map of the corporate and ETJ area using the base map. Colors should conform to standard code. •BV shall make a tabulation of the existing land uses to show: a) Total acreage by use; b) Percentage of acreage in each land use; c) Acres per 100 persons, or other standard for comparison purposes; and d) Developed and undeveloped land as a percent of the total land. •BV will make an analysis of the community regarding past and potential developments and will report on factors affecting the development of land, such as those below: a) Occupied dwelling units; b) Existing land use; c) Thoroughfares d) Existing and anticipated population; e) Soil characteristics as related to developments; f) Adequacy of public utilities; g) Adequacy of public facilities; h) Storm drainage problem areas; i) Natural and man-made constraints. •BV shall prepare a goal(s) statement and annual land use related objectives and, using the base map at, BV shall prepare a color-coded Future Land Use Map to illustrate the future physical development of the locality during the planning period. B. Economic Development 1. Historic Development And General Characteristics •Studies and plans being prepared under this contract should be coordinated with previously developed studies and plans, including any available with the appropriate state office, the regional planning council, etc. •BV shall make a review and analysis of the factors which have contributed to the present development of the planning area to include the following: •Development of the economy; •Physical growth of the community; •The relationship of the community to the region. 21 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 13 of 32 2. Economic Base, “Barrier Analysis" •BV will prepare an inventory of the social, economic, governmental, and industrial elements of the area's development and potential. The inventory shall, to the extent possible, examine the number of people employed in the retail trade, manufacturing, construction and government, the dollar volume of various local employers, and employee income levels. The inventory shall, as a minimum, include, but need not be limited to, the following, as available and appropriate: a) Retail facilities; b) Wholesale facilities; c) Service facilities; d) Financial facilities; e) Manufacturing facilities; f) The physical facilities and rates for the following utilities and communication services: 1. Electric; 2. Water; 3. Natural gas; 4. Sewage and garbage disposal; g) Transportation; h) Quantity, quality and availability of raw materials; i) Labor supply by sex, industry, and skills; j) Available industrial sites and buildings to include: 1. Location; 2. Utility connections; 3. Transportation; 4. Availability. •BV will determine to the extent possible the relationship of the elements inventoried to economic development potential. •A "barrier analysis" shall be prepared which rates the following cost factors and operating condition factors, as appropriate. The ratings shall be assigned based on a comparison with regional, state, and/or national standards. a) Cost Factors: 1. Wage levels (g) Land/site costs 2. Electricity costs (h) Local property taxes 3. Fuel costs (i) Financing costs 4. Water costs (j) State costs 5. Sewer costs (k) Other(s), as appropriate 6. Building costs b) Operating Condition Factors: 1. Unskilled labor supply (k) Availability of air service 2. Skilled labor (l) Vocational education facilities 3. Productivity (m) Site availability 4. Unionization (n) School facilities 5. Labor-management relations (o) Medical services 6. Electric power availability (p) Natural features, resources, geography, etc. 7. Water and sewer availability (q) Others, such as, telecommunications, 8. Gas availability aesthetics, community receptivity, laws, 9. Common motor carrier service community organizations, debt, etc. 10. Rail/freight service c) BV shall determine whether the city should use other standards and analysis tools in addition to those above to derive an alternative comparison. 22 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 14 of 32 d) BV shall coordinate with community leaders and draw some conclusions as a result of the inventory and analysis required above; and, e) Determine whether the pattern of economic growth should be altered. f) BV shall suggest what type of policies and/or codes should be implemented to improve conditions for the encouragement of economic opportunities and local business expansion and attraction. 3. PLAN •BV shall develop an economic development plan with goals and objectives. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. •The implementation strategy should focus on private and public investment and resources. •The plan shall include graphics, if appropriate, and shall suggest a response to the inventory and analysis above and provide appropriate or possible: a) Public/private sector projects and their costs; b) Financing sources and incentives; and c)Changes to policies, codes and ordinances that could improve the economic climate. C. Central Business District 1. Commercial Area Inventory •BV shall make an assessment of the Central Business District (CBD) that should include its area of immediately adjacent influence to include but not necessarily limited to the following: a) The existing land use of the Central Business District; b) Street rights-of-way and pavement widths, where applicable; c) Locations and condition of sidewalks, curbs and gutters; d) On and off-street parking; e) Condition of buildings; f) Location of traffic controls by types; and g) Traffic volumes and turning movements for major streets, where available; h) Physical geographic features of the community that could have a positive or negative effect on the integrity of the CBD. •BV shall show the above inventory on a symbol-coded map. •BV shall prepare a drawing to show the relationship of the CBD to other supportive and competitive development within the community. 2. Analysis •BV shall analyze the findings above and should determine: a) The Central Business District and its relationship to community development to determine if improvements or rearrangement of commercial facilities are needed; b) A ratio of existing and projected commercial acreage; c) A ratio of used and vacant commercial floor area in the central business district; and d) Other significant details and their impact on the vitality of the central business district as they become evident during the course of the study. 3. Central Business District Plan •BV shall prepare a goal(s) statement and annual Central Business District related objectives. •To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. •In relation to recognized problems, goals and objectives, BV shall prepare recommendations that could improve the aesthetic values and physical integrity of the Central Business District considering possible: a) Improvement to facades and alleyways; b) Pedestrian walkways; c) Landscape treatment of street medians, pedestrian ways and rest areas; and/or d) Removal of obsolete buildings and overhead utility lines. 23 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 15 of 32 •BV shall prepare a Central Business District Plan to graphically illustrate the redevelopment of the area in relation to the formulated goals and objectives. The Central Business District •Plan map(s) shall, as a minimum include but not necessarily be limited to: a) Any necessary rearrangement of land uses to improve compatibility; b) Any necessary building relocation or reorientation in order to improve their usefulness; and c) On and off-street parking areas. •BV shall present phased improvements, estimated costs and sources of funding. D. Street System 1. Street Study •BV shall make an inventory of the physical characteristics of the street system to record, but not necessarily be limited to the following: a) Rights-of-way widths, as available; b) Paving widths, types and condition of pavement; c) Curb and gutter and/or borrow (roadside) ditches; d) Other information concerning configuration, traffic flow, and street conditions, including possible impediments to traffic flow, particularly in an emergency situation, as appropriate and/or available. •Data and information from the Texas Department of Transportation shall be used to the maximum extent feasible. •Using the base map for illustrative purposes, BV shall prepare a Street Conditions Map showing the existing street system inventory. 2. Street System Analysis •BV shall make an analysis of the street system and list and rank problems and should present possible alternative actions and costs in providing solutions. •BV shall determine the adequacy of the system to meet existing and forecasted needs, including during emergency situations, and make recommendations for any needed improvements concerning configuration, traffic flow, and street conditions. Recommendation should prepare for contingencies, including planning evacuation routes. 3. Street Plan •BV shall prepare a goal(s) statement and street-related objectives for the planning period and should include construction-related and policy–related recommendations regarding streets’ improvements. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. General improvements to meet standards and disaster resiliency needs for at least the first five to ten years shall be stated and include: a) Priorities; b) Estimated costs; and c) Sources of possible funding. •Using the base map BV shall prepare a Future Street Conditions Map. •The plan shall provide for the elimination of deficiencies and recommended improvements to meet forecasted needs. Improvements shall be in accordance with accepted municipal standards and shall be shown by phases. E. Thoroughfare System 1. Inventory Of Major And Collector Streets •BV shall prepare standards or criteria to determine the definition for major and collector streets and shall include the information in the narrative section of the study. •BV shall conduct a study of major and collector streets to determine the present condition of these streets within the planning area. The study should include but not necessarily be limited to: a) Peak hour and average daily traffic counts, where available; b) Right-of-way widths; c) Paving widths, types and condition of pavement; 24 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 16 of 32 d) Traffic control data; e) Parking restrictions; f) Curb and gutter; g) Origin and destination information, where available; h) Land use and traffic generator information; i) Truck routes; and, j) Emergency routes. •Information from prior studies, the county, Texas Department of Transportation and other available sources shall be used to the maximum extent feasible. •Using the base map for illustrative purposes, BV shall prepare a Thoroughfare Conditions Map to show b. (1) through (9), above, as applicable. 2. Thoroughfare Analysis •BV shall list and rank problems related to the thoroughfares system. •To determine the size and quality of streets needed in the project area, an analysis shall be made for all major and collector streets, their locations, adequacy or inadequacy for existing and forecasted population, land uses, etc. As a minimum, the following should be considered, where appropriate: a) Texas Department of Transportation traffic counts, local traffic habits, and other factors; b) Circulation studies prepared previously; and c) Street standards approved by the locality and State. 3. Thoroughfare Plan •BV shall prepare a goal(s) statement and thoroughfare system-related objectives for the planning period and should include construction-related and policy–related recommendations regarding thoroughfare system improvements. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. General improvements to meet standards and disaster resiliency needs for at least the first five to ten years shall be stated and include: a) Priorities; b) Estimated costs; and c) Sources of possible funding. •In relation to the analysis of existing and anticipated land use, school and park locations, travel habits, employment centers, traffic generators, traffic volumes; and in coordination with plans of the Texas Department of Transportation, and other available studies, BV shall prepare a plan for a system of thoroughfares, major and collector streets to meet the future circulation needs of the planning area. •Using the base map at its contracted scale for illustrative purposes, BV shall show phased improvements on a Future Thoroughfares Map. •BV will prepare sketch plans for improved channeling of traffic at intersections where problems exist or are anticipated during if needed. F. Water System 1. Water System Inventory •BV shall make a review of all prior studies and other available data on the existing water system. •BV shall make an inventory of the physical characteristics of the system to include, but not necessarily be limited to the following: a) Location of lines, valves, fire hydrants, and line sizes; b) location and capacity of ground and elevated storage facilities; c) Location and capacity of wells and pumps; d) Location and capacity of water treatment facilities, as appropriate; e) Location and capacity of generators; f) Condition of system elements and other system data, as available. 25 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 17 of 32 •Using the base map for illustrative purposes, BV shall prepare a Water System Map showing existing facilities as specified in the inventory required above. Mapping shall show all facilities and illustrate the entire area that the facilities serve. •BV shall report appropriate standards and criteria used to determine the water system needs and include them in the narrative section of the report, including the name of publications where standards can be found. Reference shall be made to the existing and required Drought Contingency and Water Conservation Plan. 2. Water System Analysis •BV shall make an analysis of the water system and list and rank problems and should present possible alternative actions and costs in providing solutions, while particularly considering the water system’s ability to provide reliable service, including fire protection within state standards during drought conditions. As a minimum, the following should be considered in determining problems connected with the water system: a) Water quality; b) Storage facilities; c) Availability of water; future needs; d) Water pressure; e) Water costs to city; f) Water cost to customers and review of current and g) Operation procedures. •Distribution lines; •Ability to function under disaster situations, such as, flood, fire, tornado, power outages, etc. •BV shall determine the adequacy of the system to meet existing and forecasted needs. •BV shall evaluate the local system’s capability to provide water under drought and other disaster-related conditions and in regard to its drought contingency and water conservation plan and accepted conservation practices. •BV shall evaluate the local system’s capability to provide water, including during drought and other disaster-related conditions, and coordinate with the Regional Water Plan and the State Water Plan, where applicable. 3. Water System Plan •BV shall prepare a goal(s) statement and water system-related objectives for the planning period and should include construction-related and policy–related recommendations regarding water system improvements. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. General improvements to meet standards and disaster resiliency needs for at least the first five to ten years shall be stated and include: a) Priorities; b) Estimated costs; and c) Sources of possible funding. •The studies and plans developed shall be in strict accord with criteria established by the Texas Commission on Environmental Quality (TCEQ), Texas Water Development Board (TWDB), and the Texas Department of Insurance. •As much as is applicable, appropriate and possible during the contract period and in coordination with TCEQ, which requires drought management plans, BV shall include drought and conservation plans in its overall water system plan. The plans should also include consideration of water provision during other disaster situations, such as flood, fire, tornado, power outages, etc. •Using the base map for illustrative purposes, BV shall illustrate the existing and proposed water system and findings on a Future Water System Map. Recommended improvements shall be shown by phases. 26 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 18 of 32 G. Wastewater System 1. Wastewater System Inventory •BV shall make a review of all information regarding the existing wastewater system. •BV shall make an inventory of the physical characteristics of the system to include, but not necessarily limited to the following: a) Location, condition, and size of lines as available; b) Location of manholes and cleanouts; c) Location and capacities of lift stations; d) Location and capacity of generators; e) Treatment facility and operation arrangement. •Using the base map for illustrative purposes, BV shall prepare a Wastewater System Map showing the existing facilities in relation to topographic features. •BV shall report standards or criteria used to determine wastewater system needs and include the criteria in the narrative section of the report with the name of the publication(s) where standards can be found. 2. Wastewater System Analysis •BV shall list and rank problems related to the wastewater system and should present possible alternative actions and costs in providing solutions. As a minimum, the following should be considered in determining problems of the wastewater system: a) Infiltration; b) Industrial waste and special treatment facilities; c) Operational procedures; d) Unserved areas; e) Characteristics of the soil and terrain affecting collection treatment; f) Ability to function under disaster situations, (flood, fire, tornado, power outages, etc.). 3. Wastewater System Plan •BV shall prepare a goal(s) statement and wastewater system-related objectives for the planning period and should include construction-related and policy–related recommendations regarding wastewater system improvements. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. General improvements to meet standards and disaster resiliency needs for at least the first five to ten years shall be stated and include: a) Priorities; b) Estimated costs; and c) Sources of possible funding. •Using the base map for illustrative purposes, BV shall prepare a Future Wastewater System Map illustrating phased improvements to the wastewater system in relation to the existing system and topographic features. •Such prepared plan shall be done in accordance with criteria and standards established by the Texas Commission on Environmental Quality (TCEQ). H. Storm Drainage System 1. Storm Drainage Inventory •BV shall conduct an assessment of the project area for any existing storm drainage facilities and all natural drainage courses to include as a minimum: a) Location and condition of drainage ways; b) Location and condition of curb and gutter, borrow (roadside) ditches, culverts, and storm sewers; c) Location of 100 years flood hazard areas; and d) Identification of areas within the community where local flooding has occurred. •Using the base map for illustrative purposes, BV shall prepare a Storm Drainage Map showing the existing facilities in relation to topographic features. 27 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 19 of 32 2. Storm Drainage Analysis •BV shall list and rank problems related to storm drainage and should present possible alternative actions and costs in providing solutions. •BV shall prepare an analysis of the existing drainage system for both natural and man-made facilities. Major and minor drainage areas and areas that have experienced flooding shall be delineated. •Drainage characteristics of the areas shall be briefly described and analysis shall be made to determine methods of eliminating local flooding and eroding of local streets. Data, as available through the National Flood Insurance Program of the Federal Emergency Management Agency, shall be utilized to the fullest extent possible. 3. Storm Drainage Plan •BV shall prepare a goal(s) statement and storm drainage-related objectives for the planning period and should include construction-related and policy–related recommendations regarding storm drainage improvements. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. General improvements to meet standards and disaster resiliency needs for at least the first five to ten years shall be stated and include: a) Priorities; b) Estimated costs; and c) Sources of possible funding. •Using the base map for illustrative purposes, BV shall prepare a Future Storm Drainage Map illustrating phased improvements related to storm drainage in relation to the existing conditions and topographic features. I. Recreation And Open Space 1. Recreation And Open Space Inventory •BV shall take an inventory of the community's existing parks, recreation facilities and open spaces to include but not necessarily be limited to the following: a) Location, type and use of public parks; b) Location and type of public recreation facilities, including public school facilities; c) Open spaces of all types including boulevards, parkways, floodplains, conservation areas, etc. •BV shall identify the service area of the parks and recreational opportunities it provides. •Review and report on recreational facilities and open spaces serving the community's population, but outside the municipality's jurisdiction. •Review and report on major recreational facilities serving the community's population that are privately or semi-publicly owned and operated. 2. Recreation And Open Space Analysis •In coordination with city officials, BV shall establish level of service standards and criteria for determining adequacy of existing parks, recreational facilities and open space and future requirements. •BV shall utilize workshops, hearings and/or canvasses to maximize opportunities to solicit public input on needs and document the dates of the methods used. •BV shall describe the legitimate method for assessing needs. Explain how public input was used to assess needs. •In consonance with the recommended standards, BV shall make a study and analysis to determine the adequacy of the existing parks and recreational facilities to meet the needs of the present and forecasted population, considering population growth, and change in composition. •BV shall prepare a listing and priority ranking of problems relating to recreation facilities and open spaces. Explain how priorities were determined. 28 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 20 of 32 3. Recreation Facilities And Open Space Plan •In cooperation with municipal agencies, BV shall determine specific goals relating to recreation and open space requirements and prepare short and long-range (five and ten years’) objectives to accomplish the stated goals. •In relation of existing facilities, recognized problems, and in consonance with goals and objectives, BV shall prepare a parks and open space plan. The plan shall contain appropriate text and mapping and shall, as a minimum, include: a) Recommendations for improvements and expansion to existing facilities; b) Recommendations for the general location of new facilities; c) Recommendations for the development and protection of open space areas to include conservation areas and other areas endorsed with natural beauty; and d) Recommendations toward coordinating municipal programs and facilities with other overlapping services within the community, such as school facilities, etc. e) Population projections for the period of the plan and demographics on ethnicity, age, and income. f) The existing and proposed parks (and facilities, as appropriate), greenbelts and open spaces illustrated on the base map at its contracted scale. •Recommended community improvements for the first five years shall be programmed and shall, as a minimum, include the following: a) Phasing of clear and measurable priorities; b) Timeline for completion; c) Estimated cost by project; and d) Possible sources of funding. J. Capital Improvements Program 1. Financial Analysis •BV shall make a financial analysis of the municipality to the extent possible to determine the municipality's approximate ability to finance present and future capital improvements. The study should include, but not be limited to the following: a) Past, present, and anticipated sources and amounts of income; b) Annual budgets; c) Operating costs; d) Direct and overlapping public debt; e) Outstanding municipal bonds and their schedule of retirement; f) Public improvements financing practices; and g) Recommended standards concerning debt limitations. 2. Capital Needs List •Based on the previous studies, and all capital needs, BV shall prepare a capital needs list of projects by category with general priorities for improvements to be accomplished during the planning period through workshop meetings with local officials. BV shall classify the type of capital improvements according to guidelines, such as: a) Mandatory: Those which protect life or health. b) Necessary: Those which are important public services. c) Desirable: Those which replace obsolete facilities. d) Acceptable: Those which reduce operating costs. 3. Capital Improvements Program •In consonance with the capital needs list and in coordination with the city’s budget, BV shall prepare a schedule of projects recommended for the municipality for the first five (5) to six (6) years of the planning period. The schedule shall list projects by category together with estimated cost, sources of funds and year of construction. •A map shall be prepared to show the projects by type and year of construction. 29 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 21 of 32 K. Subdivision Ordinance 1. Ordinance Development •BV shall prepare technical material necessary for the drafting and/or updating of a subdivision ordinance that will best be adapted to direct the platting of land consistent with proposals of the previously prepared Land Use Plan. •The technical material prepared shall be based on sound platting and planning principles and not be inconsistent with all applicable laws. 2. Ordinance Review •Following development of the technical material and prior to adoption, BV shall seek counsel and advice from the city's attorney regarding the legal aspects and implications of subdivision controls. •BV shall prepare the technical material for the subdivision ordinance in a form suitable for its adoption and submit it in report form to the Department as provided herein. L. Zoning Ordinance 1. Ordinance Development •BV shall prepare technical material necessary for the drafting of zoning ordinance that will best be adapted to direct the use of land consistent with proposals of the city's previously prepared Land Use Plan. •Technical material on zoning shall be based on sound zoning principles and not be inconsistent with all applicable laws, •Based on the Land Use Plan and other plans related to physical development of the municipality, BV shall have prepared a Zoning District Map using the base map. 2. Ordinance Review •Following development of the technical material and prior to adoption, BV shall seek counsel and advice from the city's attorney regarding the legal aspects and implications of zoning. •The technical material on zoning and the recommended zoning district map shall be prepared in report form suitable for adoption. Current Planning Activities Zoning Application and request reviews and analysis •Property owner information within 200 feet of site application can be mapped and mailing labels provided. •Public notice can be submitted to the newspaper of record for publication and necessary documentation for agenda item posting can be provided. •Letters of notification with map can be mailed and site signage (By City) can be placed on the property 15 days prior to the Commission meeting date. •Zoning Ordinance based upon owner request will be prepared. (Recommended ordinance wording can be provided). •An analysis/staff report can be prepared for city from a planning perspective. •Presentations for the Planning and Zoning Commission can be prepared and presented. •Presentations for the City Council can be prepared and presented. •Adjustments to the Comprehensive Plan and zoning map can be made if approved. Site Plan Applications and request reviews and analysis* •Review of application for general completeness for accepting site plan for review.* •Review for compliance with appropriate general zoning district or planned development. A copy of the document to be reviewed will be red lined and a written report provided itemizing each deficiency noted and returned to city. If the city desires a direct line of communication with applicant can be facilitated. •Review for compliance with landscape requirements. •Review of circulation/fire lanes. •An analysis/staff report can be prepared for city from a planning design perspective. 30 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 22 of 32 •Presentations for the Planning and Zoning Commission can be prepared and presented. •Presentations for the City Council can be prepared and presented. Preliminary Plat Applications and reviews •Review of application for general completeness for accepting for review. ** Rejection letter if necessary to stop 30-day clock for automatic approval. •Review for compliance with appropriate general zoning district or planned development guidelines. A copy of the document to be reviewed will be red lined and a written report provided itemizing each deficiency noted and returned to city. If the city desires a direct line of communication with applicant can be facilitated. •An analysis/staff report can be prepared for city approval/denial recommendation. •Presentations for the Planning and Zoning Commission can be prepared and presented. •Presentations for the City Council can be prepared and presented. Final Plat Applications and reviews •Review of application for general completeness for accepting for review. ** Rejection letter if necessary to stop 30-day clock for automatic approval. •Review of conformance to preliminary plat. •Review for compliance with appropriate general zoning district or planned development guidelines. A copy of the document to be reviewed will be red lined and a written report provided itemizing each deficiency noted and returned to city. If the city desires a direct line of communication between applicant and BV can be facilitated. •An analysis/staff report can be prepared for city approval/denial recommendation. •Presentations for the Planning and Zoning Commission can be prepared and presented. •Presentations for the City Council can be prepared and presented. Base Map/Zoning Map Updating: •Preparation of new digital base map. •Updating existing base map. •Updating or preparing zoning maps. 911 Addressing •Development of a 911 addressing system (Digital base map to be provided by city or prepared by BV). •Address all new developments *Preliminary consultations can be provided to an applicant upon request to assist and guide them in the plan preparation process. **If not available BV will develop checklists for each type of development to be used to check for minimum submittal requirements of an application. ADA SERVICES PHASE 1 ADA Services Phase 1A: ADA Coordinator and Department Liaison Selection and Training •Scope: Assist City with identifying an ADA Coordinator if not already done so. Work with appointed ADA Coordinator to identify ADA Liaisons, at a minimum, for all public facing departments (i.e. Permitting, Water Utility, Library, Parks & Rec., Police, Fire, etc…). Help ADA Coordinator develop training material for distribution to all ADA Liaisons. Also assist ADA Coordinator to develop a master schedule for quarterly, bi-annual or annual meetings between ADA Coordinator and ADA Liaisons (ADA Task Force). 31 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 23 of 32 Phase 1B: ADA Notice Development and Distribution •Scope: Assist appointed ADA Coordinator with development of ADA Notice specific to the City represented. Ensure that all ADA notices are displayed at public facing and internal facing areas. Ensure that ADA notice is also placed on city website. Phase 1C: ADA Grievance Procedure Development and Distribution •Scope: Assist appointed ADA Coordinator with development of ADA Grievance Procedure. Develop complaint form and make complaint form accessible. Ensure that procedure includes ability for complainants to access and file complaints easily. Ensure that grievance procedure is available on city website and accessible. Phase 1D: ADA Training at Staff Level Public Facing Departments •Scope: Once ADA Coordinator and ADA Liaisons are identified, develop a training schedule to allow public facing department staff to attend ADA training. Assist ADA Coordinator with one training session. Assist with development of training materials. PHASE 2 ADA Services IMPORTANT: Sample of Tasks & Costs Only – Client Specific Tasks & Costs TBD Phase 2A: ADA Self-Evaluation •Scope: o Task 1 – Project Management: Bureau Veritas (BV) will maintain project records, budgets, and communication during the project duration. BV will provide weekly project update calls to assigned City staff (ADA Coordinator) to keep schedule current. o Task 2 – Project Kickoff: Meet with City staff to introduce the proposed project tasks, schedule, and method of prioritizing barrier removals. Coordinate with City staff to identify and collect necessary documents to support Self-evaluation process and facilities survey. o Task 3 – Initiate Self-evaluation: ▪3A: Meet with major public facing departments ADA Liaisons (Parks & Rec., Police, Fire, Codes & Permitting, Public Works, Library, Health) to begin review ordinances, policies, and procedures of programs, services, and activities. ▪3B: Provide instructions and handouts to ADA Liaisons and describe how they can perform reviews of item 3A and by what scheduled date the reviews are due back to BV for compiling. ▪3C: Work with ADA Liaisons to ensure they understand their responsibilities to update the final ADA Transition Plan in future years. o Task 4 – Facilities Survey: ▪4A: Public buildings – Survey three (3) City buildings (City Hall, Court House, and Library) to determine compliance and non-compliance with ADA regulations. ▪4B: Public parking lots – Survey three (3) public parking lots (City Hall, Court House, and Library) to determine compliance and non-compliance with ADA regulations. ▪4C: City parks – Survey up to three (3) city parks to review shelters, restrooms, sport courts, fields, pools, concession stands, playground equipment, pedestrian and bicycle trails. ▪4D: Signalized intersections – Survey up to fifteen (15) city owned and maintained signalized intersections. BV will evaluate curb ramps and sidewalks leading to each 32 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 24 of 32 intersection. Signage at each intersection will also be reviewed. Which intersections to survey depends on City staff input, traffic volumes, and adjacent land uses. ▪4E: Sidewalks – Survey up to four (4) miles of City sidewalks, curb ramps, and path of travel along arterial roadways. Which City sidewalks, curb ramps, and path of travel to survey depends on City staff input, traffic volumes, pedestrian use, and adjacent land uses. o Task 5 – Survey Data Reporting: ▪5A: BV will create a survey and cost reporting for each facility noted in Task 4. Each survey report will note compliance status with ADA and State standards and include the following: •Listing of facilities in compliance. •Listing of facilities not in compliance. •Recommended actions to resolve non-compliance elements. •Prioritize list of recommended actions based on agreed upon methodologies between BV and City staff. •Assign conceptual costs and budget based on prioritized list of recommended actions. •Provide photo log of each facility surveyed. •Provide listing of sidewalks, curb ramps, and signalized intersections data for compiling into City GIS system. ▪5B: Review City Boards and Commissions policies and procedures for compliance with ADA regulations. Phase 2B: ADA Transition Plan •Scope: o Task 1 – Coordinate with ADA Coordinator on strategy for developing Transition Plan including review of City ordinances, design standards relating to sidewalks, curb ramps, Identify policies and procedures for compliance with ADA regulations. o Task 2 – Develop survey process to assist ADA Coordinator with evaluating accessibility improvements identified in Phase 2A: ADA Self-evaluation. Utilize prioritization methodology developed within Phase 2A for recommended improvements. o Task 3 – Assist ADA Coordinator in creating an implementation schedule for accessibility improvements. Prioritize improvements by facility type, severity, and cost estimates. o Task 4 – Review and recommend exceptions and exemptions that may apply under ADA regulations such as historic significance, alteration affecting fundamental nature of programs, services, and activities, structural feasibility, and programs affected by financial and administrative burden. o Task 5 – Assist ADA Coordinator with defining on-going budget needed to implement the Transition Plan and bring non-compliance elements into compliance. Help identify possible external funding sources if applicable. Phase 2C: Public Participation, Outreach, and City Staff Training •Scope: The Department of Justice requires public entities to engage with the public during the ADA Transition Plan development including appropriate consultation with individuals with disabilities. 33 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 25 of 32 o Task 1 – BV will facilitate one (1) public workshop for the City to review draft ADA Self- evaluation and ADA Transition Plan. o Task 2 – BV will prepare outreach materials and prepare brief summary of the workshop and highlight actions items. o Task 3 – Conduct ADA Coordinator and Liaisons training relating to disabilities etiquette, technologies, and procedures that can assist City staff in providing services to people with disabilities. Phase 2D: Meetings, Presentation to Council, and Documentation •Scope: o Task 1 – Progress Meetings: BV will conduct up to three (3) on-site meetings during the project period. Other meetings can be conducted by conference calls with ADA Coordinator and Liaisons. o Task 2 – City Council Meeting: BV will conduct one (1) meeting to introduce the project to Council and present the final ADA Self-evaluation and ADA Transition Plan. o Task 3 – Summary Documents: Provide meeting minutes after on-site meetings or conference calls to help guide ADA Coordinator and Liaisons. o Task 4 – Draft ADA Self-evaluation and ADA Transition Plan: Based on the ADA Self- evaluation process as detailed on Phase 2A, the documents will include the following: ▪4A: Executive summary describing the project purpose, process, and significant findings. ▪4B: Review of policies, procedures, and recommendations for improvement as noted in Phase 2A. ▪4C: A schedule that is developed in phases with cost estimates for the removal of accessibility barriers that cannot be resolved through changes to program or services by relocating, using auxiliary aides, or providing equivalent facilitation. ▪4D: BV will provide reproducible hard copies of the ADA Self-evaluation and ADA Transition Plan and electronic PDF format to the City ADA Coordinator for use and distribution. o Task 5 – Final ADA Self-evaluation and ADA Transition Plan: Following the review of the draft plans as noted in Task 5, BV will incorporate comments and prepare final plans for ADA Coordinator use and distribution. o Task 6 – Final Deliverables: ▪6A: Two (2) paper copies each of Draft ADA Self-evaluation and ADA Transition Plan. ▪6B: Two (2) paper copies of Final ADA Transition Plan and one (1) PDF copy including any appendices. ▪6C: One (1) electronic GIS copy of all field data compatible with City GIS system. HYGIENE SAFETY EXCELLENCE BVNA has launched a certification label based on health measures to accompany the resumption of activity in various industries, both private and public. The Hygiene Safety Excellence Certification program assists with reopening facilities and services. Our partnership with the Cleveland Clinic provides clear guidance and ensures confidence for both internal employees and the public as programs and services resume. This certification program includes the following five phases. All phases may be selected or individual phases may be selected to match the needs requiring assistance and BVNA will assist accordingly. 34 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 26 of 32 I.CONSULTING: Build a detailed Hygiene Safety Excellence (Guide) for prevention and safety. II.TRAINING AND COMMUNICATION: Create and administer communication/training kits for good hygiene practices for all employees (optional collaboration initiatives between Client marketing and BV marketing to promote hygiene safety). III.INITIAL AUDIT: Complete initial audit and reporting of hygiene protocols and operational requirements (optional surface testing if requested). IV.HYGIENE SAFETY EXCELLENCE LABEL: Apply for Hygiene Safety Excellence Certification (and install Certification label). V.SURVEILLANCE: Continue ongoing auditing and testing in order to comply with the Hygiene Safety Excellence (Guide). 35 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 27 of 32 ATTACHMENT B FEE SCHEDULE CONSTRUCTION CODE SERVICES Fee Table 1 - Commercial and Multi-Family construction plan review Valuation Fee $1.00 to $10,000.00 $50.00 $10,001.00 to $25,000.00 $70.69 for the first $10,000.00 plus $5.46 for each additional $1000.00 $25,001.00 to $50,000.00 $152.59 for the first $25,000.00 plus $3.94 for each additional $1000.00 $50,001.00 to $100,000.00 $251.09 for the first $50,000.00 plus $2.73 for each additional $1000.00 $100,001.00 to $500,000.00 $387.59 for the first $100,000.00 plus $2.19 for each additional $1000.00 $500,001.00 to $1,000,000.00 $1,263.59 for the first $500,000.00 plus $1.85 for each additional $1000.00 $1,000,001.00 and up $2,188.59 for the first $1,000,000.00 plus $1.23 for each additional $1000.00 Fee Table 2 - Commercial and Multi-Family construction inspection Valuation Fee $1.00 to $10,000.00 $76.92 $10,001.00 to $25,000.00 $108.75 for the first $10,000.00 plus $8.40 for each additional $1000.00 $25,001.00 to $50,000.00 $234.75 for the first $25,000.00 plus $6.06 for each additional $1000.00 $50,001.00 to $100,000.00 $386.25 for the first $50,000.00 plus $4.20 for each additional $1000.00 $100,001.00 to $500,000.00 $596.25 for the first $100,000.00 plus $3.36 for each additional $1000.00 $500,001.00 to $1,000,000.00 $1,940.25 for the first $500,000.00 plus $2.85 for each additional $1000.00 $1,000,001.00 and up $3,365.25 for the first $1,000,000.00 plus $1.89 for each additional $1000.00 Fee Table 3 - Construction or Improvement of a Residential Dwelling New Residential Construction Plan Review and Inspection Fee Square Footage (S.F.)Fee 0 - 1,500 S.F.$785.00 1,501 - 10,000 S.F.$785.00 for the first 1,500 S.F. plus $0.35 for each additional S.F. to and including 10,000 S.F. Over 10,000 S.F.$3,760.00 for the first 10,000 S.F. plus $0.15 for each additional S.F. over 10,000 S.F. 36 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 28 of 32 Plan Review Only Plan Review Fee Only Per Dwelling Unit, a new plan for previously reviewed plan or Master Plan $200.00 per Plan or per Address Plan review fee when a permit has been issued for the dwelling and the construction plans are altered such that an additional plan review is required (excludes new plan) $150.00 per Plan or per Address Alterations / Additions / Improvements for Residential Construction Trade Permits Fee Building, Mechanical, Electrical, Plumbing, Fuel Gas and similar $100.00 per trade Other project types not listed above $160.00 per trade Miscellaneous residential projects such as, but not limited to, Accessory Structures, Fences, Pools, etc. See Fee Table 2  All fees billed upon issuance of the permit by the jurisdiction Back-up inspections  Backup inspections will be performed during times of inspector absence due to illness, vacation or training at the listed rates. All other project activity will utilize the tables above. Single Family Residential Commercial and non-Single Family Residential $76.92 per address/building $125.00 per address/building/unit FIRE SERVICES Single Family Residential Fire Services Fire Code Plan Review Services $175.00 Fire Code Inspection Services $400.00 Fire Code Plan Review Services - Commercial and Multi-Family construction (Fire Alarm System & Fire Sprinkler System) Valuation Fee, Each System Less than $6,250 $200.00 $6,250 to $250,000 $300.00 $251,000 to $500,000 $425.00 $501,000 to $1,000,000 $550.00 $1,001,000 to $3,000,000 $800.00 $3,001,000 to $6,000,000 $1,200.00 $6,000,000 and up $1,200.00 plus $0.38 for each additional $1,000.00 Fire Code Inspection Services - Commercial and Multi-Family construction (Fire Alarm System & Fire Sprinkler System) Valuation Fee, Each System Less than $6,250 $300.00 $6,250 to $250,000 $425.00 37 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 29 of 32 $251,000 to $500,000 $525.00 $501,000 to $1,000,000 $675.00 $1,001,000 to $3,000,000 $950.00 $3,001,000 to $6,000,000 $1,425.00 $6,000,000 and up $1,425.00 plus $0.38 for each additional $1,000.00 Valuation is based on construction valuation for project Fire Underground Fire Code Plan Review (1 hour minimum)$100.00 per hour Fire Code Plan Inspection (1 hour minimum)$250.00 per hour Fire Extinguisher Suppression System Per permit, one Inspection $450.00 Each re-inspection $100.00 Fire Certificate of Occupancy Inspections Fire Certificate of Occupancy inspections  Minimum one hour per inspection $150.00 per hour Annual Fire Safety Inspections Day Care, Foster Home, Commercial Business (each inspection and re-inspection per location) $100.00 Nursing Home / Assisted Living / School (each inspection and re-inspection per location) $250.00 Underground / Aboveground Fuel Storage Tanks Fire Code Plan Review $350.00 Fire Code Inspection $450.00 Site Plan Fire Code Plan Review (2 hour minimum)$250.00 per hour Fire Code Plan Inspection (2 hour minimum)$250.00 per hour The construction valuation is determined by the greater of the declared valuation of the project or the valuation calculated using the International Code Council Building Valuation Data table, first update of each calendar year. Example: Square Foot Construction Costs Group (2018 International Building Code)IA IB IIA IIB IIIA IIIB IV VA VB B Business 200.26 192.96 186.54 177.38 161.90 155.84 170.40 142.43 136.08 The Square Foot Construction Cost does not include the price of the land on which the building is built. The Square Foot Construction Cost takes into account everything from foundation work to the roof structure and coverings but does not include the price of the land. The cost of the land does not affect the cost of related code enforcement activities and is not included in the Square Foot Construction Cost. New Building 38 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 30 of 32 Group B occupancy Type VB construction 10,000 square feet total building area Declared construction valuation $1,200,000. Calculated construction valuation - 10,000 square feet X $136.08 per square foot = $1,360,800. The calculated construction valuation is greater than the declared construction valuation so $1,360,800 is used to calculate the Bureau Veritas fee for the project. * Note: BVNA fees do not include any taxes, licensing or other fees imposed by governmental or outside agencies. HEALTH SERVICES PER INSPECTION ONLY: Food Service Inspections - Per each inspection •Permanent Food Establishment Inspection •Mobile Food Vendor (Hot and Cold Truck) Inspection •Seasonal Vendor Inspection •Public Swimming Pool Inspection 1 - 150 per year - $150.00 Each after 150 - $125.00 Temporary Event Inspection - Per each vendor permit (up to 5 permits per event) $100.00 (6 or more permits per event)$150.00 per hour  Minimum two hours Complaint Investigation - Per each complaint $150.00 Consultation outside of the aforementioned scope of services: Health Plan review, Health Final and CO inspections and/or for each re-inspection.  Minimum one hour $150.00 per hour PUBLIC WORKS SERVICES Public Works Inspection Only 2.5% of the cost of construction Public Works Plan Review & Inspection 3.0% of the cost of construction Temporary Back Up Inspection $150/hour, minimum 4 hours. PLANNING AND MAPPING SERVICES Fixed Fees (Based on estimated population in $/1,000 people, minimum 5,000 people) Comprehensive Planning and Mapping Item Elements Cost / 100 people Min. Hours 1 Base Planning a. Base Map* b. Land Use c. Population d. Housing+D45 $2,000 67 2 Parks & Recreation $750 25 3 Thoroughfare Plan $750 25 4 Central Business District Planning $1,250 42 5 Zoning Ordinance (fixed fee) $6,500 43 39 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 31 of 32 6 Subdivision Ordinance (fixed fee) $6,500 43 7 Streets Condition Study $700 23 8 Water Study Distribution and Supply $1,000 33 9 Wastewater Collection and Treatment $1,000 33 10 Capital Improvement Plan $300 10 11 Digital Map preparation*$1,000 33 12 Citizen Participation $1,250 42 As a minimum Item 1 and 12 must be included in any study except Item 11 which is a standalone element * Assume easy access to documents - additional research listed under additional services Hourly Fees Available Planning Services Element Cost Site Plan Review $150 per hour (1 hour minimum) Site Plan Preparation $150 per hour (1 hour minimum) Zoning Application Review $150 per hour (1 hour minimum) SUP Application Review $150 per hour (1 hour minimum) Zoning Board of Adjustment Application Review $150 per hour (1 hour minimum) Sign Application Review $150 per hour (1 hour minimum) Zoning Case Ordinance Preparation $150 per hour (1 hour minimum) Plat Review - Planning Perspective $150 per hour (1 hour minimum) Public Hearing Notice map and ownership list (City Mails)$150 per hour (1 hour minimum) Zoning Map Updates $150 per hour (1 hour minimum) 911 Address mapping (First Time) $1,000 per person Min. 33 hours 911 Address mapping updates $150 per hour (1 hour minimum) City Council/Planning and Zoning Meeting $225 per hour (1 hour minimum) Contract Planning Director $175 per hour (1 hour minimum) Contract Planner $150 per hour (1 hour minimum) Contract work for Developer interests $150 per hour (1 hour minimum) Easement Acquisition Negotiator $150 per hour (1 hour minimum) Additional Services $150 per hour (1 hour minimum) * Assume easy access to documents - additional research listed under additional services Reimbursable Expenses ($150 per hour) Reimbursable expenses shall include, but not be limited to, the following: Mileage (Per current IRS rate) Domestic Travel Per Diem (Per current GSA rate plus lodging) Other Direct Project Expenses (at cost plus 15%) including: • Printing, graphics, photography and reproduction • Special shipping 40 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 32 of 32 ADA SERVICES Grand Total for Phase 1 Scope of Work Phase 2 Details Number of Hours Rate per Hour Sub-total 1A – ADA Coordinator & Liaisons Selection & Training 40 $150.00 $6,000.00 1B – ADA Notice Development & Distribution 40 $150.00 $6,000.00 1C – ADA Grievance Procedure Development & Distribution 40 $150.00 $6,000.00 1D – ADA Training of City Staff of Public Facing Depts.56 $150.00 $8,400.00 Grand Total:176 (1.5 wks)$26,400.00 Grand Total for Phase 2 Scope of Work Phase 2 Details Number of Hours Rate per Hour Sub-total 2A – ADA Self-evaluation 576 $150.00 $86,400.00 2B – ADA Transition Plan 96 $150.00 $14,400.00 2C – Public Participation, Outreach, and City Staff Training 40 $150.00 $6,000.00 2D – Meetings, Presentation to Council, and Documentation 168 $150.00 $25,200.00 Grand Total:880 (5.5 mos.) $132,000.00 Note that any additional services above and beyond the scope of work noted above will incur additional fees which BV can review and provide cost estimates to accommodate the City. HYGIENE SAFETY EXCELLENCE Service(s)Related Protocol(s) Fee(s) Consulting – Hygiene Safety Excellence Protocol (Guide) Client Specific (One-time fee) $1,250 per man day eLearning platform and sector specific modules Client Specific $15 per user, plus •One-time setup cost $500 •Optional custom portal per unique module / department function ($2,000) Physical Audit Client Specific $1,450 estimate per Facility* Surface Testing (optional)**Client Specific Pricing available for review Certification Client Specific $195 estimate per Facility *The fee for a larger-sized building may be a higher fee than the estimated Fee shown in the Table. BVNA will propose a fee per facility. **BVNA recommends 10 surface tests per property of random surfaces of service counters, etc. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 1 Town of Trophy Club Town Council Regular Session Minutes Tuesday, August 9, 2022; 7PM The Trophy Club Town Council met in a Regular Meeting on Tuesday, August 9, 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 Dennis Sheridan Council Member, Place 3 Karl Monger Council Member, Place 4 (participated remotely) LuAnne Oldham Council Member, Place 5 Steve Flynn Council Member, Place 6 STAFF PRESENT: Wade Carroll Town Manager David Dodd Town Attorney Jason Wise Fire Chief Tony Jaramillo Director of Parks and Recreation Jill Lind Marketing and Communications Director Anita Otterson Town Secretary Patrick Arata Police Chief Mike Erwin Finance Director Matt Cox Community Development Director 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. INVOCATION led by Pastor Joel Quile, Bara Church PLEDGES led by Council Member Flynn Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. PUBLIC COMMENTS 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 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 they may email mayorandcouncil@trophyclub.org. Chris Olson, 340 Inverness Dr, Mr. Olson stated that he values technological advancements, and even though he didn’t receive the 2021 Town Survey, he does understand that the majority of residents requested these types of advancements, and he agrees. What he doesn’t agree with is this Council only doing half their homework. He noted that Council Member Flynn has only been in his seat for a short period of time, so he understands that he may not have had much to do with the conversations that went on with the One Source provider. He stated the choice of provider is absolutely awful; they have extremely poor reviews for both service and support, as well as their contractor, Hunt Communications. They have turned this town into both looking and feeling like a third-world country. He’s not in a business where he works with or selects contractors, but he feels that questions about One 66 2 Source contractors should have been heavily looked into. It’s not just “let’s get the best deal”, it’s also how the job gets performed. He listed items that he has seen as well as items that were provided to him; dead trees around town, driveways jack-hammered and not repaired, craters in yards, a ditch witch left in neighbor’s yards overnight, cut AT&T internet cables that were covered up by Hunt Contractors in hopes that they wouldn’t be located (per AT&T), which, for him, meant several days of lost business. He’s been told that there was another issue today with AT&T lines that were cut, he believes that it was due to Hunt Communications, again. He doesn’t have the facts, but he is just pointing that out. And mounds of dirt that still sit at the ends of driveways. He commented about a social media post made by “the gentleman in the second seat” (Jeff Beach), that was made to an “older community member”. He stated that he watched the June 28, 2022, Town Council Meeting, and he said that it was in his opinion painful for each one of you (Council members) to ask questions that fellow residents pleaded for you to ask as their properties were being destroyed. These are all questions that you should have asked One Source prior to the project even beginning. This Council has proven time and time again, in his opinion, that it doesn’t have the residents’ best interest in hand nor does it even care. Next year’s election can’t come soon enough. ANNOUNCEMENTS AND REPORTS 1. A report on traffic mitigation efforts (W. Carroll) Town Manager Wade Carroll stated that he wanted to give an update on the traffic mitigation items that the Town, Council and Mayor have been involved in. He wanted to give everyone full knowledge of what we have been working on. He stated that traffic mitigation takes time to deal with because there are a lot of different causes. Trophy Club is dealing with redistricting within NISD with over 500 more students added to Trophy Club schools. The construction on 377 added several stoplights on that stretch of road which has increased cut- through traffic significantly. The current bridge construction on SH114 is also adding cut-through traffic through Trophy Club. And, lastly, the population of Trophy Club is up to 13,688. So just the additional people living here is adding to the traffic. In 2018, we saw additional traffic as a trend, mainly at the beginning and closing of school time. So, Council asked for a traffic study to be completed in 2018. It was actually a traffic signal study for the use of signals at three specific intersections: Bobcat and Trophy Club Dr, Durango and Trophy Club Dr, and Bobcat and Parkview. The study revealed that there was adequate traffic for 4 hours per day, 2 hours in the morning and 2 hours in the afternoon, that did justify putting in a traffic light at those intersections. The Council at the time decided not to take action, that the problem just wasn’t bad enough yet. And, the truth was that nobody wanted to put a signal light in Trophy Club. The project was shelved for a later date, and they wanted to monitor those intersections to see what future growth did to the traffic. Four years later, and the traffic is obviously worse than it was in 2018. One improvement that was decided by that Council was to add a turn lane at Durango and Trophy Club Dr. It was added in 2019, and there has been a great reduction of back-ups at that intersection. Recently, Mayor Fleury and Mr. Carroll met with the previous School Superintendent, Dr. Warren as well as the new Superintendent, Dr. David Hicks, and they talked about lengthening the start times between the Middle school and High school. Currently, there is only 10 minutes between the start times of the Middle school and High school. That puts a lot of drivers on the road at the exact same time. The thought was even if we get an additional 5-10 minutes, that will reduce some of the traffic volume that’s on the road. They also discussed increasing the number of students that can ride on buses. Both of these suggestions have been successful. Today, he received a report from Assistant Superintendent, Tim McClure, who said they are taking a look at start times for next year. They want to include everyone in this decision including parents, teachers, school staff, and Council before they make a decision. A step that we did see that is positive, is they have reduced the mileage that you have to live from the school to be eligible to ride on the school bus. This would be for Medlin Middle School and Byron Nelson High School. It used to be you had to live 2 miles from school to ride the bus, they’ve reduced that to 1.5 miles. It doesn’t sound like much, but just for those two schools, it increases the number of students by 600 that are able to ride the 67 3 bus. The new Superintendent has really done a good job of working with the cities. He understands that there are traffic issues, and he understands that they are a part of the problem and they are trying to help us. We have also found two grants. The first grant that we have applied for is through Denton County. The Mayor and Mr. Carroll met with our County representative, Diane Edmondson, and she has allowed us to submit paperwork to be included in the Denton County bond election in November. The last time the County went out for bond was in 2008. It was for $500 million for roads, bridges, buildings, and technology. This time they are just doing roads and bridges and they’re doing projects that they can partner with municipalities and the State. They are going to be concentrating on feeder roads and major traffic issues and they want the Towns to take a major role in these projects. We have been approved to be part of the bond process for a grant of 50% of construction costs up to $3.3 million for the mitigation of traffic issues here. We came up with $3.3 million after several talks with our engineering firm, TNP and looking at the different things that have been done in the past; past traffic studies, looking at the success of our round-about behind Tom Thumb and the success of roundabouts in other neighboring towns. We decided that the most expensive route is the roundabout, so let’s put in for those projects and hopefully we get chosen for the grant and if there’s a project that’s less expensive then we will have that money set aside to do those projects as well. We will see in November, if the bond election passes, then we will be allowed to have up to $3.3 million to work on traffic studies here. The other grant that we’re looking at is through the Safe Streets for All program and it’s an 80/20 split on the remainder and it can be used in conjunction with the bond funds, if awarded. So, if roundabouts are the solution and the bond package passes and we get $3.3 million and we get the grant on the federal level, which there are no guarantees, that will put our costs on 3 roundabouts at about $650,000. We’re very excited, we’re working very hard at getting these grants in place. There’s a traffic mitigation plan that we have to put together, both chiefs are working on some things to be able to apply for the grant by September 15th. The other thing that Mayor and Council did was to allow Mr. Carroll to increase the pay for crossing guards. Our crossing guards have a different job than those in other cities. Our Police Department has taught them how to do traffic control. So, they don’t just walk kids across a street, they’re actually guiding traffic. With that additional responsibility, we needed to get their pay up. We’re also having a hard time finding crossing guards. We have been able to increase their pay and also their hours, they will be used at events like 4th of July, in hopes that we can retain good crossing guards. If the roundabouts are selected for the areas that need them the most, we will have to acquire a little bit of land to have enough room for the traffic circles in those areas. Mr. Carroll has been working with the Church of Jesus Christ of Latter-day Saints and NISD about the possible acquisition of any property that we would need. We’re trying to cover all our bases and get the groundwork done, to keep us from having any snags. Kevin O’Dell and his team have already restriped all of the crosswalks near schools and they’re working their way out. There’s a heavy push for more crossing guards. Jill Lind has been in contact with the schools to get the word out that we need more. And the traffic mitigation project has been approved for the Denton County Bond. We feel like we’re in a good place. The next steps are increased participation in the Bond Election. We need to help the County with advertising and getting citizens out to vote on the bond election in November. We need to update the 2018 traffic study. So we’re sending that back to TNP; they’re going to give us a reduced price to update the 2018 study and to add another intersection to the study. We’ll be doing traffic counts at various intersections and determining what is the best solution for each area. We’ll be applying for grants, increasing crossing guards, and eventually bringing solutions to council for approval. Mr. Carroll provided information on roundabouts. He stated that studies have shown an increased safety with round-about, especially near schools. The biggest advantage of a round-about versus a signal light is a round- about causes you to decrease your speed in order to navigate the circle. It forces drivers to lower speeds to 15-20 miles per hour, the same as a school zone. Any vehicle versus pedestrian, bicycle or motorcycle incident, at those speeds exponentially decreases the likelihood of death at those speeds. Whereas, signal lights, oftentimes you’re speeding up to make the green, you’re speeding up even more to make the yellow, or you’re 68 4 just not paying attention and you’re hitting the red at 30 mph (if you’re going the speed limit). So pedestrian vs vehicle accident at a signal light results in far greater injuries or death. We’re being pulled in the direction of roundabouts right now, but we’ll let TNP complete their study before we can make any suggestions to Council about the best solutions for Trophy Club. Council Member Flynn questioned the staggered school times for next year. Mr. Carroll clarified that it would be for September 2023 school year. Council Member Sheridan asked about the difference in costs for the traffic lights. Mr. Carroll said it’s about $400,000 an intersection. CM Sheridan asked what the average life expectancy was. Mr. Carroll stated that he didn’t know the answer to that question. CM Sheridan thought it was about 10-15 years and he thought that was a lot of money for a 10-15 year solution. Mayor Fleury thanked Mr. Carroll for all of the work that he has done. She knows that he has been working with the Church for months and NISD, and for the work he has done getting us into the bond package. She also noted that we have been making a push to hire crossing guards and they have a hard job with the traffic control portion of their job. Hopefully, the traffic mitigation solutions will help ease their job, as well. She questioned if we could change the crosswalk lights from yellow to red. Mr. Carroll said he discussed that with Police Chief Arata, and we aren’t able to do that, they are amber per state law. Council Member Oldham said that she appreciated the mention of the traffic issues on Roseville Dr. She said traffic lines up on that street to pick up kids from the high school and it’s a struggle to get out of that neighborhood. She’s very encouraged that we’re getting an updated traffic study and we can spend some time looking at that and seeing how the traffic circles will help, also. 2.Announcement of upcoming Boards and Commissions application period and impending interviews and appointments (W. Carroll). Mr. Carroll stated that we wanted to announce over the next two months we’ll be taking applications for Boards and Commission members. We have some open seats on several of the Boards where they have termed out, so we’re just looking to replace those positions. Anyone can apply through the Town Secretary’s Office. Mayor Fleury said that Council encourages everyone to apply if they want to step up and serve; it’s a great way to get started and be a part of the change that you want to see. CONSENT AGENDA 3. Consider and take appropriate action regarding the Third Quarter Investment Report for Fiscal Year 2022 (W. Carroll). 4. Consider and take appropriate action regarding the signing of the engagement letter for auditing services for the Fiscal Year 2022 and authorizing the Mayor or her designee to execute all necessary documents (M. Erwin) Mayor Pro Tem Lamont made a motion to approve consent agenda items 3 and 4. The motion was seconded by Council Member Beach. The motion passed unanimously. INDIVIDUAL ITEMS 5.Receive a presentation from Town Staff regarding the Fiscal Year 2023 Proposed Budget and take action to set a budget hearing date (M. Erwin). 69 5 Finance Director Mike Erwin stated that the FY2023 Budget is really a publication of a lot of effort. It goes all the way back to the citizen survey to continue to provide us guidance. We met in January for the Council Retreat and at that point Council gave us more specific guidance on how to build this budget. We took the survey, Council guidance and also meeting with the budget committee, and that’s how we were able to come up with the budget. Some of the highlights include: •We’re proposing to decrease the property tax rate a penny from 0.445 to 0.435. •We’re looking at improving customer service levels especially in our special revenue fund. With additional revenue that has come in, we were able to increase areas that funds our small projects on streets, drainage and we were also able to bump some into parks to keep the town’s parks looking well. •We’re adding two public safety officers, one for Police and one for Fire. The Fire Department has applied for the SAFER Grant, but we haven’t heard the outcome yet. The SAFER Grant has not been included in this budget. The funding for fire and police officers is coming strictly from the general fund. •As discussed in January, there will be a 5% increase for the staff to help us recruit and retain our employees. Mr. Erwin also discussed the proposed tax rate. He stated that the proposed rate of $0.435 is higher than the No- new-revenue rate of $0.40858 and less than the Voter approval rate of $0.446677. We should see an increase in property tax revenue of $689,014. So, the proposed budget will provide us with the funding that we need while also allowing us to drop the tax rate. General Fund Revenues are calculated to be $13,292,134 which is an increase of $813,745 or 6.5%. The increase will come from the increase in property tax and sales tax. General Fund expenditures are calculated to be $12,829,688. This is an increase of $653,786 or 5.4%. The increase is due to two new public safety officers, one for police and one for fire, increases in software and support and increased health insurance costs. Council Member Flynn thanked Mr. Erwin for spending time with each council member to review the budget and answer any questions that they had. Council Member Flynn asked if the reserve was projected at 46% and if the target was 30-40%. Mr. Erwin stated that the Town’s ordinances say 30%, but a Finance Director’s comfort level is probably at 40%. He stated that with the reduction in property tax rate and the planned additional public safety employees, we’re still able to stay 5 years from now, somewhere within the 37-40% fund balance. Mayor Pro Tem Lamont made a motion to set the budget hearing for Tuesday, August 23, 2022. The motion was seconded by Council Member Flynn. Council Member Sheridan asked about the addition of a police officer, had we thought about additional SROs after the incident in Uvalde. He said he knows that we have a Resource Officer in the High School and Middle School, but he’s been asked if we were going to put an SRO in the elementary schools. He just wanted to make sure that the elementary schools weren’t being ignored. Town Manager Carroll said that he has talked to NISD about the SRO program since they fund the program; the Town does not fund the program. The School District has decided that their funds are better spent on the security aspect and keeping people from ever getting into the buildings, rather than putting somebody in the school to hopefully respond correctly to an incident. He said that is their decision and the Town is supporting that decision. The motion was approved unanimously. 6.Consider and take appropriate action regarding a record vote on a not-to-exceed Fiscal Year 2023 Ad Valorem Tax Rate and to schedule a public hearing to meet Truth in Taxation requirements as required by the Charter and related matters (M. Erwin). 70 6 Mr. Erwin stated that it was time for Council to a record vote to establish a not-to-exceed tax rate. The recommendation and what we built the budget on is 0.435. Mayor Pro Tem Lamont made a motion to set the not-to-exceed rate for the Fiscal Year 2023 Ad Valorem Tax Rate of $0.435 per $100 of valuation. The No-new-revenue rate for FY 2023 will be $0.408580 per $100 of valuation and the voter approval rate will be $0.446677 per $100 of valuation and setting the public hearing date for the Tax rate Ordinance for Tuesday, September 13, 2022. A roll call vote was taken: Mayor Fleury Yes Mayor Pro Tem Lamont Yes Council Member Sheridan Yes Council Member Beach Yes Council Member Monger Yes Council Member Oldham Yes Council Member Flynn Yes Mayor Fleury thanked Mr. Erwin for all his work; She knows that budget is a really big task and she appreciates all the time and effort that he put into it. Mr. Erwin thanked his team – Ernest Gillespie, Samantha Steed, and most importantly April Duvall. 7.Resolution 2022-08 disapproving of the Denton Central Appraisal District 2023 budget (W. Carroll). Mr. Carroll stated that we received an email earlier this week from the Denton County Judges Office asking Council to consider the budget that was put together by the Denton Central Appraisal District (DCAD). Trophy Club gets the opportunity to vote on their budget. There was a 17% increase in their budget this year and there is some concern in some of the increase in the budget. The Denton County Judges’ Office recommends that Council consider denying this proposed budget. If the budget is denied, they have 30 days to pass a second budget. He has talked to the Judge’s Office today and they have assured that whatever budget passes, we will get the same services that we received last year. Mayor Fleury read the Resolution. Mayor Pro Tem Lamont made a motion regarding Resolution 2022-08 in disapproving the Denton Central Appraisal District FY23 budget. The motion was seconded by Council Member Beach. Council Member Flynn said that he was not only concerned about the 17% increase, but also the tone of the letter and the management of the whole operation. It was pretty clear that there are some issues. Council Member Sheridan stated that DCAD has given everybody in this town some issues to talk about. They encourage everybody to protest their appraisal, but they are unable to handle the protests. Training and staffing (problems) have been going on for years, it’s not something new. He said he has been assured that there are no ramifications to Trophy Club because they have 30 days to correct and issue a new budget. He would also like Council and staff to be aware that as Denton County grows significantly these increases are going to happen for the next several years. Trophy Club is already built out, so all of these increases don’t affect us under the current way of paying for it, even though our increased growth is not going to be there. The motion passed unanimously. 8.Review Future Agenda Items list (W. Carroll). Mr. Carroll said there was very little completed on the Future Agenda Items as we close out the budget cycle. But he would accept any items that Council wanted to add for future agenda discussion. 71 7 Council Member Beach said that he would like to get a cost for adding flashing lights at the crosswalk at the round- about by Tom Thumb. Mayor Fleury also suggested that we move the school zone closer to the round-about leaving the round-about and headed south on Trophy Club Drive. EXECUTIVE SESSION 9. 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 551.074 Personnel Matters – deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee; 1. Town Attorney 2. Boards and Commissions Open Positions Mayor Fleury announced that Council was going into executive session at 7:54 PM. RECONVENE INTO REGULAR SESSION Mayor Fleury reconvened the meeting into Regular Session at 9:19 PM. ADJOURN Mayor Fleury adjourned the meeting at 9:19 pm. _______________________________________ Alicia L. Fleury, Mayor Attest: ___________________________________ Anita Otterson, Town Secretary 72 1 Town of Trophy Club Town Council Regular Session Minutes Tuesday, August 23, 2022; 7PM The Trophy Club Town Council met in a Regular Meeting on Tuesday, August 23, 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 Dennis Sheridan Council Member, Place 3 Karl Monger Council Member, Place 4 (participated via video conference) LuAnne Oldham Council Member, Place 5 Steve Flynn Council Member, Place 6 STAFF PRESENT: Wade Carroll Town Manager David Dodd Town Attorney Jason Wise Fire Chief Bobby Tillman Police Captain Jon Ciarletta Police Lieutenant Tony Jaramillo Director of Parks and Recreation Jill Lind Marketing and Communications Director Anita Otterson Acting Town Secretary Matt Cox Community Development Director 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 participated remotely. INVOCATION led by Pastor Barry Clingan, The Church of Trophy Lakes PLEDGES led by Mayor Pro Tem Lamont Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. PUBLIC COMMENTS Kathy Palmer, 40 Cypress Court, discussed the neighborhood of Hogans Glen, and the public waterways and ponds are continuing to be impacted, eroded, and flooded by water, dirt, and silt. Ms. Palmer stated that the situation has severely impacted the property values of the homes in her neighborhood. She says it is heartbreaking to see the loss of wildlife due to water conditions and the continued increase of mosquitos. Ms. Palmer stated that no one can argue that the construction of PD30 caused water to come across town-owned roads and into our ponds causing our neighborhood to suffer tremendously and have costly damage. Ms. Palmer is asking the town to use public dollars to restore the neighborhood of Hogans Glen back to its original state prior to construction. The residents of Hogans Glen are willing to work hand in hand with the town to bring this to a close as they have endured enough. She thanked the council for their time, and she looks forward to hearing from them as to the next steps to bring this to a happy ending. 73 2 David Darling, 124 Park Lane, President of the Lakes of Trophy Club HOA discussed the rebuilding of the perimeter wall along Trophy Club Dr., Village Trail, and Durango. Mr. Darling explained the highs and lows of the construction process, which in turn opened his eyes to the daily struggles the town faces. Mr. Darling attended the meeting to express his gratitude on behalf of the Lakes of Trophy Club to the town and Wade and Town Council for all their help and for the job that is done every day. Mr. Darling also suggested to other residents to volunteer and get involved to gain some perspective on what goes into running our town. Mr. Darling again expressed his gratitude to Council and Wade from the HOA Board. ANNOUNCEMENTS AND REPORTS 1. American Heart Association Mission Lifeline: Gold Plus Award awarded to the Trophy Club Fire Department (J. Wise). Chief Wise recognized our fire department personnel for their achievements in the design and management of the new ambulance project started by Chief Taylor and Chief Cochran. They assembled a team of firefighters to design and manage this project over the past year. Our new ambulance has been delivered and we are mission ready. The workspace in the new ambulance, 2021 Ford F550 XLT, is high quality and well-lit. We have full access to the patient and it was built with paramedic safety in mind. The technology includes a PowerPro XT Stretcher (ability to lift 700 lbs.), a chest compression device, automatic chains for severe weather, improved AC unit. Chief Wise would like to recognize the design team; Chief Taylor and Chief Cochran for getting the project started, project managers- Firefighters Steve Rusk, Eric Sampson, Captain Shane Beck, Captain Hurd, and Tracy Knierim. On behalf of the Trophy Club Fire Department, we would like to express our gratitude for the tremendous support from our Mayor and Council, administrative staff, and the entire community with this project. That level of support demonstrates the commitment to public safety and the health and well-being of our citizens. Chief Wise introduced Dr. Rob Hancock, Medical Director for the Trophy Club Fire Department, and a long-time resident. Dr. Hancock stated that the Mission Lifeline Award was created to recognize EMS Agencies who perform at a very high level in the treatment of ST-Elevation Myocardial Infarction, A heart attack with a completely blocked coronary artery. The goal is to recognize it and get the patient to a facility where there is a Cardiac Catheterization lab, as quickly as possible. Criteria include: 1. Quickly recognize someone that is at risk for this condition. 2. Perform a 12-Lead EKG within 10 minutes. 3. Communicate the condition to the facility. The national standard for EMS and this award is within 90 minutes from the first patient contact by EMS to deploying the device to open the blood vessel. Currently, our times tend to be well under 30 minutes. We have had as low as 25 minutes. Our EMS has excelled at this procedure and the award is the highest level you can receive. Captain Shane Beck reiterated that the Council’s foresight, budget considerations, and wisdom allowed us to bring this into our community and it’s greatly appreciated. Mayor Fleury started a round of applause. She also agreed that our EMS team are overachievers. Mayor Fleury went on to congratulate and thank our fire fighters and Dr. Hancock for being with us. We appreciate everything you do and keeping our community safe. The Mission Lifeline Award was then presented to the fire department. 2. Update on the Indian Creek Project (M. Cox). Community Development Director Matt Cox stated that on February 28, 2022, we signed a contract with Canary and started the Indian Creek Project. They had a completion date of August 7th and a final acceptance date of September 6th. Since then, they have requested two extensions. The first was August 26th and second was September 23rd. The project is about 90% complete at this point. What’s lacking is the headwall between 20 and 22 Fair Green, which 74 3 empties into the golf course. They have two more pours, weather permitting. One issue is obtaining materials due to concrete shortages. After the last two pours, they have the gabions, which are large rocks placed at the bottom to help dissipate the water as it goes on the golf course. The remaining work includes a few mailboxes and sod, fence work, sprinklers, and landscaping for four homes. Canary was also delayed due to Oncor pushing the starting location to another point in the project. Unfortunately, 20 and 22 Fair Green had a long, drawn-out process due to Oncor not allowing Canary to start at that location and complete the project on time. Council Member Flynn requested more information regarding the Oncor situation and asked if there was anything learned from that situation? Mr. Cox explained that the emails with Oncor started November last year to inform Oncor about this project and its start date of February. One issue was Oncor marked a power line four feet off from where it should have been. Canary was relying on Oncor so that they would know where to work. Council Member Flynn stated that it was hard to get answers from Oncor. Philip Varughese with Teague, Nall and Perkins, Inc., added that they begin coordinating with franchise utilities beginning in the design phase of a project. The first email to Oncor was in March 2021 but TNP did not receive a response. They called for a meeting and met on site. Once Oncor marked the lines and advised that the lines were de-energized, they started digging and discovered the lines were still hot. Oncor created delay after delay. Town Manager Carroll updated council on his calls with Oncor. Oncor explained that with the new neighborhoods going in and the number of people moving into this area, which is unprecedented, they don’t have enough staff to get the work done. 3. “Patriot Day Remembrance” ceremony on September 11, 2022 (J. Wise). Chief Wise informed us that Patriot Day is approaching, and the Town of Trophy Club is holding a ceremony to honor the victims and remember the heroes of 9/11 at the Trophy Club Fire Station, September 11, 2022. He invited the entire community to attend the ceremony, starting at 8:30 am, at 295 Trophy Club Drive. Director Lind has posted the information on our website and social media. He stated that September 11th falls on a Sunday this year and it may create some challenges for some, however, we felt that honoring the victims of 9/11 at the time of the event and lowering our flags to half staff is appropriate and respectful. Joining us for the ceremony will be the Trophy Club Police Department, Roanoke Fire Department, Honor Guard and personnel, Westlake Fire Department, Pastor Joel Quile, our administrative staff, members of council, and Mayor Fleury. Everyone is welcome. If you have questions or have special needs, please contact the fire department and we will help you. 4. Announcement of our Volunteer Reception (W. Carroll). Town Manager Wade Carroll stated that on September 15th from 6:00 – 9:00 pm, we will have our Volunteer Reception at the Holiday Inn, here in Trophy Club. This year there will be a golf theme, we are providing food for our volunteers that serve with us every day in Trophy Club. It will be the type of foods you see at the 19th hole, like burgers, chicken sandwiches and fries. We will also honor those guests, our volunteers, with some fun and fellowship. Invitations go out this week to our Boards and Commissions Members. Council has already received their invitations. Anyone from the TCEVA and our Parks volunteers as well will be receiving their invitations. If you are a volunteer and did not receive an invitation by Friday, please call Wade Carroll to get added to the list. We don’t want to miss any of our volunteers. Our volunteers do great work for us on a day-to-day basis and they save this town a lot of money with all the man hours that go into volunteer work. Without them, we would be spending $400,000 - $500,000 more dollars a year and having to hire more people to do all this work. Volunteers are a blessing for us in 75 4 Trophy Club and we want to show them that. So again, our Volunteer Reception is September 15th, 6:00 – 9:00 pm at the Holiday Inn in Trophy Club. PROCLAMATIONS 5. Issue Proclamation 2022-12 proclaiming September 11, 2022, as “Patriot Day” in Trophy Club (Mayor Fleury). Mayor Fleury read the Proclamation. Mayor Fleury made a motion to accept Proclamation 2022-12. The motion was seconded by Council Member Beach. The motion passed unanimously. Mayor Fleury presented the Proclamation to Chief Jason Wise of the Trophy Club Fire Department. Mayor Fleury stated that she knows it’s been a while since this happened and a lot of our kids don’t know or remember it but she thinks it’s important to remember what happened that day and everything afterward. She encouraged everyone to join us on 9/11 at the fire station to honor all the victims of 9/11. 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 2022- 2023; 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 Zero-based 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). Mayor Pro Tem Lamont moved to approve the Consent Agenda consisting of Items 6, 7, 8, 9, and 10. Council Member Oldham seconded the motion. The motion carried unanimously. PUBLIC HEARING(S) 11. Conduct a Public Hearing regarding the proposed Fiscal Year 2022-2023 Budget pursuant to Section 9.05 of the Town Charter and Local Government Code 102.006 (W. Carroll). Town Manager Carroll discussed the Fiscal Year 2022-2023 budget. He highlighted the main areas of the budget and stated that this is the first time in Trophy Club history that we have been able to present to council a fully balanced budget where our revenues equal our expenditures, including our capital replacement plan for vehicles and large capital items. In the past, we have had to go into the general fund for those items, and then we rebuilt the general fund each additional year. This is our first step to a long-standing budget as we realize we are getting closer to build out. We have about 90 homesites left and about 9 acres of commercial property left so the amount of tax dollars that we have coming in is beginning to plateau. We felt like it was very important that this year we present a balanced budget that we can sustain into the future. We are very proud of that fact and that we can also provide an increase in service levels by providing one new firefighter and one new police officer that’s within this budget. The fire 76 5 department has applied for the Safer Grant which will allow us to hire 3 firefighters paid for by the grant itself for a three-year period, 100%. That covers 100% of their gear, salary, benefits, and everything they would need to be on the job for a year, minus food, of course. They pay for the food themselves. At the end of the three-year period, we will be responsible for the salaries. Rather than wait and be hit for three personnel at the end of the three years we are adding one firefighter each year to the budget. At the end of the three years, we are only adding one firefighter to the budget instead of using the entire 3% increase we are allowed from new revenue of the tax dollars. This is a plan to help sustain us over the next 3-5 years. We have also been able to include a 5% performance-based increase for employees. Depending on their evaluation, they can get up to a 5% increase in their salary. We feel it’s important to let our employees know that they are important, that they are paid appropriately, and with the inflation going on around us, we felt it was the least we could do. We wanted to make sure we were taking care of our staff. Lastly, with the urging of council, we have decreased the tax rate as well. We have provided all this and decreased the tax rate by 1 cent in tax rate, which will bring our tax rate to $0.435 per hundred-dollar valuation. For more information about our budget, we have set up a brand-new transparency page for the budget, thank you Jill Lind. If you go to our main page, trophyclub.org, at the top of the page there are two different banners that will take you to our budget details or you can see the budget planning and state law questions that govern our budget and how the budget process works for towns and cities. We are very proud to have that out there this year so thank you to Mike Erwin, who just left us, he did a great job of putting this budget together. This is the budget as it has been presented to council. If council or the public need information or have questions, then we are more than willing to answer any questions they may have. Mayor Fleury declared the Public Hearing open at 7:41 pm. There were no other speakers signed up for the Public Hearing. Mayor Fleury closed the Public Hearing at 7:42 pm. INDIVIDUAL ITEMS 12. Take appropriate action to approve Ordinance 2022-25 adopting the Town of Trophy Club Fiscal Year 2022- 2023 Budget (W. Carroll). Mayor Pro Tem Lamont moved to approve Ordinance 2022-25 adopting the Town of Trophy Club Fiscal Year 2022- 2023 Budget beginning October 1, 2022 and ending September 30, 2023. Council Member Flynn seconded the motion. Council Member Sheridan thanked Wade and staff for the transparency of the budget and asked for the number of social media hits the town has received regarding the budget. Mayor Fleury requested a roll call vote. A Roll Call Vote was taken: Councilman Flynn – aye, Councilwoman Oldham – aye, Councilman Monger – Yes, Mayor Fleury – aye, Mayor Pro Tem Lamont – aye, Councilman Beach – aye, Councilman Sheridan – aye. The motion passed unanimously. 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). Town Manager Carroll discussed the Public Improvement District Assessment Plan. The service and assessment plan for FY23, outlines the annual payment each property type covers for water, sewer, the implementation of roads, everything in the PID, that was established when everything originally built. Citizens have an option; they 77 6 can pay an annual assessment fee for that infrastructure, or they can opt to make a one-time payment. This PID assessment outlines what type of property you own by square footage and what that PID assessment would be. We are asking Council for the approval of the PID assessment as before you in the packet. Mayor Pro Tem Lamont moved to approve Ordinance 2022-26 for 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. Council Member Oldham seconded the motion. The motion carried unanimously. 14. Discuss and take appropriate action regarding an Ordinance approving the Atmos Mid-Tex 2022 settlement (W. Carroll). Town Manager Carroll discussed the Atmos Mid-Tex 2022 settlement. Atmos is considered a monopoly by the state of Texas. In order to afford them to increase their rates, state law requires them to track their expenditures for a year then bring that forward to the cities they serve as a possible rate adjustment for the following year. In 2021, Atmos tracked their rates for that calendar year and brought that forward to cities with a possible $141,000,000 increase across all the cities they provide. The cities involved hired an attorney who represents all the cities to negotiate that settlement and it was negotiated down to $115,000,000 increase. That increase is in the ordinance that sits before you. That $115,000,000 across the entirety of the areas that Atmos serves in the state of Texas represents about a $4.60 increase which is about a 6.7% increase to the current rates. Council Member Flynn asked how often they can increase rates. Town Manager Carroll explained that they must track it for a year so it would be two years before they could do this again. Council Member Beach asked about the consequences of denying the ordinance. Town Attorney Dodd explained that it would go back to the public utility commission, or we could be on our own if the other cities accept it. It would remove us from the settlement Atmos would be back at their high number and starting over with the process. Mayor Pro Tem Lamont moved to approve Ordinance 2022-27 approving the Atmos Mid-Tex 2022 settlement. Councilman Beach seconded the motion. The motion carried unanimously. 15. Review Future Agenda Items List (W. Carroll). Town Manager Carroll discussed the future agenda items list. The public art committee is scheduled to meet with Halff and Associates on September 8th. We are going to get further input from the Public Arts Committee for the design and then review some of the design ideas that Halff is bringing to the table. Tomorrow, Town Manager Carroll is meeting with the hoteliers to discuss how to increase local business traffic into our local businesses, using HOT funds and EDC funds. We want to see how we can help them as an entity and exchange ideas on what works best for everyone. The next meeting will be with our local restaurants and other types of businesses to have the same discussion. This is an effort to follow up with Mayor Fleury’s idea of using HOT funds and EDC funds to help drive up some local business here in Trophy Club and help support these restaurants, especially during the lunch time hour. We are not seeing the lunch time traffic we would like to see and it’s hurting our local restaurants a little bit. So please visit your local restaurants for lunch. TNP has been given the okay to go ahead and begin the update on the 2018 traffic study and to add the new locations, the new intersections that we talked about last week. We are hoping to get that back within 3-4 weeks and we are still on track with that project. Town Manager Carroll gave Council the opportunity to add any new items to the Future Agenda Items List. Council Member Monger requested that we add a discussion regarding the water issues in Hogans Glen. We should add to the council agenda to talk about what we can and cannot do, in a public forum. Council Member Sheridan seconded the agenda item. 78 7 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 Attorney-Client Privilege – Deliberate possible Interlocal Agreement with multiple governmental entities to provide services to Trophy Club Citizens. c. Section 551.074 Personnel Matters under Subsection (1) to discuss or deliberate the appointment, evaluation, and duties of a public officer or employee: Mayor Fleury announced that Council was going into executive session at 7:51 pm. RECONVENE INTO REGULAR SESSION 17. Consider and take appropriate action regarding Executive Session items (Mayor Fleury). Council reconvened into regular session at 8:53 pm. Mayor Pro Tem Lamont made a motion for the attorney, regarding item 16.b, to proceed as instructed as discussed in executive session. The motion was seconded by Councilman Beach. The motion passed unanimously. ADJOURN Mayor Fleury adjourned the meeting at 8:54 pm. Attest: __________________________ __________________________ Anita Otterson, Town Secretary Alicia L. Fleury, Mayor 79 Page 1 of 2 To: Mayor and Town Council From: Tony Jaramillo, Director of Parks and Recreation CC: Wade Carroll, Town Manager Anita Otterson, Town Secretary Re: Procurement of Services Mowing Maintenance Town Council Meeting, September 13, 2022 Agenda Item: Consider and take action regarding a Requisition Request for procurement of services from Yellowstone Landscape and Lawns of Dallas for mowing services. Strategic Link: Nature and Beautification: Uphold the aesthetic appeal and beautification of the Town. Background and Explanation: At the August 23, 2022, council meeting, staff received approval to enter into a contract for mowing services throughout various town-owned properties. The contract was approved by Town Council in a not to exceed amount of $110,000 between Yellowstone Landscape and Lawns of Dallas. Staff is requesting approval for a Purchase Requisition Request for each vendor for the total of $110,000 as presented at the August 23, 2022, council meeting. 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 which will be utilized on an as-needed basis only. 80 Page 2 of 2 Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends the approval of the requisition requests for mowing services in a not to exceed amount of $110,000 as presented Attachments: •Lawns of Dallas Requisition Request Purchase Form •Yellowstone Landscape Requisition Request Form •Lawns of Dallas Quote •Yellowstone Landscape Quote 81 PURCHASE REQUISITION FORM PO Number Date :Sept. 8, 2022 Department Parks and Rec. Vendor (Name & Address)Delivery Address Project# Yellowstone Landscaping 1 Trophy Wood Drive PO Box 205742 Trophy Club, TX 76262 Dallas, TX 75320 Account Number Description Quantity Unit Amount Total Amount 01-400-67000 Yellowstone Landscaping 1 49,035.80 $49,035.80 Additional cost is to cover misc. man hour expenses such as landscaping.1 10,078.10 $10,078.10 $- $- $- $- $- $- $- Co-op info:RFP Contract Total $59,113.90 Vendor Packet Active? -Yes Attachments - Budget Information - Requested by: Tony Jaramillo Approved by: Finance Approved by: The Town of Trophy Club must have a completed Vendor Packet on file before a requisition can be accepted by the Finance Department. 82 PURCHASE REQUISITION FORM PO Number Date :9/8/2022 Department Parks and Rec. Vendor (Name & Address)Delivery Address Project# Lawns of Dallas 1 Trophy Wood Drive 8400 Ambassador Row Trophy Club, TX 76262 Dallas, TX 75247 Account Number Description Quantity Unit Amount Total Amount 01-400-67000 Lawns of Dallas Mowing Services 1 40,808.00 $40,808.00 Additional cost is to cover misc. man hour expenses such as landscaping.1 10,078.10 $10,078.10 $- $- $- $- $- $- $- Co-op info: Total $50,886.10 Vendor Packet Active? -Yes Attachments - Budget Information - Requested by: Tony Jaramillo Approved by: Finance Approved by: The Town of Trophy Club must have a completed Vendor Packet on file before a requisition can be accepted by the Finance Department. 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 OOG Sample Resolution Page 1 of 1 TOWN OF TROPHY CLUB RESOLUTION 2022-14 A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING THE SUBMISSION OF A GRANT APPLICATION FOR THE SCHOOL RESOURCE OFFICERS BULLET RESISTANT SHIELD PROGRAM TO THE OFFICE OF THE GOVERNOR: WHEREAS, The Town of Trophy Club finds it in the best interest of the citizens of Trophy Club, that the School Resource Officers Bullet Resistant Shields Program be operated for the FY2023; and WHEREAS, the Town of Trophy Club agrees to provide applicable funds for the said project as required by the Office of the Governor grant application; and WHEREAS, the Town of Trophy Club agrees that in the event of loss or misuse of the Office of the Governor funds, the Town of Trophy Club assures that the funds will be returned to the Office of the Governor in full. WHEREAS, the Town of Trophy Club designates the Police Chief as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE, BE IT RESOLVED that the Town of Trophy Club approves submission of the grant application for the School Resource Officers Bullet Resistant Shields Program to the Office of the Governor. Signed by: Passed and Approved this 13th day of September, 2022. Grant Number: 45834-01 _________________________ Alicia Fleury, Mayor Town of Trophy Club, Texas 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 142 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 Tax Rate Town Council Meeting, September 13, 2022 Agenda Item: Conduct a Public Hearing for the proposed tax rate for fiscal year October 1, 2022, to September 30, 2023, (W. Carroll). Strategic Link: Administrative & Financial Services – Exercise fiscal discipline in all Town operations Background and Explanation: The proposed Fiscal Year 2023 budget includes a total Ad Valorem Tax Rate of $0.435/$100 of valuation. The portion of the total tax rate for maintenance and operations is $0.335/$100 of valuation. The portion of the total tax rate dedicated to debt service is $0.10/$100 of valuation. The proposed tax rate is below the no-new-revenue tax rate of $0.408580/$100 of valuation, the voter approval tax rate of $0.446677/$100 of valuation and the di minimis rate of $0.43205/$100. Financial Considerations: The Town of Trophy Club’s property tax revenue is 63% of the total General Fund revenues. By maintaining the previous year’s tax rate the Town is able to improve and maintain its current service level. Legal Review: None applicable Board/Commission/ or Committee Recommendation: None applicable Staff Recommendation: N/A 143 Page 2 of 2 Attachments: •Notice of Proposed Property Tax Rate Hearing •Tax Rate Calculation Worksheet Town Council Approval: Mayor Alicia L. Fleury or designee 144 NOTICE OF PUBLIC HEARING ON TAX INCREASE A tax rate of $0.434799 per $100 valuation has been proposed by the governing body of TOWN OF TROPHY CLUB. PROPOSED TAX RATE NO-NEW-REVENUE TAX RATE VOTER-APPROVAL TAX RATE $0.434799 per $100 $0.408580 per $100 $0.446677 per $100 The no-new-revenue tax rate is the tax rate for the 2022 tax year that will raise the same amount of property tax revenue for TOWN OF TROPHY CLUB from the same properties in both the 2021 tax year and the 2022 tax year. The voter-approval rate is the highest tax rate that TOWN OF TROPHY CLUB may adopt without holding an election to seek voter approval of the rate. The proposed tax rate is greater than the no-new-revenue tax rate. This means that TOWN OF TROPHY CLUB is proposing to increase property taxes for the 2022 tax year. A PUBLIC HEARING ON THE PROPOSED TAX RATE WILL BE HELD ON September 13, 2022 AT 7:00PM AT Town Council Chambers at Town Hall located at 1 Trophy Club Drive, Trophy Club, TX. The proposed tax rate is not greater than the voter-approval tax rate. As a result, TOWN OF TROPHY CLUB is not required to hold an election at which voters may accept or reject the proposed tax rate. However, you may express your support for or opposition to the proposed tax rate by contacting the members of the Trophy Club Town Council of TOWN OF TROPHY CLUB at their offices or by attending the public hearing mentioned above. YOUR TAXES OWED UNDER ANY OF THE RATES MENTIONED ABOVE CAN BE CALCULATED AS FOLLOWS: Property tax amount= (tax rate) x (taxable value of your property)/100 (List names of all members of the governing body below, showing how each voted on the proposal to consider the tax rate or, if one or more were absent, indicating absences.) FOR the proposal: Mayor Alicia L. Fleury, Mayor Pro Tem Greg Lamont, Council Member Jeff Beach, Council Member Dennis Sheridan, Council Member Karl Monger, Council Member LuAnn Oldham, Council Member Steve Flynn AGAINST the proposal: None PRESENT and not voting: None ABSENT: None The 86th Texas Legislature modified the manner in which the voter-approval tax rate is calculated to limit the rate of growth of property taxes in the state. 145 The following table compares the taxes imposed on the average residence homestead by TOWN OF TROPHY CLUB last year to the taxes proposed to be imposed on the average residence homestead by TOWN OF TROPHY CLUB this year. 2021 2022 Change Total tax rate (per $100 of value) $0.445 $0.434799 decrease of $0.010201, or 2.29% Average homestead taxable value $500,120 $554,380 increase of $54,260, or 11% Tax on average homestead $2,225.53 $2,410.44 increase of $184.91, or 8.3% Total tax levy on all properties $8,850,220 $9,422,774 increase of $572,554, or 6.5% For assistance with tax calculations, please contact the tax assessor for TOWN OF TROPHY CLUB at 940-349-3500 or tnt.dentoncounty.gov, or visit tax.dentoncounty.gov for more information. 146 147 2022 Tax Rate Calculation Notice Taxing Unit Name: _____________________________ Attached are the following documents: No New Revenue and Voter Approval Tax Rate Worksheets Notice of Tax Rates (required to be posted on taxing unit website) Approving Rates: Section 8 on worksheet shows the following rates No New Revenue Rate Voter Approval Rate Di Minimis Rate (if applicable) Please review these documents carefully and notify our office of any changes that need to be made. If any changes are made, our office will send out new documents including the revisions. Once you are satisfied that the calculation is correct, please sign this document stating that you approve the calculation worksheet that is attached to this document. Proposed M&O_______________ (Maintenance & Operation Rate) Proposed I&S_________________ (Interest & Sinking or Debt Rate) (proposed I&S rate must match line 48 on worksheet) Proposed Total Rate___________ As a representative of _______________________, I approve the Tax Rate Calculation and have provided the proposed tax rate for the taxing entity listed above. _______________________________ Printed name ________________________________ ____________ Signature Date 148 Form developed by: Texas Comptroller of Public Accounts, Property Tax Assistance Division For additional copies, visit: comptroller.texas.gov/taxes/property-tax 50-856 • 5-22/9 Form 50-8562022 Tax Rate Calculation WorksheetTaxing Units Other Than School Districts or Water Districts ____________________________________________________________________________ ________________________________ Taxing Unit Name Phone (area code and number) ____________________________________________________________________________ ________________________________ Taxing Unit’s Address, City, State, ZIP Code Taxing Unit’s Website Address GENERAL INFORMATION: Tax Code Section 26.04(c) requires an officer or employee designated by the governing body to calculate the no-new-revenue (NNR) tax rate and voter-approval tax rate for the taxing unit. These tax rates are expressed in dollars per $100 of taxable value calculated. The calculation process starts after the chief appraiser delivers to the taxing unit the certified appraisal roll and the estimated values of properties under protest. The designated officer or employee shall certify that the officer or employee has accurately calculated the tax rates and used values shown for the certified appraisal roll or certified estimate. The officer or employee submits the rates to the governing body by Aug. 7 or as soon thereafter as practicable. School districts do not use this form, but instead use Comptroller Form 50-859 Tax Rate Calculation Worksheet, School District without Chapter 313 Agreements or Comptroller Form 50-884 Tax Rate Calculation Worksheet, School District with Chapter 313 Agreements. Water districts as defined under Water Code Section 49.001(1) do not use this form, but instead use Comptroller Form 50-858 Water District Voter-Approval Tax Rate Worksheet for Low Tax Rate and Developing Districts or Comptroller Form 50-860 Developed Water District Voter-Approval Tax Rate Worksheet. The Comptroller’s office provides this worksheet to assist taxing units in determining tax rates. The information provided in this worksheet is offered as technical assistance and not legal advice. Taxing units should consult legal counsel for interpretations of law regarding tax rate preparation and adoption. SECTION 1: No-New-Revenue Tax Rate The NNR tax rate enables the public to evaluate the relationship between taxes for the prior year and for the current year based on a tax rate that would produce the same amount of taxes (no new taxes) if applied to the same properties that are taxed in both years. When appraisal values increase, the NNR tax rate should decrease. The NNR tax rate for a county is the sum of the NNR tax rates calculated for each type of tax the county levies. While uncommon, it is possible for a taxing unit to provide an exemption for only maintenance and operations taxes. In this case, the taxing unit will need to calculate the NNR tax rate separately for the maintenance and operations tax and the debt tax, then add the two components together. Line No-New-Revenue Tax Rate Worksheet Amount/Rate 1. 2021 total taxable value. Enter the amount of 2021 taxable value on the 2021 tax roll today. Include any adjustments since last year’s certification; exclude Tax Code Section 25.25(d) one-fourth and one-third over-appraisal corrections from these adjustments. Exclude any property value subject to an appeal under Chapter 42 as of July 25 (will add undisputed value in Line 6). This total includes the taxable value of homesteads with tax ceil- ings (will deduct in Line 2) and the captured value for tax increment financing (adjustment is made by deducting TIF taxes, as reflected in Line 17).1 $ _____________ 2.2021 tax ceilings. Counties, cities and junior college districts. Enter 2021 total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other taxing units enter 0. If your taxing unit adopted the tax ceiling provision in 2021 or a prior year for homeowners age 65 or older or disabled, use this step.2 $ _____________ 3.Preliminary 2021 adjusted taxable value. Subtract Line 2 from Line 1.$ _____________ 4.2021 total adopted tax rate.$ __________/$100 5. A. Original 2021 ARB values:............................................................................ $ _____________ B.2021 values resulting from final court decisions:..................................................... - $ _____________ C.2021 value loss. Subtract B from A.3 $ _____________ 6. A. 2021 ARB certified value: ............................................................................ $ _____________ B.2021 disputed value:................................................................................. - $ _____________ C.2021 undisputed value. Subtract B from A. 4 $ _____________ 7.2021 Chapter 42 related adjusted values. Add Line 5C and Line 6C.$ _____________ 2021 taxable value lost because court appeals of ARB decisions reduced 2021 appraised value. 2021 taxable value subject to an appeal under Chapter 42, as of July 25. 1 Tex. Tax Code § 26.012(14) 2 Tex. Tax Code § 26.012(14) 3 Tex. Tax Code § 26.012(13) 4 Tex. Tax Code § 26.012(13) TOWN OF TROPHY CLUB 2,398,772,984 404,792,332 1,993,980,652 0.445000 49,933,372 43,863,168 6,070,204 11,214,061 2,242,812 8,971,249 15,041,453 149 2022 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 Line No-New-Revenue Tax Rate Worksheet Amount/Rate 8.2021 taxable value, adjusted for actual and potential court-ordered adjustments. Add Line 3 and Line 7.$ _____________ 9.2021 taxable value of property in territory the taxing unit deannexed after Jan. 1, 2021. Enter the 2021 value of property in deannexed territory. 5 $ _____________ 10. A. Absolute exemptions. Use 2021 market value: ......................................................... $ _____________ B. Partial exemptions. 2022 exemption amount or 2022 percentage exemption times 2021 value:...................................................................................... + $ _____________ C. Value loss. Add A and B. 6 $ _____________ 11. A. 2021 market value:................................................................................... $ _____________ B.2022 productivity or special appraised value:........................................................ - $ _____________ C. Value loss. Subtract B from A. 7 $ _____________ 12.Total adjustments for lost value. Add Lines 9, 10C and 11C.$ _____________ 13.2021 captured value of property in a TIF. Enter the total value of 2021 captured appraised value of property taxable by a taxing unit in a tax increment financing zone for which 2021 taxes were deposited into the tax increment fund. 8 If the taxing unit has no captured appraised value in line 18D, enter 0.$ _____________ 14.2021 total value. Subtract Line 12 and Line 13 from Line 8.$ _____________ 15.Adjusted 2021 total levy. Multiply Line 4 by Line 14 and divide by $100.$ _____________ 16.Taxes refunded for years preceding tax year 2021. Enter the amount of taxes refunded by the taxing unit for tax years preceding tax year 2021. Types of refunds include court decisions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11 payment errors. Do not include refunds for tax year 2021. This line applies only to tax years preceding tax year 2021. 9 $ _____________ 17.Adjusted 2021 levy with refunds and TIF adjustment. Add Lines 15 and 16. 10 $ _____________ 18. A. Certified values:...................................................................................... $ _____________ B.Counties: Include railroad rolling stock values certified by the Comptroller’s office: ....................... + $ _____________ C. Pollution control and energy storage system exemption: Deduct the value of property exempted for the current tax year for the first time as pollution control or energy storage system property:........... - $ _____________ D. Tax increment financing: Deduct the 2022 captured appraised value of property taxable by a taxing unit in a tax increment financing zone for which the 2022 taxes will be deposited into the tax increment fund. Do not include any new property value that will be included in Line 23 below. 12 .................... - $ _____________ E. Total 2022 value. Add A and B, then subtract C and D.$ _____________ 2021 taxable value lost because property first qualified for an exemption in 2022. If the taxing unit increased an original exemption, use the difference between the original exempted amount and the increased exempted amount. Do not include value lost due to freeport, goods- in-transit, temporary disaster exemptions. Note that lowering the amount or percentage of an existing exemption in 2022 does not create a new exemption or reduce taxable value. 2021 taxable value lost because property first qualified for agricultural appraisal (1-d or 1-d-1), timber appraisal, recreational/ scenic appraisal or public access airport special appraisal in 2022. Use only properties that qualified in 2022 for the first time; do not use properties that qualified in 2021. Total 2022 taxable value on the 2022 certified appraisal roll today. This value includes only certified values or certified estimate of values and includes the total taxable value of homesteads with tax ceilings (will deduct in Line 20). These homesteads include homeowners age 65 or older or disabled. 11 5 Tex. Tax Code § 26.012(15) 6 Tex. Tax Code § 26.012(15) 7 Tex. Tax Code § 26.012(15) 8 Tex. Tax Code § 26.03(c) 9 Tex. Tax Code § 26.012(13) 10 Tex. Tax Code § 26.012(13) 11 Tex. Tax Code § 26.012, 26.04(c-2) 12 Tex. Tax Code § 26.03(c) For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 2 2,009,022,105 0 571,310 3,080,559 3,651,869 0 0 0 3,651,869 20,435,925 1,984,934,311 8,832,957 21,619 8,854,576 2,447,918,240 0 26,659,168 2,421,259,072 150 2022 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 20.2022 tax ceilings. Counties, cities and junior colleges enter 2022 total taxable value of homesteads with tax ceilings. These include the home- steads of homeowners age 65 or older or disabled. Other taxing units enter 0. If your taxing unit adopted the tax ceiling provision in 2021 or a prior year for homeowners age 65 or older or disabled, use this step.16 $ _____________ 21.2022 total taxable value. Add Lines 18E and 19C. Subtract Line 20. 17 $ _____________ 22.Total 2022 taxable value of properties in territory annexed after Jan. 1, 2021. Include both real and personal property. Enter the 2022 value of property in territory annexed. 18 $ _____________ 23. Total 2022 taxable value of new improvements and new personal property located in new improvements. New means the item was not on the appraisal roll in 2021. An improvement is a building, structure, fixture or fence erected on or affixed to land. New additions to exist-ing improvements may be included if the appraised value can be determined. New personal property in a new improvement must have been brought into the taxing unit after Jan. 1, 2021 and be located in a new improvement. New improvements do include property on which a tax abatement agreement has expired for 2022. 19 $ _____________ 24.Total adjustments to the 2022 taxable value. Add Lines 22 and 23.$ _____________ 25.Adjusted 2022 taxable value. Subtract Line 24 from Line 21.$ _____________ 26.2022 NNR tax rate. Divide Line 17 by Line 25 and multiply by $100. 20 $ __________/$100 27.COUNTIES ONLY. Add together the NNR tax rates for each type of tax the county levies. The total is the 2022 county NNR tax rate. 21 $ __________/$100 Line No-New-Revenue Tax Rate Worksheet Amount/Rate 19. A.2022 taxable value of properties under protest. The chief appraiser certifies a list of properties still under ARB protest. The list shows the appraisal district’s value and the taxpayer’s claimed value, if any, or an estimate of the value if the taxpayer wins. For each of the properties under protest, use the lowest of these values. Enter the total value under protest. 14.................................................... $ _____________ B. 2022 value of properties not under protest or included on certified appraisal roll. The chief appraiser gives taxing units a list of those taxable properties that the chief appraiser knows about but are not included in the appraisal roll certification. These properties also are not on the list of properties that are still under protest. On this list of properties, the chief appraiser includes the market value, appraised value and exemptions for the preceding year and a reasonable estimate of the market value, appraised value and exemptions for the current year. Use the lower market, appraised or taxable value (as appropriate). Enter the total value of property not on the certified roll. 15 .............................. + $ _____________ C. Total value under protest or not certified. Add A and B.$ _____________ Total value of properties under protest or not included on certified appraisal roll. 13 Line Voter-Approval Tax Rate Worksheet Amount/Rate 28.2021 M&O tax rate. Enter the 2021 M&O tax rate.$ __________/$100 29.2021 taxable value, adjusted for actual and potential court-ordered adjustments. Enter the amount in Line 8 of the No-New-Revenue Tax Rate Worksheet.$ _____________ SECTION 2: Voter-Approval Tax Rate The voter-approval tax rate is the highest tax rate that a taxing unit may adopt without holding an election to seek voter approval of the rate. The voter-approval tax rate is split into two separate rates: 1. Maintenance and Operations (M&O) Tax Rate: The M&O portion is the tax rate that is needed to raise the same amount of taxes that the taxing unit levied in the prior year plus the applicable percentage allowed by law. This rate accounts for such things as salaries, utilities and day-to-day operations. 2. Debt Rate: The debt rate includes the debt service necessary to pay the taxing unit’s debt payments in the coming year. This rate accounts for principal and interest on bonds and other debt secured by property tax revenue. The voter-approval tax rate for a county is the sum of the voter-approval tax rates calculated for each type of tax the county levies. In most cases the voter-approval tax rate exceeds the no-new-revenue tax rate, but occasionally decreases in a taxing unit’s debt service will cause the NNR tax rate to be higher than the voter-approval tax rate. 13 Tex. Tax Code § 26.01(c) and (d) 14 Tex. Tax Code § 26.01(c) 15 Tex. Tax Code § 26.01(d) 16 Tex. Tax Code § 26.012(6)(B) 17 Tex. Tax Code § 26.012(6) 18 Tex. Tax Code § 26.012(17) 19 Tex. Tax Code § 26.012(17) 20 Tex. Tax Code § 26.04(c) 21 Tex. Tax Code § 26.04(d) For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 3 231,126,126 854,136 231,980,262 473,342,479 2,179,896,855 0 12,740,539 12,740,539 2,167,156,316 0.408580 0.335000 2,009,022,105 151 2022 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 Line Voter-Approval Tax Rate Worksheet Amount/Rate 30. Total 2021 M&O levy. Multiply Line 28 by Line 29 and divide by $100 $ _____________ 31. A.M&O taxes refunded for years preceding tax year 2021. Enter the amount of M&O taxes refunded in the preceding year for taxes before that year. Types of refunds include court decisions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11 payment errors. Do not include refunds for tax year 2021. This line applies only to tax years preceding tax year 2021. .............. + $ _____________ B. 2021 taxes in TIF. Enter the amount of taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit. If the taxing unit has no 2022 captured appraised value in Line 18D, enter 0....................................................................................... – $ _____________ C.2021 transferred function. If discontinuing all of a department, function or activity and transferring it to another taxing unit by written contract, enter the amount spent by the taxing unit discontinuing the function in the 12 months preceding the month of this calculation. If the taxing unit did not operate this function for this 12-month period, use the amount spent in the last full fiscal year in which the taxing unit operated the function. The taxing unit discontinuing the function will subtract this amount in D below. The taxing unit receiving the function will add this amount in D below. Other taxing units enter 0. .................................................................... +/- $ _____________ D. 2021 M&O levy adjustments. Subtract B from A. For taxing unit with C, subtract if discontinuing function and add if receiving function..................................................... $ _____________ E.Add Line 30 to 31D.$ _____________ 32. Adjusted 2022 taxable value. Enter the amount in Line 25 of the No-New-Revenue Tax Rate Worksheet.$ _____________ 33. 2022 NNR M&O rate (unadjusted). Divide Line 31E by Line 32 and multiply by $100.$ __________/$100 34. A.2022 state criminal justice mandate. Enter the amount spent by a county in the previous 12 months providing for the maintenance and operation cost of keeping inmates in county-paid facilities after they have been sentenced. Do not include any state reimbursement received by the county for the same purpose. $ _____________ B.2021 state criminal justice mandate. Enter the amount spent by a county in the 12 months prior to the previous 12 months providing for the maintenance and operation cost of keeping inmates in county-paid facilities after they have been sentenced. Do not include any state reimbursement received by the county for the same purpose. Enter zero if this is the first time the mandate applies................. – $ _____________ C. Subtract B from A and divide by Line 32 and multiply by $100............................................ $ __________/$100 D.Enter the rate calculated in C. If not applicable, enter 0.$ __________/$100 35. A.2022 indigent health care expenditures. Enter the amount paid by a taxing unit providing for the maintenance and operation cost of providing indigent health care for the period beginning on July 1, 2021 and ending on June 30, 2022, less any state assistance received for the same purpose. ... ..... $ _____________ B. 2021 indigent health care expenditures. Enter the amount paid by a taxing unit providing for the maintenance and operation cost of providing indigent health care for the period beginning on July 1, 2020 and ending on June 30, 2021, less any state assistance received for the same purpose................................................................................... – $ _____________ C. Subtract B from A and divide by Line 32 and multiply by $100............................................ $ __________/$100 D.Enter the rate calculated in C. If not applicable, enter 0.$ __________/$100 Adjusted 2021 levy for calculating NNR M&O rate. Rate adjustment for state criminal justice mandate. 23 Rate adjustment for indigent health care expenditures. 24 22 [Reserved for expansion] 23 Tex. Tax Code § 26.044 24 Tex. Tax Code § 26.0441 For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 4 6,730,224 16,292 43,705 0 -27,413 6,702,811 2,167,156,316 0.309290 0 0 0 0 0 0 0 0 152 2022 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 Line Voter-Approval Tax Rate Worksheet Amount/Rate 36.Rate adjustment for county indigent defense compensation. 25 A.2022 indigent defense compensation expenditures. Enter the amount paid by a county to provide appointed counsel for indigent individuals and fund the operations of a public defender's office under Article 26.044, Code of Criminal Procedure for the period beginning on July 1, 2021 and ending on June 30, 2022, less any state grants received by the county for the same purpose . . . . . . . . . . . . . . . . . . B. 2021 indigent defense compensation expenditures. Enter the amount paid by a county to provide appointed counsel for indigent individuals and fund the operations of a public defender's office under Article 26.044, Code of Criminal Procedure for the period beginning on July 1, 2020 and ending onJune 30, 2021, less any state grants received by the county for the same purpose. . . . . . . . . . . . . . C. Subtract B from A and divide by Line 32 and multiply by $100............................................ D.Multiply B by 0.05 and divide by Line 32 and multiply by $100............................................ $ _____________ $ _____________ $ __________/$100 $ __________/$100 E.Enter the lesser of C and D. If not applicable, enter 0.$ __________/$100 37.Rate adjustment for county hospital expenditures. 26 A.2022 eligible county hospital expenditures. Enter the amount paid by the county or municipality to maintain and operate an eligible county hospital for the period beginning on July 1, 2021 and ending on June 30, 2022. .............................................................................. $ _____________ B. 2021 eligible county hospital expenditures. Enter the amount paid by the county or municipality to maintain and operate an eligible county hospital for the period beginning on July 1, 2020 and ending on June 30, 2021. .............................................................................. $ _____________ C. Subtract B from A and divide by Line 32 and multiply by $100............................................ $ __________/$100 D.Multiply B by 0.08 and divide by Line 32 and multiply by $100............................................ $ __________/$100 E.Enter the lesser of C and D, if applicable. If not applicable, enter 0.$ __________/$100 40. A.Enter the amount of additional sales tax collected and spent on M&O expenses in 2021, if any. Counties must exclude any amount that was spent for economic development grants from the amount of sales tax spent ...................................................................................... $ _____________ B.Divide Line 40A by Line 32 and multiply by $100 ........................................................ $ __________/$100 C. Add Line 40B to Line 39.$ __________/$100 39.Adjusted 2022 NNR M&O rate. Add Lines 33, 34D, 35D, 36E, and 37E. Subtract Line 38D.$ __________/$100 38. A.Amount appropriated for public safety in 2021. Enter the amount of money appropriated for public safety in the budget adopted by the municipality for the preceding fiscal year . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _____________ B. Expenditures for public safety in 2021. Enter the amount of money spent by the municipality for public safety during the preceding fiscal year .................................................................. $ _____________ C. Subtract B from A and divide by Line 32 and multiply by $100 ........................................... $ __________/$100 D.Enter the rate calculated in C. If not applicable, enter 0.$ __________/$100 41.2022 voter-approval M&O rate. Enter the rate as calculated by the appropriate scenario below.$ __________/$100 Rate adjustment for defunding municipality. This adjustment only applies to a municipality that is considered to be a defunding municipality for the current tax year under Chapter 109, Local Government Code. Chapter 109, Local Government Code only applies to municipalities with a population of more than 250,000 and includes a written determination by the Office of the Governor. See Tax Code 26.0444 for more information. Adjustment for 2021 sales tax specifically to reduce property values. Cities, counties and hospital districts that collected and spent addi- tional sales tax on M&O expenses in 2021 should complete this line. These entities will deduct the sales tax gain rate for 2022 in Section 3. Other taxing units, enter zero. Special Taxing Unit. If the taxing unit qualifies as a special taxing unit, multiply Line 40C by 1.08. - or - Other Taxing Unit. If the taxing unit does not qualify as a special taxing unit, multiply Line 40C by 1.035. 25 Tex. Tax Code § 26.0442 26 Tex. Tax Code § 26.0443 For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.309290 0 0 0.309290 0.320115 153 2022 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 Line Voter-Approval Tax Rate Worksheet Amount/Rate D41. Disaster Line 41 (D41): 2022 voter-approval M&O rate for taxing unit affected by disaster declaration. If the taxing unit is located in an area declared a disaster area and at least one person is granted an exemption under Tax Code Section 11.35 for property located in the taxing unit, the governing body may direct the person calculating the voter-approval tax rate to calculate in the manner provided for a special taxing unit. The taxing unit shall continue to calculate the voter-approval tax rate in this manner until the earlier of If the taxing unit qualifies under this scenario, multiply Line 40C by 1.08. 27 If the taxing unit does not qualify, do not complete Disaster Line 41 (Line D41).$ __________/$100 42. A. Debt also includes contractual payments to other taxing units that have incurred debts on behalf of this taxing unit, if those debts meet the four conditions above. Include only amounts that will be paid from property tax revenue. Do not include appraisal district budget payments. If the governing body of a taxing unit authorized or agreed to authorize a bond, warrant, certificate of obligation, or other evidence of indebtedness on or after Sept. 1, 2021, verify if it meets the amended definition of debt before including it here. 28 Enter debt amount .................................................................................... $ _____________ B.Subtract unencumbered fund amount used to reduce total debt. ...................................... – $ _____________ C. Subtract certified amount spent from sales tax to reduce debt (enter zero if none) .................... – $ _____________ D.Subtract amount paid from other resources ............................................................ – $ _____________ E.Adjusted debt. Subtract B, C and D from A.$ _____________ 43. Certified 2021 excess debt collections. Enter the amount certified by the collector. 29 $ _____________ 44. Adjusted 2022 debt. Subtract Line 43 from Line 42E.$ _____________ 45. A. Enter the 2022 anticipated collection rate certified by the collector. 30 .................................... ____________% B.Enter the 2021 actual collection rate. ................................................................... ____________% C. Enter the 2020 actual collection rate. ................................................................... ____________% D.Enter the 2019 actual collection rate. ................................................................... ____________% E.If the anticipated collection rate in A is lower than actual collection rates in B, C and D, enter the lowest collection rate from B, C and D. If the anticipated rate in A is higher than at least one of the rates in the prior three years, enter the rate from A. Note that the rate can be greater than 100%. 31 ____________% 46. 2022 debt adjusted for collections. Divide Line 44 by Line 45E.$ _____________ 47. 2022 total taxable value. Enter the amount on Line 21 of the No-New-Revenue Tax Rate Worksheet.$ _____________ 48. 2022 debt rate. Divide Line 46 by Line 47 and multiply by $100.$ __________/$100 49. 2022 voter-approval tax rate. Add Lines 41 and 48.$ __________/$100 D49. Disaster Line 49 (D49): 2022 voter-approval tax rate for taxing unit affected by disaster declaration. Complete this line if the taxing unit calculated the voter-approval tax rate in the manner provided for a special taxing unit on Line D41. Add Line D41 and 48.$ __________/$100 1) the first year in which total taxable value on the certified appraisal roll exceeds the total taxable value of the tax year in which the disaster occurred, or 2) the third tax year after the tax year in which the disaster occurred Total 2022 debt to be paid with property taxes and additional sales tax revenue. Debt means the interest and principal that will be paid on debts that: (1) are paid by property taxes, (2) are secured by property taxes, (3) are scheduled for payment over a period longer than one year, and (4) are not classified in the taxing unit’s budget as M&O expenses. 2022 anticipated collection rate. 27 Tex. Tax Code § 26.042(a) 28 Tex. Tax Code § 26.012(7) 29 Tex. Tax Code § 26.012(10) and 26.04(b) 30 Tex. Tax Code § 26.04(b) 31 Tex. Tax Code §§ 26.04(h), (h-1) and (h-2) For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 6 0 2,547,193 0 0 0 2,547,193 371,666 2,175,527 100.00 99.50 98.90 99.90 100.00 2,175,527 2,179,896,855 0.099799 0.419914 154 2022 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 Line Voter-Approval Tax Rate Worksheet Amount/Rate 50. COUNTIES ONLY. Add together the voter-approval tax rates for each type of tax the county levies. The total is the 2022 county voter-approval tax rate.$ __________/$100 Line Additional Sales and Use Tax Worksheet Amount/Rate 51. Taxable Sales. For taxing units that adopted the sales tax in November 2021 or May 2022, enter the Comptroller’s estimate of taxable sales for the previous four quarters. 32 Estimates of taxable sales may be obtained through the Comptroller’s Allocation Historical Summary webpage. Taxing units that adopted the sales tax before November 2021, enter 0.$ _____________ 52.Estimated sales tax revenue. Counties exclude any amount that is or will be spent for economic development grants from the amount of esti- mated sales tax revenue. 33 $ _____________ 53.2022 total taxable value. Enter the amount from Line 21 of the No-New-Revenue Tax Rate Worksheet.$ _____________ 54.Sales tax adjustment rate. Divide Line 52 by Line 53 and multiply by $100.$ __________/$100 55.2022 NNR tax rate, unadjusted for sales tax.35 Enter the rate from Line 26 or 27, as applicable, on the No-New-Revenue Tax Rate Worksheet.$ __________/$100 56.2022 NNR tax rate, adjusted for sales tax. Taxing units that adopted the sales tax in November 2021 or in May 2022. Subtract Line 54 from Line 55. Skip to Line 57 if you adopted the additional sales tax before November 2021.$ __________/$100 57.2022 voter-approval tax rate, unadjusted for sales tax.36 Enter the rate from Line 49, Line D49 (disaster) or Line 50 (counties) as applicable, of the Voter-Approval Tax Rate Worksheet.$ __________/$100 58.2022 voter-approval tax rate, adjusted for sales tax. Subtract Line 54 from Line 57.$ __________/$100 Line Voter-Approval Rate Adjustment for Pollution Control Requirements Worksheet Amount/Rate 59.Certified expenses from the Texas Commission on Environmental Quality (TCEQ). Enter the amount certified in the determination letter from TCEQ. 37 The taxing unit shall provide its tax assessor-collector with a copy of the letter. 38 $ _____________ 60.2022 total taxable value. Enter the amount from Line 21 of the No-New-Revenue Tax Rate Worksheet.$ _____________ 61.Additional rate for pollution control. Divide Line 59 by Line 60 and multiply by $100.$ __________/$100 62.2022 voter-approval tax rate, adjusted for pollution control. Add Line 61 to one of the following lines (as applicable): Line 49, Line D49 (disaster), Line 50 (counties) or Line 58 (taxing units with the additional sales tax).$ __________/$100 SECTION 3: NNR Tax Rate and Voter-Approval Tax Rate Adjustments for Additional Sales Tax to Reduce Property Taxes Cities, counties and hospital districts may levy a sales tax specifically to reduce property taxes. Local voters by election must approve imposing or abolishing the additional sales tax. If approved, the taxing unit must reduce its NNR and voter-approval tax rates to offset the expected sales tax revenue. This section should only be completed by a county, city or hospital district that is required to adjust its NNR tax rate and/or voter-approval tax rate because it adopted the additional sales tax. Taxing units that adopted the sales tax in November 2021 or in May 2022. Multiply the amount on Line 51 by the sales tax rate (.01, .005 or .0025, as applicable) and multiply the result by .95. 34 - or - Taxing units that adopted the sales tax before November 2021. Enter the sales tax revenue for the previous four quarters. Do not multiply by .95. SECTION 4: Voter-Approval Tax Rate Adjustment for Pollution Control A taxing unit may raise its rate for M&O funds used to pay for a facility, device or method for the control of air, water or land pollution. This includes any land, structure, building, installation, excavation, machinery, equipment or device that is used, constructed, acquired or installed wholly or partly to meet or exceed pollution control requirements. The taxing unit’s expenses are those necessary to meet the requirements of a permit issued by the Texas Commission on Environmental Quality (TCEQ). The taxing unit must provide the tax assessor with a copy of the TCEQ letter of determination that states the portion of the cost of the installation for pollution control. This section should only be completed by a taxing unit that uses M&O funds to pay for a facility, device or method for the control of air, water or land pollution. 32 Tex. Tax Code § 26.041(d) 33 Tex. Tax Code § 26.041(i) 34 Tex. Tax Code § 26.041(d) 35 Tex. Tax Code § 26.04(c) 36 Tex. Tax Code § 26.04(c) 37 Tex. Tax Code § 26.045(d) 38 Tex. Tax Code § 26.045(i) For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 7 0.419914 0.419914 0 2,179,896,855 0 0.419914 0 0 0 2,179,896,855 0 0.408580 0.408580 155 2022 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 SECTION 5: Voter-Approval Tax Rate Adjustment for Unused Increment Rate Line Unused Increment Rate Worksheet Amount/Rate 63. 2021 unused increment rate. Subtract the 2021 actual tax rate and the 2021 unused increment rate from the 2021 voter-approval tax rate. If the number is less than zero, enter zero.$ __________/$100 64.2020 unused increment rate. Subtract the 2020 actual tax rate and the 2020 unused increment rate from the 2020 voter-approval tax rate. If the number is less than zero, enter zero. $ __________/$100 65.2019 unused increment rate. Subtract the 2019 actual tax rate and the 2019 unused increment rate from the 2019 voter-approval tax rate. If the number is less than zero, enter zero. If the year is prior to 2020, enter zero.$ __________/$100 66.2022 unused increment rate. Add Lines 63, 64 and 65.$ __________/$100 67.2022 voter-approval tax rate, adjusted for unused increment rate. Add Line 66 to one of the following lines (as applicable): Line 49, Line D49 (disaster), Line 50 (counties), Line 58 (taxing units with the additional sales tax) or Line 62 (taxing units with pollution control).$ __________/$100 Line De Minimis Rate Worksheet Amount/Rate 68. Adjusted 2022 NNR M&O tax rate. Enter the rate from Line 39 of the Voter-Approval Tax Rate Worksheet $ __________/$100 69.2022 total taxable value. Enter the amount on Line 21 of the No-New-Revenue Tax Rate Worksheet.$ _____________ 70.Rate necessary to impose $500,000 in taxes. Divide $500,000 by Line 69 and multiply by $100.$ __________/$100 71.2022 debt rate. Enter the rate from Line 48 of the Voter-Approval Tax Rate Worksheet.$ __________/$100 72.De minimis rate. Add Lines 68, 70 and 71.$ __________/$100 The unused increment rate is the rate equal to the difference between the adopted tax rate and voter-approval tax rate before the unused increment rate for the prior three years. 39 In a year where a taxing unit adopts a rate by applying any portion of the unused increment rate, the unused increment rate for that year would be zero. The difference between the adopted tax rate and voter-approval tax rate is considered zero in the following scenarios: • a tax year before 2020; 40 • a tax year in which the municipality is a defunding municipality, as defined by Tax Code Section 26.0501(a); 41 or • after Jan. 1, 2022, a tax year in which the comptroller determines that the county implemented a budget reduction or reallocation described by Local Government Code Section 120.002(a) without the required voter approval. 42 This section should only be completed by a taxing unit that does not meet the definition of a special taxing unit. 43 SECTION 6: De Minimis Rate The de minimis rate is the rate equal to the sum of the no-new-revenue maintenance and operations rate, the rate that will raise $500,000, and the current debt rate for a taxing unit. 44 This section should only be completed by a taxing unit that is a municipality of less than 30,000 or a taxing unit that does not meet the definition of a special taxing unit. 45 SECTION 7: Voter-Approval Tax Rate Adjustment for Emergency Revenue Rate In the tax year after the end of the disaster calculation time period detailed in Tax Code Section 26.042(a), a taxing unit that calculated its voter-approval tax rate in the manner provided for a special taxing unit due to a disaster must calculate its emergency revenue rate and reduce its voter-approval tax rate for that year.46 Similarly, if a taxing unit adopted a tax rate that exceeded its voter-approval tax rate, calculated normally, without holding an election to respond to a disaster, as allowed by Tax Code Section 26.042(d), in the prior year, it must also reduce its voter-approval tax rate for the current tax year. 47 This section will apply to a taxing unit other than a special taxing unit that: • directed the designated officer or employee to calculate the voter-approval tax rate of the taxing unit in the manner provided for a special taxing unit in the prior year; and • the current year is the first tax year in which the total taxable value of property taxable by the taxing unit as shown on the appraisal roll for the taxing unit submitted by the assessor for the taxing unit to the governing body exceeds the total taxable value of property taxable by the taxing unit on January 1 of the tax year in which the disaster occurred or the disaster occurred four years ago. 39 Tex. Tax Code § 26.013(a) 40 Tex. Tax Code § 26.013(c) 41 Tex. Tax Code §§ 26.0501(a) and (c) 42 Tex. Local Gov’t Code § 120.007(d), effective Jan. 1, 2022 43 Tex. Tax Code § 26.063(a)(1) 44 Tex. Tax Code § 26.012(8-a) 45 Tex. Tax Code § 26.063(a)(1) 46 Tex. Tax Code §26.042(b) 47 Tex. Tax Code §26.042(f) For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 8 0.006606 0.020157 0 0.026763 0.446677 0.309290 2,179,896,855 0.022936 0.099799 0.432025 156 2022 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 This section will apply to a taxing unit in a disaster area that adopted a tax rate greater than its voter-approval tax rate without holding an election in the prior year. Note: This section does not apply if a taxing unit is continuing to calculate its voter-approval tax rate in the manner provided for a special taxing unit because it is still within the disaster calculation time period detailed in Tax Code Section 26.042(a) because it has not met the conditions in Tax Code Section 26.042(a)(1) or (2). Line Emergency Revenue Rate Worksheet Amount/Rate 73.2021 adopted tax rate. Enter the rate in Line 4 of the No-New-Revenue Tax Rate Worksheet.$ __________/$100 75.Increase in 2021 tax rate due to disaster. Subtract Line 74 from Line 73.$ __________/$100 76.Adjusted 2021 taxable value. Enter the amount in Line 14 of the No-New-Revenue Tax Rate Worksheet.$ _____________ 77.Emergency revenue. Multiply Line 75 by Line 76 and divide by $100.$ _____________ 78.Adjusted 2022 taxable value. Enter the amount in Line 25 of the No-New-Revenue Tax Rate Worksheet.$ _____________ 79.Emergency revenue rate. Divide Line 77 by Line 78 and multiply by $100. 49 $ __________/$100 80.2022 voter-approval tax rate, adjusted for emergency revenue. Subtract Line 79 from one of the following lines (as applicable): Line 49, Line D49 (disaster), Line 50 (counties), Line 58 (taxing units with the additional sales tax), Line 62 (taxing units with pollution control) or Line 67 (taxing units with the unused increment rate).$ __________/$100 74. $ __________/$100 Adjusted 2021 voter-approval tax rate. Use the taxing unit’s Tax Rate Calculation Worksheets from the prior year(s) to complete this line. If a disaster occurred in 2021 and the taxing unit calculated its 2021 voter-approval tax rate using a multiplier of 1.08 on Disaster Line 41 (D41) of the 2021 worksheet due to a disaster, enter the 2021 voter-approval tax rate as calculated using a multiplier of 1.035 from Line 49. - or - If a disaster occurred prior to 2021 for which the taxing unit continued to calculate its voter-approval tax rate using a multiplier of 1.08 on Disaster Line 41 (D41) in 2021, complete the separate Adjusted Voter-Approval Tax Rate for Taxing Units in Disaster Area Calculation Worksheet to recalculate the voter-approval tax rate the taxing unit would have calculated in 2021 if it had generated revenue based on an adopted tax rate using a multiplier of 1.035 in the year(s) following the disaster. 48 Enter the final adjusted 2021 voter-approval tax rate from the worksheet. - or - If the taxing unit adopted a tax rate above the 2021 voter-approval tax rate without calculating a disaster tax rate or holding an election due to a disaster, no recalculation is necessary. Enter the voter-approval tax rate from the prior year’s worksheet. SECTION 8: Total Tax Rate Indicate the applicable total tax rates as calculated above. No-new-revenue tax rate. ................................................................................................................$ __________/$100 As applicable, enter the 2022 NNR tax rate from: Line 26, Line 27 (counties), or Line 56 (adjusted for sales tax). Indicate the line number used: ______ Vot over-appr al tax rate ...................................................................................................................$ __________/$100 As applicable, enter the 2022 voter-approval tax rate from: Line 49, Line D49 (disaster), Line 50 (counties), Line 58 (adjusted for sales tax), Line 62 (adjusted for pollution control), Line 67 (adjusted for unused increment), or Line 80 (adjusted for emergency revenue). Indicate the line number used: ______ De minimis rate...........................................................................................................................$ __________/$100 If applicable, enter the 2022 de minimis rate from Line 72. SECTION 9: Taxing Unit Representative Name and Signature Enter the name of the person preparing the tax rate as authorized by the governing body of the taxing unit. By signing below, you certify that you are the designated officer or employee of the taxing unit and have accurately calculated the tax rates using values that are the same as the values shown in the taxing unit’s certified appraisal roll or certified estimate of taxable value, in accordance with requirements in Tax Code. 50 ____________________________________________________________ Printed Name of Taxing Unit Representative ____________________________________________________________ ________________________________________ Taxing Unit Representative Date 48 Tex. Tax Code §26.042(c) 49 Tex. Tax Code §26.042(b) 50 Tex. Tax Code §§ 26.04(c-2) and (d-2) For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 9 0.408580 0.446677 0.432025 0.445000 1,984,934,311 0 0.445000 8,832,957 2,167,156,316 0 0.446677 26 80 157 Notice about 2022 Tax Rates Property tax rates in TOWN OF TROPHY CLUB. This notice concerns the 2022 property tax rates for TOWN OF TROPHY CLUB. This notice provides information about two tax rates used in adopting the current tax year's tax rate. The no- new-revenue tax rate would Impose the same amount of taxes as last year if you compare properties taxed in both years. In most cases, the voter-approval tax rate is the highest tax rate a taxing unit can adopt without holding an election. In each case, these rates are calculated by dividing the total amount of taxes by the current taxable value with adjustments as required by state law. The rates are given per $100 of property value. This year's no-new-revenue tax rate $0.408580/$100 This year's voter-approval tax rate $0.446677/$100 To see the full calculations, please visit 1505 E. McKinney Street Denton, TX 76209 for a copy of the Tax Rate Calculation Worksheet. Unencumbered Fund Balances The following estimated balances will be left in the taxing unit's accounts at the end of the fiscal year. These balances are not encumbered by corresponding debt obligation. Type of Fund Balance GENERAL FUND 5,800,000 DEBT SERVICE FUND 94,000 Current Year Debt Service The following amounts are for long-term debts that are secured by property taxes. These amounts will be paid from upcoming property tax revenues (or additional sales tax revenues, if applicable). Description of Debt Principal or Contract Payment to be Paid from Property Taxes Interest to be Paid from Property Taxes Other Amounts to be Paid Total Payment CO SERIES 2004 33,000 3,230 0 36,230 CO SERIES 2013 265,000 26,468 0 291,468 CO SERIES 2014 120,000 55,637 0 175,637 GO REFUNDING SERIES 2015 235,000 15,696 0 250,696 GO SERIES 2016 230,000 97,325 0 327,325 CO SERIES 2016 195,000 84,806 0 279,806 CO SERIES 2017 165,000 88,675 0 253,675 GO REFUNDING SERIES 2020 240,000 23,606 0 263,606 CO SERIES 2021 575,000 93,750 0 668,750 0 0 0 0 0 0 0 0 Total required for 2022 debt service $2,547,193 - Amount (if any) paid from funds listed in unencumbered funds $0 - Amount (if any) paid from other resources $0 - Excess collections last year $371,666 = Total to be paid from taxes in 2022 $2,175,527 + Amount added in anticipation that the unit will collect only 100.00% of its taxes in 2022 $0 = Total debt levy $2,175,527 This notice contains a summary of actual no-new-revenue and voter-approval calculations as certified by Michelle French, Denton County Tax Assessor/Collector on 07/29/2022 . Visit Texas.gov/PropertyTaxes to find a link to your local property tax database on which you can easily access information regarding your property taxes, including information about proposed tax rates and scheduled public hearings of each entity that taxes your property.158 The 86th Texas Legislature modified the manner in which the voter-approval tax rate is calculated to limit the rate of growth of property taxes in the state. 159 Page 1 of 2 To: Mayor and Town Council From: Wade Carroll, Town Manager CC: Anita Otterson, Town Secretary Re: Resolution approving tax roll for 2022 Town Council Meeting, September 13, 2022 Agenda Item: Consider and take appropriate action regarding a Resolution of the Town Council approving the tax roll of the Denton Central Appraisal District (DCAD) and Tarrant County Appraisal District (TAD) for 2022; and providing an effective date (W. Carroll). Strategic Link: Administrative & Financial Services – Exercise fiscal discipline in all Town operations. Background and Explanation: The current tax rate of $0.435 per $100 assessed valuation from the DCAD and TAD certified total provides a total levy of $11,146,512 as presented below: Financial Considerations: The tax calculation can be broken up into three separate pieces: base, rate, and levy. The Town’s base is a culmination of all taxable values in Trophy Club, which is provided by both Denton and Tarrant County. Without the adoption of the tax rolls from both counties the Town of Trophy Club cannot set a tax rate because it has not certified what it considers its base. Legal Review: None applicable Column1 M&O I&S TIRZ TOTAL Freeze Adjusted Value - Tax Base 2,222,351,679$ 2,222,351,679$ 17,408,396$ 2,239,760,075$ Tax Rate 0.335000 0.100000 0.435000 0.435000 Tax Levy 7,444,878$ 2,222,352$ 75,727$ 9,742,956$ Frozen Taxes 1,080,899$ 322,656$ 1,403,556$ To tal Tax L evy 8,525,777$ 2,545,008$ 75,727$ 11,146,512$ 160 Page 2 of 2 Board/Commission/ or Committee Recommendation: None applicable Staff Recommendation: Staff recommends approval of Resolution No. 2022-11 Attachments: •Resolution No. 2022-11 161 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2022-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING THE TAX ROLL OF THE DENTON CENTRAL APPRAISAL DISTRICT AND TARRANT APPRAISAL DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Central Appraisal District and Tarrant Appraisal District have each presented a certified tax roll to the Town of Trophy Club, Texas which includes all taxable property within Trophy Club that is located in both Denton and Tarrant Counties; and WHEREAS, the Town Council desires to approve and accept both certified rolls, and a copy of each are attached hereto and incorporated herein as Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the tax roll of the Denton Central Appraisal District and Tarrant Appraisal District for the Town of Trophy Club, Texas for the tax year 2022, a true and correct copy of each being attached as Exhibit “A” and incorporated herein, is approved and accepted. Such tax roll shall constitute the Town’s tax roll for the 2021 tax year. Section 2. That this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas on this 13th day of September 2022. Alicia Fleury, Mayor Town of Trophy Club, Texas ATTEST:[SEAL] APPROVED AS TO FORM: Anita Otterson, Town Secretary J. David Dodd III, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas 162 EXHIBIT “A” CERTIFIED TAX ROLLS FOR DENTON COUNTY AND TARRANT COUNTY 163 Jeff Law, Chief Appraiser Tarrant Appraisal District 2500 Handley Ederville Road - Fort Worth, Texas 76118 - 817.284.0024 1 TOWN OF TROPHY CLUB 044 Appraisal Roll Information Valuation Summary as of July 21, 2022 2022 Certified Property Information I, Jeff Law, Chief Appraiser for the Tarrant Appraisal District, to the best of my ability do solemnly swear that the attached is that portion of the appraisal roll for the Tarrant Appraisal District which lists property taxable by the above-named entity and constitutes their Certified Appraisal Roll. APPRAISED VALUE (Considers Value Caps) - - - - - - - - - - - - - - - - - - - - - - - - -> $ 170,598,521 Number of Accounts: 242 Absolute Exemptions $ 13,222,482 Cases before ARB – Appraised Value $ 1,488,394 Incompletes $ 1,220,194 Partial Exemptions $ 3,409,981 In Process $ 0 NET TAXABLE VALUE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - > $ 151,257,470 Appraised Value minus Absolute Exemption amount, minus Cases before ARB amount, minus Incompletes, minus Partial Exemptions, minus the In Process accounts equals the Net Taxable Value. ESTIMATED NET TAXABLE VALUE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -> $ 153,145,459 Including suggested values to be used for pending ARB accounts (see page two), Incompletes (see page three) and In Process accounts (see page four). _________________________________ Jeff Law, Chief Appraiser 164 Jeff Law, Chief Appraiser Tarrant Appraisal District 2500 Handley Ederville Road - Fort Worth, Texas 76118 - 817.284.0024 2 TOWN OF TROPHY CLUB 044 Appraisal Roll Information Valuation Summary as of July 21, 2022 2022 Appraisal Review Board Information Section 25.01 (c) of the State Property Tax code directs the Chief Appraiser to prepare a list of all properties under protest with the Appraisal Review Board and pending disposition at the time of value roll certification. The values below are from the ARB roll and are not included in the totals by the Chief Appraiser and represented on page 1 of this report. $ 1,488,394 Total appraised value of properties under protest. $ 1,476,933 Net taxable value of properties under protest. $ 1,033,853 Estimated minimum taxable value for the same properties. This value should be added to the net taxable value on page one. 165 Jeff Law, Chief Appraiser Tarrant Appraisal District 2500 Handley Ederville Road - Fort Worth, Texas 76118 - 817.284.0024 3 TOWN OF TROPHY CLUB 044 Appraisal Roll Information Valuation Summary as of July 21, 2022 2022 Incomplete Property Information Section 26.01(d) of the State Property Tax Code directs the Chief Appraiser to prepare a list of all properties that are not on the appraisal roll and not included on the ARB roll. The values below are from the incomplete property listing and are not included in the totals by the Chief Appraiser and represented on page 1 of this report. The value of incomplete properties are subject to change and are also subject to appeal before the Appraisal Review Board. $ 1,220,194 Total appraised value of incomplete properties $ 1,220,194 Net taxable value of properties under of incomplete properties. $ 854,136 Estimated minimum taxable value for the same properties. This value should be added to the net taxable value on page one 166 Jeff Law, Chief Appraiser Tarrant Appraisal District 2500 Handley Ederville Road - Fort Worth, Texas 76118 - 817.284.0024 4 TOWN OF TROPHY CLUB 044 Appraisal Roll Information Valuation Summary as of July 21, 2022 2022 In Process Property Information The values below are from In Process properties and are not included in the totals by the Chief Appraiser and represented on page 1 of this report. $ 0 Total appraised value of In Process properties $ 0 Estimated net taxable value of In Process properties. This value should be added to the net taxable value on page one. 167 Tarrant Appraisal District TOWN OF TROPHY CLUB 044 Totals for Roll Instance July Roll 2022 Value Detail Market Appraised Counts Taxable Real Estate Residential 71,947,871 68,152,169 168 64,919,009 Real Estate Commercial 89,734,196 89,734,196 27 76,511,714 Real Estate Industrial 0 0 0 0 Personal Property Commercial 12,712,156 12,712,156 47 12,523,874 Personal Property Industrial 0 0 0 0 Mineral Lease Properties 0 0 0 0 Agricultural Properties 0 0 0 0 Total Value 174,394,223 170,598,521 242 153,954,597 Pending Detail Market Appraised Counts Taxable Cases Before ARB 1,609,143 1,488,394 6 1,476,933 Incomplete Accounts 1,220,194 1,220,194 16 1,220,194 In Process Accounts 0 0 3 0 Certified Value 171,564,886 167,889,933 217 151,257,470 7/20/2022 7:04:56 AM Page 207 of 536 168 TOWN OF TROPHY CLUB Exemption Detail Market Exempt Counts Appraised Absolute Public 10,487,067 10,487,067 9 10,487,067 Absolute Charitable 0 0 0 0 Absolute Miscellaneous 0 0 0 0 Absolute Religious & Private Schools 2,735,415 2,735,415 1 2,735,415 Indigent Housing 0 0 0 0 Nominal Value 1,500 1,500 1 1,500 Disabled Vet 10-29%409,370 5,000 1 389,325 Disabled Vet 30-49%0 0 0 0 Disabled Vet 50-69%0 0 0 0 Disabled Vet 70-99%2,723,110 84,000 7 2,634,168 Disabled Vet 100%1,074,551 859,065 3 1,015,215 Surviving Spouse Disabled Vet 100%0 0 0 0 Donated Disabled Vet 0 0 0 0 Surviving Spouse Donated Disabled Vet 0 0 0 0 Surviving Spouse KIA Armed Service Member 0 0 0 0 Transfer Base Value for SS Disable Vet 0 0 0 0 Inventory 0 0 0 0 Homestead State Mandated-General 0 0 0 0 Homestead State Mandated-Over 65 0 0 0 0 Homestead State Mandated-Disabled Person 0 0 0 0 Homestead State Mandated-Disabled Person Over 65 0 0 0 0 Homestead Local Option-General 61,667,909 676,584 136 57,992,956 Homestead Local Option-Over 65 20,656,522 1,597,050 48 19,018,627 Homestead Local Option-Disabled Person 0 0 0 0 Homestead Local Option-Disabled Person Over 65 0 0 0 0 Solar & Wind Powered Devices 0 0 0 0 Pollution control 0 0 0 0 Community Housing Development 0 0 0 0 Abatements 0 0 0 0 Historic Sites 0 0 0 0 Foreign Trade Zone 0 0 0 0 Misc Personal Property (Vehicles, etc.)186,782 186,782 4 186,782 Surviving Spouse of First Responder KLD 0 0 0 0 Transfer Base Value SS KIA Armed Service Member 0 0 0 0 Transfer Base Value SS of First Responder KLD 0 0 0 0 Property Damaged by Disaster 0 0 0 0 Total Exemptions 16,632,463 210 7/20/2022 7:04:56 AM Page 208 of 536 169 TOWN OF TROPHY CLUB Deferrals Market Deferred Counts Appraised Ag Deferrals 0 0 0 0 Scenic Deferrals 0 0 0 0 Public Access Airports 0 0 0 0 Other Deferrals 0 0 0 0 Total Deferrals 0 0 0 0 7/20/2022 7:04:56 AM Page 209 of 536 170 TOWN OF TROPHY CLUB New Exemptions Market Exempt Counts Appraised Absolute Public 0 0 0 0 Absolute Charitable 0 0 0 0 Absolute Miscellaneous 0 0 0 0 Absolute Religious & Private Schools 0 0 0 0 Indigent Housing 0 0 0 0 Nominal Value 0 0 0 0 Disabled Vet 10-29%0 0 0 0 Disabled Vet 30-49%0 0 0 0 Disabled Vet 50-69%0 0 0 0 Disabled Vet 70-99%435,655 12,000 1 435,655 Disabled Vet 100%0 0 0 0 Surviving Spouse Disabled Vet 100%0 0 0 0 Donated Disabled Vet 0 0 0 0 Surviving Spouse Donated Disabled Vet 0 0 0 0 Surviving Spouse KIA Armed Service Member 0 0 0 0 Transfer Base Value for SS Disable Vet 0 0 0 0 Inventory 0 0 0 0 Homestead State Mandated-General 0 0 0 0 Homestead State Mandated-Over 65 0 0 0 0 Homestead State Mandated-Disabled Person 0 0 0 0 Homestead State Mandated-Disabled Person Over 65 0 0 0 0 Homestead Local Option-General 1,778,515 21,200 4 1,778,515 Homestead Local Option-Over 65 1,271,460 70,000 2 1,203,770 Homestead Local Option-Disabled Person 0 0 0 0 Homestead Local Option-Disabled Person Over 65 0 0 0 0 Solar & Wind Powered Devices 0 0 0 0 Pollution control 0 0 0 0 Community Housing Development 0 0 0 0 Abatements 0 0 0 0 Historic Sites 0 0 0 0 Foreign Trade Zone 0 0 0 0 Misc Personal Property (Vehicles, etc.)29,204 29,204 1 29,204 Surviving Spouse of First Responder KLD 0 0 0 0 Transfer Base Value SS KIA Armed Service Member 0 0 0 0 Transfer Base Value SS of First Responder KLD 0 0 0 0 Property Damaged by Disaster 0 0 0 0 Total New Exemptions 132,404 8 7/20/2022 7:04:56 AM Page 210 of 536 171 TOWN OF TROPHY CLUB New Construction New Value Counts Taxable All Real Estate 0 0 0 New business in new improvement 0 0 0 Total New Construction 0 0 0 0 New Construction in Residential 0 0 0 New Construction in Commercial 0 0 0 Market Appraised Counts Taxable Annexation 0 0 0 0 Deannexation 0 0 0 0 Tax Ceiling Market Taxable Counts Ceiling Amount Over 65 20,656,522 16,272,877 48 49,340.00 Disable Person 868,605 753,825 2 2,138.00 Disabled Person Over 65 0 0 0 0.00 Total Ceilings 21,525,127 17,026,702 50 51,478.00 New Over 65 Ceilings 2,419,385 0 4 0.00 New Disabled Person Ceilings 0 0 0 0.00 New Disabled Person Over 65 Ceilings 0 0 0 0 Capped Accounts Market Cap Loss Counts Appraised Cap Total 38,281,968 3,674,953 88 34,607,015 New Cap this Year 11,345,267 1,148,640 24 10,196,627 All Exemptions by Group Market Exempt Counts Appraised Residential 61,667,909 3,221,699 136 57,992,956 Commercial 13,410,764 13,410,764 15 13,410,764 Industrial 0 0 0 0 Mineral Lease 0 0 0 0 Agricultural 0 0 0 0 Exemption Total 16,632,463 151 Market Exempt Counts Appraised Prorated Absolute 0 0 0 0 Multi-Prorated Absolute 0 0 0 0 Current Taxable Counts Appraised Value Loss - 25.25(d)0 0 0 Average Market Average Appraised Counts Average Taxable Averages for Value Single Family 450,259 426,720 156 406,079 7/20/2022 7:04:56 AM Page 211 of 536 172 Entity Exemptions Report 2022 JULY ROLL 044 TOWN OF TROPHY CLUB Page 1 of 3 7/20/2022 10:33:58 AM Exemption Type Certified Loss Count ARB Loss Count Incomplete Loss Count Total Loss Count Abatements $0 0 $0 0 $0 0 $0 0 Absolute Charitable $0 0 $0 0 $0 0 $0 0 Absolute Miscellaneous $0 0 $0 0 $0 0 $0 0 Absolute Public $10,487,067 9 $0 0 $0 0 $10,487,067 9 Absolute Religious & Private Schools $2,735,415 1 $0 0 $0 0 $2,735,415 1 Community Housing Development $0 0 $0 0 $0 0 $0 0 Disabled Vet 100%$859,065 3 $0 0 $0 0 $859,065 3 Disabled Vet 10-29%$5,000 1 $0 0 $0 0 $5,000 1 Disabled Vet 30-49%$0 0 $0 0 $0 0 $0 0 Disabled Vet 50-69%$0 0 $0 0 $0 0 $0 0 Disabled Vet 70-99%$84,000 7 $0 0 $0 0 $84,000 7 Donated Disabled Vet $0 0 $0 0 $0 0 $0 0 Foreign Trade Zone $0 0 $0 0 $0 0 $0 0 Historic Sites $0 0 $0 0 $0 0 $0 0 Homestead Local Option-Disabled Person $0 0 $0 0 $0 0 $0 0 Homestead Local Option-Disabled Person Over 65 $0 0 $0 0 $0 0 $0 0 Homestead Local Option-General $676,584 136 $11,461 2 $0 0 $688,045 138 Homestead Local Option-Over 65 $1,597,050 48 $0 0 $0 0 $1,597,050 48 Homestead State Mandated-Disabled Person $0 0 $0 0 $0 0 $0 0 Homestead State Mandated-Disabled Person Over 65 $0 0 $0 0 $0 0 $0 0 Homestead State Mandated-General $0 0 $0 0 $0 0 $0 0 Homestead State Mandated-Over 65 $0 0 $0 0 $0 0 $0 0 Indigent Housing $0 0 $0 0 $0 0 $0 0 Inventory $0 0 $0 0 $0 0 $0 0 Misc Personal Property (Vehicles, etc.)$186,782 4 $0 0 $0 0 $186,782 4 Nominal Value $1,500 1 $0 0 $0 0 $1,500 1 Pollution control $0 0 $0 0 $0 0 $0 0 Property Damaged by Disaster $0 0 $0 0 $0 0 $0 0 Solar & Wind Powered Devices $0 0 $0 0 $0 0 $0 0 Surviving Spouse Disabled Vet 100%$0 0 $0 0 $0 0 $0 0 Surviving Spouse Donated Disabled Vet $0 0 $0 0 $0 0 $0 0 173 Entity Exemptions Report 2022 JULY ROLL 044 TOWN OF TROPHY CLUB Page 2 of 3 7/20/2022 10:33:58 AM Exemption Type Certified Loss Count ARB Loss Count Incomplete Loss Count Total Loss Count Surviving Spouse KIA Armed Service Member $0 0 $0 0 $0 0 $0 0 Surviving Spouse of First Responder KLD $0 0 $0 0 $0 0 $0 0 Transfer Base Value for SS Disable Vet $0 0 $0 0 $0 0 $0 0 Transfer Base Value SS KIA Armed Service Member $0 0 $0 0 $0 0 $0 0 Transfer Base Value SS of First Responder KLD $0 0 $0 0 $0 0 $0 0 Subtotals ==>$16,632,463 210 $11,461 2 $0 0 $16,643,924 212 174 Entity Exemptions Report 2022 JULY ROLL 044 TOWN OF TROPHY CLUB Page 3 of 3 7/20/2022 10:33:58 AM Total Appraised *$170,598,521 Absolute Exempt $13,222,482 Cases Before ARB $1,488,394 Incompletes $1,220,194 Partial Exemptions $3,409,981 Calculated Net Taxable Value $151,257,470 Total # of Accounts *242 * Only includes totals from Agricultural Properties, Mineral Lease Properties, Personal Property Commercial, Personal Property Industrial, Real Estate Commercial, Real Estate Industrial, and Real Estate Residential. Entity Totals Exemption Type Certified Loss Count ARB Loss Count Incomplete Loss Count Total Loss Count Prorated Absolute (included in above Absolute categories)$0 0 $0 0 $0 0 $0 0 Deferral Type Certified Loss Count ARB Loss Count Incomplete Loss Count Total Loss Count Ag Deferrals $0 0 $0 0 $0 0 $0 0 Scenic Deferrals $0 0 $0 0 $0 0 $0 0 Subtotals ==>$0 0 $0 0 $0 0 $0 0 In Process $0 175 Current Use Code Report - Certified Entity: 044 TOWN OF TROPHY CLUB Page 1 of 2 7/20/2022 12:22:32 PM G r o Category Roll Status # of Accts Market Value Appraised Value Taxable Value Ag Acreage Ag Deferred New Const. Value A -- "Residential SingleFamily"ARB 3 $1,591,286 $1,470,537 $1,459,076 0.0000 $0 $0 A -- "Residential SingleFamily"Certified 156 $70,240,483 $66,568,455 $63,348,356 0.0000 $0 $0 A -- "Residential SingleFamily" Totals:159 $71,831,769 $68,038,992 $64,807,432 0.0000 $0 $0 BC -- "MultiFamily Commercial"Certified 2 $23,500,000 $23,500,000 $23,500,000 0.0000 $0 $0 BC -- "MultiFamily Commercial" Totals:2 $23,500,000 $23,500,000 $23,500,000 0.0000 $0 $0 C1 -- "Vacant Land Residential"Certified 9 $116,102 $113,177 $111,577 0.0000 $0 $0 C1 -- "Vacant Land Residential" Totals:9 $116,102 $113,177 $111,577 0.0000 $0 $0 C1C -- "Vacant Land Commercial"Certified 1 $268,132 $268,132 $268,132 0.0000 $0 $0 C1C -- "Vacant Land Commercial" Totals:1 $268,132 $268,132 $268,132 0.0000 $0 $0 F1 -- "Commercial"Certified 14 $52,743,582 $52,743,582 $52,743,582 0.0000 $0 $0 F1 -- "Commercial" Totals:14 $52,743,582 $52,743,582 $52,743,582 0.0000 $0 $0 J3C -- "VarX Utility Electric Companies"Certified 2 $533,970 $533,970 $533,970 0.0000 $0 $0 J3C -- "VarX Utility Electric Companies"Incomplete 1 $1,910 $1,910 $1,910 0.0000 $0 $0 J3C -- "VarX Utility Electric Companies" Totals:3 $535,880 $535,880 $535,880 0.0000 $0 $0 J4C -- "VarX Utility Telephone Companies"ARB 3 $17,857 $17,857 $17,857 0.0000 $0 $0 J4C -- "VarX Utility Telephone Companies"Incomplete 1 $7,120 $7,120 $7,120 0.0000 $0 $0 J4C -- "VarX Utility Telephone Companies" Totals:4 $24,977 $24,977 $24,977 0.0000 $0 $0 L1 -- "Personal Property Tangible Commercial"Certified 8 $10,365,975 $10,365,975 $10,364,475 0.0000 $0 $0 L1 -- "Personal Property Tangible Commercial"Incomplete 2 $1,145,073 $1,145,073 $1,145,073 0.0000 $0 $0 L1 -- "Personal Property Tangible Commercial" Totals:10 $11,511,048 $11,511,048 $11,509,548 0.0000 $0 $0 L1C -- "VarX Commercial"Certified 15 $574,160 $574,160 $387,378 0.0000 $0 $0 L1C -- "VarX Commercial"Incomplete 12 $66,091 $66,091 $66,091 0.0000 $0 $0 This report contains All Excluding Absolutes Process Code: 220 Table Group Name: "July Roll" 176 Current Use Code Report - Certified Entity: 044 TOWN OF TROPHY CLUB Page 2 of 2 7/20/2022 12:22:32 PM G r o Category Roll Status # of Accts Market Value Appraised Value Taxable Value Ag Acreage Ag Deferred New Const. Value L1C -- "VarX Commercial"InProcess 3 $0 $0 $0 0.0000 $0 $0 L1C -- "VarX Commercial" Totals:30 $640,251 $640,251 $453,469 0.0000 $0 $0 ARB Totals:6 $1,609,143 $1,488,394 $1,476,933 0.0000 $0 $0 Certified Totals:207 $158,342,404 $154,667,451 $151,257,470 0.0000 $0 $0 Incomplete Totals:16 $1,220,194 $1,220,194 $1,220,194 0.0000 $0 $0 In Process Totals:3 $0 $0 $0 0.0000 $0 $0 Report Totals:232 $161,171,741 $157,376,039 $153,954,597 0.0000 $0 $0 This report contains All Excluding Absolutes Process Code: 220 Table Group Name: "July Roll" 177 Entities Residential Graph Report 7/20/2022 10:55:17 AMTOWN OF TROPHY CLUB 2022 Total Parcel Counts:156 Average Market:450,259 Average NTV:406,079 178 TARRANT APPRAISAL DISTRICT TIF ACCOUNT LISTING 7/16/2022 PAGE 1 TIF: 000050 TROPHY CLUB - TIF #1 TAX AUTHORITY: 044 TOWN OF TROPHY CLUB 2022 2022 PIN AIN CURRENT MARKET CURRENT TAXABLE CURRENT NEW CONSTRUCTION Category Code EXEMPTIONS ARB LITIGATION ASSESSMENT STATUS 40760057 43814M---B----4---91 8,446,849*0 0 F1 PUBLIC Certified 40760065 43814M---B----5---91 23,562*0 0 C1C PUBLIC Certified 40778509 A-742---1E-----91 892,851*0 0 C2C PUBLIC Certified 41328329 43814M---B----4---90 386,703*0 0 F1 PUBLIC Certified 41328337 43814M---B----5---90 64,214*0 0 C1C PUBLIC Certified 41328345 A-742---1E-----90 35,022*0 0 C1C PUBLIC Certified 41449797 43814M---A---3R1--91 7,526,397 7,526,397 0 F1 Certified 41449800 43814M---A---3R2 268,132 268,132 0 C1C Certified 41450426 43814M---A----3R1-90 20,603 20,603 0 F1 Certified 41451597 43814M---B----3R1-91 49,153*0 0 C1C PUBLIC Certified 41452747 43814M---B----3R1-90 552,123*0 0 C1C PUBLIC Certified 41640012 43814M---B----2R1-90 1,092,412 1,092,412 0 F1 Certified 41640020 43814M---B----2R2 2,850,000 2,850,000 0 F1 Certified 41640039 43814M---B----2R1-91 48,132 48,132 0 F1 Certified 41712749 43814M---B----3R3 4,787,000 4,787,000 0 F1 Certified 42077727 39257----1----1 7,307,000 7,307,000 0 F1 Certified 42330686 43814M---A----1R--90 2,939,433 2,939,433 0 F1 Certified 42330694 43814M---A----1R--91 1,260,567 1,260,567 0 F1 Certified 18 ACCOUNTS 28,099,676 28,099,676 0 ABSOLUTE EXEMPT ACCOUNTS 10,450,477 GRAND TOTAL ALL ACCOUNTS 38,550,153 28,099,676 0 ACCOUNTS MARKED WITH AN * ARE ABSOLUTE EXEMPTIONS 179 TARRANT APPRAISAL DISTRICT TIF ACCOUNT LISTING 7/16/2022 PAGE 2 TIF: 000050 TROPHY CLUB - TIF #1 TAX AUTHORITY: 220 TARRANT COUNTY 2022 2022 PIN AIN CURRENT MARKET CURRENT TAXABLE CURRENT NEW CONSTRUCTION Category Code EXEMPTIONS ARB LITIGATION ASSESSMENT STATUS 40760057 43814M---B----4---91 8,446,849*0 0 F1 PUBLIC Certified 40760065 43814M---B----5---91 23,562*0 0 C1C PUBLIC Certified 40778509 A-742---1E-----91 892,851*0 0 C2C PUBLIC Certified 41328329 43814M---B----4---90 386,703*0 0 F1 PUBLIC Certified 41328337 43814M---B----5---90 64,214*0 0 C1C PUBLIC Certified 41328345 A-742---1E-----90 35,022*0 0 C1C PUBLIC Certified 41449797 43814M---A---3R1--91 7,526,397 7,526,397 0 F1 Certified 41449800 43814M---A---3R2 268,132 268,132 0 C1C Certified 41450426 43814M---A----3R1-90 20,603 20,603 0 F1 Certified 41451597 43814M---B----3R1-91 49,153*0 0 C1C PUBLIC Certified 41452747 43814M---B----3R1-90 552,123*0 0 C1C PUBLIC Certified 41640012 43814M---B----2R1-90 1,092,412 1,092,412 0 F1 Certified 41640020 43814M---B----2R2 2,850,000 2,850,000 0 F1 Certified 41640039 43814M---B----2R1-91 48,132 48,132 0 F1 Certified 41712749 43814M---B----3R3 4,787,000 4,787,000 0 F1 Certified 42077727 39257----1----1 7,307,000 7,307,000 0 F1 Certified 42330686 43814M---A----1R--90 2,939,433 2,939,433 0 F1 Certified 42330694 43814M---A----1R--91 1,260,567 1,260,567 0 F1 Certified 18 ACCOUNTS 28,099,676 28,099,676 0 ABSOLUTE EXEMPT ACCOUNTS 10,450,477 GRAND TOTAL ALL ACCOUNTS 38,550,153 28,099,676 0 ACCOUNTS MARKED WITH AN * ARE ABSOLUTE EXEMPTIONS 180 DENTON County 2022 PRELIMINARY TOTALS C28 - TROPHY CLUB TOWN OF Not Under ARB Review TotalsProperty Count: 4,626 10:29:02AM9/2/2022 Land Value Homesite:556,748,744 Non Homesite:113,166,851 Ag Market:2,576,313 Timber Market:672,491,908Total Land (+)0 Improvement Value Homesite:1,925,232,603 Non Homesite:177,754,220 Total Improvements (+)2,102,986,823 Non Real ValueCount Personal Property:259 24,854,800 Mineral Property:00 Autos:00Total Non Real (+)24,854,800 Market Value =2,800,333,531 ExemptAg Non Exempt 2,576,313 0 Total Productivity Market: Ag Use:520 0 2,575,793 (-)Productivity Loss Timber Use:00 =Appraised Value 2,797,757,738 Productivity Loss:02,575,793 186,271,139(-)Homestead Cap =Assessed Value 2,611,486,599 (-)Total Exemptions Amount (Breakdown on Next Page) 210,068,447 =Net Taxable 2,401,418,152 Freeze Assessed Taxable Actual Tax Ceiling Count 7,486,446 7,391,852 25,943.74 25,943.74 16DP 481,496,024 433,972,032 1,382,344.90 1,394,051.47 961OV65 Total 488,982,470 441,363,884 1,419,995.21 Freeze Taxable (-)1,408,288.64 977 441,363,884 Tax Rate 0.4450000 Transfer Assessed Taxable Post % Taxable Adjustment Count OV65 1,534,021 1,413,105 1,197,116 215,989 3 Total 1,534,021 1,413,105 1,197,116 Transfer Adjustment (-)215,989 215,9893 =1,959,838,279Freeze Adjusted Taxable APPROXIMATE LEVY = (FREEZE ADJUSTED TAXABLE * (TAX RATE / 100)) + ACTUAL TAX 10,129,568.98 = 1,959,838,279 * (0.4450000 / 100) + 1,408,288.64 2,800,333,531Certified Estimate of Market Value: 2,401,418,152Certified Estimate of Taxable Value: Tax Increment Finance Value:0 Tax Increment Finance Levy:0.00 Page 349 of 2747C28/652983 181 DENTON County 2022 PRELIMINARY TOTALS C28 - TROPHY CLUB TOWN OF Exemption Breakdown StateLocalExemption Count Total 9/2/2022 10:31:41AMProperty Count: 4,626 Not Under ARB Review Totals DP 16 0 0 0 DV1 23 0 187,200 187,200 DV2 17 0 151,500 151,500 DV2S 1 0 7,500 7,500 DV3 20 0 196,000 196,000 DV3S 1 0 10,000 10,000 DV4 55 0 288,000 288,000 DV4S 6 0 12,000 12,000 DVHS 39 0 22,586,515 22,586,515 DVHSS 5 0 2,342,128 2,342,128 EX-XV 187 0 127,775,271 127,775,271 EX366 71 0 37,061 37,061 HS 3,392 21,668,320 0 21,668,320 OV65 975 33,220,062 0 33,220,062 OV65S 48 1,575,000 0 1,575,000 PC 1 11,890 0 11,890 Totals 56,475,272 153,593,175 210,068,447 Page 350 of 2747C28/652983 182 DENTON County 2022 PRELIMINARY TOTALS C28 - TROPHY CLUB TOWN OF Under ARB Review TotalsProperty Count: 266 10:29:02AM9/2/2022 Land Value Homesite:33,852,606 Non Homesite:1,047,148 Ag Market:0 Timber Market:34,899,754Total Land (+)0 Improvement Value Homesite:123,374,990 Non Homesite:2,059,668 Total Improvements (+)125,434,658 Non Real ValueCount Personal Property:14 5,482,800 Mineral Property:00 Autos:00Total Non Real (+)5,482,800 Market Value =165,817,212 ExemptAg Non Exempt 00Total Productivity Market: Ag Use:00 0 (-)Productivity Loss Timber Use:00 =Appraised Value 165,817,212 Productivity Loss:00 13,907,400(-)Homestead Cap =Assessed Value 151,909,812 (-)Total Exemptions Amount (Breakdown on Next Page) 2,316,505 =Net Taxable 149,593,307 Freeze Assessed Taxable Actual Tax Ceiling Count 589,140 582,488 2,237.99 2,237.99 1DP 14,404,406 13,431,953 46,614.11 47,096.24 23OV65 Total 14,993,546 14,014,441 49,334.23 Freeze Taxable (-)48,852.10 24 14,014,441 Tax Rate 0.4450000 Transfer Assessed Taxable Post % Taxable Adjustment Count OV65 727,578 685,302 619,331 65,971 1 Total 727,578 685,302 619,331 Transfer Adjustment (-)65,971 65,9711 =135,512,895Freeze Adjusted Taxable APPROXIMATE LEVY = (FREEZE ADJUSTED TAXABLE * (TAX RATE / 100)) + ACTUAL TAX 651,884.48 = 135,512,895 * (0.4450000 / 100) + 48,852.10 134,567,714Certified Estimate of Market Value: 132,134,415Certified Estimate of Taxable Value: Tax Increment Finance Value:0 Tax Increment Finance Levy:0.00 Page 351 of 2747C28/652983 183 DENTON County 2022 PRELIMINARY TOTALS C28 - TROPHY CLUB TOWN OF Exemption Breakdown StateLocalExemption Count Total 9/2/2022 10:31:41AMProperty Count: 266 Under ARB Review Totals DP 1000 DV1 2 0 10,000 10,000 EX-XV 1 0 1 1 HS 193 1,326,504 0 1,326,504 OV65 26 910,000 0 910,000 OV65S 2 70,000 0 70,000 Totals 2,306,504 10,001 2,316,505 Page 352 of 2747C28/652983 184 DENTON County 2022 PRELIMINARY TOTALS C28 - TROPHY CLUB TOWN OF Grand TotalsProperty Count: 4,892 10:29:02AM9/2/2022 Land Value Homesite:590,601,350 Non Homesite:114,213,999 Ag Market:2,576,313 Timber Market:707,391,662Total Land (+)0 Improvement Value Homesite:2,048,607,593 Non Homesite:179,813,888 Total Improvements (+)2,228,421,481 Non Real ValueCount Personal Property:273 30,337,600 Mineral Property:00 Autos:00Total Non Real (+)30,337,600 Market Value =2,966,150,743 ExemptAg Non Exempt 2,576,313 0 Total Productivity Market: Ag Use:520 0 2,575,793 (-)Productivity Loss Timber Use:00 =Appraised Value 2,963,574,950 Productivity Loss:02,575,793 200,178,539(-)Homestead Cap =Assessed Value 2,763,396,411 (-)Total Exemptions Amount (Breakdown on Next Page) 212,384,952 =Net Taxable 2,551,011,459 Freeze Assessed Taxable Actual Tax Ceiling Count 8,075,586 7,974,340 28,181.73 28,181.73 17DP 495,900,430 447,403,985 1,428,959.01 1,441,147.71 984OV65 Total 503,976,016 455,378,325 1,469,329.44 Freeze Taxable (-)1,457,140.74 1,001 455,378,325 Tax Rate 0.4450000 Transfer Assessed Taxable Post % Taxable Adjustment Count OV65 2,261,599 2,098,407 1,816,447 281,960 4 Total 2,261,599 2,098,407 1,816,447 Transfer Adjustment (-)281,960 281,9604 =2,095,351,174Freeze Adjusted Taxable APPROXIMATE LEVY = (FREEZE ADJUSTED TAXABLE * (TAX RATE / 100)) + ACTUAL TAX 10,781,453.46 = 2,095,351,174 * (0.4450000 / 100) + 1,457,140.74 2,934,901,245Certified Estimate of Market Value: 2,533,552,567Certified Estimate of Taxable Value: Tax Increment Finance Value:0 Tax Increment Finance Levy:0.00 Page 353 of 2747C28/652983 185 DENTON County 2022 PRELIMINARY TOTALS C28 - TROPHY CLUB TOWN OF Exemption Breakdown StateLocalExemption Count Total 9/2/2022 10:31:41AMProperty Count: 4,892 Grand Totals DP 17 0 0 0 DV1 25 0 197,200 197,200 DV2 17 0 151,500 151,500 DV2S 1 0 7,500 7,500 DV3 20 0 196,000 196,000 DV3S 1 0 10,000 10,000 DV4 55 0 288,000 288,000 DV4S 6 0 12,000 12,000 DVHS 39 0 22,586,515 22,586,515 DVHSS 5 0 2,342,128 2,342,128 EX-XV 188 0 127,775,272 127,775,272 EX366 71 0 37,061 37,061 HS 3,585 22,994,824 0 22,994,824 OV65 1,001 34,130,062 0 34,130,062 OV65S 50 1,645,000 0 1,645,000 PC 1 11,890 0 11,890 Totals 58,781,776 153,603,176 212,384,952 Page 354 of 2747C28/652983 186 DENTON County 2022 PRELIMINARY TOTALS C28 - TROPHY CLUB TOWN OF Not Under ARB Review TotalsProperty Count: 4,626 9/2/2022 10:31:41AM State Category Breakdown State Code Description Count Market ValueAcres New Value Taxable Value A SINGLE FAMILY RESIDENCE 4,114 $5,072,819 $2,481,838,461 $2,213,323,0971,095.6560 B MULTIFAMILY RESIDENCE 4 $0 $65,449,103 $65,449,10311.5471 C1 VACANT LOTS AND LAND TRACTS 18 $0 $2,247,556 $2,247,5567.0804 D1 QUALIFIED AG LAND 2 $0 $2,576,313 $5207.3930 D2 NON-QUALIFIED LAND 1 $0 $6,326 $6,326 E FARM OR RANCH IMPROVEMENT 14 $0 $759,946 $759,94629.6450 F1 COMMERCIAL REAL PROPERTY 36 $7,341,610 $94,979,880 $94,979,880489.8157 J2 GAS DISTRIBUTION SYSTEM 1 $0 $2,637,460 $2,637,460 J3 ELECTRIC COMPANY (INCLUDING C 3 $0 $8,757,260 $8,757,260 J4 TELEPHONE COMPANY (INCLUDI 10 $0 $1,328,320 $1,328,320 J7 CABLE TELEVISION COMPANY 4 $0 $819,300 $819,300 L1 COMMERCIAL PERSONAL PROPE 167 $0 $11,121,274 $11,109,384 X TOTALLY EXEMPT PROPERTY 258 $0 $127,812,332 $0432.1754 Totals 2,073.3126 $12,414,429 $2,800,333,531 $2,401,418,152 Page 355 of 2747C28/652983 187 DENTON County 2022 PRELIMINARY TOTALS C28 - TROPHY CLUB TOWN OF Under ARB Review TotalsProperty Count: 266 9/2/2022 10:31:41AM State Category Breakdown State Code Description Count Market ValueAcres New Value Taxable Value A SINGLE FAMILY RESIDENCE 248 $382,898 $157,360,982 $141,137,07867.0163 C1 VACANT LOTS AND LAND TRACTS 1 $0 $31,003 $31,0037.1174 E FARM OR RANCH IMPROVEMENT 1 $0 $8,509 $8,5094.3390 F1 COMMERCIAL REAL PROPERTY 1 $0 $2,933,917 $2,933,9172.2300 L1 COMMERCIAL PERSONAL PROPE 14 $0 $5,482,800 $5,482,800 X TOTALLY EXEMPT PROPERTY 1 $0 $1 $00.9700 Totals 81.6727 $382,898 $165,817,212 $149,593,307 Page 356 of 2747C28/652983 188 DENTON County 2022 PRELIMINARY TOTALS C28 - TROPHY CLUB TOWN OF Grand TotalsProperty Count: 4,892 9/2/2022 10:31:41AM State Category Breakdown State Code Description Count Market ValueAcres New Value Taxable Value A SINGLE FAMILY RESIDENCE 4,362 $5,455,717 $2,639,199,443 $2,354,460,1751,162.6723 B MULTIFAMILY RESIDENCE 4 $0 $65,449,103 $65,449,10311.5471 C1 VACANT LOTS AND LAND TRACTS 19 $0 $2,278,559 $2,278,55914.1978 D1 QUALIFIED AG LAND 2 $0 $2,576,313 $5207.3930 D2 NON-QUALIFIED LAND 1 $0 $6,326 $6,326 E FARM OR RANCH IMPROVEMENT 15 $0 $768,455 $768,45533.9840 F1 COMMERCIAL REAL PROPERTY 37 $7,341,610 $97,913,797 $97,913,797492.0457 J2 GAS DISTRIBUTION SYSTEM 1 $0 $2,637,460 $2,637,460 J3 ELECTRIC COMPANY (INCLUDING C 3 $0 $8,757,260 $8,757,260 J4 TELEPHONE COMPANY (INCLUDI 10 $0 $1,328,320 $1,328,320 J7 CABLE TELEVISION COMPANY 4 $0 $819,300 $819,300 L1 COMMERCIAL PERSONAL PROPE 181 $0 $16,604,074 $16,592,184 X TOTALLY EXEMPT PROPERTY 259 $0 $127,812,333 $0433.1454 Totals 2,154.9853 $12,797,327 $2,966,150,743 $2,551,011,459 Page 357 of 2747C28/652983 189 DENTON County 2022 PRELIMINARY TOTALS C28 - TROPHY CLUB TOWN OF Not Under ARB Review Totals 10:31:41AM9/2/2022Property Count: 4,626 CAD State Category Breakdown State Code Description Count Acres New Value Market Value Taxable Value A023 BUILDER HOME PLANS - REFERENC 3 $0 $0 $0 A1 REAL, RESIDENTIAL, SINGLE-FAMIL 3,563 $3,411,570 $2,058,545,749 $1,834,390,006916.1535 A5 TOWNHOMES 36 $712,119 $16,728,042 $16,488,2433.3965 A6 REAL, RESIDENTIAL GOLF COURSE 513 $949,130 $406,564,670 $362,444,848176.1060 B1 REAL, RESIDENTIAL, APARTMENTS 4 $0 $65,449,103 $65,449,10311.5471 C1 REAL, VACANT PLATTED RESIDENTI 15 $0 $1,270,418 $1,270,4182.9300 C2 COMMERCIAL VACANT LOT 3 $0 $977,138 $977,1384.1504 D1 QUALIFIED AG LAND 2 $0 $2,576,313 $5207.3930 D2 FARM AND RANCH IMPSS ON QUALI 1 $0 $6,326 $6,326 E1 LAND AND IMPROVEMENTS (NON A 2 $0 $650,364 $650,3641.4970 E4 VACANT NON QUALIFIED NON HOME 12 $0 $109,582 $109,58228.1480 F1 REAL COMMERCIAL 31 $7,341,610 $82,322,467 $82,322,467456.9657 F4 REAL - COMMERCIAL OFFICE CONDO 5 $0 $12,657,413 $12,657,41332.8500 J2 REAL & TANGIBLE PERSONAL, UTIL 1 $0 $2,637,460 $2,637,460 J3 REAL & TANGIBLE PERSONAL, UTIL 3 $0 $8,757,260 $8,757,260 J4 REAL & TANGIBLE PERSONAL, UTIL 10 $0 $1,328,320 $1,328,320 J7 REAL & TANGIBLE PERSONAL, UTIL 4 $0 $819,300 $819,300 L1 BPP TANGIBLE COMERCIAL PROPER 90 $0 $6,797,647 $6,785,757 L3 BPP TANGIBLE COMMERCIAL LEASE 76 $0 $4,148,627 $4,148,627 L5 AIRCRAFT 1 $0 $175,000 $175,000 X258$0 $127,812,332 $0432.1754 Totals 2,073.3126 $12,414,429 $2,800,333,531 $2,401,418,152 Page 358 of 2747C28/652983 190 DENTON County 2022 PRELIMINARY TOTALS C28 - TROPHY CLUB TOWN OF Under ARB Review Totals 10:31:41AM9/2/2022Property Count: 266 CAD State Category Breakdown State Code Description Count Acres New Value Market Value Taxable Value A1 REAL, RESIDENTIAL, SINGLE-FAMIL 218 $247,563 $133,888,083 $119,564,53357.4863 A5 TOWNHOMES 3 $135,335 $1,321,173 $1,321,1730.2421 A6 REAL, RESIDENTIAL GOLF COURSE 27 $0 $22,151,726 $20,251,3729.2879 C2 COMMERCIAL VACANT LOT 1 $0 $31,003 $31,0037.1174 E4 VACANT NON QUALIFIED NON HOME 1 $0 $8,509 $8,5094.3390 F1 REAL COMMERCIAL 1 $0 $2,933,917 $2,933,9172.2300 L1 BPP TANGIBLE COMERCIAL PROPER 4 $0 $4,168,803 $4,168,803 L3 BPP TANGIBLE COMMERCIAL LEASE 10 $0 $1,313,997 $1,313,997 X1$0 $1 $00.9700 Totals 81.6727 $382,898 $165,817,212 $149,593,307 Page 359 of 2747C28/652983 191 DENTON County 2022 PRELIMINARY TOTALS C28 - TROPHY CLUB TOWN OF Grand Totals 10:31:41AM9/2/2022Property Count: 4,892 CAD State Category Breakdown State Code Description Count Acres New Value Market Value Taxable Value A023 BUILDER HOME PLANS - REFERENC 3 $0 $0 $0 A1 REAL, RESIDENTIAL, SINGLE-FAMIL 3,781 $3,659,133 $2,192,433,832 $1,953,954,539973.6398 A5 TOWNHOMES 39 $847,454 $18,049,215 $17,809,4163.6386 A6 REAL, RESIDENTIAL GOLF COURSE 540 $949,130 $428,716,396 $382,696,220185.3939 B1 REAL, RESIDENTIAL, APARTMENTS 4 $0 $65,449,103 $65,449,10311.5471 C1 REAL, VACANT PLATTED RESIDENTI 15 $0 $1,270,418 $1,270,4182.9300 C2 COMMERCIAL VACANT LOT 4 $0 $1,008,141 $1,008,14111.2678 D1 QUALIFIED AG LAND 2 $0 $2,576,313 $5207.3930 D2 FARM AND RANCH IMPSS ON QUALI 1 $0 $6,326 $6,326 E1 LAND AND IMPROVEMENTS (NON A 2 $0 $650,364 $650,3641.4970 E4 VACANT NON QUALIFIED NON HOME 13 $0 $118,091 $118,09132.4870 F1 REAL COMMERCIAL 32 $7,341,610 $85,256,384 $85,256,384459.1957 F4 REAL - COMMERCIAL OFFICE CONDO 5 $0 $12,657,413 $12,657,41332.8500 J2 REAL & TANGIBLE PERSONAL, UTIL 1 $0 $2,637,460 $2,637,460 J3 REAL & TANGIBLE PERSONAL, UTIL 3 $0 $8,757,260 $8,757,260 J4 REAL & TANGIBLE PERSONAL, UTIL 10 $0 $1,328,320 $1,328,320 J7 REAL & TANGIBLE PERSONAL, UTIL 4 $0 $819,300 $819,300 L1 BPP TANGIBLE COMERCIAL PROPER 94 $0 $10,966,450 $10,954,560 L3 BPP TANGIBLE COMMERCIAL LEASE 86 $0 $5,462,624 $5,462,624 L5 AIRCRAFT 1 $0 $175,000 $175,000 X259$0 $127,812,333 $0433.1454 Totals 2,154.9853 $12,797,327 $2,966,150,743 $2,551,011,459 Page 360 of 2747C28/652983 192 DENTON County 2022 PRELIMINARY TOTALS C28 - TROPHY CLUB TOWN OF Property Count: 4,892 9/2/2022 10:31:41AM Effective Rate Assumption New Value TOTAL NEW VALUE MARKET:$12,797,327 TOTAL NEW VALUE TAXABLE:$12,740,245 New Exemptions Exemption Description Count EX366 HB366 Exempt 37 2021 Market Value $571,310 ABSOLUTE EXEMPTIONS VALUE LOSS $571,310 Exemption Description Count Exemption Amount $34,0004Disabled Veterans 10% - 29%DV1 $19,5002Disabled Veterans 30% - 49%DV2 $10,0001Disabled Veterans 50% - 69%DV3 $24,0002Disabled Veterans 70% - 100%DV4 $424,8721Disabled Veteran HomesteadDVHS $621,61099HomesteadHS $2,065,00059Over 65OV65 168PARTIAL EXEMPTIONS VALUE LOSS $3,198,982 NEW EXEMPTIONS VALUE LOSS $3,770,292 Increased Exemptions Increased Exemption AmountCountDescriptionExemption INCREASED EXEMPTIONS VALUE LOSS TOTAL EXEMPTIONS VALUE LOSS $3,770,292 New Ag / Timber Exemptions New Annexations New Deannexations Average Homestead Value Category A and E Count of HS Residences Average TaxableAverage HS ExemptionAverage Market 3,585 $554,563$62,252$616,815 Category A Only Count of HS Residences Average TaxableAverage HS ExemptionAverage Market 3,585 $554,563$62,252$616,815 Page 361 of 2747C28/652983 193 DENTON County 2022 PRELIMINARY TOTALS C28 - TROPHY CLUB TOWN OF Lower Value Used Count of Protested Properties Total Market Value Total Value Used 266 $165,817,212.00 $131,955,553 Page 362 of 2747C28/652983 194 Page 1 of 2 To: Mayor and Town Council From: Wade Carroll, Town Manager CC: Anita Otterson, Town Secretary Re: Tax Rate Adoption Town Council Meeting, September 13, 2022 Agenda Item: Consider and take appropriate action regarding an Ordinance fixing and levying Municipal Ad Valorem Taxes for the Town for the fiscal year beginning October 1, 2022, and ending September 30, 2023; directing the assessment thereof; and providing an effective date (W. Carroll). Strategic Link: Administrative & Financial Services – Exercise fiscal discipline in all Town operations. Background and Explanation: The proposed Fiscal Year 2023 budget includes a total Ad Valorem Tax Rate of $0.435/$100 of valuation. The portion of the total tax rate for maintenance and operations is $0.335/$100 of valuation. The portion of the total tax rate dedicated to debt service is $0.10/$100 of valuation. The proposed tax rate is above the no-new-revenue tax rate of $0.408580/$100 of valuation, and below the voter approval tax rate of $0.446677/$100 of valuation and the Di Minimis rate of $0.432025/$100. Financial Considerations: The Town of Trophy Club’s property tax revenue is 63% of the total General Fund revenues. By maintaining the previous year’s tax rate, the Town can improve and maintain its current service level. Legal Review: None applicable Board/Commission/ or Committee Recommendation: None applicable 195 Page 2 of 2 Staff Recommendation: Staff recommends approving Ordinance No. 2022-28. Attachments: •Ordinance No. 2022-28 Town Council Approval: Mayor Alicia L. Fleury or designee 196 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2022-28 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2023, AND FOR EACH FISCAL YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT A RATE OF $0.435000 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE TOWN; DIRECTING THE ASSESSMENT THEREOF TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT OPERATION AND MAINTENANCE EXPENSES AND INDEBTEDNESS OF THE TOWN; APPROVING THE TAX RATE AND LEVY AND NOTIFYING THE PUBLIC THAT THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; PROVIDING FOR PAYMENT TO THE TOWN ASSESSOR/COLLECTOR; PROVIDING FOR PENALTY AND INTEREST; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) hereby finds that the tax for the fiscal year beginning October 1, 2022, and ending September 30, 2023, hereinafter levied for current expenses of the Town and the general improvements of the Town and its property, must be levied to provide the revenue requirements of the budget for the ensuing year; and WHEREAS, the Town Council has approved on the 13th day of September 2022, the budget for the fiscal year beginning October 1, 2022, and ending September 30, 2023; and WHEREAS, all statutory and constitutional requirements concerning the levying and assessing of ad valorem taxes have been completed in due and correct time. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. APPROVING THE TAX RATE AND LEVY There is hereby levied and ordered to be assessed and collected for the fiscal year beginning October 1, 2022, and ending September 30, 2023, and for each fiscal year thereafter until otherwise provided, on all taxable property, real, personal and mixed, 197 ORD 2022-28 Page 2 of 4 situated within the corporate limits of the Town of Trophy Club, Texas, and not exempted by the Constitution of the State, valid State laws or this ordinance, a tax of $0.435000 on each One Hundred Dollars ($100.00) assessed value of taxable property, which shall be apportioned and distributed as follows: (a) For the purpose of defraying the maintenance and operation expenses of the municipal government of the Town, a tax of $0.335000 (previously $0.335) on each One Hundred Dollars ($100.00) assessed value of all taxable property; and (b) For the purpose of the payment of principal and interest on the debt of the Town, a tax of $0.10 (previously $0.11) on each One Hundred Dollars ($100.00) assessed value of all taxable property. THIS TAX RATE WILL RAISE MORE TOTAL PROPERTY TAXES THAN LAST YEAR’S BUDGET BY $572,544 WHICH IS A 6.5% INCREASE FROM LAST YEAR’S BUDGET. THE PROPERTY TAX REVENUE TO BE RAISED FROM NEW AND NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR IS $55,421. SECTION 2. DUE DATE AND DELINQUENCY DATE All ad valorem taxes shall become due and payable on October 1, 2022, and all ad valorem taxes shall become delinquent after January 31, 2023. There shall be no discount for payment of taxes on or prior to January 31, 2023. A delinquent tax shall incur all penalty and interest authorized by law, Section 33.01 of the Texas Property Tax Code, as amended, to wit: a penalty of six percent (6%) of the amount of the tax for the first calendar month the tax is delinquent plus one percent (1%) for each additional month or portion of a month the tax remains unpaid prior to July 1 of the year in which it becomes delinquent. Provided, however, a tax delinquent on July 1 incurs a total penalty of twelve percent (12%) of the amount of the delinquent tax without regard to the number of months the tax has been delinquent. A delinquent tax shall also accrue interest at a rate of one percent (1%) for each month or portion of a month the tax remains unpaid. Taxes that become delinquent on or after February 1, 2023, but not later than May 1, 2023, that remain delinquent on July 1, 2023, incur an additional penalty of fifteen percent (15%) of the amount of taxes, penalty and interest due. Taxes that become delinquent on or after June 1, 2023 and for which split payment has been allowed under Section 31.03, 31.031, 31.032, or 31.04 of the Texas Property Tax Code and for which the taxpayer fails to make the second payment before July 1, incur an additional penalty of fifteen percent (15%) of the amount of unpaid tax. All such additional penalties in excess of a percentage specified by the Texas Property Tax Code are to defray the costs of collection due pursuant to the contract with the Town’s legal counsel as authorized by Section 6.30 of the Texas Property Tax Code, as amended. 198 ORD 2022-28 Page 3 of 4 SECTION 3. DENTON COUNTY TAX ASSESSOR/COLLECTOR Taxes shall be payable in full at the office of the Denton County Tax Office, 1505 E. McKinney, P.O. Box 90223, Denton, Texas 76202. The Town shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this Ordinance. SECTION 4. PENALTY AND INTEREST All delinquent taxes shall bear interest as provided by State law, in addition to the penalties set forth herein. SECTION 5. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of the Ordinances of the Town, except when the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the conflicting provisions of such Ordinances are hereby repealed. SECTION 6. SAVINGS CLAUSE All rights and remedies of the Town are expressly saved as to any and all violations of the provisions of any other ordinance affecting ad valorem taxes which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the court. SECTION 7. SEVERABILITY CLAUSE The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, article, 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 or 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. 199 ORD 2022-28 Page 4 of 4 SECTION 8. PUBLICATION CLAUSE The Town Secretary is hereby directed to publish the Caption, Penalty, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 9. 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 10. EFFECTIVE DATE This ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 13th day of September 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 III, Town Attorney Town of Trophy Club, Texas 200 Page 1 of 2 To: Mayor and Town Council From: Wade L. Carroll, Town Manager CC: Anita Otterson, Town Secretary Re: Annual Service and Assessment Plan Town Council Meeting, September 13, 2022 Agenda Item: Consider and take appropriate action regarding a Resolution accepting an Annual Service and Assessment Plan Update for Authorized Services (Emergency Services) for the Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club), and the proposed Assessment Roll; setting a date for Public Hearing; authorizing the publication of notice and directing the mailing of notices as required by law; enacting other provisions relating thereto; and providing an effective date (W. Carroll). Strategic Link: Administrative & Financial Services – Exercise fiscal discipline in all Town operations. Background and Explanation: Annually, the Town Council accepts the Service and Assessment Plan update for Authorized Services (Emergency Services) for the Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club), sets the date for a Public Hearing and authorizes the publication of Notice, and directs the mailings of such Notices as required by law. This notice states the approximate Total Annual Cost of the Authorized Services, which is figured after receiving the Fire Rate from Trophy Club Municipal Utility District (TCMUD) No. 1. Financial Considerations: The Emergency Services District (ESD) in the PID pays for $532,139 worth of fire expenditures. This is the district’s portion of fire services, the remainder is paid through the MUD’s property tax rate. If the ESD assessment was not in place the Town would be responsible for covering those expenditures. Legal Review: None applicable. 201 Page 2 of 2 Board/Commission/ or Committee Recommendation: None applicable. Staff Recommendation: Staff recommends approval of Resolution No. 2022-12 as presented Attachments: •Resolution No. 2022-12 Town Council Approval: Mayor Alicia L. Fleury or designee 202 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2022-12 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS ACCEPTING AN ANNUAL SERVICE AND ASSESSMENT PLAN UPDATE FOR AUTHORIZED SERVICES (EMERGENCY SERVICES) FOR THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (THE HIGHLANDS AT TROPHY CLUB); SETTING A DATE FOR A PUBLIC HEARING; AUTHORIZING THE PUBLICATION OF NOTICE AND DIRECTING THE MAILING OF NOTICES AS REQUIRED BY LAW; ENACTING OTHER PROVISIONS RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 16, 2007, the Town received a petition meeting the requirements of Sec. 372.005 of the Public Improvement District Assessment Act (the “Act”) requesting the creation of a public improvement district over a portion of the area of the Town to be known as The Town of Trophy Club Public Improvement District No. 1(the “District”); and WHEREAS, the petition contained the signatures of the owners of taxable property representing more than fifty percent of the appraised value of taxable real property liable for assessment within the District, as determined by the then current ad valorem tax rolls of the Denton Central Appraisal District and the signatures of property owners who own taxable real property that constitutes more than fifty percent of the area of all taxable property that is liable for assessment by the District; and WHEREAS, on May 7, 2007, after due notice, the Town Council of the Town (the “Town Council”) held the public hearing in the manner required by law on the advisability of the Improvement Projects and services described in the petition as required by Sec. 372.009 of the PID Act and made the findings required by Sec. 372.009(b) of the PID Act and, by Resolution No. 2008-08, adopted by a majority of the members of the Town Council, authorized the District in accordance with its finding as to the advisability of certain public improvement projects and services; and WHEREAS, on May 18, 2007, the Town published notice of its authorization of the District in the Trophy Club Times, a newspaper of general circulation in the Town; and WHEREAS, no written protests of the District from any owners of record of property within the District were filed with the Town Secretary within 20 days after May 18, 2007; and WHEREAS, on May 21, 2007, the Council adopted a resolution (the “Cost Resolution”) determining the total costs of the District improvements, directing the filing of a proposed assessment roll, and directing related action; and 203 RES 2022-12 Page 2 of 6 WHEREAS, pursuant to Sections 372.013 and 372.014 of the PID Act, the Town Council has directed the preparation of a Service and Assessment Plan Update for Authorized Services for the District (the “Plan”), such Plan is attached hereto as Exhibit “B”, covers a period of at least five years, and defines the annual indebtedness and the projected costs of the Authorized Services, as identified and defined in the Plan; and WHEREAS, the Plan Update includes an assessment plan that apportions the cost of the Authorized Services to be assessed against property in the District and such apportionment is made on the basis of special benefits accruing to the property because of the Authorized Services; and WHEREAS, after determining the total cost of the Authorized Services, the Town Council directed the preparation of an Assessment Roll that states the assessment against each parcel of land in the District and such Assessment Roll is attached to and a part of the Plan; and WHEREAS, the Town Council notes that the Plan and Assessment Roll may be amended with such changes as the Town Council deems appropriate before such Plan and Assessment Roll are adopted as final by the Town Council; and WHEREAS, the Town has determined to call a public hearing regarding the levy of assessments pursuant to the Plan and the Assessment Roll pursuant to Section 372.016 of the Act; and WHEREAS, the Town desires to publish notice of a public hearing to adopt the Plan and Assessment Roll in order to provide notice to all interested parties of the Town’s proposed levy of assessments against property in the District, pursuant to Section 372.016 of the Act; and WHEREAS, the Town desires to file the Annual Service Plan Update and Assessment Roll with the Town Secretary such that they are available for public inspection pursuant to Section 372.016 of the Act. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. Findings. The findings and determinations set forth in the preambles hereto are hereby incorporated by reference for all purposes. Section 2. Calling Public Hearing. The Town Council hereby calls a public hearing (the “Public Hearing”) for 7:00 p.m. on September 27, 2022, at the regular meeting place of the Town Council of the Town of Trophy Club, Texas, Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, to consider approving the Updated Plan, with such changes and amendments as the Town Council deems necessary, and the Assessment Roll with such amendments to the assessments on any parcel as the Town Council deems necessary. After all objections made at such hearing have been heard, the Town Council may (i) levy the assessments as special assessments against each parcel of property in the District as set forth in the proposed Updated Plan and Assessment Roll; 204 RES 2022-12 Page 3 of 6 (ii) specify the method of payment of the assessment, and (iii) provide that assessments be paid in periodic installments. Notice of the hearing setting out the matters required by Section 372.016 of the Act shall be given by publication at least eleven (11) days before the date of the hearing, in a newspaper of general circulation in the Town. Notice of such hearing shall also be given by the mailing of a copy of the notice containing the information required by Section 372.016(b) of the Act at least eleven (11) days prior to the hearing to the current address of each owner of property liable for an assessment in the proposed Assessment Roll as reflected on the tax rolls of the Denton Central Appraisal District. All residents and property owners within the District, and all other persons, are hereby invited to appear in person, or by their attorney, and contend for or contest the Plan and the Assessment Roll, and the proposed assessments and offer testimony pertinent to any issue presented on the amount of the assessments, purpose of the assessments, special benefit of the assessments, and the costs of collection and the penalties and interest on delinquent assessments. At or on the adjournment of the hearing conducted pursuant to Section 372.016 on the proposed assessments, the Town Council must hear and pass on any objection to a proposed assessment. The Town Council may amend a proposed assessment on any parcel. The failure of a property owner to receive notice does not invalidate the proceeding. Section 3. Publication and Mailing of Notice. The Town Council hereby directs Town Staff or designee to cause the publication of Notice of the Public Hearing substantially in the form attached as Exhibit “A”; such publication to occur at least eleven (11) days before the date of the hearing. Further, the Town Council hereby directs Town Staff to give Notice of Hearing by the mailing of a copy of the notice at least eleven (11) days prior to the hearing to the current address of each owner of property liable for an assessment in the proposed Assessment Roll as reflected on the tax rolls of the Denton Central Appraisal District. Section 4. Conduct of Public Hearing. The Town Council shall convene at the location and at the time specified in the notice described above for the public hearing and shall conduct the public hearing in connection with its approval of the Plan and the Assessment Roll and the levy of the proposed assessments, including costs of collection and penalties and interest on delinquent assessments. At such public hearing, the Town Council will hear and pass on any objections to the Plan and the Assessment Roll and the levy of the proposed assessments (which objections may be written or oral). At or on the adjournment of the hearing, Council may amend a proposed assessment on any parcel. After all objections, if any, have been heard and passed upon, the Town may (i) levy the assessments as special assessments against each parcel of property in the District as set forth in the Plan and Assessment Roll, (ii) specify the method of payment of the assessment, and (iii) provide that the assessments be paid in periodic installments. 205 RES 2022-12 Page 4 of 6 Section 5. Filing of Plan Update and Assessment Roll. The Plan Update and Assessment Roll shall be filed in the office of the Town Secretary and be made available to any member of the public who wishes to inspect the same. A copy of the Annual Service and Assessment Plan Update for Authorized Services is attached hereto and incorporated herein as Exhibit “B”. Section 6. Effective Date. This Resolution shall become effective upon its passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this 13th day of September 2022. Alicia L. Fleury, Mayor Town of Trophy Club, Texas ATTEST: [SEAL]APPROVED TO AS FORM: _________________________________ Anita Otterson, Town Secretary J. David Dodd III, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas 206 RES 2022-12 Page 5 of 6 EXHIBIT “A” TOWN OF TROPHY CLUB NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT a public hearing will be conducted by the Town Council of the Town of Trophy Club, Texas on the 27th day of September, 2022 at 7:00 p.m. at the Trophy Club Town Hall at 1 Trophy Wood Drive, Trophy Club, Tarrant County, Texas 76262. The public hearing will be held to consider proposed assessments to be levied against the assessable property within THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (the “District”) pursuant to the provisions of Chapter 372 of the Texas Local Government Code, as amended. The general nature of the improvements are emergency services (the “Authorized Services”), including, without limitation, fire suppression and control, inspection services, arson investigations, hazardous material response, search and rescue, emergency recovery and extraction, pre-hospital medical stabilization or transportation of persons who are sick, injured, wounded, or otherwise incapacitated or helpless including basic life support ambulance services, advanced life support ambulance services, air ambulance services, and quick-response unit services provided by the Town. The Town has provided such services pursuant to an annual assessment within the District since 2007. The total annual cost of the Authorized Services for the Town’s fiscal year 2022-2023 is approximately $532,139. The boundaries of the District are described as follows: The District includes approximately 609.683 acres located within the corporate limits of the Town of Trophy Club, Denton County, Texas. The District is generally located to the north of Oakmont Drive, Oak Hill Drive and the Quorum Condominiums, east of the Lakes Subdivision and Parkview Drive, south of the Corp of Engineers Property and west of the Town’s eastern town limits. The District is more particularly described by metes and bounds and such description is available for inspection at Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas 76262. All written or oral objections will be considered at the public hearing. A copy of the Service and Assessment Plan for Authorized Services and proposed Assessment Roll, which includes the assessments to be levied against each parcel in the District, is available for public inspection at the office of the Town Secretary, Town of Trophy Club, at 1 Trophy Wood Drive, Trophy Club, Texas 76262. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE TOWN, this 13th day of September, 2022. ________________________ Anita Otterson, Town Secretary Town of Trophy Club, Texas 207 RES 2022-12 Page 6 of 6 EXHIBIT “B” ANNUAL SERVICE AND ASSESSMENT PLAN UPDATE FOR AUTHORIZED SERVICES (EMERGENCY SERVICES) FOR THE DISTRICT 208 209 TOWN OF TROPHY CLUB RESOLUTION 2022-13 A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS CASTING VOTES FOR PLACES 6 THROUGH 9 OF THE TEXAS MUNICIPAL LEAGUE INTEGOVERNMENTAL RISK POOL BOARD OF TRUSTEES; DESIGNATING AND AUTHORIZING THE TOWN MAYOR OR HER DESIGNEE AS THE TOWN’S AUTHORIZED OFFICIAL TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, the Town of Trophy Club Town Council desires to cast votes for Places 6 through 9 on the Texas Municipal League Intergovernmental Risk Pool Board of Trustees; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF TROPHY CLUB, TEXAS: Section1. The Town of Trophy Club hereby votes for the following candidates for Places 6 through 9 on the Texas Municipal League Intergovernmental Risk Pool Board of Trustees, each for a six year term: Place 6: ________________________ Place 7: _________________________ Place 8: _________________________ Place 9: _________________________ Section 2. This Resolution shall become effective from and after the date of passage in accordance with law. PASSED AND APPROVED by the Trophy Club Town Council on this _____________ day of ____________________, 2022. _____________________________ Alicia Fleury, Mayor Town of Trophy Club, Texas 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 210 211 212 213 214 215 216