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Agenda Packet 02/14/2023Town of Trophy Club Meeting Agenda Packet Town Council 1 Trophy Wood Drive Trophy Club, Texas 76262 February 14, 2023 5:00 PM Council Chambers CALL TO ORDER AND ANNOUNCE A QUORUM ­ Mayor Fleury INVOCATION led by Parks and Recreation Director, Tony Jaramillo  PLEDGES led by Mayor for a Day Monica DeCicco Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. ANNOUNCEMENTS AND REPORTS 1.Issuance of Proclamation 2023­04 proclaiming February 14, 2023 as “Monica DeCicco, Mayor for a Day” in Trophy Club (Mayor Fleury). 2.Medlin Middle School 6th Grade Gifted and Talented Explorations Program Service Project “Little Free Library” (Mayor Fleury). 3.Read and present Proclamation 2023­03 proclaiming February as Kindness Awareness Month in Trophy Club (Mayor Fleury). 4.BNHS StuCo update on C4K Fun Run (Mayor Fleury). 5.Read and present Proclamation 2023­02 proclaiming February as Black History Month in Trophy Club (Mayor Fleury). 6.Update on the launch of the reskin of the Town website (J. Lind). 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 PUBLIC HEARING(S) 7.Case SUP­23­001 (Rosati’s Pizza Alcohol On­Premises) a.  Conduct a Public Hearing regarding a request made by Rosati’s Pizza Restaurant for a Specific Use Permit for alcohol beverage sales on­premises consumption in conjunction with a restaurant use, located at 2210 E. Highway 114 #250 (M. Cox). b.  Consider and take appropriate action regarding a request made by Rosati’s Pizza Restaurant for a Specific Use Permit for alcoholic beverage sales for on­premises consumption in conjunction with a restaurant use, located at 2210 E. Highway 114 #250 (M. Cox). CONSENT AGENDA 8.Consider and take appropriate action regarding a Joint Election Agreement between the Town of Trophy Club and Denton County Elections for administration of the Town’s May 6, 2023 General Elections; and authorize the Mayor or her designee to execute all necessary documents (A. Otterson). 9.Consider and approve an Interlocal Agreement with the City of Roanoke for Administration of Municipal Court Services (W. Carroll). 10.Consider and take appropriate action regarding the Town Council meeting Minutes dated January 10, 2023 (A. Otterson). 11.Consider and take appropriate action regarding Town Council Meeting Minutes dated January 21, 2023 (A. Otterson). 12.Consider and take appropriate action regarding a requisition for procurement of the pavement analysis services from Data Transfer Solutions (DTS) for the Town of Trophy Club for a fee not to exceed $50,000 over two fiscal years (M. Cox). 13.Consider and take appropriate action regarding a Developer’s Agreement between the Town of Trophy Club and Trophy Club Estates Development, L.P. for the Falcon Estates (7H); and authorizing the Mayor or her designee to execute all necessary documents (M. Cox). 14.Consider and take appropriate action regarding a Developer’s Agreement between the Town of Trophy Club and Trophy Club Estates Development, L.P. for the Aspen Estates (8H); and authorizing the Mayor or her designee to execute all necessary documents (M. Cox). 15.Receive the annual Racial Profiling Report (P. Arata). 16.Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and calling a General Election to be held on May 6, 2023 for the purpose of electing one (1) Mayor, one (1) Councilmember to Place 1, and one (1) Councilmember to Place 2 on the Trophy Club Town Council, each for a term of three (3) years; and providing an effective date (A. Otterson). 17.Consider and approve a topographic and boundary survey contract for an intersection improvement roundabout at Trophy Club Drive and Bobcat Boulevard in Trophy Club; the total amount for basic services is $33,500, funded as a one­time expenditure from the unassigned fund balance of the General Fund; and authorizing the Town Manager to sign necessary documents. INDIVIDUAL ITEMS 18.Consider and take appropriate action regarding an amendment to the current Interlocal Agreement with the Trophy Club Municipal Utility District No. 1 to provide for water and wastewater service (W. Carroll). 19.Case ME­23­001 (Cooks Children’s Sign Meritorious Exception) Consider and take appropriate action on a Meritorious Exception for Cooks Children’s generally located at the northeast corner of SH Hwy 114 and Trophy Club Drive addressed as 2300 E Hwy 114, Suite 300 (M. Cox). 20.Future Agenda Items List (W. Carroll). EXECUTIVE SESSION 21.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 551.071 Attorney­Client Privilege       1.   Deliberate a possible Interlocal Agreement with multiple governmental entities to provide services to Trophy Club citizens.      2.   Discuss pending litigation      3.   Consultation with Town Attorney regarding:           a. complaint filed           b. enforcing contracts from previous Economic Development Negotiations  RECONVENE INTO REGULAR SESSION 22.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, February 10, 2023 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, Texas76262February 14, 2023 5:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM ­ Mayor FleuryINVOCATION led by Parks and Recreation Director, Tony Jaramillo PLEDGES led by Mayor for a Day Monica DeCiccoPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.ANNOUNCEMENTS AND REPORTS1.Issuance of Proclamation 2023­04 proclaiming February 14, 2023 as “MonicaDeCicco, Mayor for a Day” in Trophy Club (Mayor Fleury).2.Medlin Middle School 6th Grade Gifted and Talented Explorations Program ServiceProject “Little Free Library” (Mayor Fleury).3.Read and present Proclamation 2023­03 proclaiming February as KindnessAwareness Month in Trophy Club (Mayor Fleury).4.BNHS StuCo update on C4K Fun Run (Mayor Fleury).5.Read and present Proclamation 2023­02 proclaiming February as Black History Monthin Trophy Club (Mayor Fleury). 6.Update on the launch of the reskin of the Town website (J. Lind). 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 PUBLIC HEARING(S) 7.Case SUP­23­001 (Rosati’s Pizza Alcohol On­Premises) a.  Conduct a Public Hearing regarding a request made by Rosati’s Pizza Restaurant for a Specific Use Permit for alcohol beverage sales on­premises consumption in conjunction with a restaurant use, located at 2210 E. Highway 114 #250 (M. Cox). b.  Consider and take appropriate action regarding a request made by Rosati’s Pizza Restaurant for a Specific Use Permit for alcoholic beverage sales for on­premises consumption in conjunction with a restaurant use, located at 2210 E. Highway 114 #250 (M. Cox). CONSENT AGENDA 8.Consider and take appropriate action regarding a Joint Election Agreement between the Town of Trophy Club and Denton County Elections for administration of the Town’s May 6, 2023 General Elections; and authorize the Mayor or her designee to execute all necessary documents (A. Otterson). 9.Consider and approve an Interlocal Agreement with the City of Roanoke for Administration of Municipal Court Services (W. Carroll). 10.Consider and take appropriate action regarding the Town Council meeting Minutes dated January 10, 2023 (A. Otterson). 11.Consider and take appropriate action regarding Town Council Meeting Minutes dated January 21, 2023 (A. Otterson). 12.Consider and take appropriate action regarding a requisition for procurement of the pavement analysis services from Data Transfer Solutions (DTS) for the Town of Trophy Club for a fee not to exceed $50,000 over two fiscal years (M. Cox). 13.Consider and take appropriate action regarding a Developer’s Agreement between the Town of Trophy Club and Trophy Club Estates Development, L.P. for the Falcon Estates (7H); and authorizing the Mayor or her designee to execute all necessary documents (M. Cox). 14.Consider and take appropriate action regarding a Developer’s Agreement between the Town of Trophy Club and Trophy Club Estates Development, L.P. for the Aspen Estates (8H); and authorizing the Mayor or her designee to execute all necessary documents (M. Cox). 15.Receive the annual Racial Profiling Report (P. Arata). 16.Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and calling a General Election to be held on May 6, 2023 for the purpose of electing one (1) Mayor, one (1) Councilmember to Place 1, and one (1) Councilmember to Place 2 on the Trophy Club Town Council, each for a term of three (3) years; and providing an effective date (A. Otterson). 17.Consider and approve a topographic and boundary survey contract for an intersection improvement roundabout at Trophy Club Drive and Bobcat Boulevard in Trophy Club; the total amount for basic services is $33,500, funded as a one­time expenditure from the unassigned fund balance of the General Fund; and authorizing the Town Manager to sign necessary documents. INDIVIDUAL ITEMS 18.Consider and take appropriate action regarding an amendment to the current Interlocal Agreement with the Trophy Club Municipal Utility District No. 1 to provide for water and wastewater service (W. Carroll). 19.Case ME­23­001 (Cooks Children’s Sign Meritorious Exception) Consider and take appropriate action on a Meritorious Exception for Cooks Children’s generally located at the northeast corner of SH Hwy 114 and Trophy Club Drive addressed as 2300 E Hwy 114, Suite 300 (M. Cox). 20.Future Agenda Items List (W. Carroll). EXECUTIVE SESSION 21.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 551.071 Attorney­Client Privilege       1.   Deliberate a possible Interlocal Agreement with multiple governmental entities to provide services to Trophy Club citizens.      2.   Discuss pending litigation      3.   Consultation with Town Attorney regarding:           a. complaint filed           b. enforcing contracts from previous Economic Development Negotiations  RECONVENE INTO REGULAR SESSION 22.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, February 10, 2023 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, Texas76262February 14, 2023 5:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM ­ Mayor FleuryINVOCATION led by Parks and Recreation Director, Tony Jaramillo PLEDGES led by Mayor for a Day Monica DeCiccoPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.ANNOUNCEMENTS AND REPORTS1.Issuance of Proclamation 2023­04 proclaiming February 14, 2023 as “MonicaDeCicco, Mayor for a Day” in Trophy Club (Mayor Fleury).2.Medlin Middle School 6th Grade Gifted and Talented Explorations Program ServiceProject “Little Free Library” (Mayor Fleury).3.Read and present Proclamation 2023­03 proclaiming February as KindnessAwareness Month in Trophy Club (Mayor Fleury).4.BNHS StuCo update on C4K Fun Run (Mayor Fleury).5.Read and present Proclamation 2023­02 proclaiming February as Black History Monthin Trophy Club (Mayor Fleury).6.Update on the launch of the reskin of the Town website (J. Lind).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.orgPUBLIC HEARING(S)7.Case SUP­23­001 (Rosati’s Pizza Alcohol On­Premises)a.  Conduct a Public Hearing regarding a request made by Rosati’s Pizza Restaurantfor a Specific Use Permit for alcohol beverage sales on­premises consumption inconjunction with a restaurant use, located at 2210 E. Highway 114 #250 (M. Cox).b.  Consider and take appropriate action regarding a request made by Rosati’s PizzaRestaurant for a Specific Use Permit for alcoholic beverage sales for on­premisesconsumption in conjunction with a restaurant use, located at 2210 E. Highway 114#250 (M. Cox).CONSENT AGENDA8.Consider and take appropriate action regarding a Joint Election Agreement betweenthe Town of Trophy Club and Denton County Elections for administration of the Town’sMay 6, 2023 General Elections; and authorize the Mayor or her designee to execute allnecessary documents (A. Otterson).9.Consider and approve an Interlocal Agreement with the City of Roanoke forAdministration of Municipal Court Services (W. Carroll).10.Consider and take appropriate action regarding the Town Council meeting Minutesdated January 10, 2023 (A. Otterson).11.Consider and take appropriate action regarding Town Council Meeting Minutes datedJanuary 21, 2023 (A. Otterson).12.Consider and take appropriate action regarding a requisition for procurement of thepavement analysis services from Data Transfer Solutions (DTS) for the Town ofTrophy Club for a fee not to exceed $50,000 over two fiscal years (M. Cox).13.Consider and take appropriate action regarding a Developer’s Agreement betweenthe Town of Trophy Club and Trophy Club Estates Development, L.P. for the FalconEstates (7H); and authorizing the Mayor or her designee to execute all necessarydocuments (M. Cox). 14.Consider and take appropriate action regarding a Developer’s Agreement between the Town of Trophy Club and Trophy Club Estates Development, L.P. for the Aspen Estates (8H); and authorizing the Mayor or her designee to execute all necessary documents (M. Cox). 15.Receive the annual Racial Profiling Report (P. Arata). 16.Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and calling a General Election to be held on May 6, 2023 for the purpose of electing one (1) Mayor, one (1) Councilmember to Place 1, and one (1) Councilmember to Place 2 on the Trophy Club Town Council, each for a term of three (3) years; and providing an effective date (A. Otterson). 17.Consider and approve a topographic and boundary survey contract for an intersection improvement roundabout at Trophy Club Drive and Bobcat Boulevard in Trophy Club; the total amount for basic services is $33,500, funded as a one­time expenditure from the unassigned fund balance of the General Fund; and authorizing the Town Manager to sign necessary documents. INDIVIDUAL ITEMS 18.Consider and take appropriate action regarding an amendment to the current Interlocal Agreement with the Trophy Club Municipal Utility District No. 1 to provide for water and wastewater service (W. Carroll). 19.Case ME­23­001 (Cooks Children’s Sign Meritorious Exception) Consider and take appropriate action on a Meritorious Exception for Cooks Children’s generally located at the northeast corner of SH Hwy 114 and Trophy Club Drive addressed as 2300 E Hwy 114, Suite 300 (M. Cox). 20.Future Agenda Items List (W. Carroll). EXECUTIVE SESSION 21.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 551.071 Attorney­Client Privilege       1.   Deliberate a possible Interlocal Agreement with multiple governmental entities to provide services to Trophy Club citizens.      2.   Discuss pending litigation      3.   Consultation with Town Attorney regarding:           a. complaint filed           b. enforcing contracts from previous Economic Development Negotiations  RECONVENE INTO REGULAR SESSION 22.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, February 10, 2023 by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Anita Otterson Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682­237­2900, 48 hours in advance, and reasonable accommodations will be made to assist you. 3 Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262February 14, 2023 5:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM ­ Mayor FleuryINVOCATION led by Parks and Recreation Director, Tony Jaramillo PLEDGES led by Mayor for a Day Monica DeCiccoPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.ANNOUNCEMENTS AND REPORTS1.Issuance of Proclamation 2023­04 proclaiming February 14, 2023 as “MonicaDeCicco, Mayor for a Day” in Trophy Club (Mayor Fleury).2.Medlin Middle School 6th Grade Gifted and Talented Explorations Program ServiceProject “Little Free Library” (Mayor Fleury).3.Read and present Proclamation 2023­03 proclaiming February as KindnessAwareness Month in Trophy Club (Mayor Fleury).4.BNHS StuCo update on C4K Fun Run (Mayor Fleury).5.Read and present Proclamation 2023­02 proclaiming February as Black History Monthin Trophy Club (Mayor Fleury).6.Update on the launch of the reskin of the Town website (J. Lind).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.orgPUBLIC HEARING(S)7.Case SUP­23­001 (Rosati’s Pizza Alcohol On­Premises)a.  Conduct a Public Hearing regarding a request made by Rosati’s Pizza Restaurantfor a Specific Use Permit for alcohol beverage sales on­premises consumption inconjunction with a restaurant use, located at 2210 E. Highway 114 #250 (M. Cox).b.  Consider and take appropriate action regarding a request made by Rosati’s PizzaRestaurant for a Specific Use Permit for alcoholic beverage sales for on­premisesconsumption in conjunction with a restaurant use, located at 2210 E. Highway 114#250 (M. Cox).CONSENT AGENDA8.Consider and take appropriate action regarding a Joint Election Agreement betweenthe Town of Trophy Club and Denton County Elections for administration of the Town’sMay 6, 2023 General Elections; and authorize the Mayor or her designee to execute allnecessary documents (A. Otterson).9.Consider and approve an Interlocal Agreement with the City of Roanoke forAdministration of Municipal Court Services (W. Carroll).10.Consider and take appropriate action regarding the Town Council meeting Minutesdated January 10, 2023 (A. Otterson).11.Consider and take appropriate action regarding Town Council Meeting Minutes datedJanuary 21, 2023 (A. Otterson).12.Consider and take appropriate action regarding a requisition for procurement of thepavement analysis services from Data Transfer Solutions (DTS) for the Town ofTrophy Club for a fee not to exceed $50,000 over two fiscal years (M. Cox).13.Consider and take appropriate action regarding a Developer’s Agreement betweenthe Town of Trophy Club and Trophy Club Estates Development, L.P. for the FalconEstates (7H); and authorizing the Mayor or her designee to execute all necessarydocuments (M. Cox).14.Consider and take appropriate action regarding a Developer’s Agreement betweenthe Town of Trophy Club and Trophy Club Estates Development, L.P. for the AspenEstates (8H); and authorizing the Mayor or her designee to execute all necessarydocuments (M. Cox).15.Receive the annual Racial Profiling Report (P. Arata).16.Consider and take appropriate action regarding an Ordinance of the Town of TrophyClub ordering and calling a General Election to be held on May 6, 2023 for thepurpose of electing one (1) Mayor, one (1) Councilmember to Place 1, and one (1)Councilmember to Place 2 on the Trophy Club Town Council, each for a term ofthree (3) years; and providing an effective date (A. Otterson).17.Consider and approve a topographic and boundary survey contract for anintersection improvement roundabout at Trophy Club Drive and Bobcat Boulevard inTrophy Club; the total amount for basic services is $33,500, funded as a one­timeexpenditure from the unassigned fund balance of the General Fund; and authorizingthe Town Manager to sign necessary documents.INDIVIDUAL ITEMS18.Consider and take appropriate action regarding an amendment to the currentInterlocal Agreement with the Trophy Club Municipal Utility District No. 1 to provide forwater and wastewater service (W. Carroll).19.Case ME­23­001 (Cooks Children’s Sign Meritorious Exception)Consider and take appropriate action on a Meritorious Exception for Cooks Children’sgenerally located at the northeast corner of SH Hwy 114 and Trophy Club Driveaddressed as 2300 E Hwy 114, Suite 300 (M. Cox).20.Future Agenda Items List (W. Carroll).EXECUTIVE SESSION21.Pursuant to the following designated section of the Texas Government Code,Annotated, Chapter 551 (Texas Open Meetings Act), the Town Council will recessinto executive session to discuss the following:a. Section 551.071 Attorney­Client Privilege      1.   Deliberate a possible Interlocal Agreement with multiple governmental entitiesto provide services to Trophy Club citizens.     2.   Discuss pending litigation     3.   Consultation with Town Attorney regarding:          a. complaint filed          b. enforcing contracts from previous Economic Development Negotiations  RECONVENE INTO REGULAR SESSION 22.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, February 10, 2023 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. 4 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION 2023-04 A PROCLAMATION OF THE TROPHY CLUB TOWN COUNCIL PROCLAMING MONICA DECICCO MAYOR FOR A DAY IN TROPHY CLUB, TEXAS. WHEREAS, Monica DeCicco is a 5th Grade Student at Beck Elementary; and WHEREAS, Being in elementary school typically means playing with friends, bike riding, pool parties, and spending quality family time. For Monica DeCicco, this time is extra special as she continues in Bobcat Cheer and Competitive Cheer with Spirit Extreme; and WHEREAS, Monica has also managed to take on serving as “Mayor for a Day” in Trophy Club; not to mention maintaining homework assignments and achieving excellent grades while preparing for competition, excelling in daily chores, and always showing kindness; and WHEREAS, Monica has always maintained great relations with her family, friends, co-students, teachers, and is now expanding to local government by meeting with Mayor Fleury, the Council, and key Town Officials in learning how local government works; and WHEREAS, Monica has aspirations of running for Mayor of Trophy Club one day, and serving as Mayor for a Day is a great start to her future endeavor. Monica is a natural Leader and would love to take Trophy Club to the next level by helping solve problems and improving the quality of life in Trophy Club. Now, Therefore, I Alicia L. Fleury, Mayor of the Town of Trophy Club, and in conjunction with the Trophy Club Town Council do hereby proclaim February 14, 2023, as: Monica DeCicco, Mayor for a Day in Trophy Club Passed and Approved by the Town Council of Trophy Club, Texas this 14th day of February 2023. 5 ____________________________ _____________________________ Anita Otterson Alicia L. Fleury, Mayor Town Secretary Town of Trophy Club, Texas 6 Proclamation 2023-03 Town of Trophy Club, Texas A PROCLAMATION OF THE TROPHY CLUB TOWN COUNCIL SUPPORTING THE MONTH OF FEBRUARY AS KINDNESS AWARENESS MONTH IN TROPHY CLUB. WHEREAS, Today we are living in times unlike any other dealing with new challenges, and the lack of civility within our nation has led to a polarized population resulting in people fearful of the future; and WHEREAS, Studies have shown that kind thoughts and actions create a better environment and happiness is found by practicing kindness; and WHEREAS, the Town of Trophy Club recognizes the value of simple acts of kindness performed without prompting or reason and how these acts can positively impact the performer, the recipient and onlooker of the good deed; and WHEREAS, by providing “Random Acts of Kindness” and reaching out to one another, regardless of social or economic status, education, gender, origin, religious belief, age, lifestyle or abilities, we extend an opportunity for grace, dignity and acceptance that might not otherwise be offered; and WHEREAS, the Trophy Club Town Council recognizes the value of simple acts of kindness and request that everyone participate in making our community stand out from all others by practicing kindness and recognizing that everyone has a journey and each journey is more pleasant when kindness is exhibited; and WHEREAS, to initiate a community-wide Campaign 4 Kindness via activities and events promoting kindness, to include a Town sponsored “Fun Run 4 Kindness”, through a coordinated partnership between the Town of Trophy Club, local schools, businesses, and organizations that is strategically designed to create a culture of kindness campaign. Through this Campaign, our residents will be called to action to change our Community and the World. NOW, THEREFORE, I, Mayor Alicia L. Fleury in conjunction with the Town Council hereby proclaim February 2023 as: KINDNESS AWARENESS MONTH Passed and Approved by the Trophy Club Town Council on this 21st day of January 2023. _______________________________ ______________________________ Anita Otterson Alicia L. Fleury, Mayor Town Secretary Town of Trophy Club, Texas 7 Proclamation 2023-02 Town of Trophy Club, Texas A PROCLAMATION OF THE TROPHY CLUB TOWN COUNCIL SUPPORTING THE MONTH OF FEBRUARY AS BLACK HISTORY MONTH IN TROPHY CLUB. Whereas, During Black History Month, we celebrate the many achievements and contributions made by African Americans to our economic, cultural, spiritual, and political development; and Whereas, in 1915, Dr. Carter Godwin Woodson, noted Black Scholar and son of former slaves founded the Association for the Study of African American Life and History (ASALH); and Whereas, Dr. Woodson initiated Black History Week, February 12, 1926; and for many years, the second week of February was chosen to coincide with the birthdays of Frederick Douglas and Abraham Lincoln; and Whereas, in 1976, as part of the nation’s Bicentennial, Black History Week was expanded and became Black History Month; and Whereas, The ASALH has selected, “Black Resistance” as the Theme for 2023; and Whereas, Maya Angelou, celebrated writer, performer, and social activist became the First Black Woman featured on the 25-cent piece celebrating the accomplishments of American Women; and Whereas, we urge all citizens to celebrate our diverse heritage and culture and continue our efforts to create a world that is more just, peaceful, and prosperous for all; and Whereas, The Town of Trophy Club is committed to kindness, diversity, equity, inclusion, and mutual respect as a fundamental idea for a healthy, thriving community. NOW, THEREFORE, I, Mayor Alicia L. Fleury in conjunction with the town council, hereby proclaim February as: BLACK HISTORY AWARENESS MONTH PASSED AND APPROVED by the Trophy Club Town Council, this 21st day of January 2023. ________________________________ ________________________________ Anita Otterson Alicia L. Fleury, Mayor Town Secretary Town of Trophy Club, Texas 8 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: Case SUP-23-001 Town Council Meeting, February 14, 2023 Agenda Item: Case SUP-23-001 (Rosati’s Restaurant Alcohol) a. Conduct a Public Hearing regarding a request made by Rosati’s Restaurant for a Specific Use Permit for alcoholic beverage sales for on-premises consumption in conjunction with a restaurant use, generally located southeast of Trophy Club Drive and approximately 300 feet north of SH 114. b. Consider and take appropriate action regarding a request made by Rosati’s Restaurant for a Specific Use Permit for alcoholic beverage sales for on-premises consumption in conjunction with a restaurant use, generally located southeast of Trophy Club Drive and approximately 300 feet north of SH 114. Strategic Link: Infrastructure & Development – Foster a business-friendly environment. Background and Explanation: Rosati’s Restaurant is requesting approval of a Specific Use Permit (SUP) for alcoholic beverage sales for on-premises consumption in conjunction with a restaurant use according to Section 14.02.252 of the Town’s Code of Ordinances. The property’s zoning of Planned Development No. 30 (PD-30) does not restrict the sales of alcoholic beverages beyond the regulations of Town Code and State Law. As shown in Exhibit C, ACRIK, Inc is applying to the Texas Alcoholic Beverage Commission (TABC) to obtain a Mixed Beverage Restaurant Permit (RM) and a Mixed Beverage Late Hours Permit (LB) which will allow for the sale and consumption of wine, beer, and liquor on the premises and during late hours (12 midnight – 2 AM). Town Code does not restrict hours of operation beyond TABC’s regulations. 9 Page 2 of 2 Section 14.02.252(b) of the Code of Ordinances states that no alcoholic beverages may be sold within 300 feet of a church, public school or private school, or public hospital. Subsection (g) describes the methods of measurement as front door to front door and along street front property lines when measuring to churches and public hospitals, and in a direct line from nearest property line to property line when measuring to public schools and private schools. Rosati’s Restaurant complies with Town and State requirements, as the closest church (Fellowship United Methodist Church) is approximately 1,205 feet away, the closest public school (Lakeview Elementary School) is approximately 1.25 miles away, the closest private school (Primrose School of Westlake at Entrada) is approximately 3,400 feet away, and the closest public hospital (Methodist Southlake Hospital) is approximately 4.25 miles away. The nearby Baylor Scott & White Medical Center – Trophy Club is a private hospital so there are no separation requirements. Parking needs have been addressed by the required on-site parking spaces. The Chief of Police has reviewed this application, as required by Code, and does not have any objections. Public notice was published in the newspaper and sent to those who own property within 200 feet of the subject property, as required by State law. To date, one adjacent property owner has contacted staff and extended his support for the request. Financial Considerations: Not applicable. Legal Review: The Town Attorney has reviewed this item and concurs with the Staff recommendation. Planning & Zoning Commission Recommendation: The P&Z Commission considered this item on January 5, 2023. P&Z and unanimously recommended approval. Staff Recommendation: Staff recommends approval of the Specific Use Permit. Attachments: •Exhibit A – Location Map •Exhibit B – TABC Application •Exhibit C – TABC License and Permit Descriptions •Exhibit D – Ordinance 2023-02 10 11 12 13 14 15 16 17 18 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2023-02 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A SPECIFIC USE PERMIT FOR ALCOHOLIC BEVERAGE SALES FOR ON-PREMISES CONSUMPTION IN CONJUNCTION WITH A RESTAURANT USE OPERATED BY ROSATI’S RESTAURANT, LOCATED ON LOT 1, BLOCK A OF TROPHY CLUB TOWN CENTER ADDITION, WITHIN PD PLANNED DEVELOPMENT NO. 30; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING APPLICABLE REGULATIONS, DISCONTINUATION, & REVOCATION; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the applicant seeks to sell alcoholic beverages, including but not limited to beer, wine, and liquor, for on-premises consumption in conjunction with a restaurant use operated by Rosati’s Restaurant, located on Lot 1, Block A of Trophy Club Town Center Addition; and WHEREAS, all legal requirements and conditions were complied with, and after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning & Zoning Commission of the Town has recommended to the Town Council the adoption of this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning & Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town of Trophy Club, Texas and of the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. 19 ORD 2023-02 P&Z Page 2 of 4 SECTION 2. APPLICABLE REGULATIONS, DISCONTINUATION, & REVOCATION In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town, including without limitation regulations governing PD Planned Development No. 30 and all amendments thereto. The Specific Use Permit granted by this Ordinance shall control in cases of conflict between this Ordinance and/or PD Planned Development No. 30 and/or the Comprehensive Zoning Ordinance. The Specific Use Permit granted hereby shall discontinue if the use for which this Specific Use Permit is granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months. Further, this Specific Use Permit shall be subject to revocation in accordance with the Town of Trophy Club Code of Ordinances. SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon 20 ORD 2023-02 P&Z Page 3 of 4 conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty provided by this section shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. 21 ORD 2023-02 P&Z Page 4 of 4 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 14th day of February 2023. Alicia Fleury Town of Trophy Club, Texas [SEAL] ATTEST: Anita Otterson, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas 22 Page 1 of 1 To: Mayor and Town Council From: Anita Otterson, Town Secretary CC: Wade Carroll, Town Manager Re: Denton County Elections Agreement – May, 2023 General Election Town Council Meeting, February 14, 2023 Agenda Item: Consider and take appropriate action regarding an Election Agreement and Contract between the Town of Trophy Club and Denton County Elections for the administration of the Town’s May 6, 2023 General Election; and authorize the Mayor or her designee to execute all necessary documents (A. Otterson). Strategic Link: Administrative & Financial Services – Exercise fiscal discipline in all Town operations. Background and Explanation: The Town will be holding a General Election on May 6, 2023 and therefore Staff is seeking to enter into an agreement with Denton County Elections for their administration services of such election. Financial Considerations: The cost of the election can’t be determined yet since it is based on the number of entities that participate in the joint election. Contract costs will be placed on a future agenda for approval. Legal Review: Not applicable. Board/Commission/ or Committee Recommendation: Not applicable. Staff Recommendation: Staff recommends approval of the Election Agreement and Contract between the Town of Trophy Club and Denton County Elections. Attachments: •Denton County Election Agreement and Contract for May 6, 2023 General Election 23 24 25 26 27 28 29 30 31 32 33 34 35 Page 1 of 2 To: Mayor and Town Council From: Wade Carroll, Town Manager CC: Anita Otterson, Town Secretary Re: Interlocal Agreement for Administration of Court Services with the City of Roanoke February 14, 2023 Agenda Item: Consider and take appropriate action regarding the extension of the interlocal agreement for the administration of Municipal Court Services for the Town of Trophy Club by the City of Roanoke, Texas. (W. Carroll) Strategic Link: This item relates primarily to the following strategic priorities and goals of the Town’s strategy map. Administration and Financial Services- Evaluate cost benefit of departmental series and programs delivered. Background and Explanation: Beginning October 1, 2021 the City of Roanoke, through Interlocal Agreement (ILA) with the Town of Trophy Club, began providing court services for the Town. The ILA presented extends the contract ending in January 2022 until January 30, 2024, unless terminated by either party with a ninety (90) day written notice. Roanoke is compensated for these services through the retention of 50% of all court revenues collected after state fines and fees are paid to the State of Texas. The Town will maintain the Court of Record by appointing a Municipal Judge and Roanoke’s Municipal Judges as alternate judges for Trophy Club. Trophy Club has seen a positive swing in Court revenues since moving Court to Roanoke. Financial Considerations: Costs associated with future service are paid for from the revenue split between Roanoke and Trophy Club as described in the agreement. Legal Review: The ILA has been reviewed by Town Attorney David Dodd. 36 Page 2 of 2 Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends approval the extension of the interlocal agreement for the administration of Municipal Court Services for the Town of Trophy Club by the City of Roanoke, Texas. Attachments: •ILA for Current ILA for the Administration of municipal court services for TC Club by Roanoke. Town Council Approval: Mayor Alicia Fleury or designee 37 38 39 40 41 42 43 44 45 46 1 Town of Trophy Club Town Council Regular Session Minutes Tuesday, January 10, 2023; 7PM The Trophy Club Town Council met in a Regular Meeting on Tuesday, January 10, 2023. The meeting was held at Town Hall, 1 Trophy Wood Drive in the Council Chambers. TOWN COUNCIL MEMBERS PRESENT: 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 LuAnne Oldham Council Member, Place 5 Steve Flynn Council Member, Place 6 TOWN COUNCIL MEMBERS ABSENT: Alicia L. Fleury Mayor STAFF PRESENT: Wade Carroll Town Manager David Dodd Town Attorney Patrick Arata Police Chief Tony Jaramillo Director of Parks and Recreation Anita Otterson Town Secretary Matt Cox Community Development Director Jill Lind Marketing and Communications Director Denise Deprato Human Resources Director Ken Rawlinson Fire Marshal CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Pro Tem Lamont called the meeting to order at 7:00 PM and noted a quorum with six (6) Council Members present and one (1) absent. INVOCATION led by Pastor Joel Quile, Bara Church. PLEDGES led by Council Member Monger. Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. ANNOUNCEMENTS AND REPORTS 1.Issuance of Proclamation 2023-01 recognizing the passing of Kathy Whitworth (Council Member Steve Flynn). Council Member Monger made a motion to accept the proclamation as read. The motion was seconded by Council Member Beach. The motion passed unanimously 6-0. 2. Receive an update from Greater Northwest Soccer Association regarding their 2022 Fall Season (T. Jaramillo). 47 2 3. Receive an update from Trophy Club Roanoke Youth Baseball Association regarding their 2022 Fall Season (T Jaramillo). 4. Receive an update from Bobcat Youth Football Association regarding their 2022 Fall Season (T. Jaramillo). 5. May 6, 2023 Election Update (A. Otterson). PUBLIC COMMENTS Carol Tombari, 303 Meadowlake Dr., She has been appointed Town liaison for the Trophy Club Women’s Club and she wanted to introduce herself. CONSENT AGENDA 6. Consider and take appropriate action regarding a Requisition Request for the procurement of a Toro GrandStand 36” Stand-On Mower and a Toro 6000 Series 60” Mower in a not to exceed amount of $26,266.86 from Professional Turf Products (T. Jaramillo). 7. Take appropriate action regarding the Interlocal Agreement between the Town of trophy Club and Denton County for the use of the Denton County Radio Communication System; and authorizing the Mayor or her designee to execute all necessary documents. (P. Arata). 8. Consider and take appropriate action to approve the Regular Town Council Meeting Minutes of December 13, 2022 (A. Otterson). Council Member Beach made a motion to approve consent agenda items 6 – 8. The motion was seconded by Council Member Karl Monger. The motion passed unanimously 6-0. INDIVIDUAL ITEMS 9. Future Agenda Items List (W. Carroll). EXECUTIVE SESSION 10. 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 Negotiations regarding prospective commercial projects within the Town of Trophy Club. 1. Deliberate Economic Development Negotiations regarding prospective commercial projects within the Town of Trophy Club. Mayor Pro Tem announced that Council was going into executive session at 7:27 PM. RECONVENE INTO REGULAR SESSION Mayor Pro Tem announced Council was reconvening into Regular Session at 7:36 PM. ADJOURN Mayor Fleury adjourned the meeting at 7:36 pm. Attest: __________________________ __________________________ Anita Otterson, Town Secretary Alicia L. Fleury, Mayor 48 349 1 Town of Trophy Club Town Council Regular Session Minutes Council Retreat Saturday, January 21, 2023; 9 AM The Trophy Club Town Council met in a Regular Meeting on Saturday, January 21, 2023. The meeting was held at Homewood Suites, 2900 TX-114, Trophy Club, TX 76262 in the Trophy Room. 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 LuAnne Oldham Council Member, Place 5 Steve Flynn Council Member, Place 6 STAFF PRESENT: Wade Carroll Town Manager David Dodd Town Attorney Patrick Arata Police Chief Jason Wise Fire Chief Anita Otterson Town Secretary Matt Cox Community Development Director April Duvall Finance Director Denise Deprato Human Resources Director Ernest Gillespie Chief Financial Analyst Tamara Smith Assistant to the Town Manager Steve Woodard Police Captain CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Fleury called the meeting to order at 9:10 AM and noted a quorum with all Council Members present. INVOCATION led by Community Development Director Matt Cox. PLEDGES led by Council Member Beach Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. PUBLIC COMMENTS There was no one in attendance for Public Comments. ANNOUNCEMENTS AND REPORTS 50 2 1.Issuance of Proclamation 2023-02 proclaiming February as Black History Month in Trophy Club (Mayor Fleury). Mayor Fleury made a motion to accept the proclamation as read. The motion was seconded by Council Member Beach. The motion passed unanimously 7-0. 2. Issuance of Proclamation 2023-03 proclaiming February as Kindness Awareness Month in Trophy Club (Mayor Fleury). Mayor Fleury made a motion to accept the proclamation as read. The motion was seconded by Council Member Oldham. The motion passed unanimously 7-0. CONSENT AGENDA 3. Consider and take appropriate action regarding a requisition request for the procurement of services between Sunbelt Pools and the Town of Trophy Club in a not to exceed amount of $414,117.65 for the replacement of the mechanical components for both pump rooms at the town’s community pool facility (T. Jaramillo). Mayor Pro Tem Lamont made a motion to approve consent agenda item 3. The motion was seconded by Council Member Beach. The motion passed unanimously 7-0. COUNCIL RETREAT / GOAL SETTING SESSION 4. Discussion of the Town of Trophy Club’s strategic direction for the next 3-5 years (W. Carroll). a. Annual Update from Directors b. Focus Area Review c. Estimated Revenues for 2023 d. Full Time Equivalent (FTE) Evaluation e. Salary Survey Results/Proposed Changes f. Future Initiatives and CIP g. State Legislation to Watch Trophy Club Police Captain Steve Woodard, 2005 Concord Dr., Flower Mound, TX 75022 spoke regarding item 4E. He stated that the Trophy Club Police Department adheres to the highest standards of policy, practice and procedures. He is concerned that Trophy Club is losing the ability to compete in recruiting and retaining police officers. The highest performing Trophy Club police officer just resigned for a position with a competing agency in part because of our low salary structure. He is asking that Council consider item 4E with the idea that it is foundational to attracting and retaining police officers. He would like to see a pathway that leads to the upper end of our salary structure. A. Department Directors met one on one with Council to share information about accomplishments from 2022 for their respective departments and what they were working on for 2023. i. Council Member Flynn suggested that we create a “blog” style presentation for our website to introduce each Director that would include department highlights. Items discussed would be beneficial to residents, not just council. B. Wade Carroll presented the 2022 Annual Report, noted highlights from 2022 and touched on the focus areas to be covered in the retreat. C. Estimated revenues – i. Wade Carroll reported that the sales tax law changed twice last year. First, sales tax was paid to the point of delivery. We saw about a 16% increase in sales tax revenue. Cities with large manufacturing sued the State comptroller. Then it flipped. It has gone back to the point of delivery. In the last 2 months we have seen about a 2% gain on the same period from last year. We are figuring on 2% being the norm. Based on $1.4 million in sales tax revenue, 2% gain isn’t enough to budget on. So we are keeping sales tax revenue flat. 51 3 ii. Property tax – we have contacted Denton and Tarrant Counties – They are both saying 5%-9% increase on property values. This doesn’t take into consideration the homestead exemption. So a property may increase by 30%, but the taxable amount only can go up 10%. So, even if we only see a 5-6% gain this year, we still have the excess from last year that we can count on. iii. Fire Department takeover – The fire department is operated by the Town, but funded by the MUD. If we can move them over we can drop the MUD fire tax which is .05625. If we can eliminate that we can raise property taxes in as close to the same amount as possible, so the citizen doesn’t feel that much of a change. The only problem is a section of the MUD that is in Westlake. Westlake currently pays $450,000 per year in taxes to the MUD. So that’s $450,000 in “new” money, that has to be made up. If we eliminate the MUD tax and raise the property tax, we are now short $450,000. We’re looking at the CIP projects for the next 10 years. If we look at the cost in the next three years to replace streets and sidewalks, it’s about $7 million. If we take out a $7 million CO Bond to cover the CIP, there’s an opportunity to lower our I&S rate by $.01. By lowering the I&S rate, Instead of giving that tax rate back we can move it over to M&O, so we’re taking it out of our debt rate and moving it over to our operations rate, so now that’s about $215-220,000 in property tax valuations. So that reduces the shortfall from $450,000 to about $230,000. We are also able to consider the fire department services as a new service for the Town. We can take the cost to run the fire department and put it on last year’s No New Revenue rate; we can take what it cost to run the Town last year and stack the cost to run the Fire Department on top of that and we can go 3.5% (tax cap) off of that number, further reducing the $230,000 deficit. If we don’t take over the fire department, and our sales tax stays flat, and we see 5% growth in our property values, we’ll see new money of $463,000 over last year. Council Member Sheridan disagreed with the 5% growth forecast, stating that if we check with realtors they will confirm that there will not be any value increase or homeowners will be able to fight it to get no increase. Values of houses that have sold within the last 30 days are significantly down. He also asked for clarification on the assessed values above 1% that will put us in a shortfall and the assessed value below 3% will trigger an election. Town Manager Carroll stated that as our values increase we can lower the tax rate to stay at 3.5%. So, if Council wants all of the options presented – option 2 for employees (See item E- Salary Survey), and you want to take over the fire department, and you want to add a police officer and firefighter. If values only go up 3%, then the only way we can pay for that is to go above the 3.5% increase which would trigger an election. We would have to go above the voter approval rate. But, last year we only got 10%, but most values increased on average 16%-18%. We can still capture that 7% because that value is still there. Mayor Pro Tem Lamont asked if any of this would hinder us from taking over the MUD. Town Manager Carroll stated that the MUD is a proprietary fund for the Town which means it pays us. So, if we take over the MUD, we take over their taxing authority and all of their usage fees – the whole package comes with it. He stated that the MUD wants to turn over the Fire Department and we want to take it over because we can stay competitive on pay. The MUD tax to fund the fire department is only about .07. So the fire department is 90% of what they raise money on. They can only raise about $70,000 - $100,000 on their annual cost of the fire department before they hit the rollback amount. If we have to make a huge change in pay or something like that it’s going to put them above that voter approval rate. But, when they become ours, they become a smaller piece of a bigger pie. Now, we can absorb those changes without any issues. Council Member Sheridan asked what the benefit is to the citizens or the Town. Town Manager Carroll stated that the Fire Department is under the control of the Town today, the problem is the funding is not. So, if Chief Wise wants to add a new ambulance or somehow make changes to the service provided, we are only in control of the operations and the MUD is in control of the funding. If Council decides that something is important, we have to go to the MUD and ask if they can afford to give it to us. If they can’t it has to go to an election, then we’re probably not going to get it. Mayor Pro Tem Lamont asked if they funded the three additional firefighters. Town Manager Carroll said yes but last year firefighters received a big raise and the MUD didn’t fund the raise because it was going to push them over the voter approval rate. 52 4 Council Member Oldham asked if we would take over all the MUD capital assets and reserves. Town Manager said Yes, that is what we have agreed to verbally, but we don’t have it in writing. He stated that our ILA with the MUD is up in September, and the goal for today is to determine if it is still Council’s want to continue in that direction. D. FTE – Plan from last year was to hire one additional firefighter for 3 years. We have already hired one last year and have one scheduled to hire in 2024 and 2025. On the police side we have the same thing. We have a position to hire for in 2023 and one in 2024 and there is ½ officer currently on a grant that will come off in 2024 and we will have to figure out that cost. He suggests that one police officer be moved out one year, so that we take on the ½ new officer in 2024 and hire the new officer in 2025. E. Salary Survey – Human Resources Director Denise Deprato presented information on the current status of our payroll structure. She reviewed the 22 cities that she used to do her comparisons and stated they were selected because we compete with them for the same employees or because they offer similar services or have a similar population to Trophy Club. She presented 3 options for Council review for amending our current payroll structure. She discussed the compaction problem currently seen with tenured employees continuing to fall in the lower end of the pay range. i. Option 1 – Pay range starts (minimum salary) at 50th percentile and has a 51% spread – 3% increase/year based on time employed by TC – keeps current classification system - $632,000 ii. Option 2 – Pay range starts at 50th percentile, 2% increase/year – maxed at $10,000 – eliminates the current classification system, based on stand-alone classification - $355,554 iii. Option 3 – Keep the current pay plan as is – doesn’t meet 50th percentile – 3% per year increase - $268,365 F. Chief Wise spoke about partnering with Roanoke to add a joint Emergency Manager Coordinator position. The position will assist the Town when a major event hits the Town – tornado, flooding, wildfires, mass shootings, etc. The Emergency Manager Coordinator would coordinate all of the resources necessary to respond to the disaster – Who’s coming to help us? - American Red Cross, local religious organizations, FEMA. We have a great working relationship with Roanoke, we already share training and cover for each other in mutual aid. We can take advantage of joint training for Council and all staff. We can also combine efforts on a Hazard Mitigation Plan. We have just completed a plan with Denton County, that now needs to be maintained. The position will make sure that we are compliant with everything we need to get the resources available. Oversight of recovery activities would be managed by this position. A joint position would add a lot of value at a much-reduced cost. There is already a group that has implemented this exact plan. He has contacted the Emergency Manager Coordinator and they said the program is working very well. Advantages to Trophy Club – cost savings of shared salary, possibility of other cities joining us, Roanoke’s new police department with EOC would be a big resource for us, teamwork with neighboring cities. Council Member Beach asked if any other cities have done this. Chief Wise said Lake Worth and Saginaw have implemented this and the four cities that he has already mentioned – Duncanville, DeSoto, Lancaster and Cedar Hill. He stated that Westlake is also very interested in joining the group but currently their focus is on hiring firefighters. Council Member Oldham asked if we partnered with Roanoke for this position who would be responsible for office space, supplies, recruiting, etc. Chief Wise stated that that all needs to be worked out. We would first compile a list of what each town has to bring to the table and go from there, like who has a vehicle, who has office space, etc., then we would create the ILA . We want to make sure that this person spends equal time between the cities, that we share an emergency operations plan and that this person isn’t doing tasks outside of their position. Chief Arata stated that the position would be a great asset coordinating events, and could have been a great resource for recent incidents such as the lost high school student, or missing elderly person. Council Member Beach asked if there were any grants to fund this position. Chief Wise stated that he will search for grants to fund the position, equipment needed, etc. Town Manager Carroll stated that Chief Wise is our current Emergency Manager and that we aren’t nearly as prepared as we need to be if a major event occurred. He also stated that we’re going to have a disaster that takes more than 12 hours to resolve. We have our current Directors to assist us and we can’t work 53 5 them 24 hours a day. A partnership like this gives us access to one EOC, and 24 Directors, and all the resources that the other cities have to offer. There will be one person to make sure the paperwork happens to ensure the funding happens. Because it doesn’t matter how much money FEMA has, if you’re not in compliance, you won’t receive funding. Council Member Sheridan asked if there were any other ways to split the position, in lieu of 50/50, since Roanoke is larger in land and developed area. Town Manager Carroll stated that we have just as many chances for a natural disaster as Roanoke does – we have higher population and 4 schools in town so he feels a 50/50 split is correct. Council Member Sheridan asked what other financial responsibilities would we be responsible for since only salary and benefits has been presented. Town Manager Carroll stated that miscellaneous expenses have been considered in the “cost of position” presented. There will be other costs of doing business. Council Member Sheridan also asked if we share this position have we given up some of our responsibility to Roanoke. Town Manager Carroll said that the responsibility for emergency planning will always be ours. Council Member Oldham stated that it doesn’t matter which town is smaller/bigger, has higher density residential or more commercial, the same requirements, protocol and planning goes into both of them. Mayor Fleury stated that the direction would be to pursue this agreement with Roanoke. The final topic that Town Manager Carroll spoke on was the Parks Master Plan and last years decision to look at Trophy Club Park as a possible draw for Trophy Club. Parks and Rec Director Tony Jaramillo put together a plan that included each park and improvements that he thinks are important for each park. Council Member Beach asked what the financial benefit was to the Town from the recent motocross event at Trophy Club Park. Town Manager Carroll said those kinds of numbers are hard to nail down but we can compare hotel rooms occupied for that weekend with other weekends. Related to the use of Hot Funds, Tony has had to start tracking hotel occupancy for baseball tournaments. We can go to the hotels and ask for as little as $1 off the rate for tournament attendees and that’s how we identify the people staying for our events. Currently, there is a lot of work that needs to be done at Trophy Club Park, and we could have made a lot more money from the organization that ran the race, but, we allowed them to have it for free because they did about $5,000 of dirt moving to improve the track. In the master plan there are a lot of ideas for changes to the parks. Once we narrow down the list that we want to complete, we can put a timeline for completion and a cost for each item. Included in the master plan are the ball parks, the dog park which is one of the most popular parks in Town, and the medians that are maintained by the parks and rec department. We also have the entryway monumentation plan that we’re working on that will also include the medians so we have a continuity throughout town. As far as Trophy Club Park, we already have permission from the State to make any of these changes. Our goal is to make Trophy Club a place where people want to come and stay and spend their dollars here. G. Wade stated that TML has a great resource for searching for current legislative items. Some that we are watching are the appraisal cap which would reduce the cap for the homestead exemption from 10% to 5%. As a residential community, we rely so heavily on those property values. If we start moving away from the 10% increase then we start having the opposite effect from what legislators actually want. If they lower it to 3% then we’re going to have to raise taxes every year. So we have to keep that rate up. He’s already spoke to our legislators and April Duval is working on what the rate needs to be, which he will give to the legislators. Other possible legislation is a property tax installment – we’ll have to manage when we get the installments throughout the year – the way we budget and spend throughout the year. 54 6 Summary: Make sure Staff is on same page as council. Awareness of where we sit financially today and in the future Providing Services to make trophy club a premiere municipality and the costs associated with these services. Basic services – street repairs, fire department, police department – we already do well. It may come to the point where we need to do GO bonds to have enough funds to do the premiere services, asking the citizens to choose which services they want. Moving forward with option 2 salaries, moving forward with police and firefighter hires, getting these items added to the budget. Mayor Fleury stated that she would like to see option 2 salary numbers by March council meeting. . ADJOURN Mayor Fleury adjourned the meeting at 2:32 pm. Attest: __________________________ __________________________ Anita Otterson, Town Secretary Alicia L. Fleury, Mayor 55 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: Pavement Analysis Services by DTS Town Council Meeting, February 14, 2023 Agenda Item: Take appropriate action regarding a requisition for procurement of the pavement analysis services from Data Transfer Solutions (DTS) for the Town of Trophy Club for a fee not to exceed $29,212 for FY23. Strategic Link: Infrastructure & Development: 1. Develop a long-term evaluation and maintenance plan for all Town owned infrastructure (CIP projects). 2. Collaborate effectively with other governmental entities. Administrative & Financial Services: 1. Exercise fiscal discipline in all Town operations. Safety & Security: 1. Prioritize traffic Safety. 2. Foster a safe environment for residents and visitors. Background and Explanation: The Community Development Department is requesting the authorization and use to continue services with Data Transfer Solutions (DTS) for pavement analysis throughout the Town of Trophy Club, for a Council approved PO for $50,000 in FY22, yet did not roll into FY23. A total of $12,520 was paid out of the previous PO for services provided in FY22. Services were obtained through the TX Share program offered by NCTCOG. DTS is a Transportation Planning, Engineering, GIS, and Asset Management solutions company focused on performance-based analysis of infrastructure including pavement and any features above ground located within the right-of- way, including sidewalks, ADA ramps, and signs. 56 Page 2 of 2 Financial Considerations: Appropriations for the agreement with DTS will be acquired through the Street Maintenance Fund, Street Maintenance line item. The $29,212 will be used to issue a PO for DTS for FY23, leaving a remaining balance of $73,290.49 in 10-360-65500. Legal Review: The Town attorney has reviewed the agreement. Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends approval of the agreement with Data Transfer Solutions (DTS) for a fee not to exceed $29,212 for the purchase of continued pavement analysis for FY23. Attachments: •Data Transfer Solutions (DTS) Quote/Agreement •Requisition Request FY23 •Supporting Documents 57 PAVEMENT ANALYSIS SERVICES REQUEST FOR SERVICES ATTACHMENT A MAXIMUM PRICE PER TIERED GROUP Description: Unit Unit Base Cost $ Unit Cost ($) 0-200 Lane Miles Unit Cost ($) 201- 700 Lane Miles Unit Cost ($) 701+ Lane Miles Total Units Agreed Upon Cost ($)/Unit Total Agreed Upon Cost ($) 1 Automatically and continuously measure pavement cracking, texture, rutting, width, and pavement type Lane Mile1 $35 $35 $35 2 Collect pavement surface distress through automated means Lane Mile1 $40 $40 $40 3 Provide a digital condition rating system to collect user defined severity/extent based pavement distresses and pertinent roadway attributes to accommodate a standardized approach to collecting data Lump Sum $4,500 4 Collect dual-wheel path roughness data to International Roughness Index standards Lane Mile1 $5 $5 $5 5 Roadway information that shall be collected and provided to the Participant at a minimum includes items a. through i. in Roadway information³ Lane Mile1 $5 $5 $5 6 Collect digital images at 25-foot intervals of the road surface condition and link to a geodatabase (minimum forward facing imagery) Lane Mile1 $2 $2 $2 7 Collect sidewalk data to include location, length, width and condition and create shape (.shp) files for incorporation into the Participant’s GIS system, if applicable Lane Mile1 $20 $20 $20 8 Collect sidewalk ADA ramp data to include location, configuration, presence of truncated domes or other detectable warning feature, and condition and create shape (.shp) files for incorporation into the Participant’s GIS system, if applicable. Each $5 9 Collect roadway sign data to include type and location and create shape (.shp) files for incorporation into the Participant’s GIS system, if applicable Each $1.50 10 Collect photos of ADA ramps, sidewalks, and/or roadway signs inventoried under items 7, 8, and 9 above. Each $0 11 Collect location of curb and gutter and create shape (.shp) files for incorporation into the Participant’s GIS system, if applicable Linear Feet $0.01 0 60 2100 60 40 2400 1 4500 60 5 300 60 300 60 120 0 0 0 0 35 4500 5 2 58 12 Collect location and type of visible in-pavement features such as valves, manhole covers, etc. and create shape (.shp) files for incorporation into the Participant’s GIS system, if applicable Each $1 13 Load assessment data for all Participant- maintained pavements into a pavement management software system required by local government Participant(s), if applicable. Cost includes base cost plus lane mile unit cost. Each Partici pant $4,500 $0 $0 $0 14 Implement map module so that pavement condition and other data can be integrated, displayed, and accessed through the map interface in a format consistent with the Participant’s horizontal and vertical control network system, if applicable. Cost includes base cost plus lane mile unit cost. Each Partici pant $1,750 $0 $0 $0 15 Provide to the Participant the pavement condition data in a pavement management system database approved by Participant. Coordinate with the Participant’s IT department to provide pavement condition data in a format compatible with the Participant’s Environmental Systems Research Institute (ESRI) GIS database, if applicable. Cost includes base cost plus lane mile unit cost. Each Partici pant $1,750 $0 $0 $0 16 Calculate a Pavement Condition Index (PCI) score for each road segment using an approved pavement management system and in accordance with ASTM D6433. Provide results compatible with the Participant’s GIS database, if applicable Lane Mile1 $4 $4 $4 17 Calculate the International Roughness Index for each road segment in accordance with ASTM E1926. Provide results compatible with the Participant’s GIS database, if applicable Lane Mile1 $1 $1 $1 18 With input from Participant’s staff, devise a weighing system taking into account PCI, IRI, average daily traffic for thoroughfares (traffic count raw data provided by Participant), and public safety emergency routes; and apply this 0-100 numeric index to the roadway information collected for the entire jurisdiction. Cost includes base cost plus lane mile unit cost. Lane Mile1 $4,000 $1 $1 $1 19 Estimate the annual budget required to meet the long term goals regarding desired pavement condition levels. Cost includes base cost plus lane mile unit cost. Each Partici pant $2,500 $0 $0 $0 20 Create a five year and ten year pavement rehabilitation plan with input from Participant’s staff. Cost includes base cost plus lane mile unit cost. Each Partici pant $2,500 $0 $0 $0 21 Recommend the computer hardware and software needed for successful implementation, potentially including recommendations for licenses of pavement management system software and other geodatabase software as needed. Each Partici pant $500 22 Train Participant staff and provide assistance to the Public Works and IT Department as needed for the use of data collected through the fully automated system (20 person maximum per class) Day $2,000 0 60 60 1 1 0 0 0 0 4 240 1 60 0 2500 2500 2500 2500 0 59 23 Collect and analyze pavement structural condition information through the use of a falling weight deflectometer in accordance with industry standards on designated participant- owned roadways ** 24 Collect and analyze pavement structural condition information through the use of Ground Penetrating Radar (GPR) in accordance with industry standards on designated participant-owned roadways ** 25 Collect and analyze pavement structural condition information through the use of pavement cores in accordance with industry standards on designated participant-owned roadways (traffic control included)2 ** SUBTOTAL 26 Additional miscellaneous services, selected by Participant, not to exceed 15% of total bid. (Enter total amount here. Services are to be detailed on a separate page.) TOTAL ¹Lane mile is to be defined as a mile traveled as 1. A single pass on alleyways 2. A centered single pass on residential streets 3. Includes the outside lane in each direction for collectors and arterials (2 total). ²Spacing for pavement cores to be negotiated with each participant. ³Roadway information that shall be collected and provided to the Participant at a minimum includes: a. Street Name b. Endpoint One, Endpoint Two, and Segment ID c. Segment Length and Pavement Width d. Inventory Date e. Pavement Type f. Segment Functional Classification g. Pavement condition scored depending on the requirements of local government Participant(s) (Example: Pavement condition scored as one of the MicroPaver 19 surface distress codes with corresponding unit of measure scored every 100 feet longitudinally) h. Pavement performance information that includes rutting using a minimum of seven (7) sensors (include pricing for nine (9) sensors as well), fatigue cracking, transverse cracking using a minimum of four sensors, and longitudinal cracking i. Pavement age (if necessary to develop pavement life curves) **Services to be negotiated with each community when requested. These items may require the service of an engineer, either p rovided by the client or contracted by the vendor. Data Transfer Solutions, LLC Participant Signature: ______________________________ Signature: ______________________________ Names: ______________________________ Name: ______________________________ Title: ______________________________ Title: ______________________________ Date: ______________________________ Date: ______________________________ Donna M. Huey President 5/13/22 56 26712477 0 0 41732 0 41732 60 PURCHASE REQUISITION FORM PO Number Date :2/3/2023 Department Streets Vendor (Name & Address)Delivery Address Project# Data Transfer Solutions, LLC 1 Trophy Wood Drive 3680 Avalon Park E Blvd, Ste. 200 Trophy Club, TX 76262 Orlando, FL 32828 Account Number Description Quantity Unit Amount Total Amount 10-360-65500 Pavement Analysis 1 $29,212.00 $29,212.00 $12,520 used of the $41,732 FY22 PO, leaving a remaining balance of $29,212 for FY23 $- $- $- $- $- $- $- $- Co-op info:Purchase through TX Share ILA with NCTCOG $- Total $29,212.00 Vendor Packet Updated______________________________________________________________________________________________________ed: 5/12/2022 This is for Data Transfer Solutions (DTS) to continue conducting pavement analysis and to provide information on the data collected. Not to exceed $29,212 in FY23, leaving a balance of $73,290.49 in 10-360-65500. Comments Kevin O'Dell Requested by: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. 61 62 63 64 65 66 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: The Falcon Estates (7H) Developer’s Agreement Town Council Meeting, February 14, 2023 Agenda Item: Consider and take appropriate action regarding a Developer’s Agreement between the Town of Trophy Club and Trophy Club Estates Development, L.P. for the Falcon Estates (7H); and authorizing the Mayor or her designee to execute all necessary documents. Background and Explanation: On December 13, 2022, Council approved the Final Plat for the Falcon Estates at Trophy Club (formerly gas well site 7H) consisting of nine (9) residential lots and one (1) common/open space lot with a public cul-de-sac street serving each lot, containing approximately 3.692 acres of land. The Developer’s Agreement was not presented and approved with the Final Plat due to staff, council and legal review, consultations, and revisions. As a result, this Developer’s Agreement is now ready for consideration and approval so Trophy Club Estates Development, LP. may begin construction of infrastructure at Falcon Estates (7H). As per subdivision Ordinance 10.02.201 requirements, a Developer’s Agreement shall be signed by the Mayor after engineering plans and cost estimates have been approved. Trophy Club Estates Development, L.P. is responsible for the public improvements principally listed in the Chapter 10, Article 10.02, Division 4. 1) Water Distribution System 2) Sanitary Sewer System 3) Drainage and Storm Sewer 4) Street Construction A homeowner’s association (HOA) will be created with the filing of the Final Plat that will own and maintain any common areas/lots. Additionally, the satisfaction of Parkland Dedication shall be paid prior to construction beginning and the issuance of building permits. 67 Page 2 of 2 Article 10.03 Parkland Dedication and Open Space Section 10.03.009. Dedication or payment required prior to beginning development. It shall be unlawful for any person who is required to convey land, or pay money in lieu of land, as required by this article, to begin, or allow any other person or contractor to begin, any construction or improvements on any land within the development to which this article applies, until the required conveyance of land or payment of money in lieu of land is made to the town in accordance with this article. Section 10.03.010 Dedication or payment required prior to issuance of building permits or provision of utility service. No building permits shall be issued for, and no permanent utility services shall be provided to any land within any development to which this article applies until the required conveyance of land or payment of money in lieu of land is made to the town in accordance with this article. Financial Considerations: None applicable. Legal Review: The Town Attorney has reviewed the Developer’s Agreement and has no objection. Board/Commission/ or Committee Recommendation: None applicable. Staff Recommendation: Staff recommends approval of the Developer’s Agreement for the Falcon Estates, 7H. Attachments: •Developer’s Agreement •Supporting Documents 68 27843539v2 56310.002.33 THE FALCON ESTATES DEVELOPMENT CONTRACT FOR PUBLIC IMPROVEMENTS WHEREAS, TROPHY CLUB ESTATES DEVELOPMENT, LP (the “Developer”), whose business address is 13101 Preston Rd., Suite 510, Dallas, TX 75240, is the developer of real property located in the limits of the Town of Trophy Club, being described as THE FALCON ESTATES SUBDIVISION (the “Development”), an unrecorded subdivision to the Town of Trophy Club, Texas; also known as Parcel 7H being further identified on Exhibit A attached thereto; North Texas Contracting, Inc (the “Contractor”) is the Contractor hired by Developer; and WHEREAS, Developer wishes to enter into this agreement with the TOWN OF TROPHY CLUB, TEXAS (the “Town”) to provide for the construction of certain public improvements (the “Public Improvements”), as described in Exhibit B attached hereto and made a part hereof by reference, which, among other things, are necessitated by and will serve the Development; and WHEREAS, this agreement is entered into pursuant to Subchapter C of Chapter 212 of the Texas Local Government Code as a condition of plat approval and the Public Improvements are roughly proportional to the benefits received and burdens imposed by the Development; and WHEREAS, this agreement is required to ensure that the Public Improvements are constructed in accordance with the Town’s standard specifications for public works projects, applicable ordinances and design criteria manuals (“Standard Specifications”), and the plans and specifications prepared by Developer’s engineer, BGE (“Developer’s Engineer”) dated October 2022, which were approved by the Town and are on file in the office of: Teague, Nall & Perkins, Tom Rutledge, Town Engineer, 100 69 27843539v2 56310.002.33 Macon Street, Fort Worth, Texas 76102 (“Town Engineer”), which may be amended with the written approval of the Town Engineer or their designee (the “Project Specifications”), such Standard Specifications and Project Specifications being incorporated hereby by reference and herein called the “Plans and Specifications”; and WHEREAS, the Developer understands and agrees that it is responsible for and has retained at its sole expense, the Developer’s Engineer to design the Public Improvements in accordance with the Standard Specifications, taking into consideration the specific site conditions that may impact the Public Improvements; and WHEREAS, the Developer shall provide for the construction of the Public Improvements by and through North Texas Contracting, Inc, (the “Contractor”) whose address is 4999 Keller Haslet Rd., Keller, TX. 76248, a construction contractor experienced in the construction of improvements similar to the Public Improvements and, the contractor shall meet Town and Statutory requirements for being insured, and licensed and bonded to perform work in public rights-of-way and to be qualified in all respects to bid on public streets and public projects of a similar nature, and the Developer agrees to submit contract documents to the Town and participate in pre-construction meetings with the Town and all Developer contractors; and WHEREAS, Developer and Contractor recognize that the Town has an interest in ensuring that the Public Improvements, which will, upon completion and acceptance by the Town, become public property, are properly constructed in accordance with the Plans and Specifications and that payment by Developer is provided therefor; NOW THEREFORE, The Developer, Contractor and Town (the “Parties”) in consideration of their mutual promises and covenants contained herein agree as follows: 1. Covenants of Developer and Contractor: a. Construction: Developer and Contractor shall construct the Public Improvements in accordance with the Plans and Specifications and complete the Public Improvements on or before eighteen (18) months from the final 70 27843539v2 56310.002.33 date of execution of this Contract. Developer shall be responsible for all monies due to the Contractor for construction of the Public Improvements. In no event shall the Town be responsible for payment of any of the expenses or costs to construct the Public Improvements. The Town Engineer in their discretion may require the Developer to provide security for payments to the Contractor, which may be in the form of a cash deposit with the Town, a letter of credit, a dedicated construction account with a lending institution approved by the Town Engineer, or other security that the Town Engineer in their discretion deems adequate to ensure that the Developer does not default in its payment obligations to the Contractor. b. Authority of Town Engineer, Inspections, Tests and Orders, Developer and Contractor Warranty. All work on the Public Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the Town Engineer or their representative. The Town Engineer shall decide all questions, which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of the Plans and Specifications and may reject any work not performed in accordance with the Plans and Specifications. The contractor, its surety on the performance bond required herein, and the Developer, warrant, that the Public Improvements will be free from defects in materials and workmanship and that they will pay to remedy same for a period of two years after the completion of the Public Improvements and final acceptance by the Town. This warranty shall not constitute a limitation on the duty to remedy latent defects in construction that were not known at the time of final acceptance or within said two-year warranty period. The Developer and Contractor shall furnish the Town Engineer or their representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the Plans and Specifications applicable thereto. Any work done, or materials used without 71 27843539v2 56310.002.33 suitable inspection by the Town may be ordered removed and replaced at Contractor’s expense. The Town Engineer or their designee shall perform periodic inspections of the work and shall perform a final inspection prior to final acceptance by the Town and an inspection 30 days prior to the expiration of two years from the date of final completion and acceptance of the work by the Town. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the Town Engineer or their representative, the Town Engineer shall notify the Developer of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the Town Engineer, the Town shall have no obligation under this agreement to approve or accept the Public Improvements and the Town may withhold, suspend or revoke any permits or other approvals for the Development until such matter is remedied to the satisfaction of the Town Engineer. c. Insurance. Contractor shall provide insurance in form and substance in accordance with the Town’s standard insurance requirements for public works projects, which are on file in the Town and/or in the Office of the Town Engineer and which are incorporated herein by reference. d. Means and Methods of Construction. The means and methods of construction shall be such as Contractor may choose; subject, however, to the Town’s right to reject the Public Improvements for which the means or method of constructions does not, in the judgment of the Town Engineer, assure that the Public Improvements are constructed in accordance with Plans and Specifications. 72 27843539v2 56310.002.33 e. Books and Records. All of the Developer’s and the Contractor’s books and other records related to the construction of the Public Improvements shall be available for inspection by the Town, f. Performance and Maintenance Bonds. Prior to the execution of this agreement, the commencement of construction or the issuance of any building permits, Developer or Contractor shall present to TOWN performance bond(s), payment bond(s) and maintenance bond(s) that meet the requirements of Chapter 2253 of the Texas Government Code. Each bond shall be in the full amount of the costs to construct the Public Improvements, as estimated by the Developer’s engineer and approved by the Town’s engineer, in favor of the Town ensuring completion of the Public Improvements in accordance with the Plans and Specifications and warranting against defects in materials and workmanship for a period of two years from the date of final acceptance by the Town as provided in 1(b) herein. The Contractor shall provide a written estimate of the costs to construct the public improvements. The estimated public improvement construction costs shall be included in Exhibit B. The performance bond(s), payment bond(s) and maintenance bond(s) shall be executed by a corporate surety authorized to do business in Texas in accordance with Chapter 2253 of the Texas Government Code, shall be on the Town’s standard form or such other form approved by the Town, and shall contain a local resident agent for service of process. The Developer or Contractor may be a co-obligee on the performance bond with regard to the Contractor’s obligations. g. Payment Bonds. The Developer or Contractor shall execute a payment bond in the full amount of the costs to construct the Public Improvements in favor of the Town insuring against claims from suppliers and subcontractors. The payment bond shall be executed by a corporate surety authorized to do business in Texas in accordance with Chapter 2253 of the Texas Government 73 27843539v2 56310.002.33 Code, shall be on the Town’s standard form or such other form approved by the Town, and shall contain a local resident agent for service of process. The Developer or Contractor may be a co-obligee on the payment bond. h. Retainage – Final Payments. As security for the faithful completion of the Public Improvements, Contractor and Developer agree that the Developer shall, retain ten (10) percent of the total dollar amount of the contract price until after final approval or acceptance of the Public Improvements by the Town. The Developer shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the Developer satisfactory evidence including an affidavit that all indebtedness has been paid, that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for all and used in the performance of the work have been paid or otherwise satisfied. In addition, Contractor shall provide Developer with a consent to final payment from the payment bond surety. i. Encumbrances. Upon completion and final acceptance of the Public Improvements by the Town, the Public Improvements shall become the property of the Town free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Public Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Public Improvements, or land dedicated to the Town, to which they are affixed, the Developer and Contractor shall upon notice by the Town promptly cause such claim, lien, charge or encumbrance to be satisfied and released or promptly post a bond with the Town in the amount of such claim, liens, charge or encumbrance, in favor of the Town, to ensure payment of such claim, lien, charge or encumbrance. j. INDEMNIFICATION. THE DEVELOPER AND CONTRACTOR SHALL AND HEREBY DO INDEMNIFY, DEFEND AND HOLD 74 27843539v2 56310.002.33 HARMLESS, THE TOWN, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, NAME AND DESCRIPTION BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED AS SUSTAINED BY ANY PERSON, PERSONS OR PROPERTY ON ACCOUNT OF THE OPERATIONS OF THE CONTRACTOR, THEIR AGENTS, EMPLOYEES OR SUBCONTRACTORS; OR ON ACCOUNT OF ANY NEGLIGENT ACT OR FAULT OF THE CONTRACTOR, THEIR AGENTS, EMPLOYEES OR SUBCONTRACTORS IN CONSTRUCTION OF THE IMPROVEMENTS; AND SHALL PAY ANY JUDGMENT, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE TOWN GROWING OUT OF SUCH INJURY OR DAMAGE. k. Approval by the TOWN Engineer of any plans, designs or specifications submitted by the DEVELOPER pursuant to this AGREEMENT shall not constitute or be deemed to be a release of the responsibility and liability of the DEVELOPER, his engineer, employees, officers or agents with respect to the construction of any of the PROJECT'S improvements or facilities, or for the accuracy and competency of the PROJECT'S improvements and facilities design and specifications prepared by the DEVELOPER'S consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that the approval by the TOWN Engineer signifies the TOWN'S approval on only the general design concept of the improvements and facilities to be constructed. l. The Developer and Contractor are responsible for all liability for drainage to adjacent and downstream property, but only to the extent directly caused by the design and construction of the Public Improvements contemplated by this agreement. 75 27843539v2 56310.002.33 m. This Developer’s Agreement shall be construed in accordance with the Town of Trophy Club, Texas Subdivision Regulations and all other applicable ordinances. Any conflicts between the provisions of this Developer’s Agreement, the Town’s Subdivision regulations, Town Ordinances, and State and Federal Law, shall be construed in favor of the Town’s Ordinances as allowed by law, subject to Chapter 245 of the Local Government Code. To the extent any such conflict exists, only that portion of the Developer’s Agreement in conflict shall be severable from the other provisions of the Agreement, and such conflict shall in no manner affect the validity or enforceability of the remaining provisions. n. All rights, remedies and privileges permitted or available to the Town under this Agreement or at law or equity shall be cumulative and not alternative, and election of any such right, remedy or privilege shall not constitute a waiver or exclusive election of any rights, remedies or privilege with respect to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance by the Town in the enforcement of any such right, remedy or privilege, shall not constitute a waiver of such right, remedy or privilege by the Town. A default under this agreement by the Town shall not result in forfeiture of any rights, remedies, or privileges under this Agreement by the Town. 2. Agreement Controlling. The provisions of this agreement shall control over any conflicting provision of any contract between the Developer and any other entity as to the construction of the Public Improvements. 3. Covenants of Town of Trophy Club. Upon proper completion of the Public Improvements in accordance with this agreement, the Town agrees to accept the Public Improvements. 4. Nexus and Rough Proportionality. The Developer acknowledges and agrees that there is a reasonable nexus between the demands created by the Development and the 76 27843539v2 56310.002.33 Public Improvements, and that the costs associated with the construction and dedication of land for the Public Improvements is roughly proportional to the benefits received and the burdens imposed by the Development. The Developer shall indemnify and hold the Town harmless against any claim by it or others claiming through it, that the required Public Improvements and associated dedication of land are unlawful exactions. 5. Venue and Governing Law. The Parties herein agree that this agreement shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this agreement shall be construed in accordance with the laws and court decisions of the State of Texas. 6. Successor and Assigns. This contract shall be binding upon and inure to the benefit of the parties, hereto, their respective successors and assigns. This agreement may not be assigned without written consent of the Parties. 77 27843539v2 56310.002.33 Executed this, ____ day of January 2023. DEVELOPER: NAME: ______________________________________ BY: _________________________________________ Name: Title: Address: CONTRACTOR: NAME: ______________________________________ BY: _________________________________________ Name: Title: Address: TOWN OF TROPHY CLUB BY: _________________________________________ Alicia L. Fleury, Mayor ATTEST: BY: _________________________________________ Anita Otterson, Town Secretary APPROVED AS TO FORM: BY: _________________________________________ J. David Dodd, Town Attorney 78 27843539v2 56310.002.33 Exhibit A LEGAL DESCRIPTION FIELD NOTES TROPHY CLUB 7H BEING a tract or parcel of land situated in the R. Allen Survey, Abstract Number 5 in the Town of Trophy Club, Denton County, Texas, and being part of a tract of land conveyed to Beck Properties Trophy Club, L.P. by deed recorded in Clerk File Number 93-R00875I6, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a 5/8" iron rod found for the most southernly east corner of said Beck Properties, being in the east line of a tract of land Quit-Claimed to R. D. Busby by deed in Volume 462, Page 422, Deed Records, Denton County, Texas; THENCE North I5E23'24" West along the said east line of said Beck Properties a distance of 406.80 feet to a U.S. Army Corps of Engineers Monument found for corner; THENCE North 09E 13'42" West a distance of 426.42 feet to the POINT OF BEGINNING; THENCE South 84E59'29" West a distance of 50.00 feet to a point for corner; THENCE North 05E00'31" West a distance of 492.5I feet to a point for corner; THENCE North 84E59'29" East a distance of3 I6.70 feet to a point for corner; THENCE South IOE39'25" East a distance of84.27 feet to a point for comer; THENCE South 05E00'3I" East a distance of329.55 feet to a point for corner; THENCE South 13E39'1O" West a distance of 70.61 feet to a point for corner; THENCE South 49£23'55" West a distance of 53.46 feet to a point for corner; THENCE North 89£50'00" West a distance of209.79 feet to the POINT OF BEGINMING and containing 3.692 acres of land, more or less. 79 27843539v2 56310.002.33 Exhibit B –Public Improvements Breakdown NORTH TEXAS CONTRACTING, INC. PROJECT: LOCATION: BID DATE: CONTACT: EMAIL: GAS WELL HOME DEVELOPMENT SITES TROPHY CLUB, TEXAS 10.3.22 ADAM BERNARD ADAMB@NTEXCON.COM Item No. Description Qt Unit Bid Unit Bid Amount BREAKDOWN OF PERMANENT PUBLIC IMPROVEMENTS 0.00 0.00 HAWTHORN ESTATES 0.00 0.00 0.00 0.00 STORM 24" CL-III RCP (T&G) 126 LF 85.00 10,710.00 10" CURB INLET 1 EA 4,500.00 4,500.00 ROCK RIPRAP 17SY 85.00 1,445.00 0.00 0.00 WATER 8" DR-18 WATER LINE 416 LF 60.00 24,960.00 6" DR-18 WATER LINE 16 LF 55.00 880.00 6" GATE VALVE 2 EA 1,850.00 3,700.00 8" GATE VALVE 2 EA 2,100.00 4,200.00 FIRE HYDRANT 2 EA 4,000.00 8,000.00 1" DOMESTIC SERVICE 9 EA 500.00 4,500.00 12" X 8" TAPPING SLEEVE 1 EA 3,000.00 3,000.00 0.00 0.00 SANITARY 8" SDR-26 SANITARY PIPE 197 LF 50.00 9,850.00 8" SDR-35 SANITARY PIPE 278 LF 45.00 12,510.00 4' DIA MANHOLE 3 EA 4,500.00 13,500.00 4" DOMESTIC SERVICE W/ CLEANOUT 9 EA 650.00 5,850.00 0.00 0.00 CONCRETE 6" 4000 PSI PAVING 1480 SY 55.00 81,400.00 4" 3000 PSI SIDEWALK 168 SF 6.00 1,008.00 0.00 0.00 TOTAL: $ 190,013.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 80 BGE, INC.Know what'sbelow.before you dig.CallR(@ least 48 hours prior to digging)CIVIL CONSTRUCTION PLANSTHE FALCON ESTATES AT TROPHY CLUBFORINTOWN OF TROPHY CLUB, TEXASDENTON COUNTYJANUARY 2023LOCATION MAPNOT TO SCALETHE FALCON ESTATES AT TROPHY CLUB TROPHY CLUB, TEXAS8960-00-7H777 Main Street, Suite 1900, Fort Worth, TX 76102BGE, Inc.TBPE Registration No. F-1046Tel: 817-887-6130●www.bgeinc.comCopyright 2021Contact: Jaime Soria Jr.Telephone: (817)-872-6010JSORIA@BGEINC.COMBEING 3.692 ACRES OUT OF THERICHARD W. ALLEN SURVEY, ABSTRACT NO. 5 ANDTHE JOHN R. MICHAEL SURVEY, ABSTRACT NO. 82013101 Preston Rd., Ste 510BECK VENTURESContact:Yochoua ArrouasDirector of Operations & DevelopmentTel: 214-556-4620 (Office)Tel: 979-574-5523 (Cell)Dallas, Texas 75240BGE, Inc.F-1046Sheet NumberSheet TitleC-0COVER SHEET--PLATC-1.1GENERAL NOTESC-2.1PAVING PLAN & PROFILEC-3.1GRADING PLANC-4.1EXISTING DRAINAGE AREA MAPC-4.2PROPOSED DRAINAGE AREA MAPC-4.3STORM DRAIN PLANC-5.1WATER & WASTEWATER PLANC-6.1EROSION CONTROL PLANC-6.2EROSION CONTROL DETAILSC-7.1CITY DETAILSC-7.2CITY DETAILSC-8.1STREET LIGHT PLAN81 RICH A R D W. A L L E N S U R V E Y, ABST R A C T N o . 5 JOH N R . M I C H A E L S U R V E Y , ABST R A C T N o . 8 2 0 P.O.B.TROPHY CLUB DRIVEFALCON DRIVEMONA VALE ROADKENT STREET G:\TXN\Projects\Scott Beck\8960-00-Trophy_Club_Sites_2H-15H\SV\04_Finals\8960-00_7H\8960-00_7H_FPLT.dwg 2022-11-30-14:35 jhorn8040200 SCALE: 1" = 40' VICINITY MAP GENERAL NOTES: 1.Bearing system for this survey is based on the North American Datum of 1983, NA2011 (Epoch 2010.00), Texas State Plane Coordinate System, North Central Zone 4202, based on observations made on May 25, 2021 with an applied combined scale factor of 1.00015063. Distances and areas shown are surface values in U.S. Survey Feet. 2.The floodplain boundaries are not shown hereon. The subject tract lies with Zone X as delineated on Flood Insurance Rate Map for Denton County, Texas and Incorporated Areas, Map Number 48121C0515G with Map Revised April 18, 2011. Zone X - Areas determined to be outside the 0.2% annual chance floodplain 3.The Town or the MUD, as applicable, shall issue no permit until the completion of all dedicated improvements, and acceptance of such improvements associated with the subdivision, are approved by the Town. 4.The Falcon Estates at Trophy Club HOA shall be responsible for the operation and maintenance of any commonly held property and releases the Town of Trophy Club from such responsibility. Should the entity responsible for maintenance of common held property fail to perform the function, the Town has the authority to provide appropriate maintenance and repair and collect appropriate fees and reimbursements. 5.Selling a portion of this addition by metes and bounds is a violation of Town ordinance and State law and is subject to fines and withholding of utilities and building permits. 6.This plat does not alter or remove existing deed restrictions, if any, on this property. 7.The purpose of this plat is to create 8 Residential Lots and 1 Open Space lot. 8.Lot 9X is an Open Space lot and shall be owned an maintained by The Falcon Estates at Trophy Club HOA. FINAL PLAT THE FALCON ESTATES AT TROPHY CLUB 9 TOTAL LOTS 8 RESIDENTIAL LOTS LOTS 1-8, BLOCK A 1 OPEN SPACE LOT LOT 9X, BLOCK A BEING 3.692 ACRES OUT OF THE RICHARD W. ALLEN SURVEY, ABSTRACT NUMBER 5 TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS NOVEMBER 2022 SHEET 1 OF 2 VICINITY MAP (NOT TO SCALE) 777 Main Street, Suite 1900, Fort Worth, TX 76102 BGE, Inc. TBPELS Registration No. 10194416 Tel: 817-887-6130 • www.bgeinc.com Copyright 2022 SURVEYOR CIRS 5/8" IRON ROD SET WITH "BGE" CAP CIRF CAPPED IRON ROD FOUND (AS NOTED) /M.R.D. MONUMENT OF RECORD DIGNITY P.O.B.POINT OF BEGINNING CAB., PG.CABINET, PAGE DOC. NO.DOCUMENT NUMBER O.R.D.C.T.OFFICIAL RECORDS DENTON COUNTY, TEXAS P.R.D.C.T.PLAT RECORDS DENTON COUNTY, TEXAS R.O.W.RIGHT-OF-WAY SQ. FT.SQUARE FEET ABSTRACT LINE EASEMENT LINE LOT LINE PROPERTY LINE LEGEND Contact: René Silvas, R.P.L.S. Telephone: 817-752-4183 —Email: rsilvas@bgeinc.comCabinet_________, Page_______ OWNER 13101 Preston Road, Suite 200 Dallas, TX 75240 C OIL INVESTMENTS, LTD. 82 G:\TXN\Projects\Scott Beck\8960-00-Trophy_Club_Sites_2H-15H\SV\04_Finals\8960-00_7H\8960-00_7H_FPLT.dwg 2022-11-30-14:35 jhornOWNER'S DEDICATION That, C OIL INVESTMENTS, LTD., does hereby adopt this plat designating the hereinabove described real property as THE FALCON ESTATES AT TROPHY CLUB, an addition to the Town of Trophy Club, Denton County, Texas, and do hereby dedicate to the public's use forever the streets and easements shown thereon. WITNESS, my hand this the _____ Day of ___________________ , 2022. BY: _______________________________ NAME: TITLE: STATE OF TEXAS § COUNTY OF _______________________ § BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appeared _______________________________, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed and in the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _____ day of ___________________ , 2022. ______________________________________________ Notary Public, The State of Texas My Commission Expires _____________________________ UTILITY CERTIFICATE THE UNDERSIGNED UTILITY HAS REVIEWED THE FINAL PLAT AND IS IN AGREEMENT WITH THE LOCATION OF ALL EASEMENTS AND RIGHTS- OF -WAY SHOWN ON THE PLAT. CHARTER ONCOR ELECTRIC DELIVERY AT&T ATMOS ENERGY CORPORATION TROPHY CLUB M.U.D. TOWN COUNCIL & PLANNING AND ZONING COMMISSION APPROVAL APPROVED: _____________________________________ TOWN OF TROPHY CLUB DENTON COUNTY, TEXAS BY: , MAYOR DATE: ____________________________________ ATTEST: , TOWN SECRETARY DATE: ____________________________________ ATTEST: , PLANNING AND ZONING COMMISSION CHAIRMAN DATE: ____________________________________ OWNER'S CERTIFICATE BEING, all of that 3.692 acre (160,805 square foot) tract of land situated in the Richard W. Allen Survey, Abstract Number 5 in the Town of Trophy Club, Denton County, Texas; being all of that tract of land described in Amendment to General Warranty Deed to C Oil Investments, Ltd. as recorded in Document No. 2005-33028 of the Official Records of Denton County, Texas; said 3.692 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING, at a 5/8-inch iron rod with “BGE” cap set at the northwest corner of said C Oil tract; said point being in the east line of Lot 19X, Block HH, The Highlands at Trophy Club Neighborhood 6, Phase 3B Addition, an addition to the Town of Trophy Club, as recorded in Document No. 2012-224 of the Plat Records of Denton County, Texas; from said point an “X” cut in concrete found for corner bears North 00 degrees 20 minutes 43 seconds West, a distance of 52.70 feet; THENCE, North 84 degrees 58 minutes 34 seconds East, a distance of 316.70 feet to a 5/8-inch iron rod with “BGE” cap set at the northeast corner of said C Oil tract; said point being in a west right-of-way line of Trophy Club Drive (variable width right-of-way) as dedicated by the plat of Trophy Club Drive, Phase 2 and Trophy Park Drive, an addition to the Town of Trophy Club, as recorded in Cabinet Y, Page 235 of said Plat Records; said point being the southeast corner of Kent Street (50-foot right-of-way) as dedicated by the plat of said The Highlands at Trophy Club Neighborhood 6, Phase 3B; THENCE, South 10 degrees 40 minutes 20 seconds East, with the east line of said C Oil tract and the west line of said Trophy Club Drive; at a distance of 30.00 feet passing a southwest corner of said Trophy Club Drive, said point being the most northerly northwest corner of that called 10.057 acre tract of land described in General Warranty Dedication Deed to the Town of Trophy Club, Texas as recorded in Document No. 2008-13746 of said Official Records, continuing in all a total distance of 84.27 feet to a 5/8-inch iron rod with “BGE” cap set for corner; THENCE, with the common line between said C Oil tract and said 10.057 acre tract, the following five (5) courses and distances: South 05 degrees 01 minutes 26 seconds East, a distance of 329.55 feet to a 5/8-inch iron rod with “BGE” cap set for corner; South 13 degrees 38 minutes 15 seconds West, a distance of 70.61 feet to a 5/8-inch iron rod with “BGE” cap set for corner; South 49 degrees 23 minutes 00 seconds West, a distance of 53.46 feet to a 5/8-inch iron rod with “BGE” cap set for corner; North 89 degrees 51 minutes 05 seconds West, a distance of 209.78 feet to a 5/8-inch iron rod with “BGE” cap set for corner; South 84 degrees 58 minutes 34 seconds West, a distance of 50.00 feet to a 5/8-inch iron rod with “BGE” cap set at the southwest corner of said C Oil tract and the most westerly northwest corner of said 10.057 acre tract; said point being in the east line of said Block HH; THENCE, North 05 degrees 01 minutes 26 seconds West, with the west line of said C Oil tract and the east line of said Block HH, a distance of 492.51 feet to the POINT OF BEGINNING and containing an area of 3.692 acres or 160,805 square feet of land, more or less. SURVEYOR'S CERTIFICATE That I, René Silvas, do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments shown therein were properly placed under my supervision in accordance with the subdivision regulations of the Town of Trophy Club. Dated this the _____ Day of ___________________ , 2022. _______________________________________ René Silvas RPLS No. 5921 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appeared René Silvas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and considerations therein expressed and in the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ____ Day of ___________________ , 2022. ____________________________________________ Notary Public, The State of Texas My Commission Expires _____________________________ FINAL PLAT THE FALCON ESTATES AT TROPHY CLUB 9 TOTAL LOTS 8 RESIDENTIAL LOTS LOTS 1-8, BLOCK A 1 OPEN SPACE LOT LOT 9X, BLOCK A BEING 3.692 ACRES OUT OF THE RICHARD W. ALLEN SURVEY, ABSTRACT NUMBER 5 TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS NOVEMBER 2022 SHEET 2 OF 2 777 Main Street, Suite 1900, Fort Worth, TX 76102 BGE, Inc. TBPELS Registration No. 10194416 Tel: 817-887-6130 • www.bgeinc.com Copyright 2022 SURVEYOR Contact: René Silvas, R.P.L.S. Telephone: 817-752-4183 —Email: rsilvas@bgeinc.comCabinet_________, Page_______ Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document. OWNER C OIL INVESTMENTS, LTD. 13101 Preston Road, Suite 200 Dallas, TX 75240 83 GENERAL NOTESC-1.1 “” SHEET NO. 777 Main St., Suite 1900 BGE, Inc. Fort Worth, TX 76102 TBPE Registration No. F-1046 Tel: 972-887-6130 ●www.bgeinc.com Copyright 2021 Contact:Jaime Soria Jr. Tel: 817-872-6010 THE FALCON ESTATES ATTROPHY CLUB3.691 ACRESTOWN OF TROPHY CLUBDENTON COUNTY, TEXASBEING 3.692 ACRES OUT OF THE RICHARD W. ALLENSURVEY, ABSTRACT NO. 5 & THE JOHN R. MICHAELSURVEY, ABSTRACT NO. 820DEVELOPER R (@ least 48 hours prior to digging) Call before you dig. Know what's below.BGE, INC.13101 Preston Rd., Ste 510 BECK VENTURES Contact:Yochoua Arrouas Director of Operations & Development Tel: 214-556-4620 (Office) Tel: 979-574-5523 (Cell) Dallas, Texas 75240 BGE, Inc. F-1046 84 717031.54 SF522875.05 SF114766.13 SF418690.77 SF212484.09 SF312521.00 SF92598.84 SF816196.28 SF622131.14 SFR. AL L E N S U R V E Y , ABST R A C T N o . 5 J. R. M I C H A E L S U R V E Y , ABST R A C T N o . 8 2 0MONA VALE ROADKENT STREET TROPHY CLUB DRIVE3+460+001+002+003+00N: 7053609.247E: 2370898.03827'B-B 11.5'11.5'AS05°01'26"E346.06'"A" 3+01.67, 13.00' RTBEGIN CUL-DE-SAC"A" 3+01.67, -13.00' LTEND CUL-DE-SAC"A" 3+46.06CENTER OF CUL-DE-SACR20'R20'R40'R50'R20'R20'PROP BFRPROP BFRSAWCUT, REMOVE, &REPLACE EX. PVMT.REQUIRES FULL PANELREPLACEMENT PERCITY STANDARDS0+001+ 0 0 2+002+54FALCON DRIVE(50' ROW)A-CULDESAC-1PROPOSED STOP SIGNR1-1 (36" X 36")(TxMUTCD)FUTURE SW TO BECONSTRUCTED BYBUILDERPROPOSED STANDARD6" MONOLITHIC CURBEXISTING CAPPED GAS WELLHEADSWELL:701H API:12132456WELL:702H API:12132556WELL:703H API:12132578AFALCON DRIVE570575580585590570575580585590-1+000+001+002+003+004+005+00GRADE BREAKSTA. 0+13.15ELEV = 577.12GRADE BREAKSTA. 0+90.01ELEV = 578.66GRADE BREAKSTA. 2+82.10ELEV = 577.70 GRADE BREAK STA. 3+46.06 ELEV = 578.02 2.00%-0.50%0.50%-1+000+001+002+003+004+005+00PROPOSED GRADE@ CENTERLINEEXISTING GROUND@ CENTERLINEFILL TO BE COMPACTEDPER TOWN OF TROPHYCLUB STANDARDSPROFILE SCALE50' ROW27' B-B13.5'13.5'11.5'11.5'1'4'6.5'2% SLOPE6" CURBPROPOSED SIDEWALKLIMITS (SEE THIS SHEET)LOCAL STREETNOT TO SCALETO BE CURLEXED ANDSEEDED BY DEVELOPER6" LIME STABILIZEDSUBGRADE (7% MINIMUMBY DRY SOIL WEIGHT)#3 BARS ON 18"C/C BOTH WAYS6" - 4000 PSI PORTLANDCEMENT CONCRETEA-CULDESAC-1565570575580585565570575580585-1+000+001+002+003+004+00GRADE BREAK STA. 0+00.00 ELEV = 577.48 GRADE BREAK STA. 0+05.00 ELEV = 577.50 GRADE BREAK STA. 1+27.14 ELEV = 578.12 GRADE BREAK STA. 2+54.28 ELEV = 577.48 GRADE BREAK STA. 2+49.28 ELEV = 577.50 0.50%0.50%-0.50%-0.50%-1+000+001+002+003+004+00PROPOSED GRADEPROFILE SCALEFOR TC ADD 0.5'TO PROPOSEDGRADEFILL TO BE COMPACTEDPER TOWN OF TROPHYCLUB STANDARDSEXISTING GROUND100' ROW81' B-B40.5'40.5'9.5'9.5'1'4'4.5'2% SLOPE6" CURBPROPOSED SIDEWALKLIMITS (SEE THIS SHEET)CUL-DE-SACTO BE CURLEXED ANDSEEDED BY DEVELOPER6" LIME STABILIZEDSUBGRADE (7% MINIMUMBY DRY SOIL WEIGHT)#3 BARS ON 18"C/C BOTH WAYS6" - 4000 PSI PORTLANDCEMENT CONCRETEAT STA 3+46.06NOT TO SCALESHEET NO.777 Main St., Suite 1900BGE, Inc.Fort Worth, TX 76102TBPE Registration No. F-1046Tel: 972-887-6130●www.bgeinc.comCopyright 2021Contact:Jaime Soria Jr.Tel: 817-872-6010THE FALCON ESTATES AT TROPHY CLUB 3.691 ACRES TOWN OF TROPHY CLUB DENTON COUNTY, TEXAS BEING 3.692 ACRES OUT OF THE RICHARD W. ALLEN SURVEY, ABSTRACT NO. 5 & THE JOHN R. MICHAEL SURVEY, ABSTRACT NO. 820 DEVELOPERBGE, INC.13101 Preston Rd., Ste 510BECK VENTURESContact:Yochoua ArrouasDirector of Operations & DevelopmentTel: 214-556-4620 (Office)Tel: 979-574-5523 (Cell)Dallas, Texas 75240BGE, Inc.F-1046PAVING PLAN & PROFILE C-2.1040'80'20'SCALE: 1" = 40'NOTES1.ALL BARRIER FREE RAMPS TO BE CONSTRUCTED BYPAVING CONTRACTOR.2.CONTRACTOR TO VERIFY EXACT LOCATION OFUNDERGROUND GAS LINES BEFORE ANY CONSTRUCTIONBEGINS.85 J. R. MICHAEL SURVEY,MONA V A L E R O A DKENT STREETTROPHY CLUB D R I V E 7 17031.54 SF 5 22875.05 SF 1 14766.13 SF 4 18690.77 SF 2 12484.09 SF 3 12521.00 SF 9 2598.84 SF 8 16196.28 SF 6 22131.14 SF EX=578.0 EX=576.8 TC=577.8 TC=577.8 TC=578.1 TC=578.6 TC=578.1 TC=578.0 TC=578.0 >>>>>>> >>>>>>EX=579.8 EX=581.0 EX=581.0 EX=580.4 EX=576.2 EX=573.4 EX=574.6 EX=577.4 EX=577.0 578.1 578.9 579.2 580.0 580.4 580.3 578.7 579.5 579.8 578.4 578.3 578.4 578.5 578.7 579.3 578.7 578.9 577.9 577.6 578.6 578.9 578.3 578.2 578.5 577.1 578.8 579.0 FP=580.9 FP=580.8 FP=580.3 FP=579.9 FP=579.4 FP=579.4 FP=579.5 FP=579.5 577.5 577.6 578 575 574 577 576 575 579579 575 10' PIPELINE EASEMENT LOCATION OF POSITIVE OVERFLOW 578.0 FALCON DRIVE (50' ROW) 576.9 579.4 EX=574.3 TC=578.0 EX=574.3 EX=572.4 EX=572.4 EX=573.1 EX=575.5 EX=576.9 EX=579.0 TC=578.0 EXISTING CAPPED GAS WELLHEADS WELL:701H API:12132456 WELL:702H API:12132556 WELL:703H API:12132578 GRADING PLANC-3.1 0 40'80'20' SCALE: 1" = 40' SHEET NO. 777 Main St., Suite 1900 BGE, Inc. Fort Worth, TX 76102 TBPE Registration No. F-1046 Tel: 972-887-6130 ●www.bgeinc.com Copyright 2021 Contact:Jaime Soria Jr. Tel: 817-872-6010 THE FALCON ESTATES ATTROPHY CLUB3.691 ACRESTOWN OF TROPHY CLUBDENTON COUNTY, TEXASBEING 3.692 ACRES OUT OF THE RICHARD W. ALLENSURVEY, ABSTRACT NO. 5 & THE JOHN R. MICHAELSURVEY, ABSTRACT NO. 820DEVELOPER R (@ least 48 hours prior to digging) Call before you dig. Know what's below.BGE, INC.13101 Preston Rd., Ste 510 BECK VENTURES Contact:Yochoua Arrouas Director of Operations & Development Tel: 214-556-4620 (Office) Tel: 979-574-5523 (Cell) Dallas, Texas 75240 BGE, Inc. F-1046 GRADING, LOT AND PAD GUIDELINES 1.FRONT PROPERTY LINE SLOPE TO BE 2% MAX. 2.FINISHED FLOOR TO BE 1.1' ABOVE FINISHED PAD. 3.DRIVEWAY SLOPES SHALL NOT EXCEED 10% OTHERWISE APPROVED. MAXIMUM DRIVEWAY SLOPE SHALL BE 12%. 4.ALL DRAINAGE, INCLUDING SWALES, SHALL MAINTAIN A MINIMUM 1% SLOPE. SIDE YARD SWALES ADJACENT TO PADS SHALL HAVE A MINIMUM 1.25% SLOPE. 5.SLOPES IN FRONT YARDS SHALL BE A MAXIMUM 25%, SIDE YARDS MAXIMUM 33% AND REAR YARDS MAXIMUM 12%. 6.ALL TREES THAT ARE LOCATED WITHIN 15' OF A BUILDING PAD, ROAD OR ALLEY SHALL BE PROPERLY REMOVED AND DISPOSED OF SUBJECT TO LOCAL TREE ORDINANCE . TREES THAT HAVE A GRADE ELEVATION THAT DIFFERS FROM PROPOSED GRADE BY MORE THAN 1' SHALL BE REMOVED. 7.REAR YARD OR FRONT YARD SWALE (TYPE A OR C DRAINAGE) TO BE MINIMUM OF 10' AWAY FROM PAD AND 0.5' LOWER THAN PAD AT THE HIGHEST POINT. 8.ALL FILL TO BE PLACED AS SPECIFIED PER TOWN OF TROPHY CLUB STANDARDS. 9.DIRT CONTRACTOR TO BUILD ALL PADS 2' BEYOND DESIGN PAD PERIMETER AND CUT SWALES 0.5' BELOW DESIGNED GRADE. NOTES 1.WALL INFORMATION SHOWN ON PLANS IS TO BE USED FOR HEIGHT AND LOCATION PURPOSES ONLY. ACTUAL RETAINING WALL AND SLOPES STABILITY DESIGN BY OTHERS. ALL CONSTRUCTION ON SLOPES EXCEEDING 4:1 SHALL REQUIRE GEOTECHNICAL DESIGN FOR SLOPE AND SOIL STABILITY. 2.SIDEWALK AND HANDICAP RAMPS AS SHOWN ARE TO BE CONSTRUCTED WITH THIS CONTRACT BY THE PAVING CONTRACTOR. 3.RETAINING WALLS MUST BE PERMITTED BY THE TOWN PRIOR TO CONSTRUCTION. SEE TOWN STANDARDS FOR PERMITTING PROCESS FOR WALL HEIGHTS AND MATERIAL TYPES. 4.CONTRACTOR TO BUILD PAD 2' BEYOND DESIGN PAD. 5.CONTRACTOR TO CUT SWALES 0.5' BEYOND DESIGN PAD. 6.CONTRACTOR TO "DAYLIGHT" OVER CUT SWALES TO PROPOSED TOP OF CURB. LEGEND PROPOSED FLOW DIRECTION EXISTING CONTOUR PROPOSED CONTOUR PROPOSED SWALE FINISH PAD ELEVATION FP EXISTING EX TOP OF WALL TW BOTTOM OF WALL BW 647 647 2' 2'2' 2' DESIGN PAD FINISHED PAD FINISHED PADSIDE ⅊2' 0.5'EXCAVATION LIMIT FINAL SWALE AS SHOWN ON PLANS EXCAVATION LIMIT > 86 R. ALLEN SURVEY ,ABSTRACT N o . 5 J . R . M ICHAEL SURVEY ,ABSTRACT N o . 8 2 0 MONA VALE ROADKENT STREETTROPHY CLUB DRIVE18.473.222.490.4340.220.038OFF-SITEDRAINAGEAREA. BYPELOTONEXISTING CAPPED GAS WELLHEADSWELL:701H API:12132456WELL:702H API:12132556WELL:703H API:12132578EXISTING DRAINAGE AREA MAP C-4.1040'80'20'SCALE: 1" = 40'LEGENDDRAINAGE AREADRAINAGE FLOW DIRECTIONDRAINAGE DESIGN POINTSRUNOFF IN C.F.S.DRAINAGE AREA NUMBERQ = CaCIAQ - FLOW IN CUBIC FEET PER SECOND = CFSC - RUNOFF COEFFICIENTI - INTENSITY WITH TIME OF CONCENTRATION OF 15.0 MINUTES = 4.85 IN/HR (5 YR) \ 6.41 IN/HR (25 YR.) \ 7.91 IN/HR (100 YR.)A - DRAINAGE AREA = AREA IN ACRESDRAINAGE DESIGN CRITERIARATIONAL METHOD100 YEAR DESIGNXX.XXX.XXDRAINAGE AREA IN ACRESXXSHEET NO.777 Main St., Suite 1900BGE, Inc.Fort Worth, TX 76102TBPE Registration No. F-1046Tel: 972-887-6130●www.bgeinc.comCopyright 2021Contact:Jaime Soria Jr.Tel: 817-872-6010THE FALCON ESTATES AT TROPHY CLUB 3.691 ACRES TOWN OF TROPHY CLUB DENTON COUNTY, TEXAS BEING 3.692 ACRES OUT OF THE RICHARD W. ALLEN SURVEY, ABSTRACT NO. 5 & THE JOHN R. MICHAEL SURVEY, ABSTRACT NO. 820 DEVELOPERR(@ least 48 hours prior to digging)Call before you dig. Know what's below.BGE, INC.13101 Preston Rd., Ste 510BECK VENTURESContact:Yochoua ArrouasDirector of Operations & DevelopmentTel: 214-556-4620 (Office)Tel: 979-574-5523 (Cell)Dallas, Texas 75240BGE, Inc.F-104687 R. ALLEN SURVEY ,ABSTRACT N o . 5 J . R . M ICHAEL SURVEY ,ABSTRACT N o . 8 2 0 MONA VALE ROADKENT STREETTROPHY CLUB DRIVE2.560.4465.660.98757 8 576 5775765775785795804.780.834OFF-SITEDRAINAGEAREA. BYPELOTONFALCON DRIVE2.410.4215.731.000EXISTING CAPPED GAS WELLHEADSWELL:701H API:12132456WELL:702H API:12132556WELL:703H API:12132578PROPOSED DRAINAGE AREA MAP C-4.2SHEET NO.777 Main St., Suite 1900BGE, Inc.Fort Worth, TX 76102TBPE Registration No. F-1046Tel: 972-887-6130●www.bgeinc.comCopyright 2021Contact:Jaime Soria Jr.Tel: 817-872-6010THE FALCON ESTATES AT TROPHY CLUB 3.691 ACRES TOWN OF TROPHY CLUB DENTON COUNTY, TEXAS BEING 3.692 ACRES OUT OF THE RICHARD W. ALLEN SURVEY, ABSTRACT NO. 5 & THE JOHN R. MICHAEL SURVEY, ABSTRACT NO. 820 DEVELOPERR(@ least 48 hours prior to digging)Call before you dig. Know what's below.BGE, INC.13101 Preston Rd., Ste 510BECK VENTURESContact:Yochoua ArrouasDirector of Operations & DevelopmentTel: 214-556-4620 (Office)Tel: 979-574-5523 (Cell)Dallas, Texas 75240BGE, Inc.F-1046040'80'20'SCALE: 1" = 40'LEGENDDRAINAGE AREADRAINAGE FLOW DIRECTIONDRAINAGE DESIGN POINTSRUNOFF IN C.F.S.DRAINAGE AREA NUMBERQ = CaCIAQ - FLOW IN CUBIC FEET PER SECOND = CFSC - RUNOFF COEFFICIENTI - INTENSITY WITH TIME OF CONCENTRATION OF 15.0 MINUTES = 4.85 IN/HR (5 YR) \ 6.41 IN/HR (25 YR.) \ 7.91 IN/HR (100 YR.)A - DRAINAGE AREA = AREA IN ACRESDRAINAGE DESIGN CRITERIARATIONAL METHOD100 YEAR DESIGNXX.XXX.XXDRAINAGE AREA IN ACRESXX88 R. ALLEN SURVEY ,ABSTRACT N o . 5 J . R . M ICHAEL SURVEY ,ABSTRACT N o . 8 2 0 MONA VALE ROADKENT STREETTROPHY CLUB DRIVE0+001+001+81 24" RCP CL III SD LINE A15'10'PROPOSED 20'DRAINAGE EASEMENTLOCATION OFPOSITIVE OVERFLOWREFER TOSHEET 7.2 FORRIP-RAP DETAIL.FALCON DRIVE(50' ROW)STA 1+80.76 SD LINE AINSTALL:1 - 10' CURB INLETSTA 1+50.76 SD LINE AINSTALL:1 - 10' CURB INLET 24" RCP CL III SD LINE ASTA 0+00.00 SD LINE AINSTALL:1 - 24" HDWLEXISTING CAPPED GAS WELLHEADSWELL:701H API:12132456WELL:702H API:12132556WELL:703H API:12132578SD LINE A560565570575580585590560565570575580585590-1+000+001+002+003+00-1+000+001+002+003+00PROPOSED GRADE@ CENTERLINEEXISTING GROUND@ CENTERLINE150.76 LF OF 24" RCPCL III @ 0.56%PROPOSED FILL PERTOWN OF TROPHYCLUB STANDARDS100 YEAR-HGLPROFILE SCALEROCK RIP-RAP(SEE SHEET 7.2 FOR DETAIL)PROPERTYLINE30.00 LF OF 24" RCPCL III @ 1.33%STA. 1+50.76 END SD LINE A INSTALL: 1 - 10' CURB INLET TC = 577.97 FL (24") = 573.47 FL (24") = 573.57 STA. 1+80.76 END SD LINE A INSTALL: 1 - 10' CURB INLET TC = 577.97 FL (24") = 573.97 STA. 0+00.00 SD LINE A INSTALL: 1 - 24" HDWL FL (24") = 572.62 STA. 1+45.76 PROP. 8" WWL FL = 568.39 STORM DRAIN PLAN C-4.3040'80'20'SCALE: 1" = 40'1.THE CONTRACTOR SHALL FIELD VERIFY THE HORIZONTAL AND VERTICALLOCATION OF EXISTING STORM DRIAN LINES WHERE PROPOSED LINES AREBEING CONNECTED, PRIOR TO START OF CONSTRUCTION. THE CONTRACTORSHALL NOTIFY THE ENGINEER IMMEDIATELY IF A CONFLICT IS DISCOVERED.2.FACTORY FABRICATED 45 DEGREE OR 60 DEGREE WYES SHALL BE INSTALLEDAT ALL PROPOSED PIPE TO PROPOSED PIPE CONNECTIONS.3.ALL CONNECTIONS TO EXISTING CONCRETE PIPE SHALL BE MADE WITHCONCRETE PIPE.4.CONCRETE COLLARS SHALL BE CONSTRUCTED AT ALL PROPOSED PIPE TOEXISTING CONCRETE PIPE CONNECTIONS, AT ALL CONCRETE PIPE SIZECHANGES, AT ALL CONCRETE PIPE PVI'S AND AT ALL CONCRETE PIPE JOINTSWITH MORE THAN HALF PIPE TONGUE EXPOSURE.5.UNLESS NOTED, STORM DRAIN LINES MAY BE OF THE FOLLOWING MATERIALS.A. RCP C-76, CLASS III (PUBLIC & PRIVATE)AND INSTALLED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS.LEGENDPROPOSED DRAINAGEEXISTING DRAINAGEROOF DRAINRDEXISTING CONTOURPROPOSED CONTOUR647647NOTESSHEET NO.777 Main St., Suite 1900BGE, Inc.Fort Worth, TX 76102TBPE Registration No. F-1046Tel: 972-887-6130●www.bgeinc.comCopyright 2021Contact:Jaime Soria Jr.Tel: 817-872-6010THE FALCON ESTATES AT TROPHY CLUB 3.691 ACRES TOWN OF TROPHY CLUB DENTON COUNTY, TEXAS BEING 3.692 ACRES OUT OF THE RICHARD W. ALLEN SURVEY, ABSTRACT NO. 5 & THE JOHN R. MICHAEL SURVEY, ABSTRACT NO. 820 DEVELOPERBGE, INC.13101 Preston Rd., Ste 510BECK VENTURESContact:Yochoua ArrouasDirector of Operations & DevelopmentTel: 214-556-4620 (Office)Tel: 979-574-5523 (Cell)Dallas, Texas 75240BGE, Inc.F-104689 7 17031.54 SF 5 22875.05 SF 1 14766.13 SF 4 18690.77 SF 2 12484.09 SF 3 12521.00 SF 9 2598.84 SF 8 16196.28 SF 6 22131.14 SF MONA V A L E R O A DKENT STREETTROPHY CLUB D R I V E INSTALL: 2- 8" 22.5° BENDS INSTALL: 1- 8" 45° BENDS INSTALL: 1 - 8"x6" TEE 1 - 6" VALVE 1 - STD. FIRE HYDRANT 7 L.F. 6" WATER LINE 1 - 8" PLUG CONNECT TO EX. 12" WATER LINE 8" SS LINE 'A' 8" WATER LINE INSTALL: 2- 8" 22.5° BENDS 0+00 1+00 2+00 3+004+004+72 STA 4+71.74 SS - LINE 'A' INSTALL: 1 - 4' DIA SSMH RIM: 579.03 FL: 572.23 (OUT) (S) STA 0+00.00 SS - LINE 'A' INSTALL: 1 - 4' DIA SSMH CONNECT TO EXISTING SS MAIN FIELD VERIFY EXISTING FL RIM: 575.95 FL: 562.70 (IN) (NW) 5' 7' SAWCUT, REMOVE, & REPLACE EX. PVMT. WILL REQUIRE FULL PANEL REPLACEMENT PER CITY STANDARDS INSTALL: 1 - 8"x6" TEE 1 - 6" VALVE 1 - STD. FIRE HYDRANT 14 L.F. 6" WATER LINE 1 - 8" PLUG FALCON DRIVE (50' ROW) 8" SS LI N E ' A' STA 2+11.16 SS - LINE 'A' INSTALL: 1 - 4' DIA SSMH RIM: 577.93 FL: 567.02 (IN) (N) FL: 566.92 (OUT) (SE) EXISTING CAPPED GAS WELLHEADS WELL:701H API:12132456 WELL:702H API:12132556 WELL:703H API:12132578 SS - LINE 'A' 550 555 560 565 570 575 580 585 550 555 560 565 570 575 580 585 -0+50 0+00 1+00 2+00 3+00 4+00 5+00 5+50-0+50 0+00 1+00 2+00 3+00 4+00 5+00 5+50STA 0+00.00 SS - LINE 'A'INSTALL:1 - 4' DIA SSMHCONNECT TO EXISTING SS MAINFIELD VERIFY EXISTING FLRIM = 575.95FL IN (8") = 562.70211.16 LF O F 8 " P V C @ 2.00%STA 2+11.16 SS - LINE 'A'INSTALL:1 - 4' DIA SSMHRIM = 577.93FL IN (8") = 567.02FL OUT (8") = 566.92260.58 LF O F 8 " P V C @ 2.00%STA 4+71.74 END SS - LINE 'A'INSTALL:1 - 4' DIA SSMHRIM = 579.03FL OUT (8") = 572.23PROP. GRADE @ CL PROFILE SCALE VERT. = 1" = 4' HORIZ. = 1" = 40' FILL TO BE COMPACTED PER TOWN OF TROPHY CLUB STANDARDSFILL TO BE COMPACTED PER TOWN OF TROPHY CLUB STANDARDS STA. 2+79.74PROP. 24" STORMFL = 573.44EXIST. GRADE @ CL SEWER STORM WATER 1" SINGLE WATER SERVICE 1" SINGLE WATER SERVICE ROW CL ROW ROW WATER MAIN SS MAIN RIGHT OF WAY PAVEMENT B-B 7'PVMT 4' SANITARY SEWER SERVICE TO BE LOCATED 10' DOWNSTREAM FROM THE CENTER OF LOT UNLESS OTHERWISE NOTED WATER SERVICE TO BE LOCATED 1' FROM LOT LINE WATER SERVICE TAPS SHALL BE 1" FOR SINGLE SERVICE ALL METERS SHALL BE 1" AND ARE TO BE LOCATED ONE (1) FOOT BEHIND CURB ℄ 5' 4" SS SERVICE 10' 1' TYP 5' 8'CLLOTTYPICAL UTILITY LOCATION DETAIL SCALE: NTS TYPICAL WATER & SS SERVICE LOCATION DETAIL SCALE: NTS WATER & WASTEWATER PLANC-5.1 0 40'80'20' SCALE: 1" = 40' LEGEND EXISTING WATER LINE PROPOSED WATER MAIN PROPOSED SANITARY SEWER EXISTING GAS PROPOSED FIRE HYDRANT Ex.8"WL Ex.GAS NOTES 1. CONTRACTOR TO COORDINATE ELECTRIC SERVICE WITH UTILITY COMPANY. 2.EXISTING SANITARY SEWER ELEVATIONS AND LOCATIONS ARE APPROXIMATE AND ARE BASED OFF OF SURVEY AND RECORD DRAWING INFORMATION OBTAINED FROM THE CITY. 3.THE CONTRACTOR SHALL FIELD VERIFY THE HORIZONTAL AND VERTICAL LOCATION OF ALL EXISTING UTILITIES WHERE PROPOSED UTILITIES ARE BEING CONNECTED, PRIOR TO START OF CONSTRUCTION. THE CONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY IF A CONFLICT IS DISCOVERED. 4.CONTRACTOR SHALL REFERENCE GENERAL NOTES SHEET FOR ADDITIONAL INFORMATION. INFORMATION ON THE GENERAL NOTES SHEET IS PART OF A UNIFIED DESIGN AND IS PERTINENT TO THIS PLAN SHEET. 5.CONTRACTOR SHALL CALL MUD 1 AT (682) 831-4600 FOR UTILITY LOCATIONS PRIOR TO ANY WORK IN THE CITY EASEMENTS OR STREET RIGHT OF WAY. 6.SAWCUT, REMOVAL, AND REPLACEMENT OF EXISTING CONCRETE SHALL BE PER CITY SPECIFICATIONS. CITY INSPECTOR TO DETERMINE EXACT LIMITS OF PAVEMENT REPLACEMENT. 7.ALL UTILITY CROSSINGS SHALL COMPLY WITH TCEQ STANDARDS CH. 217. SHEET NO. 777 Main St., Suite 1900 BGE, Inc. Fort Worth, TX 76102 TBPE Registration No. F-1046 Tel: 972-887-6130 ●www.bgeinc.com Copyright 2021 Contact:Jaime Soria Jr. Tel: 817-872-6010 THE FALCON ESTATES ATTROPHY CLUB3.691 ACRESTOWN OF TROPHY CLUBDENTON COUNTY, TEXASBEING 3.692 ACRES OUT OF THE RICHARD W. ALLENSURVEY, ABSTRACT NO. 5 & THE JOHN R. MICHAELSURVEY, ABSTRACT NO. 820DEVELOPER R (@ least 48 hours prior to digging) Call before you dig. Know what's below.BGE, INC.13101 Preston Rd., Ste 510 BECK VENTURES Contact:Yochoua Arrouas Director of Operations & Development Tel: 214-556-4620 (Office) Tel: 979-574-5523 (Cell) Dallas, Texas 75240 BGE, Inc. F-1046 90 7 17031.54 SF 5 22875.05 SF 1 14766.13 SF 4 18690.77 SF 2 12484.09 SF 3 12521.00 SF 9 2598.84 SF 8 16196.28 SF 6 22131.14 SF R. ALLEN SURVEY,ABSTRACT No.5J. R. MICHAEL SURVEY,ABSTRACT No.820MONA V A L E R O A DKENT STREETTROPHY CLUB D R I V E 52'XXXXIP CE SF FT SF SF SF XXXXXXXXXXXXXXXXXXXXXXXXXXX575 576 577 578 579 580 578 578 579 579580 579 579575 574 576 577 578 579579 577 57 8 579 579 576 577 578 579 XXXXXRD FALCON DRIVE (50' ROW) IP EXISTING CAPPED GAS WELLHEADS WELL:701H API:12132456 WELL:702H API:12132556 WELL:703H API:12132578 EROSION CONTROL PLANC-6.1 0 40'80'20' SCALE: 1" = 40' TOTAL DISTURBED AREA = 3.691 ACRES SHEET NO. 777 Main St., Suite 1900 BGE, Inc. Fort Worth, TX 76102 TBPE Registration No. F-1046 Tel: 972-887-6130 ●www.bgeinc.com Copyright 2021 Contact:Jaime Soria Jr. Tel: 817-872-6010 THE FALCON ESTATES ATTROPHY CLUB3.691 ACRESTOWN OF TROPHY CLUBDENTON COUNTY, TEXASBEING 3.692 ACRES OUT OF THE RICHARD W. ALLENSURVEY, ABSTRACT NO. 5 & THE JOHN R. MICHAELSURVEY, ABSTRACT NO. 820DEVELOPER R (@ least 48 hours prior to digging) Call before you dig. Know what's below.BGE, INC.13101 Preston Rd., Ste 510 BECK VENTURES Contact:Yochoua Arrouas Director of Operations & Development Tel: 214-556-4620 (Office) Tel: 979-574-5523 (Cell) Dallas, Texas 75240 BGE, Inc. F-1046 SF CE LEGEND DIRECTION OF FLOW SILT FENCE CONSTRUCTION ENTRANCE CONCRETE WASHOUT PIT INLET PROTECTION FILTER TUBE ROCK CHECK-DAM X WP IP FT RD EROSION CONTROL NOTE 1.EROSION CONTROL DEVICES AS SHOWN ON THE EROSION CONTROL PLAN FOR THE PROJECT SHALL BE INSTALLED PRIOR TO THE START OF LAND DISTRUBING ACTIVITIES ON THE PROJECT. 2.ALL EROSION CONTROL DEVICES ARE TO BE INSTALLED IN ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS FOR THE PROJECT. CHANGES ARE TO BE APPROVED BEFORE CONSTRUCTION BY THE DESIGN ENGINEER AND THE CITY OF PLANO ENGINEERING DIVISION. 3.IF THE EROSION CONTROL PLAN AS APPROVED CANNOT CONTROL EROSION AND OFF-SITE SEDIMENTATION FROM THE PROJECT THE EROSION CONTROL PLAN WILL BE REQUIRED TO BE REVISED AND/OR ADDITIONAL EROSION CONTROL DEVISES WILL BE REQUIRED ON SITE. 4.IF OFF-SITE SOIL BORROW OR SPOIL SITES ARE USED IN CONJUNCTION WITH THIS PROJECT, THIS INFORMATION SHALL BE DISCLOSED AND SHOWN ON THE EROSION CONTROL PLAN. OFF-SITE BORROW AND SPOIL AREAS ARE CONSIDERED A PART OF THE PROJECT SITE AND THEREFORE SHALL COMPLY WITH THE CITY OF PLANO EROSION CONTROL REQUIREMENTS. THESE AREAS SHALL BE STABILIZED WITH PERMANENT GROUND COVER PRIOR TO FINAL APPROVAL OF THE PROJECT. 5.IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO USE WHATEVER MEANS ARE NECESSARY TO CONTROL AND LIMIT SILT AND SEDIMENT LEAVING THE SITE. SPECIFICALLY, THE CONTRACTOR SHALL PROTECT ALL PUBLIC STREETS, ALLEYS, STREAMS, STORM DRAIN SYSTEMS AND INLETS FROM EROSION DEPOSITS. THE CONTRACTOR IS RESPONSIBLE FOR MAINTAINING EROSION CONTROL AND SHALL PROVIDE STREET CLEANING ON PUBLIC STREETS IF ANY EARTH MATERIAL IS TRANSPORTED FROM THE CONSTRUCTION SITE AT THE END OF EACH DAY. EARTH MATERIAL SHALL NOT BE ALLOWED TO ACCUMULATE ON CITY ROADS. 91 EROSION CONTROL DETAILSC-6.2 SHEET NO. 777 Main St., Suite 1900 BGE, Inc. Fort Worth, TX 76102 TBPE Registration No. F-1046 Tel: 972-887-6130 ●www.bgeinc.com Copyright 2021 Contact:Jaime Soria Jr. Tel: 817-872-6010 THE FALCON ESTATES ATTROPHY CLUB3.691 ACRESTOWN OF TROPHY CLUBDENTON COUNTY, TEXASBEING 3.692 ACRES OUT OF THE RICHARD W. ALLENSURVEY, ABSTRACT NO. 5 & THE JOHN R. MICHAELSURVEY, ABSTRACT NO. 820DEVELOPER BGE, INC.13101 Preston Rd., Ste 510 BECK VENTURES Contact:Yochoua Arrouas Director of Operations & Development Tel: 214-556-4620 (Office) Tel: 979-574-5523 (Cell) Dallas, Texas 75240 BGE, Inc. F-1046 VARIES INLET 18'' CUT AWAY OF FILTER FABRIC EXTEND 2'-0'' MINIMUM BEYOND INLET OPENING AT EACH END.3'' OVERLAP AT FABRIC SPLICES. MINIMUM 4'' HIGH CLEAR OPENING 1. A SECTION OF FILTER FABRIC SHALL BE REMOVED AS SHOWN ON THIS DETAIL TO PROVIDE A 4" MINIMUM CLEAR OPENING. FABRIC MUST BE SECURED TO WIRE BACKING WITH CLIPS OR HOG RINGS AT THIS LOCATION. 20 LB. SANDBAGS @3' O.C. (SEE NOTE 1) 2''X4''-W1.4XW1.4 WIRE FABRIC STRUCTURE. 2. INSPECTION SHALL BE MADE BY THE CONTRACTOR AND SILT ACCUMULATION MUST BE REMOVED WHEN DEPTH REACHES 2". 4. INLET PROTECTIONS SHALL BE REMOVED AS SOON AS THE SOURCE OF SEDIMENT IS STABILIZED. 20 LB. SANDBAGS @3' O.C. 3. CONTRACTOR SHALL MONITOR THE PERFORMANCE OF INLET PROTECTION DURING EACH RAINFALL EVENT AND IMMEDIATELY REMOVE THE INLET PROTECTIONS IF THE STORM-WATER BEGINS TO OVERTOP THE CURB. FLOW FLOW NOTES: 18" MIN. OVERLAP 18" 18" 12" MIN. SAND BAGS SHALL BE EVENLY SPACED ALONG TOP AND ALONG THE FRONT OF INLET. N.T.S. INLET OPENING OF SAND BAGS TOP FRONT 5' 10' 15' 20' MINIMUM NUMBER 2 3 3 4 3 3 4 4 12" 18" FILTER FABRIC BARRIER AS REQUIRED. TO CHANNELIZE RUNOFF TO SEDIMENT USE SANDBAGS, DIVERSIONS OR OTHER APPROVED METHODS NOTE: (20' RESIDENTIAL LOTS) N.T.S. DIVERSION RIDGE5' R (MIN)50' MIN. AGGREGATE MIN. 6" THICK 3"-5" COURSE SEDIMENT BARRIER WHEELS IF NECESSARY. SUPPLY WATER TO WASH (SILT FENCE TYPE SHOWN) ROADWAY EXISTING PAVED SPILLWAY DIVERSION RIDGE REQUIRED WHERE GRADE EXCEEDS 2% 15' MIN. ROADWAY EXISTING PAVED 4:1 COLD OR HOT MIX TRANSITION WHEN SEDIMENT HAS SUBSTANTIALLY CLOGGED THE VOID AREA BETWEEN THE ROCKS, THE AGGREGATE MAT MUST BE WASHED DOWN OR REPLACED. PERIODIC RE-GRADING AND TOP DRESSING WITH ADDITIONAL STONE MUST BE DONE TO KEEP THE EFFICIENCY OF THE ENTRANCE FROM DIMINISHING. FLOW TRENCH SILT FENCE (MIN. HEIGHT 24" ABOVE EXIST. GROUND) COMPACTED EARTH OR ROCK BACKFILL FABRIC TOE-IN 6" MIN. STEEL FENCE POST MAX. 6' SPACING, MIN. BACKING SUPPORT 4x4-W1.4xW1.4 MINIMUM EMBEDMENT = 1' ALLOWABLE, TYP. CHAIN LINK FENCE FABRIC IS ACCEPTABLE WIRE MESH 6" MIN. 12" H 1/2 H 8' MAX. 6" MIN. EACH SIDE SILT FENCE 1 1/2" FILTER STONE 6" MIN. TOP OF STONE, EACH SIDE OF SILT FENCE N.T.S.N.T.S. FLOW 4" OPENING 12" 18" 18" 18" 12" 18" WIRE MESH FILTER FABRIC N.T.S. OPENING 3" FROM THE TOP 92 CITY DETAILS C-7.1Grout Invert*EXISTING GROUND.TOP OF BOX TO BE AT SHALL BE USED.1" CURB STOPOR SLIGHTLY ABOVE (1" MAX.) WHERE TAPPING EXISTING MAINS OR PVC WATER MAINS, DOUBLE STRAPPED BRONZE OR STAINLESS STEEL SADDLES (AS SPECIFIED)8" - 10"1" TYPE "K"2 - 1" METER COUPLINGS WITH 1/8" POLYETHYLENE GASKETS (THREADED BOTH ENDS)COPPER1 - 10-3/4" x 1-1/4" O.D. GALV. PIPE SPACER1 - GALV. OR PLASTIC THREAD PROTECTOR CAPGROUND LINE3'-0"36" MIN.CURBSTOP1" CORPORATIONWATER MAIN1" QUARTER BEND COUPLING(COPPER TO MALE I.P. THREAD)NOTE: FINAL INSTALLATION IS SHOWN. AFTER THE SERVICES HAVE BEEN INSTALLED BUT PRIOR TO PLACEMENT OF METER BOXES, THE END OF EACH SERVICE SHALL BE MARKED WITH POLYETHYLENE FILM AND A 2" x 4" x 2'-6" LONG STAKE PAINTED GREEN AND WHITE. AFTER STREET CONSTRUCTION IS COMPLETED AND THE PARKWAY GRADED, THE WATER AND SEWER CONTRACTOR SHALL INSTALL A METER BOX OVER THE END OF EACH SERVICE. WATER METER BOXES WILL BE FURNISHED BY THE TOWN OF TROPHY CLUBFINISHED GRADEMIN.6"CLASS 150P.V.C. PIPE C-900BACKFILL 6" LIFTS SELECT MIN. BACKFILL COMPACTED 12" MIN.NOTES2.1.3.NO A.C. PIPE ALLOWED.CLASS 150 (DR-18) PVC.6" CUSHION SAND SIZELINE4'-0" MIN.WATER LINE SIZES 6" (INCHES) AND LESS SHALL BE C-900 CLASS 200. WATER LINE SIZES GREATER THAN 6" SHALL BE C-900ALL FLUSHING VALVES AND GATE VALVES TO BE A.W.W.A. STANDARDTRENCH WIDTH5.6.4.IN DIAMETER.RIGHT-OF-WAY AND 90% IN OTHER AREAS.CUSHION SAND MUST PASS NO. 8 SIEVE.COUNTERCLOCKWISE OPENING.COMPACT BACKFILL IN 6" LIFTS TO 95% PROCTOR DENSITY WITHINSELECT BACKFILL IS NATIVE TRENCH MATERIAL WITH NO ROCKS OVER 3"6" WATERLINEN.T.S.AND DETAILWATERLINE DEPTH11.5'5.0'4.0'PLUGS36"29"21"14"20"16"12"14"12"10"8"8"BAB54"48"30"20"27"18"41"24"16"6" MIN.22 1/2° BEND13"10"12"6"16"13"10"7"10"8"6"6"17"13"10"7"ABBASIZE90° BEND17"13"10"14"12"9"7"6"2 1/2"6"8"10"16"12"26"22"BAA45° BENDMIN. 5SK, 3000 P.S.I.6" MIN.AA18" MIN.UNDISTURBEDNATURAL GROUND45°AAB 24"20"24"22"12"27"24"12"27"21"24"19"16"14"38"35"B 24" MIN.-12" & LARGER PIPEUNDISTURBED NATURAL GROUND18" MIN.-10" & SMALLER PIPE11"16"21"16"21"12"C (SQ) D (SQ)29"18"TEESNOTE: THRUST BLOCKS AT TRENCH FACEMUST HAVE A MINIMUM BEARING SURFACEOF 10 SQ. FEET AND THE LEAST DIMEN-SION SHALL BE NO SMALLER THAN 1.5TIMES PIPE DIAMETER, BUT NOT LESSTHAN 10 FT. ALL CONCRETE SHALL BEMEGALUG REQUIRED ON ALL BENDS.PAVEMENT/FINISHED GRADEAMIN6"A12" MIN.6" MIN.PIPE O .D .12" MAX.NOTE:SHALL BE THE PIPE O.D. PLUS 24 INCHES.BA GRANULAR EMBEDMENT MATERIAL, COMPACTED TO 98% STANDARD PROCTORB NATIVE BACKFILL MATERIAL FROM TRENCH EXCAVATION, COMPACTED TO 98%ON BOTH SIDE OF THE PIPE. THE MAXIMUM TRENCH WIDTHALL EMBEDMENT MATERIAL SHALL BE THOROUGHLY COMPACTED STD. PROCTOR.SHEET NO.777 Main St., Suite 1900BGE, Inc.Fort Worth, TX 76102TBPE Registration No. F-1046Tel: 972-887-6130●www.bgeinc.comCopyright 2021Contact:Jaime Soria Jr.Tel: 817-872-6010THE FALCON ESTATES AT TROPHY CLUB 3.691 ACRES TOWN OF TROPHY CLUB DENTON COUNTY, TEXAS BEING 3.692 ACRES OUT OF THE RICHARD W. ALLEN SURVEY, ABSTRACT NO. 5 & THE JOHN R. MICHAEL SURVEY, ABSTRACT NO. 820 DEVELOPERBGE, INC.13101 Preston Rd., Ste 510BECK VENTURESContact:Yochoua ArrouasDirector of Operations & DevelopmentTel: 214-556-4620 (Office)Tel: 979-574-5523 (Cell)Dallas, Texas 75240BGE, Inc.F-104693 CITY DETAILS C-7.2 @ 10' ON CENTER BOTH WAYS4"x4"x3/8"x10' ANGLE IRON DRIVEN IN GROUND 1'10'15'6" ROCK10' x15' wide, 6" rock fill 1' thick totally enclosed with #9 twisted wire ties@ 18" centers (tie top wire to bottom wire)ALIGN 24" C.I. RING &COVER OVER PIPEOUTLET(SEE BELOW)// 3/8 " o REINF. BARS 3/8 " o REINF. BARS12" c-c (REAR FACE REAR WALL)18" c-c (FRONT FACE REAR WALL)8"C.I. COVER18" c-c (FRONT FACE FRONT WALL)6"/16'-0"NATURAL GUTTER GRADE1- 3/8 " o BAR x 15'-9" 3/8 " o REINF. BARS/24"2"8"C.I. COVER12"8"CONNECT24" CHAIN,NO SWIVELCOVERS SHALLHAVE 1/2" TO5/8" PICK BARS,NO HOLESALLOWED./-/- 5 ' - 1 1 / 2 " + R . VAR I ES 7" VAR. 2'-0" + 6"TO INLETFROM COVERA/6"END OF INLET THAT IS TO BE NEAR CORNERUSE 5'-5" BARS WHEN CONNECTING TO PAVEMENTUSE 3'-2" BARS WHEN NOT CONNECTING TO PAVEMENT 3/8 " o CURB AND GUTTER BARS @ 22" c-cADD 5.92 LBS. STEEL WHEN CONNECTING TO PAVEMENT12"PLAN 1/2 "o BAR x 1 1'-0"2- 1/2 "o BARS x 15'-9" 3/8" Ø REINF. BARS6"6"5'-0" 3/4"CHAMFER5"TOP GUTTER @ OUTSIDE EDGEFLOW LINE OF GUTTER6"2"5 1/2 " 3/4"CHAMFER2"5'-0"6"10'-0" OPENINGPAY LIMIT OF INLETTOP OF CURBSECTION B-BYHH1'-6"2'-6"12"6"6"12"8"WYFor 21", 24"RCPFor 27", 30" & 36"RCP5'-9 3/4"9'-3 1/2"For 12", 15", 18"RCP4'-7/8"WX12"6"12"6"6"XYW8"HX3'-0"4'-0"4'-8"3'-6"HW30HW24All edges chamfered 3/4".2'-6"2'-11"HW18BROOKS CH-11 HEADWALLS:3'-0"5'-0"meet Texas Highway Department standards.Concrete and steel specifications designed to2'-0"NEENAHR-3262-3CURB OPENINGR-3262-3NEENAHEXIST. GUTTER4" PVC @ 1.0% MIN. SLOPEEXISTING GRADER.O.W. LINECONCRETE COLLAR1" MIN.6"MONOLITHICCURBINSTALL WITH FLOWLINE FLUSH W/ GUTTEREXIST. DRAINLINECONNECT TOEXIST. DRAIN1'10'4:1 to nat. grd.4:1 to nat. grd.4'Ditch detail A-ASwale detail B-BVaries1.7Qcap = 465 cfsV = 7.4 fpsQcap=15 cfsv=3 fpsGrade = 0.93%grade=1.18%Line A-AQact = 85.3 cfsVact = 4.8 fpsSHEET NO.777 Main St., Suite 1900BGE, Inc.Fort Worth, TX 76102TBPE Registration No. F-1046Tel: 972-887-6130●www.bgeinc.comCopyright 2021Contact:Jaime Soria Jr.Tel: 817-872-6010THE FALCON ESTATES AT TROPHY CLUB 3.691 ACRES TOWN OF TROPHY CLUB DENTON COUNTY, TEXAS BEING 3.692 ACRES OUT OF THE RICHARD W. ALLEN SURVEY, ABSTRACT NO. 5 & THE JOHN R. MICHAEL SURVEY, ABSTRACT NO. 820 DEVELOPERBGE, INC.13101 Preston Rd., Ste 510BECK VENTURESContact:Yochoua ArrouasDirector of Operations & DevelopmentTel: 214-556-4620 (Office)Tel: 979-574-5523 (Cell)Dallas, Texas 75240BGE, Inc.F-1046SHEET NO.777 Main St., Suite 1900BGE, Inc.Fort Worth, TX 76102TBPE Registration No. F-1046Tel: 972-887-6130●www.bgeinc.comCopyright 2021Contact:Jaime Soria Jr.Tel: 817-872-6010THE FALCON ESTATES AT TROPHY CLUB 3.691 ACRES TOWN OF TROPHY CLUB DENTON COUNTY, TEXAS BEING 3.692 ACRES OUT OF THE RICHARD W. ALLEN SURVEY, ABSTRACT NO. 5 & THE JOHN R. MICHAEL SURVEY, ABSTRACT NO. 820 DEVELOPERBGE, INC.13101 Preston Rd., Ste 510BECK VENTURESContact:Yochoua ArrouasDirector of Operations & DevelopmentTel: 214-556-4620 (Office)Tel: 979-574-5523 (Cell)Dallas, Texas 75240BGE, Inc.F-104694 MONA V A L E R O A DKENT STREETTROPHY CLUB D R I V E 7 17031.54 SF 5 22875.05 SF 1 14766.13 SF 4 18690.77 SF 2 12484.09 SF 3 12521.00 SF 9 2598.84 SF 8 16196.28 SF 6 22131.14 SF FALCON DRIVE (50' ROW) EXISTING CAPPED GAS WELLHEADS WELL:701H API:12132456 WELL:702H API:12132556 WELL:703H API:12132578 STREET LIGHT 4' 12' 6.5'1'℄℄R.O.W.CURB0.5'2'SHEET NO. 777 Main St., Suite 1900 BGE, Inc. Fort Worth, TX 76102 TBPE Registration No. F-1046 Tel: 972-887-6130 ●www.bgeinc.com Copyright 2021 Contact:Jaime Soria Jr. Tel: 817-872-6010 THE FALCON ESTATES ATTROPHY CLUB3.691 ACRESTOWN OF TROPHY CLUBDENTON COUNTY, TEXASBEING 3.692 ACRES OUT OF THE RICHARD W. ALLENSURVEY, ABSTRACT NO. 5 & THE JOHN R. MICHAELSURVEY, ABSTRACT NO. 820DEVELOPER R (@ least 48 hours prior to digging) Call before you dig. Know what's below.BGE, INC.13101 Preston Rd., Ste 510 BECK VENTURES Contact:Yochoua Arrouas Director of Operations & Development Tel: 214-556-4620 (Office) Tel: 979-574-5523 (Cell) Dallas, Texas 75240 BGE, Inc. F-1046 0 40'80'20' SCALE: 1" = 40' NOTES: STREET LIGHT TO MEET STANDARD TOWN OF TROPHY CLUB STREET LIGHT DETAILS PER CHAPTER 10, SECTION 10-40 IN THE TOWN OF TROPHY CLUB SUBDIVISION REGULATIONS. LEGEND STREET LIGHT LOCATION STREET LIGHT PLANC-8.1 TYPICAL STREET LIGHT SECTION NOT TO SCALE 95 PROJECT:GAS WELL HOME DEVELOPMENT SITES LOCATION:TROPHY CLUB, TEXAS BID DATE:10.3.22 CONTACT:ADAM BERNARD EMAIL:ADAMB@NTEXCON.COM Item Description No.Qty Unit BREAKDOWN OF PERMANENT PUBLIC IMPROVEMENTS HAWTHORN ESTATES STORM 24" CL-III RCP (T&G)126 LF 10" CURB INLET 1 EA ROCK RIPRAP 17 SY WATER 8" DR-18 WATER LINE 416 LF 6" DR-18 WATER LINE 16 LF 6" GATE VALVE 2 EA 8" GATE VALVE 2 EA FIRE HYDRANT 2 EA 1" DOMESTIC SERVICE 9 EA 12" X 8" TAPPING SLEEVE 1 EA SANITARY 8" SDR-26 SANITARY PIPE 197 LF 8" SDR-35 SANITARY PIPE 278 LF 4' DIA MANHOLE 3 EA 4" DOMESTIC SERVICE W/ CLEANOUT 9 EA CONCRETE 6" 4000 PSI PAVING 1480 SY 4" 3000 PSI SIDEWALK 168 SF TOTAL:190,013.00$ NORTH TEXAS CONTRACTING, INC. Bid Bid Unit Amount 0.00 0.00 0.00 0.00 0.00 0.00 85.00 10,710.00 4,500.00 4,500.00 85.00 1,445.00 0.00 0.00 60.00 24,960.00 55.00 880.00 1,850.00 3,700.00 2,100.00 4,200.00 4,000.00 8,000.00 500.00 4,500.00 3,000.00 3,000.00 0.00 0.00 50.00 9,850.00 45.00 12,510.00 4,500.00 13,500.00 650.00 5,850.00 0.00 0.00 55.00 81,400.00 6.00 1,008.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 96 TC Parcel 7H & 8H - Parkland Dedication & Public Work Inspection Fees 8H - Aspen Estates 7H - Falcon Estates Total Parkland Dedication 28,601.54$ 36,773.41$ 65,374.95$ Public Work Contract Amount *198,753.00$ 190,013.00$ 388,766.00$ Public Work Inspection Fee (5%)9,937.65$ 9,500.65$ 19,438.30$ * 2 Year Maintenance Bond will be provided to Town of TC 97 98 99 100 101 102 103 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: The Aspen Estates (8H) Developer’s Agreement Town Council Meeting, February 14, 2023 Agenda Item: Consider and take appropriate action regarding a Developer’s Agreement between the Town of Trophy Club and Trophy Club Estates Development, L.P. for the Aspen Estates (8H); and authorizing the Mayor or her designee to execute all necessary documents. Background and Explanation: On December 13, 2022, Council approved the Final Plat for the Aspen Estates at Trophy Club (formerly gas well site 8H) consisting of seven (7) residential lots and two (2) common/open space lot with a public cul-de-sac street serving each lot, containing approximately 3.37 acres of land. The Developer’s Agreement was not presented and approved with the Final Plat due to staff, council and legal review, consultations, and revisions. As a result, this Developer’s Agreement is now ready for consideration and approval so Trophy Club Estates Development, LP. may begin construction of infrastructure at Aspen Estates (8H). As per subdivision Ordinance 10.02.201 requirements, a Developer’s Agreement shall be signed by the Mayor after engineering plans and cost estimates have been approved. Trophy Club Estates Development, L.P. is responsible for the public improvements principally listed in the Chapter 10, Article 10.02, Division 4. 1) Water Distribution System 2) Sanitary Sewer System 3) Drainage and Storm Sewer 4) Street Construction A homeowner’s association (HOA) will be created with the filing of the Final Plat that will own and maintain any common areas/lots. Additionally, the satisfaction of Parkland Dedication shall be paid prior to construction beginning and the issuance of building permits. 104 Page 2 of 2 Article 10.03 Parkland Dedication and Open Space Section 10.03.009. Dedication or payment required prior to beginning development. It shall be unlawful for any person who is required to convey land, or pay money in lieu of land, as required by this article, to begin, or allow any other person or contractor to begin, any construction or improvements on any land within the development to which this article applies, until the required conveyance of land or payment of money in lieu of land is made to the town in accordance with this article. Section 10.03.010 Dedication or payment required prior to issuance of building permits or provision of utility service. No building permits shall be issued for, and no permanent utility services shall be provided to any land within any development to which this article applies until the required conveyance of land or payment of money in lieu of land is made to the town in accordance with this article. Financial Considerations: None applicable. Legal Review: The Town Attorney has reviewed the Developer’s Agreement and has no objection. Board/Commission/ or Committee Recommendation: None applicable. Staff Recommendation: Staff recommends approval of the Developer’s Agreement for the Aspen Estates, 8H. Attachments: •Developer’s Agreement •Supporting Documents 105 27843539v2 56310.002.33 THE ASPEN ESTATES DEVELOPMENT CONTRACT FOR PUBLIC IMPROVEMENTS WHEREAS, TROPHY CLUB ESTATES DEVELOPMENT, LP (the “Developer”), whose business address is 13101 Preston Rd., Suite 510, Dallas, TX 75240, is the developer of real property located in the limits of the Town of Trophy Club, being described as THE ASPEN ESTATES SUBDIVISION (the “Development”), an unrecorded subdivision to the Town of Trophy Club, Texas; also known as Parcel 8H being further identified on Exhibit A attached thereto; North Texas Contracting, Inc (the “Contractor”) is the Contractor hired by Developer; and WHEREAS, Developer wishes to enter into this agreement with the TOWN OF TROPHY CLUB, TEXAS (the “Town”) to provide for the construction of certain public improvements (the “Public Improvements”), as described in Exhibit B attached hereto and made a part hereof by reference, which, among other things, are necessitated by and will serve the Development; and WHEREAS, this agreement is entered into pursuant to Subchapter C of Chapter 212 of the Texas Local Government Code as a condition of plat approval and the Public Improvements are roughly proportional to the benefits received and burdens imposed by the Development; and WHEREAS, this agreement is required to ensure that the Public Improvements are constructed in accordance with the Town’s standard specifications for public works projects, applicable ordinances and design criteria manuals (“Standard Specifications”), and the plans and specifications prepared by Developer’s engineer, BGE (“Developer’s Engineer”) dated October 2022, which were approved by the Town and are on file in the office of: Teague, Nall & Perkins, Tom Rutledge, Town Engineer, 100 106 27843539v2 56310.002.33 Macon Street, Fort Worth, Texas 76102 (“Town Engineer”), which may be amended with the written approval of the Town Engineer or their designee (the “Project Specifications”), such Standard Specifications and Project Specifications being incorporated hereby by reference and herein called the “Plans and Specifications”; and WHEREAS, the Developer understands and agrees that it is responsible for and has retained at its sole expense, the Developer’s Engineer to design the Public Improvements in accordance with the Standard Specifications, taking into consideration the specific site conditions that may impact the Public Improvements; and WHEREAS, the Developer shall provide for the construction of the Public Improvements by and through North Texas Contracting, Inc, (the “Contractor”) whose address is 4999 Keller Haslet Rd., Keller, TX. 76248, a construction contractor experienced in the construction of improvements similar to the Public Improvements and, the contractor shall meet Town and Statutory requirements for being insured, and licensed and bonded to perform work in public rights-of-way and to be qualified in all respects to bid on public streets and public projects of a similar nature, and the Developer agrees to submit contract documents to the Town and participate in pre-construction meetings with the Town and all Developer contractors; and WHEREAS, Developer and Contractor recognize that the Town has an interest in ensuring that the Public Improvements, which will, upon completion and acceptance by the Town, become public property, are properly constructed in accordance with the Plans and Specifications and that payment by Developer is provided therefor; NOW THEREFORE, The Developer, Contractor and Town (the “Parties”) in consideration of their mutual promises and covenants contained herein agree as follows: 1. Covenants of Developer and Contractor: a. Construction: Developer and Contractor shall construct the Public Improvements in accordance with the Plans and Specifications and complete the Public Improvements on or before eighteen (18) months from the final 107 27843539v2 56310.002.33 date of execution of this Contract. Developer shall be responsible for all monies due to the Contractor for construction of the Public Improvements. In no event shall the Town be responsible for payment of any of the expenses or costs to construct the Public Improvements. The Town Engineer in their discretion may require the Developer to provide security for payments to the Contractor, which may be in the form of a cash deposit with the Town, a letter of credit, a dedicated construction account with a lending institution approved by the Town Engineer, or other security that the Town Engineer in their discretion deems adequate to ensure that the Developer does not default in its payment obligations to the Contractor. b. Authority of Town Engineer, Inspections, Tests and Orders, Developer and Contractor Warranty. All work on the Public Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the Town Engineer or their representative. The Town Engineer shall decide all questions, which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of the Plans and Specifications and may reject any work not performed in accordance with the Plans and Specifications. The contractor, its surety on the performance bond required herein, and the Developer, warrant, that the Public Improvements will be free from defects in materials and workmanship and that they will pay to remedy same for a period of two years after the completion of the Public Improvements and final acceptance by the Town. This warranty shall not constitute a limitation on the duty to remedy latent defects in construction that were not known at the time of final acceptance or within said two-year warranty period. The Developer and Contractor shall furnish the Town Engineer or their representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the Plans and Specifications applicable thereto. Any work done, or materials used without 108 27843539v2 56310.002.33 suitable inspection by the Town may be ordered removed and replaced at Contractor’s expense. The Town Engineer or their designee shall perform periodic inspections of the work and shall perform a final inspection prior to final acceptance by the Town and an inspection 30 days prior to the expiration of two years from the date of final completion and acceptance of the work by the Town. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the Town Engineer or their representative, the Town Engineer shall notify the Developer of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the Town Engineer, the Town shall have no obligation under this agreement to approve or accept the Public Improvements and the Town may withhold, suspend or revoke any permits or other approvals for the Development until such matter is remedied to the satisfaction of the Town Engineer. c. Insurance. Contractor shall provide insurance in form and substance in accordance with the Town’s standard insurance requirements for public works projects, which are on file in the Town and/or in the Office of the Town Engineer and which are incorporated herein by reference. d. Means and Methods of Construction. The means and methods of construction shall be such as Contractor may choose; subject, however, to the Town’s right to reject the Public Improvements for which the means or method of constructions does not, in the judgment of the Town Engineer, assure that the Public Improvements are constructed in accordance with Plans and Specifications. 109 27843539v2 56310.002.33 e. Books and Records. All of the Developer’s and the Contractor’s books and other records related to the construction of the Public Improvements shall be available for inspection by the Town, f. Performance and Maintenance Bonds. Prior to the execution of this agreement, the commencement of construction or the issuance of any building permits, Developer or Contractor shall present to TOWN performance bond(s), payment bond(s) and maintenance bond(s) that meet the requirements of Chapter 2253 of the Texas Government Code. Each bond shall be in the full amount of the costs to construct the Public Improvements, as estimated by the Developer’s engineer and approved by the Town’s engineer, in favor of the Town ensuring completion of the Public Improvements in accordance with the Plans and Specifications and warranting against defects in materials and workmanship for a period of two years from the date of final acceptance by the Town as provided in 1(b) herein. The Contractor shall provide a written estimate of the costs to construct the public improvements. The estimated public improvement construction costs shall be included in Exhibit B. The performance bond(s), payment bond(s) and maintenance bond(s) shall be executed by a corporate surety authorized to do business in Texas in accordance with Chapter 2253 of the Texas Government Code, shall be on the Town’s standard form or such other form approved by the Town, and shall contain a local resident agent for service of process. The Developer or Contractor may be a co-obligee on the performance bond with regard to the Contractor’s obligations. g. Payment Bonds. The Developer or Contractor shall execute a payment bond in the full amount of the costs to construct the Public Improvements in favor of the Town insuring against claims from suppliers and subcontractors. The payment bond shall be executed by a corporate surety authorized to do business in Texas in accordance with Chapter 2253 of the Texas Government 110 27843539v2 56310.002.33 Code, shall be on the Town’s standard form or such other form approved by the Town, and shall contain a local resident agent for service of process. The Developer or Contractor may be a co-obligee on the payment bond. h. Retainage – Final Payments. As security for the faithful completion of the Public Improvements, Contractor and Developer agree that the Developer shall, retain ten (10) percent of the total dollar amount of the contract price until after final approval or acceptance of the Public Improvements by the Town. The Developer shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the Developer satisfactory evidence including an affidavit that all indebtedness has been paid, that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for all and used in the performance of the work have been paid or otherwise satisfied. In addition, Contractor shall provide Developer with a consent to final payment from the payment bond surety. i. Encumbrances. Upon completion and final acceptance of the Public Improvements by the Town, the Public Improvements shall become the property of the Town free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Public Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Public Improvements, or land dedicated to the Town, to which they are affixed, the Developer and Contractor shall upon notice by the Town promptly cause such claim, lien, charge or encumbrance to be satisfied and released or promptly post a bond with the Town in the amount of such claim, liens, charge or encumbrance, in favor of the Town, to ensure payment of such claim, lien, charge or encumbrance. j. INDEMNIFICATION. THE DEVELOPER AND CONTRACTOR SHALL AND HEREBY DO INDEMNIFY, DEFEND AND HOLD 111 27843539v2 56310.002.33 HARMLESS, THE TOWN, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, NAME AND DESCRIPTION BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED AS SUSTAINED BY ANY PERSON, PERSONS OR PROPERTY ON ACCOUNT OF THE OPERATIONS OF THE CONTRACTOR, THEIR AGENTS, EMPLOYEES OR SUBCONTRACTORS; OR ON ACCOUNT OF ANY NEGLIGENT ACT OR FAULT OF THE CONTRACTOR, THEIR AGENTS, EMPLOYEES OR SUBCONTRACTORS IN CONSTRUCTION OF THE IMPROVEMENTS; AND SHALL PAY ANY JUDGMENT, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE TOWN GROWING OUT OF SUCH INJURY OR DAMAGE. k. Approval by the TOWN Engineer of any plans, designs or specifications submitted by the DEVELOPER pursuant to this AGREEMENT shall not constitute or be deemed to be a release of the responsibility and liability of the DEVELOPER, his engineer, employees, officers or agents with respect to the construction of any of the PROJECT'S improvements or facilities, or for the accuracy and competency of the PROJECT'S improvements and facilities design and specifications prepared by the DEVELOPER'S consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that the approval by the TOWN Engineer signifies the TOWN'S approval on only the general design concept of the improvements and facilities to be constructed. l. The Developer and Contractor are responsible for all liability for drainage to adjacent and downstream property, but only to the extent directly caused by the design and construction of the Public Improvements contemplated by this agreement. 112 27843539v2 56310.002.33 m. This Developer’s Agreement shall be construed in accordance with the Town of Trophy Club, Texas Subdivision Regulations and all other applicable ordinances. Any conflicts between the provisions of this Developer’s Agreement, the Town’s Subdivision regulations, Town Ordinances, and State and Federal Law, shall be construed in favor of the Town’s Ordinances as allowed by law, subject to Chapter 245 of the Local Government Code. To the extent any such conflict exists, only that portion of the Developer’s Agreement in conflict shall be severable from the other provisions of the Agreement, and such conflict shall in no manner affect the validity or enforceability of the remaining provisions. n. All rights, remedies and privileges permitted or available to the Town under this Agreement or at law or equity shall be cumulative and not alternative, and election of any such right, remedy or privilege shall not constitute a waiver or exclusive election of any rights, remedies or privilege with respect to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance by the Town in the enforcement of any such right, remedy or privilege, shall not constitute a waiver of such right, remedy or privilege by the Town. A default under this agreement by the Town shall not result in forfeiture of any rights, remedies, or privileges under this Agreement by the Town. 2. Agreement Controlling. The provisions of this agreement shall control over any conflicting provision of any contract between the Developer and any other entity as to the construction of the Public Improvements. 3. Covenants of Town of Trophy Club. Upon proper completion of the Public Improvements in accordance with this agreement, the Town agrees to accept the Public Improvements. 4. Nexus and Rough Proportionality. The Developer acknowledges and agrees that there is a reasonable nexus between the demands created by the Development and the 113 27843539v2 56310.002.33 Public Improvements, and that the costs associated with the construction and dedication of land for the Public Improvements is roughly proportional to the benefits received and the burdens imposed by the Development. The Developer shall indemnify and hold the Town harmless against any claim by it or others claiming through it, that the required Public Improvements and associated dedication of land are unlawful exactions. 5. Venue and Governing Law. The Parties herein agree that this agreement shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this agreement shall be construed in accordance with the laws and court decisions of the State of Texas. 6. Successor and Assigns. This contract shall be binding upon and inure to the benefit of the parties, hereto, their respective successors and assigns. This agreement may not be assigned without written consent of the Parties. 114 27843539v2 56310.002.33 Executed this, ____ day of January 2023. DEVELOPER: NAME: ______________________________________ BY: _________________________________________ Name: Title: Address: CONTRACTOR: NAME: ______________________________________ BY: _________________________________________ Name: Title: Address: TOWN OF TROPHY CLUB BY: _________________________________________ Alicia L. Fleury, Mayor ATTEST: BY: _________________________________________ Anita Otterson, Town Secretary APPROVED AS TO FORM: BY: _________________________________________ J. David Dodd, Town Attorney 115 27843539v2 56310.002.33 Exhibit A – Legal Description 116 27843539v2 56310.002.33 Exhibit B –Public Improvements Breakdown 117 BGE, INC.Know what'sbelow.before you dig.CallR(@ least 48 hours prior to digging)CIVIL CONSTRUCTION PLANSTHE ASPEN ESTATES AT TROPHY CLUBFORINTOWN OF TROPHY CLUB, TEXASDENTON COUNTYJANUARY 2023LOCATION MAPNOT TO SCALETHE ASPEN ESTATES AT TROPHY CLUB TROPHY CLUB, TEXAS8484-00-8H777 Main Street, Suite 1900, Fort Worth, TX 76102BGE, Inc.TBPE Registration No. F-1046Tel: 817-887-6130●www.bgeinc.comCopyright 2021PLAN SUBMITTAL RECORDDATESUBMITTAL8/20/2021FINAL PLAT10/6/2022FINAL PLAT 1ST REVISION3/2/2022FINAL PLAT 2ND REVISION1/18/2023CONSTRUCTION ISSUE SETBEING 3.370 ACRES OUT OF THEJ. HENRY SURVEY, ABSTRACT NO. 529& THE R. ALLEN SURVEY, ABSTRACT NO. 1713101 Preston Rd., Ste 510BECK VENTURESContact:Yochoua ArrouasDirector of Operations & DevelopmentTel: 214-556-4620 (Office)Tel: 979-574-5523 (Cell)Dallas, Texas 75240Contact: Jaime Soria Jr.Telephone: (817)-872-6010JSORIA@BGEINC.COMBGE, Inc.F-10461/18/2023Sheet IndexSheet NumberSheet TitleC-0COVER SHEET--PLATC-1.1GENERAL NOTESC-2.1PAVING PLAN & PROFILEC-3.1GRADING PLANC-4.1EXISTING DRAINAGE AREA MAPC-4.2PROPOSED DRAINAGE AREA MAPC-4.3STORM DRAIN PLANC-5.1WATER & WASTEWATER PLANC-6.1EROSION CONTROL PLANC-6.2EROSION CONTROL DETAILSC-7.1CITY DETAILSC-7.2CITY DETAILSC-8.1STREET LIGHT PLAN118 TROP H Y C L U B D R I V E MOSSMAN LANE J. Henry Survey, Abstract No. 529 R. Allen Survey, Abstract No. 17 ASPE N D RI V E P.O.B. TROP H Y C L U B D R I V E (SLIP R O A D E )G:\TXN\Projects\Scott Beck\8484-00-Trophy_Club_Site_8H\SV\04_Finals\8484-00_8H_FPLT.dwg 2022-11-30-14:29 jhorn6030150 SCALE: 1" = 30' GENERAL NOTES: 1.Bearing system for this survey is based on the Texas State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983, adjustment realization 2011. 2.The floodplain boundaries are not shown hereon. The subject tract lies with Zone X as delineated on Flood Insurance Rate Map for Denton County, Texas and Incorporated Areas, Map Number 48121C0515G with Map Revised April 18, 2011. Zone X - Areas determined to be outside the 0.2% annual chance floodplain 3.The Town or MUD, as applicable, shall issue no permit until the completion of all dedicated improvements, and acceptance of such improvements associated with the subdivision, are approved by the Town. 4.The Aspen Estates at Trophy Club HOA shall be responsible for the operation and maintenance of any commonly held property and releases the Town of Trophy Club from such responsibility. Should the entity responsible for maintenance of common held property fail to perform the function, the Town has the authority to provide appropriate maintenance and repair and collect appropriate fees and reimbursements. 5.Selling a portion of this addition by metes and bounds is a violation of Town ordinance and State law and is subject to fines and withholding of utilities and building permits. 6.This plat does not alter or remove existing deed restrictions, if any, on this property. 7.Lots 8X and 9X are Open Space lots and to be owned and maintained by The Aspen Estates at Trophy Club HOA. 8.The purpose of this plat is to subdivide an unplatted tract into 7 single family lots and 2 open space lots. 9. Each homeowner will be responsible for the maintenance of the retaining wall on their property. 777 Main Street, Suite 1900, Fort Worth, TX 76102 BGE, Inc. TBPLS Registration No. 10194416 Tel: 817-887-6130 • www.bgeinc.com Copyright 2022 Contact: René Silvas, R.P.L.S. Telephone: (817) 752-4183 —Email: rsilvas@bgeinc.com SURVEYOR FINAL PLAT THE ASPEN ESTATES AT TROPHY CLUB 9 TOTAL LOTS 7 RESIDENTIAL LOTS LOTS 1-7, BLOCK A 2 OPEN SPACE LOTS LOTS 8X & 9X, BLOCK A BEING 3.370 ACRES OUT OF THE J. HENRY SURVEY, ABSTRACT NO. 529 AND THE R. ALLEN SURVEY, ABSTRACT NUMBER 17 TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS NOVEMBER 2022 SHEET 1 0F 2 CIRS 5/8" IRON ROD SET WITH "BGE" CAP CIRF CAPPED IRON ROD FOUND /M.R.D. MONUMENT OF RECORD DIGNITY P.O.B.POINT OF BEGINNING CAB., PG.CABINET, PAGE DOC. NO.DOCUMENT NUMBER O.R.D.C.T.OFFICIAL RECORDS DENTON COUNTY, TEXAS P.R.D.C.T.PLAT RECORDS DENTON COUNTY, TEXAS R.O.W.RIGHT-OF-WAY SQ. FT.SQUARE FEET ABSTRACT LINE EASEMENT LINE LOT LINE PROPERTY LINE LEGEND Cabinet_________, Page_______ (NOT TO SCALE) VICINITY MAP OWNER 13101 Preston Road, Suite 200 Dallas, TX 75240 C OIL INVESTMENTS, LTD. 119 G:\TXN\Projects\Scott Beck\8484-00-Trophy_Club_Site_8H\SV\04_Finals\8484-00_8H_FPLT.dwg 2022-11-30-14:30 jhorn777 Main Street, Suite 1900, Fort Worth, TX 76102 BGE, Inc. TBPLS Registration No. 10194416 Tel: 817-887-6130 • www.bgeinc.com Copyright 2022 Contact: René Silvas, R.P.L.S. Telephone: (817) 752-4183 —Email: rsilvas@bgeinc.com SURVEYOR OWNER'S DEDICATION That, C OIL INVESTMENTS, LTD., does hereby adopt this plat designating the hereabove described real property as THE ASPEN ESTATES AT TROPHY CLUB, an addition to the Town of Trophy Club, Denton County, Texas, and do hereby dedicate to the public's use forever the streets and easements shown thereon. WITNESS, my hand this the _____ Day of ___________________ , 2022. BY: _______________________________ NAME: TITLE: STATE OF TEXAS § COUNTY OF _______________________ § BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appeared _______________________________, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed and in the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _____ day of ___________________ , 2022. ______________________________________________ Notary Public, The State of Texas My Commission Expires _____________________________ SURVEYOR'S CERTIFICATE That I, RENÉ SILVAS, do hereby certify that i prepared this plat from an actual and accurate survey of the land and that the corner monuments shown therein were properly placed under my supervision in accordance with the subdivision regulations of the Town of Trophy Club. Dated this the _____ Day of ___________________ , 2022. _______________________________________ RENÉ SILVAS Date Rpls No. 5921 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appeared René Silvas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and considerations therein expressed and in the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ____ Day of ___________________ , 2022. ____________________________________________ Notary Public, The State OF Texas My Commission Expires _____________________________ UTILITY CERTIFICATE THE UNDERSIGNED UTILITY HAS REVIEWED THE FINAL PLAT AND IS IN AGREEMENT WITH THE LOCATION OF ALL EASEMENTS AND RIGHTS- OF -WAY SHOWN ON THE PLAT. CHARTER COMMUNICATIONS ONCOR ELECTRIC DELIVERY AT&T ATMOS ENERGY CORPORATOIN TRPOHY CLUB M.U.D. OWNER'S CERTIFICATE BEING, all of that 3.370 acre (146,790 square foot) tract of land situated in the J. Henry Survey, Abstract Number 529 and in the R. Allen Survey, Abstract No. 17, in the Town of Trophy, Denton County, Texas; being part of that tract of land described in Amendment to General Warranty Deed to C Oil Investments, LTD as recorded in Instrument Number 2005-33029 of the Official Records of Denton County, Texas; said 3.370 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING, at a 5/8-inch iron rod set with BGE cap in the south line of Trophy Club Drive (a 90-foot wide right-of-way); said point being the northeast corner of Lot 45, of The Highlands at Trophy Club Neighborhood 2 - Phase 1B, an addition to the Town of Trophy Club as recorded in Cabinet Y, Page 321 of the Plat Records of Denton County, Texas; said point being the northwest corner of said C Oil investments tract; THENCE, in a northeasterly direction, with the south line of said Trophy Club Drive and the north line of said C Oil Investments tract, along said curve to the right, an arc length of 573.90 feet, having a radius of 1,040.00 feet, a central angle of 31° 37' 03", and a chord which bears North 74° 16' 04" East, 566.65 feet to a 5/8-inch iron rod set with “BGE” cap for the northeast corner of said C Oil Investments tract; said point being the northwest corner of Lot 46, of said Highlands of Trophy Club; THENCE, South 21° 39' 25" East, with the east line of said C Oil Investments, LTD, a distance of 204.73 feet to a 5/8-inch iron rod set with “BGE” cap for the southeast corner of said C Oil Investments tract; said point being the southwest corner of Lot 36, and in a north line of Lot 13 of said Highlands of Trophy Club; THENCE, South 68 degrees 20 minutes 35 seconds West, with the south line of said C Oil Investments tract and the north lines of Lots 13 thru 19, a distance of 563.62 feet to a 5/8-inch iron rod set with “BGE” cap for the southwest corner of said C Oil Investments tract; said point being a north corner of said Lot 19, and the southeast corner of Lot 35 of said Highlands of Trophy Club; THENCE, North 21° 39' 26" West, with west line of said C Oil Investments tract and the east line of said Lot 35, a distance of 263.22 feet to the POINT OF BEGINNING and containing an area of 3.370 acres or 146,790 square feet of land, more or less. Preliminary,this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document. Cabinet_________, Page_______ FINAL PLAT THE ASPEN ESTATES AT TROPHY CLUB 9 TOTAL LOTS 7 RESIDENTIAL LOTS LOTS 1-7, BLOCK A 2 OPEN SPACE LOTS LOTS 8X & 9X, BLOCK A BEING 3.370 ACRES OUT OF THE J. HENRY SURVEY, ABSTRACT NO. 529 AND THE R. ALLEN SURVEY, ABSTRACT NUMBER 17 TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS NOVEMBER 2022 SHEET 2 0F 2 OWNER 13101 Preston Road, Suite 200 Dallas, TX 75240 TOWN COUNCIL & PLANNING AND ZONING COMMISSION APPROVAL APPROVED: _____________________________________ TOWN OF TROPHY CLUB DENTON COUNTY, TEXAS BY: , MAYOR DATE: ____________________________________ ATTEST: , TOWN SECRETARY DATE: ____________________________________ ATTEST: , PLANNING AND ZONING COMMISSION CHAIRMAN DATE: ____________________________________ C OIL INVESTMENTS, LTD. 120 REVISIONSREV NO.DATEDESCRIPTIONDRAWN BY: MLR CHECKED BY: JSDATE: 1/18/2023PROJECT NUMBER: 8484-00-8HSHEET NO.777 Main St., Suite 1900BGE, Inc.Fort Worth, TX 76102TBPE Registration No. F-1046Tel: 972-887-6130●www.bgeinc.comCopyright 2020Contact:David GreerTel: 817-872-6005CONTACT: 1-800-DIG-TESS48 HOURS PRIOR TO CONSTRUCTION!! CAUTION !!!!CAUTION !!THE ASPEN ESTATES AT TROPHY CLUB 3.370 ACRES CITY OF TROPHY CLUB DENTON COUNTY, TEXAS BGE, INC.DEVELOPER831 TROPHY, LP A CALLED 3.370 ACRES SITUATED IN J. HENRY SURVEY, ABST. NO. 529 AND R. ALLEN SURVEY ABST. NO. 17R(@ least 48 hours prior to digging)Call before you dig. Know what's below.BENCHMARKSCONTRACTOR TO VERIFY EXACT LOCATION & DEPTH OFEXIST FACILITIES PRIOR TO ANY CONSTRUCTIONACTIVITIESBM#1"X" CUT IN SIDEWALK AT THE NORTHWEST CORNER OFTROPHY CLUB DRIVE AND MOSSMAN LANE, ±38 FEETFROM CENTERLINE OF MOSSMAN LANE AND ±35 FEETFROM MEDIAN OF TROPHY CLUB DRIVENORTHING=7054521.88EASTING=2367562.32ELEV=595.933BM#2"X" CUT ON INLET ALONG NORTH SIDE OF TROPHY CLUBDRIVE, ±400 FEET EAST OF THE CENTER LINE OF BOBCATBLVD. AND ±48 FEET NORTH OF THE SOUTH CURBLINE INTHE MEDIAN OF TROPHY CLUB DRIVENORTHING=7054405.44EASTING=2367076.66ELEV=596.540BM#3"X" CUT ON INLET ALONG NORTH SIDE OF TROPHY CLUBDRIVE ±147 FEET EAST OF THE CENTER LINE OF BOBCATBLVD. AND ±47 FEET NORTH OF THE SOUTH CURBLINE INTHE MEDIAN OF TROPHY CLUB DRIVENORTHING=7054265.69EASTING=2366861.77ELEV=596.85013101 Preston Rd., Ste 510BECK VENTURESContact:Yochoua ArrouasDirector of Operations & DevelopmentTel: 214-556-4620 (Office)Tel: 979-574-5523 (Cell)Dallas, Texas 75240139564BGE, Inc.F-10461/18/2023GENERAL NOTES C-1.1“”121 TROPHY CLUB D R I V E MOSSMAN LANEL426.62'R1040' L426.62'R1040' 1 12923.09 SF 7 15713.78 SF 6 12966.35 SF 5 17989.90 SF 2 20761.55 SF 4 12311.88 SF 3 16654.94 SF L147.30' R 9 5 4' R40'0+001+002+00 3+00 3+78 N: 7054370.770 E: 2367171.220 S21°39'25"E156.97'N68°20'35"E 221.02' N68°20'35"E 221.02' "A" 1+17.47, -13.50' LT BEGIN CUL-DE-SAC "A" 1+35.70, 21.86' RT BEGIN CUL-DE-SAC "A" 1+56.97, 0.00' T CENTER OF CUL-DE-SAC "A" 1+98.82, 13.00' RT END CUL-DE-SAC "A" 1+98.47, -25.00' LT END CUL-DE-SAC "A" 3+22.75, 13.00' RT BEGIN CUL-DE-SAC "A" 3+22.75, -13.00' LT END CUL-DE-SAC "A" 3+77.99, 0.00' T CENTER OF CUL-DE-SAC R30'R50' R26.5' PROP. RW DESIGN/BUILD BY CONTRACTOR (SEE GRADING PLAN FOR TW/BW ELEV) R30' R30' R30' R30.5'R40.5'S21°39'25"E156.97'50' B-B 11.5'11.5'27'B-B11.5' 11.5' PROP. RW DESIGN/BUILD BY CONTRACTOR (SEE GRADING PLAN FOR TW/BW ELEV) PROP. RW DESIGN/BUILD BY CONTRACTOR (SEE GRADING PLAN FOR TW/BW ELEV) SAWCUT, REMOVE, & REPLACE EX. PVMT. PRE CITY STANDARDS 0+00 1+002+00 2+66 ASPEN DRIVE (50' ROW) A-CURB-CULDESAC-1 PROPOSED STOP SIGN R1-1 (36" X 36") (TxMUTCD) FUTURE SW TO BE CONSTRUCTED BY BUILDER EXISTING CAPPED WELLHEADS WELL: 801H API: 12132474 WELL: 802H API: 12132662 WELL: 803H API: 12132663 50' ROW 27' B-B 13.5'13.5' 11.5'11.5' 1' 4'6.5' 2% SLOPE6" CURB PROPOSED SIDEWALK LIMITS (SEE THIS SHEET) LOCAL STREET STA 1+70 - STA 5+71 NOT TO SCALE TO BE CURLEXED AND SEEDED BY DEVELOPER 6" LIME STABILIZED SUBGRADE (7% MINIMUM BY DRY SOIL WEIGHT) #3 BARS ON 18" C/C BOTH WAYS 6" - 4000 PSI PORTLAND CEMENT CONCRETE A 585 590 595 600 605 585 590 595 600 605 -1+00 0+00 1+00 2+00 3+00 4+00 5+00GRADE BREAKSTA. 0+02.00ELEV = 596.41GRADE BREAKSTA. 0+81.60ELEV = 598.00GRADE BREAKSTA. 3+77.99ELEV = 596.522.00%-0.50% -1+00 0+00 1+00 2+00 3+00 4+00 5+00 FILL TO BE COMPACTED PER TOWN OF TROPHY CLUB STANDARDS PROPOSED GRADE @ CENTERLINE PROFILE SCALE EXISTING GROUND @ CENTERLINE ASPEN DRIVE A-CURB-CULDESAC-1 590 595 600 605 590 595 600 605 -1+00 0+00 1+00 2+00 3+00 4+00GRADE BREAKSTA. 0+00.00ELEV = 596.57GRADE BREAKSTA. 0+06.72ELEV = 596.54GRADE BREAKSTA. 2+66.41ELEV = 596.57GRADE BREAKSTA. 1+86.56ELEV = 595.64GRADE BREAKSTA. 2+59.69ELEV = 596.54-0.50%0.50%-0.50%1.23% -1+00 0+00 1+00 2+00 3+00 4+00 PROPOSED GRADE FILL TO BE COMPACTED PER TOWN OF TROPHY CLUB STANDARDS EXISTING GROUND FILL TO BE COMPACTED PER TOWN OF TROPHY CLUB STANDARDS PROFILE SCALE FOR TC ADD 0.5' TO PROPOSED GRADE 100' ROW 81' B-B 40.5'40.5' 9.5'9.5' 1' 4'4.5' 2% SLOPE6" CURB PROPOSED SIDEWALK LIMITS (SEE THIS SHEET) CUL-DE-SAC TO BE CURLEXED AND SEEDED BY DEVELOPER 6" LIME STABILIZED SUBGRADE (7% MINIMUM BY DRY SOIL WEIGHT) #3 BARS ON 18" C/C BOTH WAYS 6" - 4000 PSI PORTLAND CEMENT CONCRETE AT STA 3+77.99 NOT TO SCALE REVISIONS REV NO.DATE DESCRIPTION DRAWN BY: MLR CHECKED BY: JS DATE: 1/18/2023 PROJECT NUMBER: 8484-00-8H SHEET NO. 777 Main St., Suite 1900 BGE, Inc. Fort Worth, TX 76102 TBPE Registration No. F-1046 Tel: 972-887-6130 ●www.bgeinc.com Copyright 2020 Contact:David Greer Tel: 817-872-6005 CONTACT: 1-800-DIG-TESS 48 HOURS PRIOR TO CONSTRUCTION !! CAUTION !! !!CAUTION !!THE ASPEN ESTATES ATTROPHY CLUB3.370 ACRESCITY OF TROPHY CLUBDENTON COUNTY, TEXASBGE, INC.DEVELOPER 831 TROPHY, LPA CALLED 3.370 ACRES SITUATED IN J. HENRY SURVEY,ABST. NO. 529 AND R. ALLEN SURVEY ABST. NO. 17CONTRACTOR TO VERIFY EXACT LOCATION & DEPTH OF EXIST FACILITIES PRIOR TO ANY CONSTRUCTION ACTIVITIES 13101 Preston Rd., Ste 510 BECK VENTURES Contact:Yochoua Arrouas Director of Operations & Development Tel: 214-556-4620 (Office) Tel: 979-574-5523 (Cell) Dallas, Texas 75240 139564 BGE, Inc. F-1046 1/18/2023PAVING PLAN & PROFILEC-2.1 0 40'80'20' SCALE: 1" = 40' NOTES 1.ALL BARRIER FREE RAMPS TO BE CONSTRUCTED BY PAVING CONTRACTOR. 2.CONTRACTOR TO VERIFY EXACT LOCATION OF UNDERGROUND GAS LINES BEFORE ANY CONSTRUCTION BEGINS. 122 TROPHY CLUB D R I V E MOSSMAN LANEL426.62'R1040' L426.62'R1040' 1 12923.09 SF 7 15713.78 SF 6 12966.35 SF 5 17989.90 SF 2 20761.55 SF 4 12311.88 SF 3 16654.94 SF L147.3 0 ' R954'>>>>>>>>>>>599599 LOCATION OF POSSIBLE OVERFLOW >> > >>>>>>>>>>598.7 598.2 598.0 598.5 597.0 597.5 597.5 597.1 597.2 598.4 598.3 599.4 598.6598.7599.4599.4 596.3 596.0 599.6 600.1 599.7 599.9 TC=596.9 TC=596.9 TC=597.0 TC=597.0 TC=597.7 TC=597.7 TC=597.7TC=597.9 TC=598.0 TC=598.2 TC=597.9 TC=598.1 TC=598.0 TC=597.1 TC=597.0 TC=597.1 TC=596.7 TC=596.4 TC=596.2 TC=596.7 TC=596.2 TC=597.3 596.9 596.6 597.9 597.6 598.0 598.2 596.5 EX=595.6 EX=595.7 EX=595.7 EX=597.1 EX=594.7 EX=597.3 TW=596.5 TW=598.9 TW=600.5 TW=597.4 TW=596.6 TW=595.8 BW=597.5 BW=596.8 BW=595.3 BW=596.1 BW=595.0 BW=596.9 598.9 TW=598.5TW=600.1 TW=599.8 TW=599.0 BW=597.1 BW=597.5 BW=595.8 BW=595.2 FP=600.6 FP=600.0 FP=600.4 FP=600.1 FP=598.8 FP=599.9 FP=599.4 TW=599.0 BW=596.0 ASPEN DRIVE (50' ROW) 596.6 596.6 EXISTING CAPPED WELLHEADS WELL: 801H API: 12132474 WELL: 802H API: 12132662 WELL: 803H API: 12132663 REVISIONS REV NO.DATE DESCRIPTION DRAWN BY: MLR CHECKED BY: JS DATE: 1/18/2023 PROJECT NUMBER: 8484-00-8H SHEET NO. 777 Main St., Suite 1900 BGE, Inc. Fort Worth, TX 76102 TBPE Registration No. F-1046 Tel: 972-887-6130 ●www.bgeinc.com Copyright 2020 Contact:David Greer Tel: 817-872-6005 CONTACT: 1-800-DIG-TESS 48 HOURS PRIOR TO CONSTRUCTION !! CAUTION !! !!CAUTION !!THE ASPEN ESTATES ATTROPHY CLUB3.370 ACRESCITY OF TROPHY CLUBDENTON COUNTY, TEXASBGE, INC.DEVELOPER 831 TROPHY, LPA CALLED 3.370 ACRES SITUATED IN J. HENRY SURVEY,ABST. NO. 529 AND R. ALLEN SURVEY ABST. NO. 17R (@ least 48 hours prior to digging) Call before you dig. Know what's below. BENCHMARKS CONTRACTOR TO VERIFY EXACT LOCATION & DEPTH OF EXIST FACILITIES PRIOR TO ANY CONSTRUCTION ACTIVITIES BM#1 "X" CUT IN SIDEWALK AT THE NORTHWEST CORNER OF TROPHY CLUB DRIVE AND MOSSMAN LANE, ±38 FEET FROM CENTERLINE OF MOSSMAN LANE AND ±35 FEET FROM MEDIAN OF TROPHY CLUB DRIVE NORTHING=7054521.88 EASTING=2367562.32 ELEV=595.933 BM#2 "X" CUT ON INLET ALONG NORTH SIDE OF TROPHY CLUB DRIVE, ±400 FEET EAST OF THE CENTER LINE OF BOBCAT BLVD. AND ±48 FEET NORTH OF THE SOUTH CURBLINE IN THE MEDIAN OF TROPHY CLUB DRIVE NORTHING=7054405.44 EASTING=2367076.66 ELEV=596.540 BM#3 "X" CUT ON INLET ALONG NORTH SIDE OF TROPHY CLUB DRIVE ±147 FEET EAST OF THE CENTER LINE OF BOBCAT BLVD. AND ±47 FEET NORTH OF THE SOUTH CURBLINE IN THE MEDIAN OF TROPHY CLUB DRIVE NORTHING=7054265.69 EASTING=2366861.77 ELEV=596.850 13101 Preston Rd., Ste 510 BECK VENTURES Contact:Yochoua Arrouas Director of Operations & Development Tel: 214-556-4620 (Office) Tel: 979-574-5523 (Cell) Dallas, Texas 75240 139564 BGE, Inc. F-1046 1/18/2023GRADING PLANC-3.1 0 30'60'15' SCALE: 1" = 30' GRADING, LOT AND PAD GUIDELINES 1.FRONT PROPERTY LINE SLOPE TO BE 2% MAX. 2.FINISHED FLOOR TO BE 1.1' ABOVE FINISHED PAD. 3.DRIVEWAY SLOPES SHALL NOT EXCEED 10% OTHERWISE APPROVED. MAXIMUM DRIVEWAY SLOPE SHALL BE 12%. 4.ALL DRAINAGE, INCLUDING SWALES, SHALL MAINTAIN A MINIMUM 1% SLOPE. SIDE YARD SWALES ADJACENT TO PADS SHALL HAVE A MINIMUM 1.25% SLOPE. 5.SLOPES IN FRONT YARDS SHALL BE A MAXIMUM 25%, SIDE YARDS MAXIMUM 33% AND REAR YARDS MAXIMUM 12%. 6.ALL TREES THAT ARE LOCATED WITHIN 15' OF A BUILDING PAD, ROAD OR ALLEY SHALL BE PROPERLY REMOVED AND DISPOSED OF SUBJECT TO LOCAL TREE ORDINANCE . TREES THAT HAVE A GRADE ELEVATION THAT DIFFERS FROM PROPOSED GRADE BY MORE THAN 1' SHALL BE REMOVED. 7.REAR YARD OR FRONT YARD SWALE (TYPE A OR C DRAINAGE) TO BE MINIMUM OF 10' AWAY FROM PAD AND 0.5' LOWER THAN PAD AT THE HIGHEST POINT. 8.ALL FILL TO BE PLACED AS SPECIFIED PER TOWN OF TROPHY CLUB STANDARDS. 9.DIRT CONTRACTOR TO BUILD ALL PADS 2' BEYOND DESIGN PAD PERIMETER AND CUT SWALES 0.5' BELOW DESIGNED GRADE. NOTES 1.WALL INFORMATION SHOWN ON PLANS IS TO BE USED FOR HEIGHT AND LOCATION PURPOSES ONLY. ACTUAL RETAINING WALL AND SLOPES STABILITY DESIGN BY OTHERS. ALL CONSTRUCTION ON SLOPES EXCEEDING 4:1 SHALL REQUIRE GEOTECHNICAL DESIGN FOR SLOPE AND SOIL STABILITY. 2.SIDEWALK AND HANDICAP RAMPS AS SHOWN ARE TO BE CONSTRUCTED WITH THIS CONTRACT BY THE PAVING CONTRACTOR. 3.RETAINING WALLS MUST BE PERMITTED BY THE TOWN PRIOR TO CONSTRUCTION. SEE TOWN STANDARDS FOR PERMITTING PROCESS FOR WALL HEIGHTS AND MATERIAL TYPES. 4.CONTRACTOR TO BUILD PAD 2' BEYOND DESIGN PAD. 5.CONTRACTOR TO CUT SWALES 0.5' BEYOND DESIGN PAD. 6.CONTRACTOR TO "DAYLIGHT" OVER CUT SWALES TO PROPOSED TOP OF CURB. LEGEND PROPOSED FLOW DIRECTION EXISTING CONTOUR PROPOSED CONTOUR PROPOSED SWALE FINISH PAD ELEVATION FP EXISTING EX TOP OF WALL TW BOTTOM OF WALL BW 647 647 2' 2'2' 2' DESIGN PAD FINISHED PAD FINISHED PADSIDE ⅊2' 0.5'EXCAVATION LIMIT FINAL SWALE AS SHOWN ON PLANS EXCAVATION LIMIT > 123 TROPHY CLUB DRIVEAp p r o x i m a t e L o c a t i o n o f t h e J. H e n r y S u r v e y , Ab s t r a c t N o . 5 2 9 Ap p r o x i m a t e L o c a t i o n o f t h e R. A l l e n S u r v e y , Ab s t r a c t N o . 1 719.333.37EXISTING CAPPED WELLHEADSWELL: 801H API: 12132474WELL: 802H API: 12132662WELL: 803H API: 12132663REVISIONSREV NO.DATEDESCRIPTIONDRAWN BY: MLR CHECKED BY: JSDATE: 1/18/2023PROJECT NUMBER: 8484-00-8HSHEET NO.777 Main St., Suite 1900BGE, Inc.Fort Worth, TX 76102TBPE Registration No. F-1046Tel: 972-887-6130●www.bgeinc.comCopyright 2020Contact:David GreerTel: 817-872-6005CONTACT: 1-800-DIG-TESS48 HOURS PRIOR TO CONSTRUCTION!! CAUTION !!!!CAUTION !!THE ASPEN ESTATES AT TROPHY CLUB 3.370 ACRES CITY OF TROPHY CLUB DENTON COUNTY, TEXAS BGE, INC.DEVELOPER831 TROPHY, LP A CALLED 3.370 ACRES SITUATED IN J. HENRY SURVEY, ABST. NO. 529 AND R. ALLEN SURVEY ABST. NO. 17R(@ least 48 hours prior to digging)Call before you dig. Know what's below.BENCHMARKSCONTRACTOR TO VERIFY EXACT LOCATION & DEPTH OFEXIST FACILITIES PRIOR TO ANY CONSTRUCTIONACTIVITIESBM#1"X" CUT IN SIDEWALK AT THE NORTHWEST CORNER OFTROPHY CLUB DRIVE AND MOSSMAN LANE, ±38 FEETFROM CENTERLINE OF MOSSMAN LANE AND ±35 FEETFROM MEDIAN OF TROPHY CLUB DRIVENORTHING=7054521.88EASTING=2367562.32ELEV=595.933BM#2"X" CUT ON INLET ALONG NORTH SIDE OF TROPHY CLUBDRIVE, ±400 FEET EAST OF THE CENTER LINE OF BOBCATBLVD. AND ±48 FEET NORTH OF THE SOUTH CURBLINE INTHE MEDIAN OF TROPHY CLUB DRIVENORTHING=7054405.44EASTING=2367076.66ELEV=596.540BM#3"X" CUT ON INLET ALONG NORTH SIDE OF TROPHY CLUBDRIVE ±147 FEET EAST OF THE CENTER LINE OF BOBCATBLVD. AND ±47 FEET NORTH OF THE SOUTH CURBLINE INTHE MEDIAN OF TROPHY CLUB DRIVENORTHING=7054265.69EASTING=2366861.77ELEV=596.85013101 Preston Rd., Ste 510BECK VENTURESContact:Yochoua ArrouasDirector of Operations & DevelopmentTel: 214-556-4620 (Office)Tel: 979-574-5523 (Cell)Dallas, Texas 75240139564BGE, Inc.F-10461/18/2023EXISTING DRAINAGE AREA MAP C-4.1030'60'15'SCALE: 1" = 30'LEGENDDRAINAGE AREADRAINAGE FLOW DIRECTIONDRAINAGE DESIGN POINTSRUNOFF IN C.F.S.DRAINAGE AREA NUMBERQ = CaCIAQ - FLOW IN CUBIC FEET PER SECOND = CFSC - RUNOFF COEFFICIENTI - INTENSITY WITH TIME OF CONCENTRATION OF 15.0 MINUTES = 4.85 IN/HR (5 YR) \ 6.41 IN/HR (25 YR.) \ 7.91 IN/HR (100 YR.)A - DRAINAGE AREA = AREA IN ACRESDRAINAGE DESIGN CRITERIARATIONAL METHOD100 YEAR DESIGNXX.XXX.XXDRAINAGE AREA IN ACRESXX124 J . Hen ry Su rvey ,Abs t rac t No . 529R. A l len Su rvey ,Abs t rac t No . 17TROPHY CLUB DRIVEAp p r o x i m a t e L o c a t i o n o f t h e J. H e n r y S u r v e y , Ab s t r a c t N o . 5 2 9 Ap p r o x i m a t e L o c a t i o n o f t h e R. A l l e n S u r v e y , Ab s t r a c t N o . 1 7ΔL426.62'R1040'L426.62'R1040'112923.09 SF715713.78 SF612966.35 SF517989.90 SF220761.55 SF412311.88 SF316654.94 SFL147.30'R954'59959716.402.861.490.261.430.25ASPEN DRIVE(50' ROW)EXISTING CAPPED WELLHEADSWELL: 801H API: 12132474WELL: 802H API: 12132662WELL: 803H API: 12132663REVISIONSREV NO.DATEDESCRIPTIONDRAWN BY: MLR CHECKED BY: JSDATE: 1/18/2023PROJECT NUMBER: 8484-00-8HSHEET NO.777 Main St., Suite 1900BGE, Inc.Fort Worth, TX 76102TBPE Registration No. F-1046Tel: 972-887-6130●www.bgeinc.comCopyright 2020Contact:David GreerTel: 817-872-6005CONTACT: 1-800-DIG-TESS48 HOURS PRIOR TO CONSTRUCTION!! CAUTION !!!!CAUTION !!THE ASPEN ESTATES AT TROPHY CLUB 3.370 ACRES CITY OF TROPHY CLUB DENTON COUNTY, TEXAS BGE, INC.DEVELOPER831 TROPHY, LP A CALLED 3.370 ACRES SITUATED IN J. HENRY SURVEY, ABST. NO. 529 AND R. ALLEN SURVEY ABST. NO. 17R(@ least 48 hours prior to digging)Call before you dig. Know what's below.BENCHMARKSCONTRACTOR TO VERIFY EXACT LOCATION & DEPTH OFEXIST FACILITIES PRIOR TO ANY CONSTRUCTIONACTIVITIESBM#1"X" CUT IN SIDEWALK AT THE NORTHWEST CORNER OFTROPHY CLUB DRIVE AND MOSSMAN LANE, ±38 FEETFROM CENTERLINE OF MOSSMAN LANE AND ±35 FEETFROM MEDIAN OF TROPHY CLUB DRIVENORTHING=7054521.88EASTING=2367562.32ELEV=595.933BM#2"X" CUT ON INLET ALONG NORTH SIDE OF TROPHY CLUBDRIVE, ±400 FEET EAST OF THE CENTER LINE OF BOBCATBLVD. AND ±48 FEET NORTH OF THE SOUTH CURBLINE INTHE MEDIAN OF TROPHY CLUB DRIVENORTHING=7054405.44EASTING=2367076.66ELEV=596.540BM#3"X" CUT ON INLET ALONG NORTH SIDE OF TROPHY CLUBDRIVE ±147 FEET EAST OF THE CENTER LINE OF BOBCATBLVD. AND ±47 FEET NORTH OF THE SOUTH CURBLINE INTHE MEDIAN OF TROPHY CLUB DRIVENORTHING=7054265.69EASTING=2366861.77ELEV=596.85013101 Preston Rd., Ste 510BECK VENTURESContact:Yochoua ArrouasDirector of Operations & DevelopmentTel: 214-556-4620 (Office)Tel: 979-574-5523 (Cell)Dallas, Texas 75240139564BGE, Inc.F-10461/18/2023PROPOSED DRAINAGE AREA MAP C-4.2030'60'15'SCALE: 1" = 30'LEGENDDRAINAGE AREADRAINAGE FLOW DIRECTIONDRAINAGE DESIGN POINTSRUNOFF IN C.F.S.DRAINAGE AREA NUMBERQ = CaCIAQ - FLOW IN CUBIC FEET PER SECOND = CFSC - RUNOFF COEFFICIENTI - INTENSITY WITH TIME OF CONCENTRATION OF 15.0 MINUTES = 4.85 IN/HR (5 YR) \ 6.41 IN/HR (25 YR.) \ 7.91 IN/HR (100 YR.)A - DRAINAGE AREA = AREA IN ACRESDRAINAGE DESIGN CRITERIARATIONAL METHOD100 YEAR DESIGNXX.XXX.XXDRAINAGE AREA IN ACRESXX125 TROPHY CLUB DRIVEMO S S M A N L A N E the boundary lines or property corners of their respective tracts. The field work performed does not necessarily verifyThe square footage value shown hereon is a mathematical value calculated from the boundary data shown hereon.This value in no way represents the precision of closure of this survey or the accuracy of corner monuments found orΔL426.62'R1040'L426.62'R1040'112923.09 SF715713.78 SF612966.35 SF517989.90 SF220761.55 SF412311.88 SF316654.94 SFL147.30'R954'0+85 0 + 0 0STA 0+85.27 SD LINE 'A'INSTALL:1-10' CURB INLETSTA 0+46.36 SD LINE 'A'POINT OF TANGENTSTA 0+00.24 SD LINE 'A'POINT OF CURVESTA 0+00.00 SD LINE 'A'CONNECT TO EX. STRM INLETL46.12'R65'PROPOSED 20'DRAINAGE EASEMENTASPEN DRIVE(50' ROW)SD LINE A (24" RCP)EXISTING CAPPED WELLHEADSWELL: 801H API: 12132474WELL: 802H API: 12132662WELL: 803H API: 12132663SD LINE 'A'575580585590595600605575580585590595600605-0+500+001+001+25-0+500+001+001+25PROPOSEDGRADE @CENTERLINEEXISTINGGROUND @CENTERLINESTA. 0+85.27 SD LINE 'A' INSTALL: 1-10' CURB INLET RIM: 596.17 STA. 0+46.36 SD LINE 'A' POINT OF TANGENT STA. 0+00.24 SD LINE 'A' POINT OF CURVE STA. 0+00.00 SD LINE 'A' CONNECT TO EX. STRM INLET FL (24": 590.83 (Out) FL (24") = 590.49 (In) FL (24": 590.49 (Out) FL (24") = 590.09 (In) FL (24": 590.09 (Out) FL (24") = 590.09 STA. 0+0.66 EX. 8" WWL FL = 577.25 11.93' EX. GAS LINE CONTRACTOR TO VERIFY LOCATION EX.STORMINLET100 YEAR-HGLPROFILE SCALEREVISIONSREV NO.DATEDESCRIPTIONDRAWN BY: MLR CHECKED BY: JSDATE: 1/18/2023PROJECT NUMBER: 8484-00-8HSHEET NO.777 Main St., Suite 1900BGE, Inc.Fort Worth, TX 76102TBPE Registration No. F-1046Tel: 972-887-6130●www.bgeinc.comCopyright 2020Contact:David GreerTel: 817-872-6005CONTACT: 1-800-DIG-TESS48 HOURS PRIOR TO CONSTRUCTION!! CAUTION !!!!CAUTION !!THE ASPEN ESTATES AT TROPHY CLUB 3.370 ACRES CITY OF TROPHY CLUB DENTON COUNTY, TEXAS BGE, INC.DEVELOPER831 TROPHY, LP A CALLED 3.370 ACRES SITUATED IN J. HENRY SURVEY, ABST. NO. 529 AND R. ALLEN SURVEY ABST. NO. 17CONTRACTOR TO VERIFY EXACT LOCATION & DEPTH OFEXIST FACILITIES PRIOR TO ANY CONSTRUCTIONACTIVITIES13101 Preston Rd., Ste 510BECK VENTURESContact:Yochoua ArrouasDirector of Operations & DevelopmentTel: 214-556-4620 (Office)Tel: 979-574-5523 (Cell)Dallas, Texas 75240139564BGE, Inc.F-10461/18/2023STORM DRAIN PLAN C-4.3040'80'20'SCALE: 1" = 40'LEGENDPROPOSED DRAINAGEEXISTING DRAINAGEROOF DRAINRDEXISTING CONTOURPROPOSED CONTOUR6476471.THE CONTRACTOR SHALL FIELD VERIFY THE HORIZONTAL AND VERTICALLOCATION OF EXISTING STORM DRIAN LINES WHERE PROPOSED LINES AREBEING CONNECTED, PRIOR TO START OF CONSTRUCTION. THE CONTRACTORSHALL NOTIFY THE ENGINEER IMMEDIATELY IF A CONFLICT IS DISCOVERED.2.FACTORY FABRICATED 45 DEGREE OR 60 DEGREE WYES SHALL BE INSTALLEDAT ALL PROPOSED PIPE TO PROPOSED PIPE CONNECTIONS.3.ALL CONNECTIONS TO EXISTING CONCRETE PIPE SHALL BE MADE WITHCONCRETE PIPE.4.CONCRETE COLLARS SHALL BE CONSTRUCTED AT ALL PROPOSED PIPE TOEXISTING CONCRETE PIPE CONNECTIONS, AT ALL CONCRETE PIPE SIZECHANGES, AT ALL CONCRETE PIPE PVI'S AND AT ALL CONCRETE PIPE JOINTSWITH MORE THAN HALF PIPE TONGUE EXPOSURE.5.REFER TO SHEET C-4.6 FOR STORM DRAIN DETAILS.6.UNLESS NOTED, STORM DRAIN LINES MAY BE OF THE FOLLOWING MATERIALS.A. RCP C-76, CLASS III (PUBLIC & PRIVATE)AND INSTALLED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS.NOTES126 Ex.GASEx.GASEx.GASEx.GASEx.GASEx.GASEx.GASEx.GASEx.GASEx.GASEx.GASEx.GASEx.GASEx.GASEx.GASEx.GASTROPHY CLUB DRIVEMO S S M A N L A N E The square footage value shown hereon is a mathematical value calculated from the boundary data shown hereon.This value in no way represents the precision of closure of this survey or the accuracy of corner monuments found orAp p r o x i m a t e L o c a t i o n o f t h e J. H e n r y S u r v e y , Ab s t r a c t N o . 5 2 9 Ap p r o x i m a t e L o c a t i o n o f t h e R. A l l e n S u r v e y , Ab s t r a c t N o . 1 7ΔL426.62'R1040'L426.62'R1040'112923.09 SF715713.78 SF612966.35 SF517989.90 SF220761.55 SF412311.88 SF316654.94 SFL147.30'R954'SAWCUT, REMOVE, &REPLACE EX. PVMT.WILL REQUIRE FULLPANEL REPLACEMENTPER CITY STANDARDSINSTALL:2- 8" 22.5° BENDINSTALL:2- 8" 45° BENDSINSTALL:1 - 8"x6" TEE1 - 8" VALVE1 - 6" VALVE1 - STD. FIRE HYDRANT4 L.F. 6" WATER LINE1 - 8" PLUGCONNECT TO EX. 12" WATER LINEINSTALL:1 - 12"x8" TAPPING SLEEVE1 - 8" VALVE8" SS LINE 'A'8" WATER LINEINSTALL:1- 8" 45° BENDINSTALL:1- 8" 45° BENDS4+150+001+002+003+004+00STA 0+00.00 SS - LINE 'A'INSTALL:1- 4' DIA SSMHRIM: 596.93FL: 578.68 (IN) (S)STA 1+67.54 SS - LINE 'A'INSTALL:1- 4' DIA SSMHRIM: 597.37FL: 582.97 (IN) (E)FL: 582.87 (OUT) (N)STA 4+15.04 SS - LINE 'A'INSTALL:1- 4' DIA SSMHRIM: 596.31FL: 589.16 (OUT) (W)7'5'INSTALL:1- 8" 22.5° BENDSINSTALL:1- 8" 45° BENDSINSTALL:1- 8" 22.5° BENDSASPEN DRIVE(50' ROW)EXISTING CAPPED WELLHEADSWELL: 801H API: 12132474WELL: 802H API: 12132662WELL: 803H API: 12132663SEWERSTORMWATERRIGHT OF WAYPAVEMENT B-B7'PVMT4'℄5'TYPICAL UTILITY LOCATIONDETAILSCALE: NTS1" SINGLEWATERSERVICE1" SINGLEWATERSERVICEROWCL ROWROWWATER MAINSS MAINSANITARY SEWER SERVICE TO BE LOCATED 10' DOWNSTREAMFROM THE CENTER OF LOT UNLESS OTHERWISE NOTEDWATER SERVICE TO BE LOCATED 1' FROM LOT LINEWATER SERVICE TAPS SHALL BE 1" FOR SINGLE SERVICEALL METERS SHALL BE 1" AND ARE TO BE LOCATED ONE (1)FOOT BEHIND CURB4" SS SERVICE10'CL LOTTYPICAL WATER & SS SERVICELOCATION DETAILSCALE: NTS1' TYP5'8'SS - LINE 'A'565570575580585590595600565570575580585590595600-0+500+001+002+003+004+004+50-0+500+001+002+003+004+004+50167.54 LF OF 8" PVC@ 2.50%247.51 LF OF 8" PVC@ 2.50%STA 0+00.00 BEGIN SS - LINE 'A'INSTALL:1- 4' DIA SSMHRIM = 596.93FL IN (8") = 578.68 STA 4+15.04 END SS - LINE 'A' INSTALL: 1- 4' DIA SSMH RIM = 596.31 FL OUT (8") = 589.16 STA 1+67.54 SS - LINE 'A'INSTALL:1- 4' DIA SSMHRIM = 597.37FL IN (8") = 582.97FL OUT (8") = 582.87 EX. GROUND @ CLPROP. GRADE @ CLCOMPACTED FILL PERGEOTECH REPORTEX. GAS LINE CONTRACTOR TO VERIFY LOCATION PROFILE SCALEVERT. = 1" = 4'HORIZ. = 1" = 40'REVISIONSREV NO.DATEDESCRIPTIONDRAWN BY: MLR CHECKED BY: JSDATE: 1/18/2023PROJECT NUMBER: 8484-00-8HSHEET NO.777 Main St., Suite 1900BGE, Inc.Fort Worth, TX 76102TBPE Registration No. F-1046Tel: 972-887-6130●www.bgeinc.comCopyright 2020Contact:David GreerTel: 817-872-6005CONTACT: 1-800-DIG-TESS48 HOURS PRIOR TO CONSTRUCTION!! CAUTION !!!!CAUTION !!THE ASPEN ESTATES AT TROPHY CLUB 3.370 ACRES CITY OF TROPHY CLUB DENTON COUNTY, TEXAS BGE, INC.DEVELOPER831 TROPHY, LP A CALLED 3.370 ACRES SITUATED IN J. HENRY SURVEY, ABST. NO. 529 AND R. ALLEN SURVEY ABST. NO. 17R(@ least 48 hours prior to digging)Call before you dig. Know what's below.BENCHMARKSCONTRACTOR TO VERIFY EXACT LOCATION & DEPTH OFEXIST FACILITIES PRIOR TO ANY CONSTRUCTIONACTIVITIESBM#1"X" CUT IN SIDEWALK AT THE NORTHWEST CORNER OFTROPHY CLUB DRIVE AND MOSSMAN LANE, ±38 FEETFROM CENTERLINE OF MOSSMAN LANE AND ±35 FEETFROM MEDIAN OF TROPHY CLUB DRIVENORTHING=7054521.88EASTING=2367562.32ELEV=595.933BM#2"X" CUT ON INLET ALONG NORTH SIDE OF TROPHY CLUBDRIVE, ±400 FEET EAST OF THE CENTER LINE OF BOBCATBLVD. AND ±48 FEET NORTH OF THE SOUTH CURBLINE INTHE MEDIAN OF TROPHY CLUB DRIVENORTHING=7054405.44EASTING=2367076.66ELEV=596.540BM#3"X" CUT ON INLET ALONG NORTH SIDE OF TROPHY CLUBDRIVE ±147 FEET EAST OF THE CENTER LINE OF BOBCATBLVD. AND ±47 FEET NORTH OF THE SOUTH CURBLINE INTHE MEDIAN OF TROPHY CLUB DRIVENORTHING=7054265.69EASTING=2366861.77ELEV=596.85013101 Preston Rd., Ste 510BECK VENTURESContact:Yochoua ArrouasDirector of Operations & DevelopmentTel: 214-556-4620 (Office)Tel: 979-574-5523 (Cell)Dallas, Texas 75240139564BGE, Inc.F-10461/18/2023WATER & WASTEWATER PLAN C-5.1040'80'20'SCALE: 1" = 40'LEGENDEXISTING WATER LINEPROPOSED WATER MAINPROPOSED SANITARY SEWEREXISTING GASPROPOSED FIRE HYDRANTEx.8"WLEx.GASNOTES1. CONTRACTOR TO COORDINATE ELECTRIC SERVICE WITHUTILITY COMPANY.2.EXISTING SANITARY SEWER ELEVATIONS AND LOCATIONSARE APPROXIMATE AND ARE BASED OFF OF SURVEY ANDRECORD DRAWING INFORMATION OBTAINED FROM THE CITY.3.THE CONTRACTOR SHALL FIELD VERIFY THE HORIZONTALAND VERTICAL LOCATION OF ALL EXISTING UTILITIES WHEREPROPOSED UTILITIES ARE BEING CONNECTED, PRIOR TOSTART OF CONSTRUCTION. THE CONTRACTOR SHALL NOTIFYTHE ENGINEER IMMEDIATELY IF A CONFLICT IS DISCOVERED.4.CONTRACTOR SHALL REFERENCE GENERAL NOTES SHEETFOR ADDITIONAL INFORMATION. INFORMATION ON THEGENERAL NOTES SHEET IS PART OF A UNIFIED DESIGN AND ISPERTINENT TO THIS PLAN SHEET.5.CONTRACTOR SHALL CALL MUD 1 AT (682) 831-4600 FORUTILITY LOCATIONS PRIOR TO ANY WORK IN THE CITYEASEMENTS OR STREET RIGHT OF WAY.6.SAWCUT, REMOVAL, AND REPLACEMENT OF EXISTINGCONCRETE SHALL BE PER CITY SPECIFICATIONS. CITYINSPECTOR TO DETERMINE EXACT LIMITS OF PAVEMENTREPLACEMENT.7.ALL UTILITY CROSSINGS SHALL COMPLY WITH TCEQSTANDARDS CH. 217.127 TROPHY CLUB DRIVEL426.62'R1040'L426.62'R1040'112923.09 SF715713.78 SF612966.35 SF517989.90 SF220761.55 SF412311.88 SF316654.94 SFL147.30'R954'55'CEIPFTXXXXXXXXXXSFSFSFXXXXXXXXXXXXXXXXXIP5995 9 7 599599597600ASPEN DRIVE(50' ROW)EXISTING CAPPED WELLHEADSWELL: 801H API: 12132474WELL: 802H API: 12132662WELL: 803H API: 12132663REVISIONSREV NO.DATEDESCRIPTIONDRAWN BY: MLR CHECKED BY: JSDATE: 1/18/2023PROJECT NUMBER: 8484-00-8HSHEET NO.777 Main St., Suite 1900BGE, Inc.Fort Worth, TX 76102TBPE Registration No. F-1046Tel: 972-887-6130●www.bgeinc.comCopyright 2020Contact:David GreerTel: 817-872-6005CONTACT: 1-800-DIG-TESS48 HOURS PRIOR TO CONSTRUCTION!! CAUTION !!!!CAUTION !!THE ASPEN ESTATES AT TROPHY CLUB 3.370 ACRES CITY OF TROPHY CLUB DENTON COUNTY, TEXAS BGE, INC.DEVELOPER831 TROPHY, LP A CALLED 3.370 ACRES SITUATED IN J. HENRY SURVEY, ABST. NO. 529 AND R. ALLEN SURVEY ABST. NO. 17R(@ least 48 hours prior to digging)Call before you dig. Know what's below.BENCHMARKSCONTRACTOR TO VERIFY EXACT LOCATION & DEPTH OFEXIST FACILITIES PRIOR TO ANY CONSTRUCTIONACTIVITIESBM#1"X" CUT IN SIDEWALK AT THE NORTHWEST CORNER OFTROPHY CLUB DRIVE AND MOSSMAN LANE, ±38 FEETFROM CENTERLINE OF MOSSMAN LANE AND ±35 FEETFROM MEDIAN OF TROPHY CLUB DRIVENORTHING=7054521.88EASTING=2367562.32ELEV=595.933BM#2"X" CUT ON INLET ALONG NORTH SIDE OF TROPHY CLUBDRIVE, ±400 FEET EAST OF THE CENTER LINE OF BOBCATBLVD. AND ±48 FEET NORTH OF THE SOUTH CURBLINE INTHE MEDIAN OF TROPHY CLUB DRIVENORTHING=7054405.44EASTING=2367076.66ELEV=596.540BM#3"X" CUT ON INLET ALONG NORTH SIDE OF TROPHY CLUBDRIVE ±147 FEET EAST OF THE CENTER LINE OF BOBCATBLVD. AND ±47 FEET NORTH OF THE SOUTH CURBLINE INTHE MEDIAN OF TROPHY CLUB DRIVENORTHING=7054265.69EASTING=2366861.77ELEV=596.85013101 Preston Rd., Ste 510BECK VENTURESContact:Yochoua ArrouasDirector of Operations & DevelopmentTel: 214-556-4620 (Office)Tel: 979-574-5523 (Cell)Dallas, Texas 75240139564BGE, Inc.F-10461/18/2023EROSION CONTROL PLAN C-6.1030'60'15'SCALE: 1" = 30'SFCELEGENDDIRECTION OF FLOWSILT FENCECONSTRUCTION ENTRANCECONCRETE WASHOUT PITINLET PROTECTIONFILTER TUBEROCK CHECK-DAMXWPIPFTTOTAL DISTURBED AREA = 3.370 ACRESRDEROSION CONTROL NOTE1.EROSION CONTROL DEVICES AS SHOWN ON THEEROSION CONTROL PLAN FOR THE PROJECT SHALLBE INSTALLED PRIOR TO THE START OF LANDDISTRUBING ACTIVITIES ON THE PROJECT.2.ALL EROSION CONTROL DEVICES ARE TO BEINSTALLED IN ACCORDANCE WITH THE APPROVEDPLANS AND SPECIFICATIONS FOR THE PROJECT.CHANGES ARE TO BE APPROVED BEFORECONSTRUCTION BY THE DESIGN ENGINEER AND THECITY OF PLANO ENGINEERING DIVISION.3.IF THE EROSION CONTROL PLAN AS APPROVEDCANNOT CONTROL EROSION AND OFF-SITESEDIMENTATION FROM THE PROJECT THE EROSIONCONTROL PLAN WILL BE REQUIRED TO BE REVISEDAND/OR ADDITIONAL EROSION CONTROL DEVISESWILL BE REQUIRED ON SITE.4.IF OFF-SITE SOIL BORROW OR SPOIL SITES AREUSED IN CONJUNCTION WITH THIS PROJECT, THISINFORMATION SHALL BE DISCLOSED AND SHOWNON THE EROSION CONTROL PLAN. OFF-SITEBORROW AND SPOIL AREAS ARE CONSIDERED APART OF THE PROJECT SITE AND THEREFORESHALL COMPLY WITH THE CITY OF PLANO EROSIONCONTROL REQUIREMENTS. THESE AREAS SHALL BESTABILIZED WITH PERMANENT GROUND COVERPRIOR TO FINAL APPROVAL OF THE PROJECT.5.IT SHALL BE THE CONTRACTOR'S RESPONSIBILITYTO USE WHATEVER MEANS ARE NECESSARY TOCONTROL AND LIMIT SILT AND SEDIMENT LEAVINGTHE SITE. SPECIFICALLY, THE CONTRACTOR SHALLPROTECT ALL PUBLIC STREETS, ALLEYS, STREAMS,STORM DRAIN SYSTEMS AND INLETS FROMEROSION DEPOSITS. THE CONTRACTOR ISRESPONSIBLE FOR MAINTAINING EROSIONCONTROL AND SHALL PROVIDE STREET CLEANINGON PUBLIC STREETS IF ANY EARTH MATERIAL ISTRANSPORTED FROM THE CONSTRUCTION SITE ATTHE END OF EACH DAY. EARTH MATERIAL SHALLNOT BE ALLOWED TO ACCUMULATE ON CITY ROADS.128 REVISIONSREV NO.DATEDESCRIPTIONDRAWN BY: MLR CHECKED BY: JSDATE: 1/18/2023PROJECT NUMBER: 8484-00-8HSHEET NO.777 Main St., Suite 1900BGE, Inc.Fort Worth, TX 76102TBPE Registration No. F-1046Tel: 972-887-6130●www.bgeinc.comCopyright 2020Contact:David GreerTel: 817-872-6005CONTACT: 1-800-DIG-TESS48 HOURS PRIOR TO CONSTRUCTION!! CAUTION !!!!CAUTION !!THE ASPEN ESTATES AT TROPHY CLUB 3.370 ACRES CITY OF TROPHY CLUB DENTON COUNTY, TEXAS BGE, INC.DEVELOPER831 TROPHY, LP A CALLED 3.370 ACRES SITUATED IN J. HENRY SURVEY, ABST. NO. 529 AND R. ALLEN SURVEY ABST. NO. 17CONTRACTOR TO VERIFY EXACT LOCATION & DEPTH OFEXIST FACILITIES PRIOR TO ANY CONSTRUCTIONACTIVITIES13101 Preston Rd., Ste 510BECK VENTURESContact:Yochoua ArrouasDirector of Operations & DevelopmentTel: 214-556-4620 (Office)Tel: 979-574-5523 (Cell)Dallas, Texas 75240139564BGE, Inc.F-10461/18/2023EROSION CONTROL DETAILS C-6.2VARIESINLET18''CUT AWAY OFFILTER FABRICEXTEND 2'-0'' MINIMUM BEYONDINLET OPENING AT EACH END.3'' OVERLAP ATFABRIC SPLICES.MINIMUM 4'' HIGHCLEAR OPENING1. A SECTION OF FILTER FABRIC SHALL BE REMOVED AS SHOWN ON THIS DETAIL TO PROVIDE A 4" MINIMUM CLEAROPENING. FABRIC MUST BE SECURED TO WIRE BACKING WITH CLIPS OR HOG RINGS ATTHIS LOCATION.20 LB. SANDBAGS @3' O.C.(SEE NOTE 1)2''X4''-W1.4XW1.4WIRE FABRIC STRUCTURE.2. INSPECTION SHALL BE MADE BY THE CONTRACTOR AND SILT ACCUMULATION MUST BE REMOVED WHEN DEPTHREACHES 2".4. INLET PROTECTIONS SHALL BE REMOVED AS SOON AS THE SOURCE OF SEDIMENT IS STABILIZED.20 LB. SANDBAGS @3' O.C.3. CONTRACTOR SHALL MONITOR THE PERFORMANCE OF INLET PROTECTION DURING EACH RAINFALL EVENT ANDIMMEDIATELY REMOVE THE INLET PROTECTIONS IF THE STORM-WATER BEGINS TO OVERTOP THE CURB.FLOWFLOWNOTES:18" MIN.OVERLAP18"18"12" MIN.SAND BAGS SHALL BE EVENLY SPACEDALONG TOP AND ALONG THE FRONT OFINLET.N.T.S.INLET OPENINGOF SAND BAGSTOPFRONT5'10'15'20'MINIMUM NUMBER2334334412"18"FILTER FABRICBARRIER AS REQUIRED.TO CHANNELIZE RUNOFF TO SEDIMENTUSE SANDBAGS, DIVERSIONSOR OTHER APPROVED METHODSNOTE:(20' RESIDENTIAL LOTS)N.T.S.DIVERSION RIDGE5' R ( M I N )50' MIN.AGGREGATEMIN. 6" THICK3"-5" COURSE SEDIMENT BARRIERWHEELS IF NECESSARY.SUPPLY WATER TO WASH (SILT FENCE TYPE SHOWN)ROADWAYEXISTING PAVEDSPILLWAYDIVERSION RIDGE REQUIREDWHERE GRADE EXCEEDS 2%15' MIN.ROADWAYEXISTING PAVED4:1COLD OR HOT MIXTRANSITIONWHEN SEDIMENT HAS SUBSTANTIALLYCLOGGED THE VOID AREA BETWEEN THEROCKS, THE AGGREGATE MAT MUST BEWASHED DOWN OR REPLACED. PERIODICRE-GRADING AND TOP DRESSING WITHADDITIONAL STONE MUST BE DONE TO KEEPTHE EFFICIENCY OF THE ENTRANCE FROMDIMINISHING.FLOWTRENCHSILT FENCE(MIN. HEIGHT24" ABOVEEXIST. GROUND)COMPACTED EARTHOR ROCK BACKFILLFABRIC TOE-IN6" MIN.STEEL FENCE POSTMAX. 6' SPACING, MIN.BACKING SUPPORT4x4-W1.4xW1.4 MINIMUMEMBEDMENT = 1'ALLOWABLE, TYP. CHAINLINK FENCE FABRIC ISACCEPTABLEWIRE MESH6" MIN.12"H1/2 H8' MAX.6" MIN.EACH SIDESILT FENCE1 1/2" FILTERSTONE6" MIN. TOP OFSTONE, EACH SIDE OF SILT FENCEN.T.S.N.T.S.FLOW4" OPENING12"18"18"18"12"18"WIRE MESHFILTER FABRICN.T.S.OPENING 3" FROM THE TOP129 CITY DETAILS C-7.1Grout Invert*EXISTING GROUND.TOP OF BOX TO BE AT SHALL BE USED.1" CURB STOPOR SLIGHTLY ABOVE (1" MAX.) WHERE TAPPING EXISTING MAINS OR PVC WATER MAINS, DOUBLE STRAPPED BRONZE OR STAINLESS STEEL SADDLES (AS SPECIFIED)8" - 10"1" TYPE "K"2 - 1" METER COUPLINGS WITH 1/8" POLYETHYLENE GASKETS (THREADED BOTH ENDS)COPPER1 - 10-3/4" x 1-1/4" O.D. GALV. PIPE SPACER1 - GALV. OR PLASTIC THREAD PROTECTOR CAPGROUND LINE3'-0"36" MIN.CURBSTOP1" CORPORATIONWATER MAIN1" QUARTER BEND COUPLING(COPPER TO MALE I.P. THREAD)NOTE: FINAL INSTALLATION IS SHOWN. AFTER THE SERVICES HAVE BEEN INSTALLED BUT PRIOR TO PLACEMENT OF METER BOXES, THE END OF EACH SERVICE SHALL BE MARKED WITH POLYETHYLENE FILM AND A 2" x 4" x 2'-6" LONG STAKE PAINTED GREEN AND WHITE. AFTER STREET CONSTRUCTION IS COMPLETED AND THE PARKWAY GRADED, THE WATER AND SEWER CONTRACTOR SHALL INSTALL A METER BOX OVER THE END OF EACH SERVICE. WATER METER BOXES WILL BE FURNISHED BY THE TOWN OF TROPHY CLUBFINISHED GRADEMIN.6"CLASS 150P.V.C. PIPE C-900BACKFILL 6" LIFTS SELECT MIN. BACKFILL COMPACTED 12" MIN.NOTES2.1.3.NO A.C. PIPE ALLOWED.CLASS 150 (DR-18) PVC.6" CUSHION SAND SIZELINE4'-0" MIN.WATER LINE SIZES 6" (INCHES) AND LESS SHALL BE C-900 CLASS 200. WATER LINE SIZES GREATER THAN 6" SHALL BE C-900ALL FLUSHING VALVES AND GATE VALVES TO BE A.W.W.A. STANDARDTRENCH WIDTH5.6.4.IN DIAMETER.RIGHT-OF-WAY AND 90% IN OTHER AREAS.CUSHION SAND MUST PASS NO. 8 SIEVE.COUNTERCLOCKWISE OPENING.COMPACT BACKFILL IN 6" LIFTS TO 95% PROCTOR DENSITY WITHINSELECT BACKFILL IS NATIVE TRENCH MATERIAL WITH NO ROCKS OVER 3"6" WATERLINEN.T.S.AND DETAILWATERLINE DEPTH11.5'5.0'4.0'PLUGS36"29"21"14"20"16"12"14"12"10"8"8"BAB54"48"30"20"27"18"41"24"16"6" MIN.22 1/2° BEND13"10"12"6"16"13"10"7"10"8"6"6"17"13"10"7"ABBASIZE90° BEND17"13"10"14"12"9"7"6"2 1/2"6"8"10"16"12"26"22"BAA45° BENDMIN. 5SK, 3000 P.S.I.6" MIN.AA18" MIN.UNDISTURBEDNATURAL GROUND45°AAB 24"20"24"22"12"27"24"12"27"21"24"19"16"14"38"35"B 24" MIN.-12" & LARGER PIPEUNDISTURBED NATURAL GROUND18" MIN.-10" & SMALLER PIPE11"16"21"16"21"12"C (SQ) D (SQ)29"18"TEESNOTE: THRUST BLOCKS AT TRENCH FACEMUST HAVE A MINIMUM BEARING SURFACEOF 10 SQ. FEET AND THE LEAST DIMEN-SION SHALL BE NO SMALLER THAN 1.5TIMES PIPE DIAMETER, BUT NOT LESSTHAN 10 FT. ALL CONCRETE SHALL BEMEGALUG REQUIRED ON ALL BENDS.PAVEMENT/FINISHED GRADEAMIN6"A12" MIN.6" MIN.PIPE O .D .12" MAX.NOTE:SHALL BE THE PIPE O.D. PLUS 24 INCHES.BA GRANULAR EMBEDMENT MATERIAL, COMPACTED TO 98% STANDARD PROCTORB NATIVE BACKFILL MATERIAL FROM TRENCH EXCAVATION, COMPACTED TO 98%ON BOTH SIDE OF THE PIPE. THE MAXIMUM TRENCH WIDTHALL EMBEDMENT MATERIAL SHALL BE THOROUGHLY COMPACTED STD. PROCTOR.REVISIONSREV NO.DATEDESCRIPTIONDRAWN BY: MLR CHECKED BY: JSDATE: 1/18/2023PROJECT NUMBER: 8484-00-8HSHEET NO.777 Main St., Suite 1900BGE, Inc.Fort Worth, TX 76102TBPE Registration No. F-1046Tel: 972-887-6130●www.bgeinc.comCopyright 2020Contact:David GreerTel: 817-872-6005CONTACT: 1-800-DIG-TESS48 HOURS PRIOR TO CONSTRUCTION!! CAUTION !!!!CAUTION !!THE ASPEN ESTATES AT TROPHY CLUB 3.370 ACRES CITY OF TROPHY CLUB DENTON COUNTY, TEXAS BGE, INC.DEVELOPER831 TROPHY, LP A CALLED 3.370 ACRES SITUATED IN J. HENRY SURVEY, ABST. NO. 529 AND R. ALLEN SURVEY ABST. NO. 17CONTRACTOR TO VERIFY EXACT LOCATION & DEPTH OFEXIST FACILITIES PRIOR TO ANY CONSTRUCTIONACTIVITIES13101 Preston Rd., Ste 510BECK VENTURESContact:Yochoua ArrouasDirector of Operations & DevelopmentTel: 214-556-4620 (Office)Tel: 979-574-5523 (Cell)Dallas, Texas 75240139564BGE, Inc.F-10461/18/2023130 CITY DETAILS C-7.2 @ 10' ON CENTER BOTH WAYS4"x4"x3/8"x10' ANGLE IRON DRIVEN IN GROUND 1'10'15'6" ROCK10' x15' wide, 6" rock fill 1' thick totally enclosed with #9 twisted wire ties@ 18" centers (tie top wire to bottom wire)ALIGN 24" C.I. RING &COVER OVER PIPEOUTLET(SEE BELOW)// 3/8 " o REINF. BARS 3/8 " o REINF. BARS12" c-c (REAR FACE REAR WALL)18" c-c (FRONT FACE REAR WALL)8"C.I. COVER18" c-c (FRONT FACE FRONT WALL)6"/16'-0"NATURAL GUTTER GRADE1- 3/8 " o BAR x 15'-9" 3/8 " o REINF. BARS/24"2"8"C.I. COVER12"8"CONNECT24" CHAIN,NO SWIVELCOVERS SHALLHAVE 1/2" TO5/8" PICK BARS,NO HOLESALLOWED./-/- 5 ' - 1 1 / 2 " + R . VAR I ES 7" VAR. 2'-0" + 6"TO INLETFROM COVERA/6"END OF INLET THAT IS TO BE NEAR CORNERUSE 5'-5" BARS WHEN CONNECTING TO PAVEMENTUSE 3'-2" BARS WHEN NOT CONNECTING TO PAVEMENT 3/8 " o CURB AND GUTTER BARS @ 22" c-cADD 5.92 LBS. STEEL WHEN CONNECTING TO PAVEMENT12"PLAN 1/2 "o BAR x 1 1'-0"2- 1/2 "o BARS x 15'-9" 3/8" Ø REINF. BARS6"6"5'-0" 3/4"CHAMFER5"TOP GUTTER @ OUTSIDE EDGEFLOW LINE OF GUTTER6"2"5 1/2 " 3/4"CHAMFER2"5'-0"6"10'-0" OPENINGPAY LIMIT OF INLETTOP OF CURBSECTION B-BYHH1'-6"2'-6"12"6"6"12"8"WYFor 21", 24"RCPFor 27", 30" & 36"RCP5'-9 3/4"9'-3 1/2"For 12", 15", 18"RCP4'-7/8"WX12"6"12"6"6"XYW8"HX3'-0"4'-0"4'-8"3'-6"HW30HW24All edges chamfered 3/4".2'-6"2'-11"HW18BROOKS CH-11 HEADWALLS:3'-0"5'-0"meet Texas Highway Department standards.Concrete and steel specifications designed to2'-0"NEENAHR-3262-3CURB OPENINGR-3262-3NEENAHEXIST. GUTTER4" PVC @ 1.0% MIN. SLOPEEXISTING GRADER.O.W. LINECONCRETE COLLAR1" MIN.6"MONOLITHICCURBINSTALL WITH FLOWLINE FLUSH W/ GUTTEREXIST. DRAINLINECONNECT TOEXIST. DRAIN1'10'4:1 to nat. grd.4:1 to nat. grd.4'Ditch detail A-ASwale detail B-BVaries1.7Qcap = 465 cfsV = 7.4 fpsQcap=15 cfsv=3 fpsGrade = 0.93%grade=1.18%Line A-AQact = 85.3 cfsVact = 4.8 fpsREVISIONSREV NO.DATEDESCRIPTIONDRAWN BY: MLR CHECKED BY: JSDATE: 1/18/2023PROJECT NUMBER: 8484-00-8HSHEET NO.777 Main St., Suite 1900BGE, Inc.Fort Worth, TX 76102TBPE Registration No. F-1046Tel: 972-887-6130●www.bgeinc.comCopyright 2020Contact:David GreerTel: 817-872-6005CONTACT: 1-800-DIG-TESS48 HOURS PRIOR TO CONSTRUCTION!! CAUTION !!!!CAUTION !!THE ASPEN ESTATES AT TROPHY CLUB 3.370 ACRES CITY OF TROPHY CLUB DENTON COUNTY, TEXAS BGE, INC.DEVELOPER831 TROPHY, LP A CALLED 3.370 ACRES SITUATED IN J. HENRY SURVEY, ABST. NO. 529 AND R. ALLEN SURVEY ABST. NO. 17CONTRACTOR TO VERIFY EXACT LOCATION & DEPTH OFEXIST FACILITIES PRIOR TO ANY CONSTRUCTIONACTIVITIES13101 Preston Rd., Ste 510BECK VENTURESContact:Yochoua ArrouasDirector of Operations & DevelopmentTel: 214-556-4620 (Office)Tel: 979-574-5523 (Cell)Dallas, Texas 75240139564BGE, Inc.F-10461/18/2023131 TROPHY CLUB DRIVEMO S S M A N L A N E112923.09 SF715713.78 SF612966.35 SF517989.90 SF220761.55 SF412311.88 SF316654.94 SFASPEN DRIVE(50' ROW)EXISTING CAPPED WELLHEADSWELL: 801H API: 12132474WELL: 802H API: 12132662WELL: 803H API: 12132663STREET LIGHT4'12'6.5'1'℄℄ R.O.W. CURB0.5'2'REVISIONSREV NO.DATEDESCRIPTIONDRAWN BY: MLR CHECKED BY: JSDATE: 1/18/2023PROJECT NUMBER: 8484-00-8HSHEET NO.777 Main St., Suite 1900BGE, Inc.Fort Worth, TX 76102TBPE Registration No. F-1046Tel: 972-887-6130●www.bgeinc.comCopyright 2020Contact:David GreerTel: 817-872-6005CONTACT: 1-800-DIG-TESS48 HOURS PRIOR TO CONSTRUCTION!! CAUTION !!!!CAUTION !!THE ASPEN ESTATES AT TROPHY CLUB 3.370 ACRES CITY OF TROPHY CLUB DENTON COUNTY, TEXAS BGE, INC.DEVELOPER831 TROPHY, LP A CALLED 3.370 ACRES SITUATED IN J. HENRY SURVEY, ABST. NO. 529 AND R. ALLEN SURVEY ABST. NO. 17R(@ least 48 hours prior to digging)Call before you dig. Know what's below.BENCHMARKSCONTRACTOR TO VERIFY EXACT LOCATION & DEPTH OFEXIST FACILITIES PRIOR TO ANY CONSTRUCTIONACTIVITIESBM#1"X" CUT IN SIDEWALK AT THE NORTHWEST CORNER OFTROPHY CLUB DRIVE AND MOSSMAN LANE, ±38 FEETFROM CENTERLINE OF MOSSMAN LANE AND ±35 FEETFROM MEDIAN OF TROPHY CLUB DRIVENORTHING=7054521.88EASTING=2367562.32ELEV=595.933BM#2"X" CUT ON INLET ALONG NORTH SIDE OF TROPHY CLUBDRIVE, ±400 FEET EAST OF THE CENTER LINE OF BOBCATBLVD. AND ±48 FEET NORTH OF THE SOUTH CURBLINE INTHE MEDIAN OF TROPHY CLUB DRIVENORTHING=7054405.44EASTING=2367076.66ELEV=596.540BM#3"X" CUT ON INLET ALONG NORTH SIDE OF TROPHY CLUBDRIVE ±147 FEET EAST OF THE CENTER LINE OF BOBCATBLVD. AND ±47 FEET NORTH OF THE SOUTH CURBLINE INTHE MEDIAN OF TROPHY CLUB DRIVENORTHING=7054265.69EASTING=2366861.77ELEV=596.85013101 Preston Rd., Ste 510BECK VENTURESContact:Yochoua ArrouasDirector of Operations & DevelopmentTel: 214-556-4620 (Office)Tel: 979-574-5523 (Cell)Dallas, Texas 75240139564BGE, Inc.F-10461/18/2023TYPICAL STREET LIGHT SECTION NOT TO SCALESTREET LIGHT PLAN C-8.1030'60'15'SCALE: 1" = 30'NOTES:STREET LIGHT TO MEET STANDARD TOWN OFTROPHY CLUB STREET LIGHT DETAILS PERCHAPTER 10, SECTION 10-40 IN THE TOWN OFTROPHY CLUB SUBDIVISION REGULATIONS.LEGENDSTREET LIGHT LOCATION132 PROJECT:GAS WELL HOME DEVELOPMENT SITES LOCATION:TROPHY CLUB, TEXAS BID DATE:10.3.22 CONTACT:ADAM BERNARD EMAIL:ADAMB@NTEXCON.COM Item Description No.Qty Unit BREAKDOWN OF PERMANENT PUBLIC IMPROVEMENTS 8H - ASPEN HEIGHTS STORM 24" CL-III RCP (T&G)84 LF 10" CURB INLET 1 EA WATER 8" DR-18 WATER LINE 501 LF 6" DR-18 WATER LINE 4 LF 6" GATE VALVE 1 EA 8" GATE VALVE 2 EA FIRE HYDRANT 1 EA 1" DOMESTIC SERVICE 7 EA 12" X 8" TAPPING SLEEVE 1 EA SANITARY 8" SDR-26 SANITARY PIPE 168 LF 8" SDR-35 SANITARY PIPE 247 LF 4' DIA MANHOLE 3 EA 4" DOMESTIC SERVICE W/ CLEANOUT 7 EA CONCRETE 6" 4000 PSI PAVING 1786 SY 4" 3000 PSI SIDEWALK 748 SF TOTAL:198,753.00$ NORTH TEXAS CONTRACTING, INC. Bid Bid Unit Amount 0.00 0.00 0.00 0.00 0.00 0.00 85.00 7,140.00 4,500.00 4,500.00 0.00 0.00 0.00 0.00 60.00 30,060.00 55.00 220.00 1,850.00 1,850.00 2,100.00 4,200.00 4,000.00 4,000.00 500.00 3,500.00 3,000.00 3,000.00 0.00 0.00 50.00 8,400.00 45.00 11,115.00 4,500.00 13,500.00 650.00 4,550.00 0.00 0.00 55.00 98,230.00 6.00 4,488.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 133 TC Parcel 7H & 8H - Parkland Dedication & Public Work Inspection Fees 8H - Aspen Estates 7H - Falcon Estates Total Parkland Dedication 28,601.54$ 36,773.41$ 65,374.95$ Public Work Contract Amount *198,753.00$ 190,013.00$ 388,766.00$ Public Work Inspection Fee (5%)9,937.65$ 9,500.65$ 19,438.30$ * 2 Year Maintenance Bond will be provided to Town of TC 134 135 136 137 138 Page 1 of 2 To: Mayor and Town Council From: Patrick Arata, Police Chief CC: Wade Carroll., Town Manager Anita Otterson, Town Secretary Re: Annual Racial Profiling Report Town Council Meeting, February 14, 2023 Agenda Item: Receive the Annual Racial Profiling Report; discussion of same (P. Arata). Strategic Link: Safety & Security Achieve exceeding high standards for public safety and low crime rate. Background and Explanation: This annual report is for Calendar Year 2022. The report was prepared and filed with the State by Del Carman Consulting. The attached Compliance Audit, Racial Profiling Report, for the Trophy Club Police Department was completed with the information provided from the Denton County Dispatch System and the new Tyler Brazos ticket writer system. This is the Tier 2, State Racial Profiling Report, required for submission to the Texas Commission on law enforcement (TCOLE) no later than March 1, 2023. Financial Considerations: Not applicable. Legal Review: The Town Attorney has reviewed this item and concurs with the staff recommendation. Board/Commission/ or Committee Recommendation: Not applicable. Staff Recommendation: Staff recommends Council approval of the 2022 Annual Racial Profiling Report. Attachments: 139 Page 2 of 2 •Annual Racial Profiling Report Town Council Approval: •Mayor Alicia L. Fleury or designee 140 2022 Racial Profiling Report T r o p h y C l u b P o l i c e D e p a r t m e n t 141 1 "Dr. Alex del Carmen's work on racial profiling exemplifies the very best of the Sandra Bland Act, named after my daughter. My daughter's pledge to fight for injustice is best represented in the high quality of Dr. del Carmen's reports which include, as required by law, the data analysis, audits, findings and recommendations. I commend the agencies that work with him as it is clear that they have embraced transparency and adherence to the law." -Quote by Geneva Reed (M other of Sandra Bland) 142 January 26, 2023 Trophy Club City Council 1 Trophy Wood Drive Trophy Club, TX 76262 This report consists of three sections with information on motor vehicle-related contacts. In addition, when appropriate, documentation is included which demonstrates the manner in which the Trophy Club Police Department has complied with the Texas Racial Profiling Law. In section one, you will find the table of contents. Section two documents compliance by the Trophy Club Police Department relevant to the requirements established in the Texas Racial Profiling Law. That is, you will find documents relevant to the training of all police personnel on racial profiling prevention and the institutionalization of the compliment and complaint processes, as required by law. Finally, section three contains statistical data relevant to contacts (as defined by the law) which were made during the course of motor vehicle stops that took place between 1/1/22 and 12/31/22. Further, this section contains the Tier 2 form, which is required to be submitted to this particular organization and the law enforcement agency?s local governing authority by March 1 of each year. The data in this report has been analyzed and compared to information derived from the U.S. Census Bureau?s Fair Roads Standard. The final analysis and recommendations are also included in this report. The last section of the report includes the original draft of the Texas Racial Profiling Law, SB1074, as well as the Sandra Bland Act (current law). Also in this section, a list of requirements relevant to the Racial Profiling Law, as established by TCOLE (Texas Commission on Law Enforcement), is included. The findings in this report support the Trophy Club Police Department?s commitment to comply with the Texas Racial Profiling Law. Sincerely, Alex del Carmen, Ph.D. 2 Dear Distinguished Members of the City Council, In 2001 the Texas Legislature, with the intent of addressing the issue of racial profiling in policing, enacted the Texas Racial Profiling Law. During the last calendar year, the Trophy Club Police Department, in accordance with the law, has collected and reported traffic and motor vehicle related contact data for the purpose of identifying and addressing (if necessary) areas of concern regarding racial profiling practices. In the 2009 Texas legislative session, the Racial Profiling Law was modified and additional requirements were implemented. Further, in 2017 the Sandra Bland Act was passed and signed into law (along with HB 3051, which introduced new racial and ethnic designations). The Sandra Bland Law currently requires that law enforcement agencies in the state collect additional data and provide a more detailed analysis. All of these requirements have been met by the Trophy Club Police Department and are included in this report. 143 Lorem ipsum dolor sit amet consetetur sadipscing elitr. Table of Contents Introduction Letter to Council Members 2 Table of Contents 3 Responding to the Law Public Education on Filing Compliments and Complaints 4 Racial Profiling Course Number 3256 5 Reports on Compliments and Racial Profiling Complaints 11 Tier 2 Data (Includes tables)13 Analysis and Interpretation of Data Tier 2 Motor Vehicle-Related Contact Analysis 23 Comparative Analysis 24 Summary of Findings 26 Checklist 27 Legislative and Administrative Addendum TCOLE Guidelines 29 The Texas Law on Racial Profiling 34 Modifications to the Original Law 41 Racial and Ethnic Designations 49 The Sandra Bland Act 50 Trophy Club Police Department Racial Profiling Policy 65 3 144 Public Education on Responding to Compliments and Complaints Informing the Public on the Process of Filing a Compliment or Complaint with the Trophy Club Police Department The Texas Racial Profiling Law requires that police agencies provide information to the public regarding the manner in which to file a compliment or racial profiling complaint. In an effort to comply with this particular component, the Trophy Club Police Department launched an educational campaign aimed at informing the public on issues relevant to the racial profiling complaint process. The police department made available, in the lobby area and on its web site, information relevant to filing a compliment and complaint on a racial profiling violation by a Trophy Club Police Officer. In addition, each time an officer issues a citation, ticket or warning, information on how to file a compliment or complaint is given to the individual cited. This information is in the form of a web address (including in the document issued to the citizen), which has instructions and details specifics related to the compliment or complaint processes. It is believed that through these efforts, the community has been properly informed of the new policies and the complaint processes relevant to racial profiling. All Trophy Club Police Officers have been instructed, as specified in the Texas Racial Profiling Law, to adhere to all Texas Commission on Law Enforcement (TCOLE) training and the Law Enforcement Management Institute of Texas (LEMIT) requirements. To date, all sworn officers of the Trophy Club Police Department have completed the TCOLE basic training on racial profiling. The main outline used to train the officers of Trophy Club has been included in this report. It is important to recognize that the Chief of the Trophy Club Police Department has also met the training requirements, as specified by the Texas Racial Profiling Law, in the completion of the LEMIT program on racial profiling. The satisfactory completion of the racial profiling training by the sworn personnel of the Trophy Club Police Department fulfills the training requirement as specified in the Education Code (96.641) of the Texas Racial Profiling Law. 4 145 Racial Profiling 3256 Instructor's Note: You may wish to teach this course in conjunction with Asset Forfeiture 3255 because of the related subject matter and applicability of the courses. If this course is taught in conjunction with Asset Forfeiture, you may report it under Combined Profiling and Forfeiture 3257 to reduce data entry. Abstract This instructor guide is designed to meet the educational requirement for racial profiling established by legislative mandate: 77R-SB1074. Target Population: Licensed law enforcement personnel in Texas Prerequisites: Experience as a law enforcement officer Length of Course: A suggested instructional time of 4 hours Material Requirements: Overhead projector, chalkboard and/or flip charts, video tape player, handouts, practical exercises, and demonstrations Instructor Qualifications: Instructors should be very knowledgeable about traffic stop procedures and law enforcement issues Evaluation Process and Procedures An examination should be given. The instructor may decide upon the nature and content of the examination. It must, however, sufficiently demonstrate the mastery of the subject content by the student. Reference Materials Reference materials are located at the end of the course. An electronic copy of this instructor guide may be downloaded from our web site at http://www.tcleose.state.tx.us. Racial Profiling Course 3256 Texas Commission on Law Enforcement September 2001 5 146 Lorem ipsum dolor sit amet consetetur sadipscing elitr. Lorem ipsum dolor sit amet consetetur sadipscing elitr. Racial Profiling 3256 1.0 RACIAL PROFILING AND THE LAW 1.1 UNIT GOAL: The student will be able to identify the legal aspects of racial profiling. 1.1.1 LEARNING OBJECTIVE: The student will be able to identify the legislative requirements placed upon peace officers and law enforcement agencies regarding racial profiling. Racial Profiling Requirements: Racial profiling CCP 3.05 Racial profiling prohibited CCP 2.131 Law enforcement policy on racial profiling CCP 2.132 Reports required for traffic and pedestrian stops CCP 2.133 Liability CCP 2.136 Racial profiling education for police chiefs Education Code 96.641 Training program Occupations Code 1701.253 Training required for intermediate certificate Occupations Code 1701.402 Definition of "race or ethnicity" for form Transportation Code 543.202 A. Written departmental policies 1. Definition of what constitutes racial profiling 2. Prohibition of racial profiling 3. Complaint process 4. Public education 5. Corrective action 6. Collection of traffic-stop statistics 7. Annual reports B. Not prima facie evidence C. Feasibility of use of video equipment D. Data does not identify officer E. Copy of complaint-related video evidence to officer in question F. Vehicle stop repor t 1. Physical description of detainees: gender, race or ethnicity 2. Alleged violation 3. Consent to search 4. Contraband 5. Facts supporting probable cause 6. Arrest 7. Warning or citation issued G. Compilation and analysis of data H.Exemption from reporting ? audio/video equipment I. Officer non-liability J. Funding K. Required training in racial profiling 1. Police chiefs 2. All holders of intermediate certificates and/or two-year-old licenses as of 09/01/2001 (training to be completed no later than 09/01/2003) ? see legislation 77R-SB1074 6 147 1.1.2 LEARNING OBJECTIVE: The student will become familiar with Supreme Court decisions and other court decisions involving appropriate actions in traffic stops. A. Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769 (1996) 1. Motor vehicle search exemption 2. Traffic violation acceptable as pretext for further investigation 3. Selective enforcement can be challenged B. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968) 1. Stop & Frisk doctrine 2. Stopping and briefly detaining a person 3. Frisk and pat down C. Other cases 1. Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330 (1977) 2. Maryland v. Wilson, 117 S.Ct. 882 (1997) 3. Graham v. State, 119 MdApp 444, 705 A.2d 82 (1998) 4. Pryor v. State, 122 Md.App. 671 (1997) cert. denied 352 Md. 312, 721 A.2d 990 (1998) 5. Ferris v. State, 355 Md. 356, 735 A.2d 491 (1999) 6. New York v. Belton, 453 U.S. 454 (1981) 7 148 2.0 RACIAL PROFILING AND THE COMMUNITY 2.1 UNIT GOAL: The student will be able to identify logical and social arguments against racial profiling. 2.1.1 LEARNING OBJECTIVE: The student will be able to identify logical and social arguments against racial profiling. A. There are appropriate reasons for unusual traffic stops (suspicious behavior, the officer's intuition, MOs, etc.), but police work must stop short of cultural stereotyping and racism. B. Racial profiling would result in criminal arrests, but only because it would target all members of a race randomly ? the minor benefits would be far outweighed by the distrust and anger towards law enforcement by minorities and the public as a whole . C. Racial profiling is self-fulfilling bad logic: if you believed that minorities committed more crimes, then you might look for more minority criminals, and find them in disproportionate numbers. D. Inappropriate traffic stops generate suspicion and antagonism towards officers and make future stops more volatile ? a racially-based stop today can throw suspicion on tomorrow's legitimate stop. E. By focusing on race, you would not only be harassing innocent citizens, but overlooking criminals of all races and backgrounds ? it is a waste of law enforcement resources. 8 149 3.0 RACIAL PROFILING VERSUS REASONABLE SUSPICION 3.1 UNIT GOAL: The student will be able to identify the elements of both inappropriate and appropriate traffic stops. 3.1.1 LEARNING OBJECTIVE: The student will be able to identify elements of a racially motivated traffic stop. A. Most race-based complaints come from vehicle stops, often since race is used as an inappropriate substitute for drug courier profile elements B. "DWB" ? "Driving While Black" ? a nickname for the public perception that a Black person may be stopped solely because of their race (especially with the suspicion that they are a drug courier), often extended to other minority groups or activities as well ("Driving While Brown," "Flying While Black," etc.) C. A typical traffic stop resulting from racial profiling 1. The vehicle is stopped on the basis of a minor or contrived traffic violation which is used as a pretext for closer inspection of the vehicle, driver, and passengers 2. The driver and passengers are questioned about things that do not relate to the traffic violation 3. The driver and passengers are ordered out of the vehicle 4. The officers visually check all observable parts of the vehicle 5. The officers proceed on the assumption that drug courier work is involved by detaining the driver and passengers by the roadside 6. The driver is asked to consent to a vehicle search ? if the driver refuses, the officers use other procedures (waiting on a canine unit, criminal record checks, license-plate checks, etc.), and intimidate the driver (with the threat of detaining him/her, obtaining a warrant, etc.) 9 150 3.1.2 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which would constitute reasonable suspicion of drug courier activity. A. Drug courier profile (adapted from a profile developed by the DEA) 1. Driver is nervous or anxious beyond the ordinary anxiety and cultural communication styles 2. Signs of long-term driving (driver is unshaven, has empty food containers, etc.) 3. Vehicle is rented 4. Driver is a young male, 20-35 5. No visible luggage, even though driver is traveling 6. Driver was over-reckless or over-cautious in driving and responding to signals 7. Use of air fresheners B. Drug courier activity indicators by themselves are usually not sufficient to justify a stop 3.1.3 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which could constitute reasonable suspicion of criminal activity. A. Thinking about the totality of circumstances in a vehicle stop B. Vehicle exterior 1. Non-standard repainting (esp. on a new vehicle) 2. Signs of hidden cargo (heavy weight in trunk, windows do not roll down, etc.) 3. Unusual license plate suggesting a switch (dirty plate, bugs on back plate, etc.) 4. Unusual circumstances (pulling a camper at night, kids' bikes with no kids, etc.) C. Pre-stop indicators 1. Not consistent with traffic flow 2. Driver is overly cautious, or driver/passengers repeatedly look at police car 3. Driver begins using a car- or cell-phone when signaled to stop 4. Unusual pull-over behavior (ignores signals, hesitates, pulls onto new street, moves objects in car, etc.) D. Vehicle interior 1. Rear seat or interior panels have been opened, there are tools or spare tire, etc. 2. Inconsistent items (anti-theft club with a rental, unexpected luggage, etc.) Resources Proactive Field Stops Training Unit ? Instructor's Guide, Maryland Police and Correctional Training Commissions, 2001. (See Appendix A.) Web address for legislation 77R-SB1074: http://tlo2.tlc.state.tx.us/tlo/77r/billtext/SB01074F.htm 10 151 11 Report on Compliments and Racial Profiling Complaints 152 -Quote Author Report on Complaints The following table contains data regarding officers that have been the subject of a complaint, during the time period of 1/1/22-12/31/22 based on allegations outlining possible violations related to the Texas Racial Profiling Law. The final disposition of the case is also included. A check above indicates that the Trophy Club Police Department has not received any complaints, on any members of its police services, for having violated the Texas Racial Profiling Law during the time period of 1/1/22-12/31/22. Complaints Filed for Possible Violations of The Texas Racial Profiling Law Complaint Number Alleged Violation Disposition of the Case Additional Comments: 12 153 Title Goes H er e 555-555-5555 1234 5th Ave. NYC, NY 00000 13 Male Total: 2,384TOTAL STOPS: 3,913 RACE OR ETHNICITY Alaska Native/American Indian 32 Asian/Pacific Islander 235 Black 443 White 2,717 Hispanic/Latino 486 WAS RACE OR ETHNICITY KNOWN PRIOR TO STOP? Yes 55 No 3,858 STREET ADDRESS OR APPROXIMATE LOCATION OF STOP. City Street 3,894 US Highway 4 State Highway 1 County Road 2 Private Property 12 GENDER Female Total: 1,529 Alaska Native/American Indian 10 Asian/Pacific Islander 87 Black 161 White 1,136 Hispanic/Latino 135 Alaska Native/American Indian 22 Asian/Pacific Islander 148 Black 282 White 1,581 Hispanic/Latino 351 REASON FOR STOP? Violation of Law Total: 70 Alaska Native/American Indian 1 Asian/Pacific Islander 4 Black 10 White 39 Hispanic/Latino 16 Pre-existing Knowledge Total: 29 Alaska Native/American Indian 0 Asian/Pacific Islander 1 Black 2 White 22 Hispanic/Latino 4 Moving Traffic Violation Total: 2,943 Alaska Native/American Indian 26 Asian/Pacific Islander 181 Black 327 White 2,066 Hispanic/Latino 343 Tables Illustrating Motor Vehicle-Related Contacts TIER 2 DATA 154 14 Vehicle Traffic Violation Total: 871 Alaska Native/American Indian 5 Asian/Pacific Islander 49 Black 104 White 590 Hispanic/Latino 123 WAS SEARCH CONDUCTED? REASON FOR SEARCH? Consent Total: 5 Alaska Native/American Indian 0 Asian/Pacific Islander 1 Black 0 White 3 Hispanic/Latino 1 Contraband (in plain view) Total: 2 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 1 White 1 Hispanic/Latino 0 Probable Cause Total: 66 Alaska Native/American Indian 0 Asian/Pacific Islander 2 Black 25 White 28 Hispanic/Latino 11 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 2 Hispanic/Latino 0 Incident to Arrest Total : 9 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 2 White 6 Hispanic/Latino 1 YES NO Alaska Native/American Indian 0 32 Asian/Pacific Islander 3 232 Black 28 415 White 40 2,677 Hispanic/Latino 13 473 TOTAL 84 3,829 Inventory Total: 2 TIER 2 DATA 155 WAS CONTRABAND DISCOVERED? Did the finding result in arrest? YES NO Alaska Native/American Indian 0 0 Asian/Pacific Islander 0 2 Black 7 16 White 13 17 Hispanic/Latino 2 7 TOTAL 22 42 DESCRIPTION OF CONTRABAND Drugs Total: 46 Alaska Native/American Indian 0 Asian/Pacific Islander 2 Black 18 White 20 Hispanic/Latino 6 Currency Total: 0 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 0 Hispanic/Latino 0 Weapons Total: 1 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 1 Hispanic/Latino 0 Alcohol Total: 7 Alaska Native/American Indian 0 Asian/Pacific Islander 1 Black 2 White 3 Hispanic/Latino 1 YES NO Alaska Native/American Indian 0 0 Asian/Pacific Islander 2 1 Black 23 5 White 30 10 Hispanic/Latino 9 4 TOTAL 64 20 15 TIER 2 DATA 156 Stolen Property Total: 0 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 0 Hispanic/Latino 0 Other Total: 14 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 5 White 7 Hispanic/Latino 2 RESULT OF THE STOP Verbal Warning Total: 2,082 Alaska Native/American Indian 10 Asian/Pacific Islander 123 Black 208 White 1,512 Hispanic/Latino 229 Written Warning Total: 476 Alaska Native/American Indian 5 Asian/Pacific Islander 22 Black 52 White 347 Hispanic/Latino 50 Citation Total: 1,315 Alaska Native/American Indian 17 Asian/Pacific Islander 90 Black 177 White 831 Hispanic/Latino 200 Written Warning and Arrest Total: 0 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 0 Hispanic/Latino 0 Citation and Arrest Total: 1 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 0 Hispanic/Latino 1 Arrest Total: 39 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 6 White 27 Hispanic/Latino 6 TIER 2 DATA 16 TIER 2 DATA 157 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 4 White 24 Hispanic/Latino 2 Violation of Penal Code Total: 30 ARREST BASED ON Violation of Traffic Law Total: 1 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 0 Hispanic/Latino 1 Violation of City Ordinance Total: 0 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 0 Hispanic/Latino 0 Outstanding Warrant Total: 9 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 2 White 4 Hispanic/Latino 3 Was physical force used resulting in bodily injury during the stop? YES NO Alaska Native/American Indian 0 32 Asian/Pacific Islander 0 235 Black 0 443 White 0 2,717 Hispanic/Latino 0 486 TOTAL 0 3,913 17 TIER 2 DATA 158 18 Table 1. Citations and Warnings Race/ Ethnicity All Contacts Citations Verbal Warning Written Warning Contact Percent Citation Percent Verbal Percent Written Percent Alaska Native/ American Indian 32 17 10 5 1%1%0%1% Asian/ Pacific Islander 235 90 123 22 6%7%6%5% Black 443 177 208 52 11%13%10%11% White 2,717 831 1,512 347 69%63%73%73% Hispanic/ Latino 486 201 229 50 12%15%11%11% TOTAL 3,913 1,316 2,082 476 100%100%100%100% Tables Illustrating Motor Vehicle Related Contact Data 18 159 Race/Ethnicity Contact Percentage Households with Vehicle Access Alaska Native/American Indian 1%1% Asian/Pacific Islander 6%5% Black 11%15% White 69%60% Hispanic/Latino 12%19% TOTAL 100%100% Table 2. Motor Vehicle Contacts and Fair Roads Standard Comparison Comparison of motor vehicle-related contacts with households that have vehicle access. Table 3. Motor Vehicle Searches and Arrests. Race/Ethnicity Searches Consent Searches Arrests Alaska Native/American Indian 0 0 0 Asian/Pacific Islander 3 1 0 Black 28 0 6 White 40 3 27 Hispanic/Latino 13 1 7 TOTAL 84 5 40 19 160 Table 4. Instances Where Peace Officers Used Physical Force Resulting in Bodily Injury Instances Where Peace Officers Used Physical Force that Resulted in Bodily Injury Arrest Location of Stop Reason for Stop Table 5. Search Data Race/ Ethnicity Searches Contraband Found Yes Contraband Found No Arrests Percent Searches Percent Contraband Found Percent No Contraband Percent Arrest Alaska Native/ American Indian 0 0 0 0 0%0%0%0% Asian/ Pacific Islander 3 2 1 0 4%3%5%0% Black 28 23 5 6 33%36%25%15% White 40 30 10 27 48%47%50%68% Hispanic/ Latino 13 9 4 7 15%14%20%18% TOTAL 84 64 20 40 100%100%100%100% 20 161 Table 6. Report on Audits. The following table contains data regarding the number and outcome of required data audits during the period of 1/1/22-12/31/22. Number of Data Audits Completed Date of Completion Outcome of Audit 1 03/01/22 Data was valid and reliable 2 06/01/22 Data was valid and reliable 3 09/01/22 Data was valid and reliable 4 12/01/22 Data was valid and reliable ADDITIONAL COMMENTS: Race/Ethnicity Number Percent Alaska Native/American Indian 0 0% Asian/Pacific Islander 0 0% Black 0 0% White 0 0% Hispanic/Latino 0 0% TOTAL 0 0% Table 7. Instance Where Force Resulted in Bodily Injury. 21 162 Table 9. Contraband Hit Rate Table 8. Reason for Arrests from Vehicle Contact Race/ Ethnicity Violation of Penal Code Violation of Traffic Law Violation of City Ordinance Outstanding Warrant Percent Penal Code Percent Traffic Law Percent City Ordinance Percent Warrant Alaska Native/ American Indian 0 0 0 0 0%0%0%0% Asian/ Pacific Islander 0 0 0 0 0%0%0%0% Black 4 0 0 2 13%0%0%22% White 24 0 0 4 80%0%0%44% Hispanic/ Latino 2 1 0 3 7%100%0%33% TOTAL 30 1 0 9 100%100%0%100% Race/ Ethnicity Searches Contraband Found Yes Contraband Hit Rate Search Percent Contraband Percent Alaska Native/ American Indian 0 0 0%0%0% Asian/ Pacific Islander 3 2 67%4%3% Black 28 23 82%33%36% White 40 30 75%48%47% Hispanic/Latino 13 9 69 15%14% 22 163 In 2001, the Texas Legislature passed Senate Bill 1074, which eventually became the Texas Racial Profiling Law. This particular law came into effect on January 1, 2002 and required all police departments in Texas to collect traffic-related data and report this information to their local governing authority by March 1 of each year. This law remained in place until 2009, when it was modified to include the collection and reporting of all motor vehicle-related contacts in which a citation was issued or an arrest was made. Further, the modification to the law further requires that all police officers indicate whether or not they knew the race or ethnicity of the individuals before detaining them. In addition, it became a requirement that agencies report motor vehicle-related data to their local governing authority and to the Texas Commission on Law Enforcement (TCOLE) by March 1 of each year. The purpose in collecting and disclosing this information is to determine if police officers in any particular municipality are engaging in the practice of racially profiling minority motorists. One of the central requirements of the law is that police departments interpret motor vehicle-related data. Even though most researchers would likely agree that it is within the confines of good practice for police departments to be accountable to the citizenry while carrying a transparent image before the community, it is in fact very difficult to determine if individual police officers are engaging in racial profiling from a review and analysis of aggregate/institutional data. In other words, it is challenging for a reputable researcher to identify specific ?individual? racist behavior from aggregate-level ?institutional? data on traffic or motor vehicle-related contacts. As previously noted, in 2009 the Texas Legislature passed House Bill 3389, which modified the Racial Profiling Law by adding new requirements; this took effect on January 1, 2010. The changes included, but are not limited to, the re-definition of a contact to include motor vehicle-related contacts in which a citation was issued or an arrest was made. In addition, it required police officers to indicate if they knew the race or ethnicity of the individual before detaining them. The 2009 law also required adding "Middle Eastern" to the racial and ethnic category and submitting the annual data report to TCOLE before March 1 of each year. Analysis and Interpretation of Data 23 164 More recently, in 2017 the Texas Legislators passed HB 3051 which removed the Middle Eastern data requirement while standardizing the racial and ethnic categories relevant to the individuals that came in contact with police. In addition, the Sandra Bland Act (SB 1849) was passed and became law. Thus, the most significant legislative mandate (Sandra Bland Act) in Texas history regarding data requirements on law enforcement contacts became law and took effect on January 1, 2018. The Sandra Bland Act not only currently requires the extensive collection of data relevant to police motor vehicle contacts, but it also mandates for the data to be analyzed while addressing the following: 1. A comparative analysis of the information compiled (under Article 2.133): a. Evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; b. Examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; c. Evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches. 2. Information related to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. As part of their effort to comply with The Texas Racial Profiling/Sandra Bland Law, the Trophy Club Police Department commissioned the analysis of its 2022 contact data. Hence, two different types of data analyses were performed. The first of these involved a careful evaluation of the 2022 motor vehicle-related data. This particular analysis measured, as required by the law, the number and percentage of Whites, Blacks, Hispanics or Latinos, Asians and Pacific Islanders, Alaska Natives and American Indians (Middle Easterners and individuals belonging to the ?other? category, as optional categories), who came in contact with police in the course of a motor vehicle-related contact and were either issued a ticket, citation, or warning or an arrest was made. Also included in this data were instances when a motor vehicle contact took place for an alleged violation of the law or ordinance. The Tier 2 data analysis included, but was not limited to, information relevant to the number and percentage of contacts by race/ethnicity, gender, reason for the stop, location of stop, searches while indicating the type of search performed, result of stop, basis of an arrest, and use of physical force resulting in bodily injury. The additional data analysis performed was based on a comparison of the 2022 motor vehicle contact data with a specific baseline. When reading this particular analysis, one should consider that there is disagreement in the literature regarding the appropriate baseline to be used when analyzing motor vehicle-related contact information. Of the baseline measures available, the Trophy Club Police Department accepted our recommendation to rely, as a baseline measure, on the Fair Roads Standard. This particular baseline is established on data obtained through the U.S. Census Bureau (2020) relevant to the number of households that have access to vehicles while controlling for the race and ethnicity of the heads of households. 24 165 It should be noted that the census data presents challenges to any effort made at establishing a fair and accurate racial profiling analysis. That is, census data contains information on all residents of a particular community, regardless whether they are among the driving population. Further, census data, when used as a baseline of comparison, presents the challenge that it captures information related to city residents only, thus excluding individuals who may have come in contact with the Trophy Club Police Department in 2022 but live outside city limits. In some jurisdictions the percentage of the population that comes in contact with the police but lives outside city limits represents a substantial volume of all motor vehicle-related contacts made in a given year. In 2002, some civil rights groups in Texas expressed their concern and made recommendations to the effect that all police departments should rely, in their data analysis, on the Fair Roads Standard. This source contains census data specific to the number of ?households? that have access to vehicles. Thus, proposing to compare ?households? (which may have multiple residents and only a few vehicles) with ?contacts? (an individual-based count). In essence this constitutes a comparison that may result in ecological fallacy. Despite this risk, as noted earlier, the Trophy Club Police Department accepted the recommendation to utilize this form of comparison (i.e., census data relevant to households with vehicles) in an attempt to demonstrate its ?good will? and ?transparency? before the community. Thus, the Fair Roads Standard data obtained and used in this study is specifically relevant to the Dallas Fort-Worth (DFW) Metroplex. Tier 2 (2022) Motor Vehicle-Related Contact Analysis When examining the enhanced and more detailed Tier 2 data collected in 2022, it was evident that most motor vehicle-related contacts were made with Whites, followed by Hispanics. Of those who came in contact with police, most tickets or citations were issued to Whites and Hispanics; this was followed by Blacks. However, in terms of written warnings, most of these were issued to Whites, followed by Blacks. On searches and arrests, the data showed that most searches took place among Whites. When considering all searches, most were consented by Whites, while most custody arrests were also of Whites. Overall, most searches resulted in contraband; of those that produced contraband, most were of Whites; this was followed by Blacks. Of the searches that did not produce contraband, most were of Whites. Most arrests were made of Whites. Most of the arrests that originated from a violation of the penal code involved Whites. Overall, the police department does not report any instances where force was used that resulted in bodily injury. Comparative Analysis A comprehensive analysis of the motor vehicle contacts to the census data relevant to the number of ?households? in DFW who indicated in the 2020 census that they had access to vehicles, produced interesting findings. Specifically, the percentage of Blacks, Hispanics, and American Indians who came in contact with police was the same or lower than the percentage of Black, Hispanic, and American Indian households in DFW that claimed in the 2020 census to have access to vehicles. The opposite was true of Whites and Asians. That is, a higher percentage of Whites and Asians came in contact with police than the percentage of White and Asian households in DFW that claimed in the 2020 census to have access to vehicles. It should be noted that the percentage difference among Asian contacts with households is of less than 3%; thus, deemed by some as statistically insignificant. 25 166 The comprehensive analysis of the searches resulting in contraband shows that the most significant contraband hit rate is of Blacks. This was followed by Whites and Hispanics. This means that among all searches performed in 2022, the most significant percentage of these that resulted in contraband was among Blacks. The lowest contraband hit rate was among Asians. Summary of Findings As referenced earlier, the most recent Texas Racial Profiling Law requires that police departments perform data audits in order to validate the data being reported. Consistent with this requirement, the Trophy Club Police Department has engaged del Carmen Consulting, LLC in order to perform these audits in a manner consistent with normative statistical practices. As shown in Table 6, the audit performed reveals that the data is valid and reliable. Further, as required by law, this report also includes an analysis on the searches performed. This analysis includes information on whether contraband was found as a result of the search while controlling for race/ethnicity. The search analysis demonstrates that the police department is engaging in search practices consistent with national trends in law enforcement. While considering the findings produced as a result of this analysis, it is recommended that the Trophy Club Police Department should continue to collect and evaluate additional information on motor vehicle contact data (i.e., reason for probable cause searches, contraband detected), which may prove to be useful when determining the nature of the contacts police officers are making with all individuals. As part of this effort, the Trophy Club Police Department should continue to: 1) Perform an independent analysis on contact and search data in the upcoming year. 2) Commission data audits in 2023 in order to assess data integrity; that is, to ensure that the data collected is consistent with the data being reported. The comprehensive data analysis included in this report serves as evidence that the Trophy Club Police Department has complied with the Texas Racial Profiling Law and all of its requirements. Further, the report demonstrates that the police department has incorporated a comprehensive racial profiling policy, currently offers information to the public on how to file a compliment or complaint, commissions quarterly data audits in order to ensure validity and reliability, collects and commissions the analysis of Tier 2 data, and ensures that the practice of racial profiling will not be tolerated. 26 167 Checklist The following requirements were met by the Trophy Club Police Department in accordance with The Texas Racial Profiling Law: I mplement a Racial Profiling Policy citing act or actions that constitute racial profiling. Include in the racial profiling policy, a statement indicating prohibition of any peace officer employed by the Trophy Club Police Department from engaging in racial profiling. Implement a process by which an individual may file a complaint regarding racial profiling violations. Provide public education related to the compliment and complaint process. Implement disciplinary guidelines for officers found in violation of the Texas Racial Profiling Law. Collect, report and analyze motor vehicle data (Tier 2). Commission Data Audits and a Search Analysis. Indicate total number of officers who knew and did not know, the race/ethnicity of individuals before being detained. Produce an annual report on police contacts (Tier 2) and present this to the local governing body and TCOLE by March 1, 2023. Adopt a policy, if video/audio equipment is installed, on standards for reviewing video and audio documentation. 27 168 Legislative & Administrative Addendum 28 169 29 TCOLE GUIDELINES Guidelines for Compiling and Reporting Data under Senate Bill 1074 Background Senate Bill 1074 of the 77th Legislature established requirements in the Texas Code of Criminal Procedure (TCCP) for law enforcement agencies. The Commission developed this document to assist agencies in complying with the statutory requirements. The guidelines are written in the form of standards using a style developed from accreditation organizations including the Commission on Accreditation for Law Enforcement Agencies (CALEA). The standards provide a description of what must be accomplished by an agency but allows wide latitude in determining how the agency will achieve compliance with each applicable standard. Each standard is composed of two parts: the standard statement and the commentary. The standard statement is a declarative sentence that places a clear-cut requirement, or multiple requirements, on an agency. The commentary supports the standard statement but is not binding. The commentary can serve as a prompt, as guidance to clarify the intent of the standard, or as an example of one possible way to comply with the standard. Standard 1 Each law enforcement agency has a detailed written directive that: • clearly defines acts that constitute racial profiling; • strictly prohibits peace officers employed by the agency from engaging in racial profiling; • implements a process by which an individual may file a complaint with the agency if the individual believes a peace officer employed by the agency has engaged in racial profiling with respect to the individual filing the complaint; • provides for public education relating to the complaint process; • requires appropriate corrective action to be taken against a peace officer employed by the agency who, after investigation, is shown to have engaged in racial profiling in violation of the agency’s written racial profiling policy; and • requires the collection of certain types of data for subsequent reporting. Commentary Article 2.131 of the TCCP prohibits officers from engaging in racial profiling, and article 2.132 of the TCCP now requires a written policy that contains the elements listed in this standard. The article also specifically defines a law enforcement agency as it applies to this statute as an “ agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers’ official duties.” 170 30 The article further defines race or ethnicity as being of “a particular descent, including Caucasian, African, Hispanic, Asian, or Native American.” The statute does not limit the required policies to just these ethnic groups. This written policy is to be adopted and implemented no later than January 1, 2002. Standard 2 Each peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic, or who stops a pedestrian for any suspected offense reports to the employing law enforcement agency information relating to the stop, to include: • a physical description of each person detained, including gender and the person’s race or ethnicity, as stated by the person, or, if the person does not state a race or ethnicity, as determined by the officer’s best judgment; • the traffic law or ordinance alleged to have been violated or the suspected offense; • whether the officer conducted a search as a result of the stop and, if so, whether the person stopped consented to the search; • whether any contraband was discovered in the course of the search, and the type of contraband discovered; • whether probable cause to search existed, and the facts supporting the existence of that probable cause; • whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; • the street address or approximate location of the stop; and • whether the officer issued a warning or citation as a result of the stop, including a description of the warning or a statement of the violation charged. Commentary The information required by 2.133 TCCP is used to complete the agency reporting requirements found in Article 2.134. A peace officer and an agency may be exempted from this requirement under Article 2.135 TCCP Exemption for Agencies Using Video and Audio Equipment. An agency may be exempt from this reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds. Section 2.135 (a)(2) states, “the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a) (1) (A) and the agency does not receive from the state funds for video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose.” Standard 3 The agency compiles the information collected under 2.132 and 2.133 and analyzes the information identified in 2.133. 171 31 Commentary Senate Bill 1074 from the 77th Session of the Texas Legislature created requirements for law enforcement agencies to gather specific information and to report it to each county or municipality served. New sections of law were added to the Code of Criminal Procedure regarding the reporting of traffic and pedestrian stops. Detained is defined as when a person stopped is not free to leave. Article 2.134 TCCP requires the agency to compile and provide and analysis of the information collected by peace officer employed by the agency. The report is provided to the governing body of the municipality or county no later than March 1 of each year and covers the previous calendar year. There is data collection and reporting required based on Article 2.132 CCP (tier one) and Article 2.133 CCP (tier two). The minimum requirements for “tier one” data for traffic stops in which a citation results are: 1) the race or ethnicity of individual detained (race and ethnicity as defined by the bill means of “a particular descent, including Caucasian, African, Hispanic, Asian, or Native American”); 2) whether a search was conducted, and if there was a search, whether it was a consent search or a probable cause search; and 3) whether there was a custody arrest. The minimum requirements for reporting on “tier two” reports include traffic and pedestrian stops. Tier two data include: 1) the detained person’s gender and race or ethnicity; 2) the type of law violation suspected, e.g., hazardous traffic, non-hazardous traffic, or other criminal investigation (the Texas Department of Public Safety publishes a categorization of traffic offenses into hazardous or non-hazardous); 3) whether a search was conducted, and if so whether it was based on consent or probable cause; 4) facts supporting probable cause; 5) the type, if any, of contraband that was collected; 6) disposition of the stop, e.g., arrest, ticket, warning, or release; 7) location of stop; and 8) statement of the charge, e.g., felony, misdemeanor, or traffic. Tier one reports are made to the governing body of each county or municipality served by the agency an annual report of information if the agency is an agency of a county, municipality, or other political subdivision of the state. Tier one and two reports are reported to the county or municipality not later than March 1 for the previous calendar year beginning March 1, 2003. Tier two reports include a comparative analysis between the race and ethnicity of persons detained to see if a differential pattern of treatment can be discerned based on the disposition of stops 172 32 including searches resulting from the stops. The reports also include information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. An agency may be exempt from the tier two reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds [See 2.135 (a)(2) TCCP]. Reports should include both raw numbers and percentages for each group. Caution should be exercised in interpreting the data involving percentages because of statistical distortions caused by very small numbers in any particular category, for example, if only one American Indian is stopped and searched, that stop would not provide an accurate comparison with 200 stops among Caucasians with 100 searches. In the first case, a 100% search rate would be skewed data when compared to a 50% rate for Caucasians. Standard 4 If a law enforcement agency has video and audio capabilities in motor vehicles regularly used for traffic stops, or audio capabilities on motorcycles regularly used to make traffic stops, the agency: • adopts standards for reviewing and retaining audio and video documentation; and • promptly provides a copy of the recording to a peace officer who is the subject of a complaint on written request by the officer. Commentary The agency should have a specific review and retention policy. Article 2.132 TCCP specifically requires that the peace officer be promptly provided with a copy of the audio or video recordings if the officer is the subject of a complaint and the officer makes a written request. Standard 5 Agencies that do not currently have video or audio equipment must examine the feasibility of installing such equipment. Commentary None Standard 6 Agencies that have video and audio recording capabilities are exempt from the reporting requirements of Article 2.134 TCCP and officers are exempt from the reporting requirements of Article 2.133 TCCP provided that: • the equipment was in place and used during the proceeding calendar year; and • video and audio documentation is retained for at least 90 days. Commentary The audio and video equipment and policy must have been in place during the previous calendar year. Audio and video documentation must be kept for at least 90 days or longer if a complaint has been filed. The documentation must be retained until the complaint is resolved. Peace officers are not exempt from the requirements under Article 2.132 TCCP. 173 33 Standard 7 Agencies have citation forms or other electronic media that comply with Section 543.202 of the Transportation Code. Commentary Senate Bill 1074 changed Section 543.202 of the Transportation Code requiring citations to include: • race or ethnicity, and • whether a search of the vehicle was conducted and whether consent for the search was obtained. 174 34 The Texas Law on Racial Profiling S.B. No. 1074 - An Act relating to the prevention of racial profiling by certain peace officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Articles 2.131 through 2.138 to read as follows: Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties. (2) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to traffic stops in which a citation is issued and to arrests resulting from those traffic stops, including information relating to: (A) the race or ethnicity of the individual detained; and (B) whether a search was conducted and, if so, whether the person detained consented to the search; and (7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision (6) if the agency is an agency of a county, municipality, or other political subdivision of the state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make traffic stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make traffic stops. If a law enforcement agency installs video or audio equipment as provided by this subsection, the 175 35 policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a traffic stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer. Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. (a) In this article: (1) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (2) "Pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic or who stops a pedestrian for any suspected offense shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of each person detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the traffic law or ordinance alleged to have been violated or the suspected offense; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband was discovered in the course of the search and the type of contraband discovered; (5) whether probable cause to search existed and the facts supporting the existence of that probable cause; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a warning or a citation as a result of the stop, including a description of the warning or a statement of the violation charged. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article, "pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each local law enforcement agency shall submit a report containing the information compiled 176 36 during the previous calendar year to the governing body of each county or municipality served by the agency in a manner approved by the agency. (c) A report required under Subsection (b) must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) determine the prevalence of racial profiling by peace officers employed by the agency; and (B) examine the disposition of traffic and pedestrian stops made by officers employed by the agency, including searches resulting from the stops; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a traffic or pedestrian stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and a law enforcement agency is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make traffic and pedestrian stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian stops is equipped with transmitter-activated equipment; and (B) each traffic and pedestrian stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each traffic and pedestrian stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a traffic or pedestrian stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. 177 37 (c) This article does not affect the collection or reporting requirements under Article 2.132. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A). The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1). Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as follows: Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. 178 38 SECTION 3. Section 96.641, Education Code, is amended by adding Subsection (j) to read as follows: (j) As part of the initial training and continuing education for police chiefs required under this section, the institute shall establish a program on racial profiling. The program must include an examination of the best practices for: (1) monitoring peace officers' compliance with laws and internal agency policies relating to racial profiling; (2) implementing laws and internal agency policies relating to preventing racial profiling; and (3) analyzing and reporting collected information. SECTION 4. Section 1701.253, Occupations Code, is amended by adding Subsection (e) to read as follows: (e) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on racial profiling for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. SECTION 5. Section 1701.402, Occupations Code, is amended by adding Subsection (d) to read as follows: (d) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on racial profiling established by the commission under Section 1701.253(e). SECTION 6. Section 543.202, Transportation Code, is amended to read as follows: Sec. 543.202. FORM OF RECORD. (a) In this section, "race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. (b) The record must be made on a form or by a data processing method acceptable to the department and must include: (1) the name, address, physical description, including race or ethnicity, date of birth, and driver's license number of the person charged; (2) the registration number of the vehicle involved; (3) whether the vehicle was a commercial motor vehicle as defined by Chapter 522 or was involved in transporting hazardous materials; (4) the person's social security number, if the person was operating a commercial motor vehicle or was the holder of a commercial driver's license or commercial driver learner's permit; (5) the date and nature of the offense, including whether the offense was a serious traffic violation as defined by Chapter 522; 179 39 (6) whether a search of the vehicle was conducted and whether consent for the search was obtained; (7) the plea, the judgment, and whether bail was forfeited; (8) [(7)] the date of conviction; and (9) [(8)] the amount of the fine or forfeiture. SECTION 7. Not later than January 1, 2002, a law enforcement agency shall adopt and implement a policy and begin collecting information under the policy as required by Article 2.132, Code of Criminal Procedure, as added by this Act. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.132, Code of Criminal Procedure, as added by this Act, on March 1, 2003. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2002, and ending December 31, 2002. SECTION 8. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.134, Code of Criminal Procedure, as added by this Act, on March 1, 2004. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2003, and ending December 31, 2003. SECTION 9. Not later than January 1, 2002: (1) the Commission on Law Enforcement Officer Standards and Education shall establish an education and training program on racial profiling as required by Subsection (e), Section 1701.253, Occupations Code, as added by this Act; and (2) the Bill Blackwood Law Enforcement Management Institute of Texas shall establish a program on racial profiling as required by Subsection (j), Section 96.641, Education Code, as added by this Act. SECTION 10. A person who on the effective date of this Act holds an intermediate proficiency certificate issued by the Commission on Law Enforcement Officer Standards and Education or has held a peace officer license issued by the Commission on Law Enforcement Officer Standards and Education for at least two years shall complete an education and training program on racial profiling established under Subsection (e), Section 1701.253, Occupations Code, as added by this Act, not later than September 1, 2003. SECTION 11. An individual appointed or elected as a police chief before the effective date of this Act shall complete a program on racial profiling established under Subsection (j), Section 96.641, Education Code, as added by this Act, not later than September 1, 2003. SECTION 12. This Act takes effect September 1, 2001 _______________________________ _______________________________ President of the Senate Speaker of the House 180 40 I hereby certify that S.B. No. 1074 passed the Senate on April 4, 2001, by the following vote: Yeas 28, Nays 2; May 21, 2001, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 22, 2001, House granted request of the Senate; May 24, 2001, Senate adopted Conference Committee Report by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 1074 passed the House, with amendments, on May 15, 2001, by a non-record vote; May 22, 2001, House granted request of the Senate for appointment of Conference Committee; May 24, 2001, House adopted Conference Committee Report by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor 181 41 Modifications to the Original Law (H.B. 3389) Amend CSHB 3389 (Senate committee report) as follows: (1) Strike the following SECTIONS of the bill: (A) SECTION 8, adding Section 1701.164, Occupations Code (page 4, lines 61-66); (B) SECTION 24, amending Article 2.132(b), Code of Criminal Procedure (page 8, lines 19-53); (C) SECTION 25, amending Article 2.134(b), Code of Criminal Procedure (page 8, lines 54-64); (D) SECTION 28, providing transition language for the amendments to Articles 2.132(b) and 2.134(b), Code of Criminal Procedure (page 9, lines 40-47). (2) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly: SECTION ____. Article 2.132, Code of Criminal Procedure, is amended by amending Subsections (a),(b), (d), and (e) and adding Subsection (g) to read as follows: (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle[traffic] stops in the routine performance of the officers' official duties. (2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. (3) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, [or] Native American, or Middle Eastern descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle [traffic] stops in which a citation is issued and to arrests made as a result of [resulting from] those [traffic] stops, including information relating to: (A) the race or ethnicity of the individual detained; and (B) whether a search was conducted and, if so, whether the individual [person] detained consented to the search; and (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit [to the governing body of each county or 182 42 municipality served by the agency] an annual report of the information collected under Subdivision (6) to: (A) the Commission on Law Enforcement Officer Standards and Education; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle [traffic] stops and transmitter activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle [traffic] stops. If a law enforcement agency installs video or audio equipment as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a motor vehicle [traffic] stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). (g) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b)(7), the commission shall begin disciplinary procedures against the chief administrator. SECTION ____. Article 2.133, Code of Criminal Procedure, is amended to read as follows: Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE [TRAFFIC AND PEDESTRIAN] STOPS. (a) In this article, "race[: [(1) "Race] or ethnicity" has the meaning assigned by Article 2.132(a). [(2) "Pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest.] (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance [regulating traffic or who stops a pedestrian for any suspected offense] shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any [each] person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the initial reason for the stop [traffic law or ordinance alleged to have been violated or the suspected offense]; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search and a description [the type] of the contraband or evidence [discovered]; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or 183 43 (C) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle [existed and the facts supporting the existence of that probable cause]; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a written warning or a citation as a result of the stop[, including a description of the warning or a statement of the violation charged]. SECTION ____. Article 2.134, Code of Criminal Procedure, is amended by amending Subsections (a) through (e) and adding Subsection (g) to read as follows: (a) In this article: (1) "Motor vehicle[, "pedestrian] stop" has the meaning assigned by Article 2.132(a) [means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest]. (2) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each [local] law enforcement agency shall submit a report containing the incident-based data [information] compiled during the previous calendar year to the Commission on Law Enforcement Officer Standards and Education and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency [in a manner approved by the agency]. (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities [determine the prevalence of racial profiling by peace officers employed by the agency]; and (B) examine the disposition of motor vehicle [traffic and pedestrian] stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from [the] stops within the applicable jurisdiction; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a motor vehicle [traffic or pedestrian] stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article. 184 44 (g) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b), the commission shall begin disciplinary procedures against the chief administrator. SECTION ____. Article 2.135, Code of Criminal Procedure, is amended to read as follows: Art. 2.135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and the chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make motor vehicle [traffic and pedestrian] stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make motor vehicle [traffic and pedestrian] stops is equipped with transmitter-activated equipment; and (B) each motor vehicle [traffic and pedestrian] stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each motor vehicle [traffic and pedestrian] stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a motor vehicle [traffic or pedestrian] stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article 2.132. (d) In this article, "motor vehicle stop" has the meaning assigned by Article 2.132(a). SECTION ____. Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.1385 to read as follows: Art. 2.1385. CIVIL PENALTY. (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in the amount of $1,000 for each violation. The attorney general may sue to collect a civil penalty under this subsection. (b) From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based 185 45 data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each violation. (c) Money collected under this article shall be deposited in the state treasury to the credit of the general revenue fund. SECTION ____. Subchapter A, Chapter 102, Code of Criminal Procedure, is amended by adding Article 102.022 to read as follows: Art. 102.022. COSTS ON CONVICTION TO FUND STATEWIDE REPOSITORY FOR DATA RELATED TO CIVIL JUSTICE. (a) In this article, "moving violation" means an offense that: (1) involves the operation of a motor vehicle; and (2) is classified as a moving violation by the Department of Public Safety under Section 708.052, Transportation Code. (b) A defendant convicted of a moving violation in a justice court, county court, county court at law, or municipal court shall pay a fee of 10 cents as a cost of court. (c) In this article, a person is considered convicted if: (1) a sentence is imposed on the person; (2) the person receives community supervision, including deferred adjudication; or (3) the court defers final disposition of the person's case. (d) The clerks of the respective courts shall collect the costs described by this article. The clerk shall keep separate records of the funds collected as costs under this article and shall deposit the funds in the county or municipal treasury, as appropriate. (e) The custodian of a county or municipal treasury shall: (1) keep records of the amount of funds on deposit collected under this article; and (2) send to the comptroller before the last day of the first month following each calendar quarter the funds collected under this article during the preceding quarter. (f) A county or municipality may retain 10 percent of the funds collected under this article by an officer of the county or municipality as a collection fee if the custodian of the county or municipal treasury complies with Subsection (e). (g) If no funds due as costs under this article are deposited in a county or municipal treasury in a calendar quarter, the custodian of the treasury shall file the report required for the quarter in the regular manner and must state that no funds were collected. (h) The comptroller shall deposit the funds received under this article to the credit of the Civil Justice Data Repository fund in the general revenue fund, to be used only by the Commission on Law Enforcement Officer Standards and Education to implement duties under Section 1701.162, Occupations Code. (i) Funds collected under this article are subject to audit by the comptroller. SECTION ____. (a) Section 102.061, Government Code, as reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, is amended to conform to the amendments made to Section 102.061, Government Code, by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007, and is further amended to read as follows: Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a statutory county court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $20; (2) a fee for services of the clerk of the court (Art. 102.005, Code of Criminal Procedure) . . . $40; 186 46 (3) a records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) . . . $25; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $3; (5) a juvenile delinquency prevention and graffiti eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . $50 [$5]; [and] (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed $5; and (7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.10. (b) Section 102.061, Government Code, as amended by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007, is repealed. Section 102.061, Government Code, as reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, to reorganize and renumber that section, continues in effect as further amended by this section. SECTION ____. (a) Section 102.081, Government Code, as amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, is amended to conform to the amendments made to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007, and is further amended to read as follows: Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $20; (2) a fee for clerk of the court services (Art. 102.005, Code of Criminal Procedure) . . . $40; (3) a records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) . . . $25; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $3; (5) a juvenile delinquency prevention and graffiti eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . $50 [$5]; [and] (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed $5; and (7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.10. (b) Section 102.081, Government Code, as amended by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007, is repealed. Section 102.081, Government Code, as amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, to reorganize and renumber that section, continues in effect as further amended by this section. SECTION ____. Section 102.101, Government Code, is amended to read as follows: Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $3; (2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102.004, Code of Criminal Procedure) . . . $3; (3) a jury fee for two or more defendants tried jointly (Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3; 187 47 (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $4; (5) a fee for technology fund on a misdemeanor offense (Art. 102.0173, Code of Criminal Procedure) . . . $4; (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed $5; (7) a fee on conviction of certain offenses involving issuing or passing a subsequently dishonored check (Art. 102.0071, Code of Criminal Procedure) . . . not to exceed $30; [and] (8) a court cost on conviction of a Class C misdemeanor in a county with a population of 3.3 million or more, if authorized by the county commissioners court (Art. 102.009, Code of Criminal Procedure) . . . not to exceed $7; and (9) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.10. SECTION ____. Section 102.121, Government Code, is amended to read as follows: Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a municipal court shall collect fees and costs on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $3; (2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102.004, Code of Criminal Procedure) . . . $3; (3) a jury fee for two or more defendants tried jointly (Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $3; (5) a fee for technology fund on a misdemeanor offense (Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4; [and] (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed $5; and (7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.10. SECTION ____. Subchapter D, Chapter 1701, Occupations Code, is amended by adding Section 1701.164 to read as follows: Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT-BASED DATA SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall collect and maintain incident-based data submitted to the commission under Article 2.134, Code of Criminal Procedure, including incident- based data compiled by a law enforcement agency from reports received by the law enforcement agency under Article 2.133 of that code. The commission in consultation with the Department of Public Safety, the Bill Blackwood Law Enforcement Management Institute of Texas, the W. W. Caruth, Jr., Police Institute at Dallas, and the Texas Police Chiefs Association shall develop guidelines for submitting in a standard format the report containing incident-based data as required by Article 2.134, Code of Criminal Procedure. SECTION ____. Subsection (a), Section 1701.501, Occupations Code, is amended to read as follows: (a) Except as provided by Subsection (d), the commission shall revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of: (1) this chapter; 188 48 (2) the reporting requirements provided by Articles 2.132 and 2.134, Code of Criminal Procedure; or (3) a commission rule. SECTION ____. (a) The requirements of Articles 2.132, 2.133, and 2.134, Code of Criminal Procedure, as amended by this Act, relating to the compilation, analysis, and submission of incident-based data apply only to information based on a motor vehicle stop occurring on or after January 1, 2010. (b) The imposition of a cost of court under Article 102.022, Code of Criminal Procedure, as added by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date. 189 49 Racial and Ethnic Designations (H.B. 3051) H.B. No. 3051 - An Act relating to the categories used to record the race or ethnicity of persons stopped for or convicted of traffic offenses. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 2.132(a)(3), Code of Criminal Procedure, is amended to read as follows: (3) "Race or ethnicity" means the following categories: (A) Alaska native or American Indian; (B) [of a particular descent, including Caucasian, African, Hispanic,] Asian or Pacific Islander; (C) black; (D) white; and (E) Hispanic or Latino [, Native American, or Middle Eastern descent]. SECTION 2. Section 543.202(a), Transportation Code, is amended to read as follows: (a) In this section, "race or ethnicity" means the following categories: (1) Alaska native or American Indian; (2) [of a particular descent, including Caucasian, African, Hispanic,] Asian or Pacific Islander; (3) black; (4) white; and (5) Hispanic or Latino [, or Native American descent]. SECTION 3. This Act takes effect September 1, 2017. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 3051 was passed by the House on May 4, 2017, by the following vote: Yeas 143, Nays 2, 2 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 3051 was passed by the Senate on May 19, 2017, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor 190 50 The Sandra Bland Act (S.B. 1849) S.B. No. 1849 An Act relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, to the confinement, conviction, or release of those individuals, and to grants supporting populations that are more likely to interact frequently with law enforcement. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: ARTICLE 1. SHORT TITLE SECTION 1.01. SHORT TITLE. This Act shall be known as the Sandra Bland Act, in memory of Sandra Bland. ARTICLE 2. IDENTIFICATION AND DIVERSION OF AND SERVICES FOR PERSONS SUSPECTED OF HAVING A MENTAL ILLNESS, AN INTELLECTUAL DISABILITY, OR A SUBSTANCE ABUSE ISSUE SECTION 2.01. Article 16.22, Code of Criminal Procedure, is amended to read as follows: Art. 16.22. EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY [MENTAL RETARDATION]. (a)(1) Not later than 12 [72] hours after receiving credible information that may establish reasonable cause to believe that a defendant committed to the sheriff's custody has a mental illness or is a person with an intellectual disability [mental retardation], including observation of the defendant's behavior immediately before, during, and after the defendant's arrest and the results of any previous assessment of the defendant, the sheriff shall provide written or electronic notice of the information to the magistrate. On a determination that there is reasonable cause to believe that the defendant has a mental illness or is a person with an intellectual disability [mental retardation], the magistrate, except as provided by Subdivision (2), shall order the local mental health or intellectual and developmental disability [mental retardation] authority or another qualified mental health or intellectual disability [mental retardation] expert to: (A) collect information regarding whether the defendant has a mental illness as defined by Section 571.003, Health and Safety Code, or is a person with an intellectual disability [mental retardation] as defined by Section 591.003, Health and Safety Code, including information obtained from any previous assessment of the defendant; and (B) provide to the magistrate a written assessment of the information collected under Paragraph (A). (2) The magistrate is not required to order the collection of information under Subdivision 191 51 (1) if the defendant in the year preceding the defendant's applicable date of arrest has been determined to have a mental illness or to be a person with an intellectual disability [mental retardation] by the local mental health or intellectual and developmental disability [mental retardation] authority or another mental health or intellectual disability [mental retardation] expert described by Subdivision (1). A court that elects to use the results of that previous determination may proceed under Subsection (c). (3) If the defendant fails or refuses to submit to the collection of information regarding the defendant as required under Subdivision (1), the magistrate may order the defendant to submit to an examination in a mental health facility determined to be appropriate by the local mental health or intellectual and developmental disability [mental retardation] authority for a reasonable period not to exceed 21 days. The magistrate may order a defendant to a facility operated by the Department of State Health Services or the Health and Human Services Commission [Department of Aging and Disability Services] for examination only on request of the local mental health or intellectual and developmental disability [mental retardation] authority and with the consent of the head of the facility. If a defendant who has been ordered to a facility operated by the Department of State Health Services or the Health and Human Services Commission [Department of Aging and Disability Services] for examination remains in the facility for a period exceeding 21 days, the head of that facility shall cause the defendant to be immediately transported to the committing court and placed in the custody of the sheriff of the county in which the committing court is located. That county shall reimburse the facility for the mileage and per diem expenses of the personnel required to transport the defendant calculated in accordance with the state travel regulations in effect at the time. (b) A written assessment of the information collected under Subsection (a)(1)(A) shall be provided to the magistrate not later than the 30th day after the date of any order issued under Subsection (a) in a felony case and not later than the 10th day after the date of any order issued under that subsection in a misdemeanor case, and the magistrate shall provide copies of the written assessment to the defense counsel, the prosecuting attorney, and the trial court. The written assessment must include a description of the procedures used in the collection of information under Subsection (a)(1)(A) and the applicable expert's observations and findings pertaining to: (1) whether the defendant is a person who has a mental illness or is a person with an intellectual disability [mental retardation]; (2) whether there is clinical evidence to support a belief that the defendant may be incompetent to stand trial and should undergo a complete competency examination under Subchapter B, Chapter 46B; and (3) recommended treatment. (c) After the trial court receives the applicable expert's written assessment relating to the defendant under Subsection (b) or elects to use the results of a previous determination as described by Subsection (a)(2), the trial court may, as applicable: (1) resume criminal proceedings against the defendant, including any appropriate proceedings related to the defendant's release on personal bond under Article 17.032; (2) resume or initiate competency proceedings, if required, as provided by Chapter 46B 192 52 or other proceedings affecting the defendant's receipt of appropriate court-ordered mental health or intellectual disability [mental retardation] services, including proceedings related to the defendant's receipt of outpatient mental health services under Section 574.034, Health and Safety Code; or (3) consider the written assessment during the punishment phase after a conviction of the offense for which the defendant was arrested, as part of a presentence investigation report, or in connection with the impositions of conditions following placement on community supervision, including deferred adjudication community supervision. (d) This article does not prevent the applicable court from, before, during, or after the collection of information regarding the defendant as described by this article: (1) releasing a defendant who has a mental illness [mentally ill] or is a person with an intellectual disability [mentally retarded defendant] from custody on personal or surety bond; or (2) ordering an examination regarding the defendant's competency to stand trial. SECTION 2.02. Chapter 16, Code of Criminal Procedure, is amended by adding Article 16.23 to read as follows: Art. 16.23. DIVERSION OF PERSONS SUFFERING MENTAL HEALTH CRISIS OR SUBSTANCE ABUSE ISSUE. (a) Each law enforcement agency shall make a good faith effort to divert a person suffering a mental health crisis or suffering from the effects of substance abuse to a proper treatment center in the agency's jurisdiction if: (1) there is an available and appropriate treatment center in the agency's jurisdiction to which the agency may divert the person; (2) it is reasonable to divert the person; (3) the offense that the person is accused of is a misdemeanor, other than a misdemeanor involving violence; and (4) the mental health crisis or substance abuse issue is suspected to be the reason the person committed the alleged offense. (b) Subsection (a) does not apply to a person who is accused of an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code. SECTION 2.03. Section 539.002, Government Code, is amended to read as follows: Sec. 539.002. GRANTS FOR ESTABLISHMENT AND EXPANSION OF COMMUNITY COLLABORATIVES. (a) To the extent funds are appropriated to the department for that purpose, the department shall make grants to entities, including local governmental entities, nonprofit community organizations, and faith-based community organizations, to establish or expand community collaboratives that bring the public and private sectors together to provide services to persons experiencing homelessness, substance abuse issues, or [and] mental illness. [The department may make a maximum of five grants, which must be made in the most populous municipalities in this state that are located in counties with a population of more than one million.] In awarding grants, the department shall give special consideration to entities: (1) establishing [a] new collaboratives; or 193 53 (2) establishing or expanding collaboratives thatserve two or more counties, each with a population of less than 100,000 [collaborative]. (b) The department shall require each entity awarded a grant under this section to: (1) leverage additional funding from private sources in an amount that is at least equal to the amount of the grant awarded under this section; [and] (2) provide evidence of significant coordination and collaboration between the entity, local mental health authorities, municipalities, local law enforcement agencies, and other community stakeholders in establishing or expanding a community collaborative funded by a grant awarded under this section; and (3) provide evidence of a local law enforcement policy to divert appropriate persons from jails or other detention facilities to an entity affiliated with a community collaborative for the purpose of providing services to those persons. SECTION 2.04. Chapter 539, Government Code, is amended by adding Section 539.0051 to read as follows: Sec. 539.0051. PLAN REQUIRED FOR CERTAIN COMMUNITY COLLABORATIVES. (a) The governing body of a county shall develop and make public a plan detailing: (1) how local mental health authorities, municipalities, local law enforcement agencies, and other community stakeholders in the county could coordinate to establish or expand a community collaborative to accomplish the goals of Section 539.002; (2) how entities in the county may leverage funding from private sources to accomplish the goals of Section 539.002 through the formation or expansion of a community collaborative; and (3) how the formation or expansion of a community collaborative could establish or support resources or services to help local law enforcement agencies to divert persons who have been arrested to appropriate mental health care or substance abuse treatment. (b) The governing body of a county in which an entity that received a grant under Section 539.002 before September 1, 2017, is located is not required to develop a plan under Subsection (a). (c) Two or more counties, each with a population of less than 100,000, may form a joint plan under Subsection (a). ARTICLE 3. BAIL, PRETRIAL RELEASE, AND COUNTY JAIL STANDARDS SECTION 3.01. The heading to Article 17.032, Code of Criminal Procedure, is amended to read as follows: Art. 17.032. RELEASE ON PERSONAL BOND OF CERTAIN [MENTALLY ILL] DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY. SECTION 3.02. Articles 17.032(b) and (c), Code of Criminal Procedure, are amended to read as follows: (b) A magistrate shall release a defendant on personal bond unless good cause is shown 194 54 otherwise if the: (1) defendant is not charged with and has not been previously convicted of a violent offense; (2) defendant is examined by the local mental health or intellectual and developmental disability [mental retardation] authority or another mental health expert under Article 16.22 [of this code]; (3) applicable expert, in a written assessment submitted to the magistrate under Article 16.22: (A) concludes that the defendant has a mental illness or is a person with an intellectual disability [mental retardation] and is nonetheless competent to stand trial; and (B) recommends mental health treatment or intellectual disability treatment for the defendant, as applicable; and (4) magistrate determines, in consultation with the local mental health or intellectual and developmental disability [mental retardation] authority, that appropriate community-based mental health or intellectual disability [mental retardation] services for the defendant are available through the [Texas] Department of State [Mental] Health Services [and Mental Retardation] under Section 534.053, Health and Safety Code, or through another mental health or intellectual disability [mental retardation] services provider. (c) The magistrate, unless good cause is shown for not requiring treatment, shall require as a condition of release on personal bond under this article that the defendant submit to outpatient or inpatient mental health or intellectual disability [mental retardation] treatment as recommended by the local mental health or intellectual and developmental disability [mental retardation] authority if the defendant's: (1) mental illness or intellectual disability [mental retardation] is chronic in nature; or (2) ability to function independently will continue to deteriorate if the defendant is not treated. SECTION 3.03. Article 25.03, Code of Criminal Procedure, is amended to read as follows: Art. 25.03. IF ON BAIL IN FELONY. When the accused, in case of felony, is on bail at the time the indictment is presented, [it is not necessary to serve him with a copy, but] the clerk shall [on request] deliver a copy of the indictment [same] to the accused or the accused's [his] counsel[,] at the earliest possible time. SECTION 3.04. Article 25.04, Code of Criminal Procedure, is amended to read as follows: Art. 25.04. IN MISDEMEANOR. In misdemeanors, the clerk shall deliver a copy of the indictment or information to the accused or the accused's counsel at the earliest possible time before trial [it shall not be necessary before trial to furnish the accused with a copy of the indictment or information; but he or his counsel may demand a copy, which shall be given as early as possible SECTION 3.05. Section 511.009(a), Government Code, as amended by Chapters 281 (H.B. 875), 648 (H.B. 549), and 688 (H.B. 634), Acts of the 84th Legislature, Regular Session, 2015, is reenacted and amended to read as follows: 195 55 (a) The commission shall: (1) adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails; (2) adopt reasonable rules and procedures establishing minimum standards for the custody, care, and treatment of prisoners; (3) adopt reasonable rules establishing minimum standards for the number of jail supervisory personnel and for programs and services to meet the needs of prisoners; (4) adopt reasonable rules and procedures establishing minimum requirements for programs of rehabilitation, education, and recreation in county jails; (5) revise, amend, or change rules and procedures if necessary; (6) provide to local government officials consultation on and technical assistance for county jails; (7) review and comment on plans for the construction and major modification or renovation of county jails; (8) require that the sheriff and commissioners of each county submit to the commission, on a form prescribed by the commission, an annual report on the conditions in each county jail within their jurisdiction, including all information necessary to determine compliance with state law, commission orders, and the rules adopted under this chapter; (9) review the reports submitted under Subdivision (8) and require commission employees to inspect county jails regularly to ensure compliance with state law, commission orders, and rules and procedures adopted under this chapter; (10) adopt a classification system to assist sheriffs and judges in determining which defendants are low-risk and consequently suitable participants in a county jail work release program under Article 42.034, Code of Criminal Procedure; (11) adopt rules relating to requirements for segregation of classes of inmates and to capacities for county jails; (12) require that the chief jailer of each municipal lockup submit to the commission, on a form prescribed by the commission, an annual report of persons under 17 years of age securely detained in the lockup, including all information necessary to determine compliance with state law concerning secure confinement of children in municipal lockups; (13) at least annually determine whether each county jail is in compliance with the rules and procedures adopted under this chapter; (14) require that the sheriff and commissioners court of each county submit to the commission, on a form prescribed by the commission, an annual report of persons under 17 years of age securely detained in the county jail, including all information necessary to determine compliance with state law concerning secure confinement of children in county jails; (15) schedule announced and unannounced inspections of jails under the commission's jurisdiction using the risk assessment plan established under Section 511.0085 to guide the inspections process; (16) adopt a policy for gathering and distributing to jails under the commission's jurisdiction information regarding: (A) common issues concerning jail administration; (B) examples of successful strategies for maintaining compliance with state law and the rules, 196 56 standards, and procedures of the commission; and (C) solutions to operational challenges for jails; (17) report to the Texas Correctional Office on Offenders with Medical or Mental Impairments on a jail's compliance with Article 16.22, Code of Criminal Procedure; (18) adopt reasonable rules and procedures establishing minimum requirements for jails to: (A) determine if a prisoner is pregnant; and (B) ensure that the jail's health services plan addresses medical and mental health care, including nutritional requirements, and any special housing or work assignment needs for persons who are confined in the jail and are known or determined to be pregnant; (19) provide guidelines to sheriffs regarding contracts between a sheriff and another entity for the provision of food services to or the operation of a commissary in a jail under the commission's jurisdiction, including specific provisions regarding conflicts of interest and avoiding the appearance of impropriety; [and] (20) adopt reasonable rules and procedures establishing minimum standards for prisoner visitation that provide each prisoner at a county jail with a minimum of two in-person, noncontact visitation periods per week of at least 20 minutes duration each; (21) [(20)] require the sheriff of each county to: (A) investigate and verify the veteran status of each prisoner by using data made available from the Veterans Reentry Search Service (VRSS) operated by the United States Department of Veterans Affairs or a similar service; and (B) use the data described by Paragraph (A) to assist prisoners who are veterans in applying for federal benefits or compensation for which the prisoners may be eligible under a program administered by the United States Department of Veterans Affairs; (22) [(20)] adopt reasonable rules and procedures regarding visitation of a prisoner at a county jail by a guardian, as defined by Section 1002.012, Estates Code, that: (A) allow visitation by a guardian to the same extent as the prisoner's next of kin, including placing the guardian on the prisoner's approved visitors list on the guardian's request and providing the guardian access to the prisoner during a facility's standard visitation hours if the prisoner is otherwise eligible to receive visitors; and (B) require the guardian to provide the sheriff with letters of guardianship issued as provided by Section 1106.001, Estates Code, before being allowed to visit the prisoner; and (23) adopt reasonable rules and procedures to ensure the safety of prisoners, including rules and procedures that require a county jail to: (A) give prisoners the ability to access a mental health professional at the jail through a telemental health service 24 hours a day; (B) give prisoners the ability to access a health professional at the jail or through a telehealth service 24 hours a day or, if a health professional is unavailable at the jail or through a telehealth service, provide for a prisoner to be transported to access a health professional; and (C) if funding is available under Section 511.019, install automated electronic sensors or cameras to ensure accurate and timely in-person checks of cells or groups of cells confining at-risk individuals. SECTION 3.06. Section 511.009, Government Code, is amended by adding Subsection (d) to read 197 57 as follows: (d) The commission shall adopt reasonable rules and procedures establishing minimum standards regarding the continuity of prescription medications for the care and treatment of prisoners. The rules and procedures shall require that a qualified medical professional shall review as soon as possible any prescription medication a prisoner is taking when the prisoner is taken into custody. SECTION 3.07. Chapter 511, Government Code, is amended by adding Sections 511.019, 511.020, and 511.021 to read as follows: Sec. 511.019. PRISONER SAFETY FUND. (a) The prisoner safety fund is a dedicated account in the general revenue fund. (b) The prisoner safety fund consists of: (1) appropriations of money to the fund by the legislature; and (2) gifts, grants, including grants from the federal government, and other donations received for the fund. (c) Money in the fund may be appropriated only to the commission to pay for capital improvements that are required under Section 511.009(a)(23). (d) The commission by rule may establish a grant program to provide grants to counties to fund capital improvements described by Subsection (c). The commission may only provide a grant to a county for capital improvements to a county jail with a capacity of not more than 96 prisoners. Sec. 511.020. SERIOUS INCIDENTS REPORT. (a) On or before the fifth day of each month, the sheriff of each county shall report to the commission regarding the occurrence during the preceding month of any of the following incidents involving a prisoner in the county jail: (1) a suicide; (2) an attempted suicide; (3) a death; (4) a serious bodily injury, as that term is defined by Section 1.07, Penal Code; (5) an assault; (6) an escape; (7) a sexual assault; and (8) any use of force resulting in bodily injury, as that term is defined by Section 1.07, Penal Code. (b) The commission shall prescribe a form for the report required by Subsection (a). (c) The information required to be reported under Subsection (a)(8) may not include the name or other identifying information of a county jailer or jail employee. (d) The information reported under Subsection (a) is public information subject to an open records request under Chapter 552. Sec. 511.021. INDEPENDENT INVESTIGATION OF DEATH OCCURRING IN COUNTY JAIL. (a) On the death of a prisoner in a county jail, the commission shall appoint a law enforcement agency, other 198 58 than the local law enforcement agency that operates the county jail, to investigate the death as soon as possible. (b) The commission shall adopt any rules necessary relating to the appointment of a law enforcement agency under Subsection (a), including rules relating to cooperation between law enforcement agencies and to procedures for handling evidence. SECTION 3.08. The changes in law made by this article to Article 17.032, Code of Criminal Procedure, apply only to a personal bond that is executed on or after the effective date of this Act. A personal bond executed before the effective date of executed, and the former law is continued in effect for that purpose. SECTION 3.09. Not later than January 1, 2018, the Commission on Jail Standards shall: (1) adopt the rules and procedures required by Section 511.009(d), Government Code, as added by this article, and the rules required by Section 511.021(b), Government Code, as added by this article; and (2) prescribe the form required by Section 511.020(b), Government Code, as added by this article. SECTION 3.10. Not later than September 1, 2018, the Commission on Jail Standards shall adopt the rules and procedures required by Section 511.009(a)(23), Government Code, as added by this article. On and after September 1, 2020, a county jail shall comply with any rule or procedure adopted by the Commission on Jail Standards under that subdivision. SECTION 3.11. To the extent of any conflict, this Act prevails over another Act of the 85th Legislature, Regular Session, 2017, relating to non-substantive additions to and corrections in enacted codes. ARTICLE 4. PEACE OFFICER AND COUNTY JAILER TRAINING SECTION 4.01. Chapter 511, Government Code, is amended by adding Section 511.00905 to read as follows: Sec. 511.00905. JAIL ADMINISTRATOR POSITION; EXAMINATION REQUIRED. (a) The Texas Commission on Law Enforcement shall develop and the commission shall approve an examination for a person assigned to the jail administrator position overseeing a county jail. (b) The commission shall adopt rules requiring a person, other than a sheriff, assigned to the jail administrator position overseeing a county jail to pass the examination not later than the 180th day after the date the person is assigned to that position. The rules must provide that a person who fails the examination may be immediately removed from the position and may not be reinstated until the person passes the examination. (c) The sheriff of a county shall perform the duties of the jail administrator position at any time there is not a person available who satisfies the examination requirements of this 199 59 section. (d) A person other than a sheriff may not serve in the jail administrator position of a county jail unless the person satisfies the examination requirement of this section. SECTION 4.02. Section 1701.253, Occupations Code, is amended by amending Subsection (j) and adding Subsection (n) to read as follows: commission shall require an officer to complete a 40- hour statewide education and training program on de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments. An officer shall complete the program not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. An officer may not satisfy the requirements of this subsection [section] or Section 1701.402(g) by taking an online course on de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments. (n) As part of the minimum curriculum requirements, the commission shall require an officer to complete a statewide education and training program on de-escalation techniques to facilitate interaction with members of the public, including techniques for limiting the use of force resulting in bodily injury. SECTION 4.03. Section 1701.310(a), Occupations Code, is amended to read as follows: (a) Except as provided by Subsection (e), a person may not be appointed as a county jailer, except on a temporary basis, unless the person has satisfactorily completed a preparatory training program, as required by the commission, in the operation of a county jail at a school operated or licensed by the commission. The training program must consist of at least eight hours of mental health training approved by the commission and the Commission on Jail Standards. SECTION 4.04. Section 1701.352(b), Occupations Code, is amended to read as follows: (b) The commission shall require a state, county, special district, or municipal agency that appoints or employs peace officers to provide each peace officer with a training program at least once every 48 months that is approved by the commission and consists of: (1) topics selected by the agency; and (2) for an officer holding only a basic proficiency certificate, not more than 20 hours of education and training that contain curricula incorporating the learning objectives developed by the commission regarding: (A) civil rights, racial sensitivity, and cultural diversity; (B) de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments; [and] (C) de-escalation techniques to facilitate interaction with members of the public, including techniques for limiting the use of force resulting in bodily injury; and (D) unless determined by the agency head to be inconsistent with the officer's assigned duties: (i) the recognition and documentation of cases that involve child abuse or neglect, family violence, and sexual assault; and (ii) issues concerning sex offender characteristics. SECTION 4.05. Section 1701.402, Occupations Code, is amended by adding Subsection (n) to read 200 60 as follows: (n) As a requirement for an intermediate proficiency certificate or an advanced proficiency certificate, an officer must complete the education and training program regarding de-escalation techniques to facilitate interaction with members of the public established by the commission under Section 1701.253(n). SECTION 4.06. Not later than March 1, 2018, the Texas Commission on Law Enforcement shall develop and the Commission on Jail Standards shall approve the examination required by Section 511.00905, Government Code, as added by this article. SECTION 4.07. (a) Not later than March 1, 2018, the Texas Commission on Law Enforcement shall establish or modify training programs as necessary to comply with Section 1701.253, Occupations Code, as amended by this article. (b) The minimum curriculum requirements under Section 1701.253(j), Occupations Code, as amended by this article, apply only to a peace officer who first begins to satisfy those requirements on or after April 1, 2018. SECTION 4.08. (a) Section 1701.310, Occupations Code, as amended by this article, takes effect January 1, 2018. (b) A person in the position of county jailer on September 1, 2017, must comply with Section 1701.310(a), Occupations Code, as amended by this article, not later than August 31, 2021. ARTICLE 5. MOTOR VEHICLE STOPS, RACIAL PROFILING, AND ISSUANCE OF CITATIONS SECTION 5.01. Article 2.132, Code of Criminal Procedure, is amended by amending Subsections (b) and (d) and adding Subsection (h) to read as follows: (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's compliment and complaint process, including providing the telephone number, mailing address, and e-mail address to make a compliment or complaint with respect to each ticket, citation, or warning issued by a peace officer; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a ticket, citation, or warning is issued and to arrests made as a result of those stops, including information 201 61 relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; [and] (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; (D) whether the peace officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop; (E) the location of the stop; and (F) the reason for the stop; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: (A) the Texas Commission on Law Enforcement; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle stops. The agency also shall examine the feasibility of equipping each peace officer who regularly detains or stops motor vehicles with a body worn camera, as that term is defined by Section 1701.651, Occupations Code. If a law enforcement agency installs video or audio equipment or equips peace officers with body worn cameras as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (h) A law enforcement agency shall review the data collected under Subsection (b)(6) to identify any improvements the agency could make in its practices and policies regarding motor vehicle stops. SECTION 5.02. Article 2.133, Code of Criminal Procedure, is amended by amending Subsection (b) and adding Subsection (c) to read as follows: (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the initial reason for the stop; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search 202 62 and a description of the contraband or evidence; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or (C) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; [and] (8) whether the officer issued a verbal or written warning or a ticket or citation as a result of the stop; and (9) whether the officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop. (c) The chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is responsible for auditing reports under Subsection (b) to ensure that the race or ethnicity of the person operating the motor vehicle is being reported. SECTION 5.03. Article 2.134(c), Code of Criminal Procedure, is amended to read as follows: (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; [and] (B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and (C) evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. SECTION 5.04. Article 2.137, Code of Criminal Procedure, is amended to read as follows: Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)], including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, 203 63 available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)]. The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)], the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)], the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has taken the necessary actions to use and is using [installed] video and audio equipment and body worn cameras for those purposes [as described by Article 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1)]. SECTION 5.05. Article 2.1385(a), Code of Criminal Procedure, is amended to read as follows: (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in an [the] amount not to exceed $5,000 [of $1,000] for each violation. The attorney general may sue to collect a civil penalty under this subsection. SECTION 5.06. Article 2.135, Code of Criminal Procedure, is repealed. SECTION 5.07. Articles 2.132 and 2.134, Code of Criminal Procedure, as amended by this article, apply only to a report covering a calendar year beginning on or after January 1, 2018. SECTION 5.08. Not later than September 1, 2018, the Texas Commission on Law Enforcement shall: (1) evaluate and change the guidelines for compiling and reporting information required under Article 2.134, Code of Criminal Procedure, as amended by this article, to enable the guidelines to better withstand academic scrutiny; and (2) make accessible online: (A) a downloadable format of any information submitted under Article 2.134(b), Code of Criminal 204 64 Procedure, that is not exempt from public disclosure under Chapter 552, Government Code; and (B) a glossary of terms relating to the information to make the information readily understandable to the public. This Act takes effect September 1, 2017. ______________________________ ______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1849 passed the Senate on May 11, 2017, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 1849 passed the House on May 20, 2017, by the following vote: Yeas 137, Nays 0, one present not voting. ARTICLE 6. EFFECTIVE DATE SECTION 6.01. Except as otherwise provided by this Act, Approved: ______________________________ Date ______________________________ Governor ______________________________ Chief Clerk of the House 205 65 TROPHY CLUB POLICE DEPARTMENT RACIAL PROFILING POLICY 206 Policy Trophy Club Police Department 333 Policy Ma nual RACIAL PROFILING / BIAS BASED PROFILING 333.1 PURPOSE The purpose of this policy is to affirm that the Trophy Club Police Department is committed to unbiased policing in all its encounters between officers and any person. The Department recognizes that our society holds the freedoms of the individual as a fundamental concept. Therefore members of this Department will not infringe upon this freedom without just, legal and necessary cause.This policy strictly forbids profiling of any individual or group based solely on race , ethnic background, gender, sexual orientation , religion , economic status , age , cultural group , faith-based organizations or any other identifiable group . 333.2 POLICY It is the policy of this department to police in a proactive manner and to aggressively investigate suspected violations of the law. Officers shall actively enforce local , state and federal laws in a responsible and professional manner, without regard to race , ethnicity , national origin . Officers are strictly proh i bited from engaging in racial profiling as defined in this policy . Racial profiling is an unacceptable police tactic and will not be condoned. • This policy strictly prohibits profiling of any individual based on race, ethnic background, gender, sexual orientation , religion, economic status, age, cultural group, or any other identifiable group . • This Policy is adopted in compliance with the requirements of Articles 2.131 through 2.138 , Texas Code of Criminal Procedure , which prohibits Texas peace officers from engaging in racial profiling . 333.3 DEFINITIONS Racial Profiling: A law enforcement-initiated action based on an individual's race , ethnicity , national origin , rather than on behavior or information identifying the individual as having engaged in criminal activity. Racial profil ing pertains to persons who are viewed as suspects or potential suspect of criminal behavior. The term is not relevant as it perta ins to witnesses , complainants , persons needing assistance , or other citizen contacts. Bias Based Profiling: The selection of an individual based solely on a trait common to that group for enforcement action. This includes , but is not limited to: race , ethnic background , gender, sexual orientation , religion , economic status, cultural group, or any other identifiable group. Race or Ethnicity: Persons of a particular descent , including Caucasian , Black , Hispanic , Asian , Middle Eastern or Native American descent. Acts Constituting Racial (Bias Based) Profiling: Acts initiating law enforcement action , such as a traffic stop , a detention , a search , issuance of a citation , or an arrest based solely upon an individual's race, ethnicity, or national origin or on the basis of racial or ethnic stereotypes , rather than upon the individuals' behavior, information identifying the individual as having possibly engaged in criminal activity , or other lawful reasons for the law enforcement action . Copyright Lexipol, LLC 2021 /12/06 , All Rights Reserved . Publish ed with perm iss ion by Troph y Club Police Depa rtm ent RACIAL PROFILING/ BIAS BASED PROFILING - 1 207 Trophy Club Police Department Policy Manual RACIAL PROFILING I BIAS BASED PROFILING Motor Vehicle Contact: An occasion in which a peace officer stops a motor vehicle for an alleged violation of law or ordinance. 333.4 PROHIBITION Officers of the Trophy Club Police Department are strictly prohibited from engaging in racial profiling. The prohibition against racial profiling does not preclude the use of race, ethnicity or national origin as factors in a detention decision by an officer. Race , ethnicity or national origin may be legitimate factors in such a decision when used as part of a description of a suspect or witness for whom an officer is searching. Officers of the Trophy Club Police Department shall not engage in profiling based solely on race, ethnic background, gender, sexual orientation, religion, economic status, age , culture, or any other identifiable group. 333.5 COMPLAINT PROCESS No person shall be discouraged , intimidated or coerced from filing a complaint , or be discriminated against because they have filed a complaint. Any person who believes that a peace officer employed by the Trophy Club Police Department has engaged in racial profiling with respect to that person , may file a complaint in accordance with the provisions ofTrophy Club Police Department Policy 901 Complaints . • An employee who is contacted regarding a complaint against an officer shall follow the procedures set forth in Trophy Club Police Department Policy 901 Complaints. • Citizens who appear in person wishing to file a complaint shall be provided with a department brochure, "How to File a Complaint." Brochures are maintained in the Trophy Club Police Department lobby , and at the Trophy Club Town Hall. Citizens may also be directed to the Departmental website to file a complaint. Any supervisor who becomes aware of an alleged or suspected violation of this Policy shall report the alleged violation in accordance with Trophy Club Police Department Policy 901 Complaints. Complaints of racial profiling shall be classified as a Level I complaint, and shall be investigated by the Professional Standards Unit ,or a designated Internal Affairs Investigator unless otherwise directed by the Chief of Police. A log of all Racial Profiling Complaints will be maintained by the Chief of Police. 333.6 DISCIPLINARY AND CORRECTIVE ACTIONS Any officer of this Department who is found, after investigation, to have engaged in racial profiling in violation of this Policy may be subject to disciplinary action , up to an including termination. Disciplinary or corrective actions may include diversity, sensitivity or other appropriate training or counseling , as determined by the Chief of Police . Copyrig ht Lexipol , LLC 2021 /12/06 . All Rights Reserved . Published wi th perm issio n by Trophy Club Poli ce Department RACIAL PROFILING/ BIAS BASED PROFILING - 2 208 Trophy Club Police Department Poli cy Manual RACIAL PROFILING I BIAS BASED PROFILING 333.7 PUBLIC EDUCATION • This Department shall provide education to the public concerning the racial profiling complaint process. The primary method of public education shall be through a brochure , "How to File a Complaint" which are maintained in the lobby of the Trophy Club Police Department, and at the Trophy Club Town Hall. These brochures are available in both English and Spanish versions. Other education methods may be ut ilized to inform the public , including news media , civic presentations , the Internet, and/or public meetings. • The Trophy Club Police Department shall provide public education relating to the Department's complaint process which shall be printed on each ticket , citation or warning issued by Trophy Club Officers. In the event that it is not possible for the computer generated citations to print the complaint process information , Officers shall provide information on how to file a complaint when encountering the public by means of an information card "How to file a complain t" which will be presented to all individuals who are stopped or arrested by Trophy Club Police Officers . 333.8 COLLECTION OF INFORMATION AND ANNUAL REPORT WHEN CITATION ISSUED OR ARREST MADE For each motor vehicle contact in which a citation is issued and/or for each arrest resulting from a motor vehicle contact , an officer involved in the stop shall collect the following information : If the person contacted is a resident of the Town of Trophy Club , it shall be reflected in the data that is entered. (b) The gender of the person being reported. (c) Information identifying the race or ethnicity of the person detained . The following codes will be used to identify the individual's race : 1. A= Asian 2. B = Black 3. C = Caucasian 4. H = Hispanic 5. M = Middle Eastern 6. NA = Native American/American Indian 7. 0 = Other Note: Officers may not ask the individual to identify their race. If the officer is unable to determine the race or ethnicity of the person contacted , then the race shall be entered as "Other" on the citation(s) issued (d) Whether the officer knew the race or ethnicity of the individual detained before detaining that individual. Copyright Lexipo l, LLC 2021 /12/06. All Rights Reserved . Pu blished with permi ss ion by Trophy Clu b Police Depa rtm ent RACIAL PROFILING/ BIAS BASED PROFILING -3 209 Trophy Club Police Department Poli cy Manual RACIAL PROFILING I BIAS BASED PROFILING (e) What v iolation/charge was used to make first contact or was it related to a Call-For Service . (f) What was the action taken (citation or arrest)? (g) What was the contacted person 's charge? (h) Was a search was conducted? (i) If a search was conducted , did the individual detained consent to the search? U) Whether a search was conducted because probable cause existed. (k) Whether contraband was found ; and , if so , what was the contraband? (I} The information collected shall be entered into a database by entering Racial Profiling data utilizing the in-car Mobile Data Computer (MDC) or the computers available in the Department. All contacts requiring Racial Profiling data collection must be entered 1. In the event the data is unable to be collected electronically , the data will be recorded on temporary forms and entered in the database at a later date . 2 . ThePatrol Captain shall ensure all Racial Profiling Data is collected and reported to the Chief of Police. The data collected shall be compiled in an annual report covering the period January 1 through December 31 of each year, and shall be submitted to the governing body of the Town of Trophy Club no later than March of the following year. The report will include: (a ) A breakdown of citations by race or ethnicity; (b ) Number of citations that resulted in a search; (c ) Number of searches that were consensual; (d ) Number of citations that resulted in custodial arrest; and (e ) Public education efforts concerning the racial profiling complaint process. 3. The annual report shall not include identifying information about any individual stopped or arrested, and shall not include identifying information about any peace officer involved in a stop or arrest. 4. Racial Profiling Data will also be reported to the Texas Commission on Law Enforcement Officer Standards and Education (TCOLE) by March 1 of each year, following the Commission's prescribed format. 333.9 AUDIO AND VIDEO EQUIPMENT A. Each motor vehicle regularly used by this department to make moto r vehicle contacts shall be equipped with a mobile video camera system capable of recording video and audio , and each motorcycle regularly used by this department to make motor vehicle contacts shall be equipped with aud io recording equ ipment. Copyright Lexi pol , LLC 2021 /12/06 , All Rights Reserved . Published wi th permission by Trophy Club Police Depa rtm ent RACIAL PROF ILING/ BIAS BASED PROFILING -4 210 Trophy Club Police Department Pol icy Manual RACIAL PROFILING I BIAS BASED PROFILING B. Each motor vehicle contact made by an officer of this department capable of being recorded by video and audio , or by audio only for motorcycles , shall be recorded. C. Supervisors and officers shall ensure that mobile video camera equipment, and/or audio equipment , is properly functioning prior to commencing their tour of duty. Police un its with malfunct ioning or inoperable mob ile video camera equipment shall not be ut ilized under normal circumstances. D. Supervisors shall have the authority to assign units with malfunction ing or inoperable mobile video equipment when situations dictate. Officers assigned to such units shall collect and document the information listed below for each motor vehicle contact. All documentation must be submitted to the officer's supervisor prior to ending that tour of duty . Documentation shall include but is not limited to field interv iew forms , traffic citations and warning tickets. 1. A phys ical description of any person operating the motor vehicle , who is detained as a result of the stop, including : (a) The person 's gender. (b) The person 's race or ethnicity , as stated by the person , or if the person does not state , the person 's race or ethnicity , as determined by the officer to the best of his or her ability. Officers will not ask the individual to identify their race or ethnicity. (c) Whether the officer knew the race or ethnicity of the individual detained before detaining that individual. (d) The initial reason for the stop . (e) Whether officer conducted a search as a result of the stop, and , if so , whether or not the person detained consented to the search. (f) Whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence. (g) The reason for the search, including whether: 1. Any contraband or other ev idence was in plain view. 2. Any probably cause or reasonable suspicion existed to perform the search ; or 3. The search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle. 4. Whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a v iolation of Penal Code , a violation of traffic law or ordinance or an outstanding warrant and a statement of the offense charged. (h) The street address or approximate locat ion of the stop . (i) Whether the officer issued a citation or a written warning as a result of the stop . Copyright Lexipol , LLC 2021 /12/06, All Rights Reserved. Pu blished with permission by Trophy C lub Police Depa rtm ent RACIAL PROFILING/ BIAS BASED PROFILING - 5 211 Trophy Club Police Department Policy Manual RACIAL PROFILING I BIAS BASED PROFILING U) Whether the person contacted is a resident or non-resident of the Town of Trophy Club. This shall be reflected on each citation issued, using an (R) for residents or an (NR) for non-resident. 333.10 REVIEW OF VIDEO AND AUDIO DOCUMENTATION A. Each audio and video recording shall be retained for a minimum period of ninety (90) days, unless a complaint is filed alleging that an officer has engaged in a racial profiling with respect to a motor vehicle contact. The Captain of the Patrol Division shall ensure that all audio and recordings are properly stored and retained in accordance with applicable laws and this Policy. B. (If a complaint is received alleging that an officer has engaged in racial profiling, the audio/video recording shall be forwarded to the Chief of Police. The Chief of Police shall retain the video until final disposition of the complaint has been made. C . The Patrol Captain or designee shall review a randomly selected sampling of video and audio recordings, made recently by officers employed by the Department , in order to determine if patterns of racial profiling exist.This Policy requires the supervisory review of at least three (3) random videos each quarter (3 months) per officer. These reviews shall be documented on the appropriate form . D. Written documentation shall include : 1. The names of the officers whose contacts were reviewed . 2. The date(s) of the videos reviewed . 3. The date the actual review was conducted. 4. The name of the person conducting the review . E. The Patrol Captain shall forward the required documentation to the Chief of Police or his designee. F. The Field Operations Division shall maintain a file of all video review documentation performed , in compliance with this Policy. G. In reviewing audio and video recordings, the Patrol Captain or designee shall seek to determine if the officer(s) reviewed have engaged in a pattern of racial profiling that includes multiple acts constituting racial profiling for which there is no reasonable , credible explanation based on established police and law enforcement procedures. 333.11 TRAINING Each peace officer employed by the department shall complete the comprehensive education and training program on racial profiling established by the Texas Commission on Law Enforcement Officer (TCOLE) not later than the second ann iversary of the date the officer was licensed , or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. A person who on September 1, 2001 , held a TCOLE intermediate proficiency certificate , or who had held a peace officer license issued by TCOLE for at least two years, shall complete a TCOLE training and education program on racial profiling not later than September 1 of the current year. Copyright Lexi pol , LLC 2021/12/06, A ll Rig hts Reserved. Published wi th perm ission by Troph y Clu b Police De partm ent RACIAL PROFILING / BIAS BASED PROFILING -6 212 Trophy Club Police Department Policy Manual RACIAL PROFILING I BIAS BASED PROFILING The Chief of Police shall , in completing the training required by Section 96.641, Texas 777 Education Code , complete the program on racial profiling established by the Bill Blackwood Law Enforcement management Institute of Texas (LEMIT). Copyright Lexipo l, LLC 2021/12/06 , All Rights Reserved. Pu blished with perm ission by Trophy Club Pol ice Department RACIAL PROFILING/ BIAS BASED PROFILING - 7 213 Copyright 2023 Del Carmen Consulting All Rights Reserved. For additional questions regarding the information presented in this report, please contact: Del Carmen Consulting 817.681.7840 www.texasracialprofiling.com www.delcarmenconsulting.com Disclaimer: The author of this report, Alejandro del Carmen/del Carmen Consulting , is not liable for any omissions or errors committed in the acquisition, analysis, or creation of this report. Further, Dr. del Carmen/del Carmen Consulting is not responsible for the inappropriate use and distribution of information contained in this report. Further, no liability shall be incurred as a result of any harm that may be caused to individuals and/or organizations as a result of the information contained in this report. Copyright: This report may not be altered or reproduced outside the agreed terms, in any manner whatsoever without the written permission of the author. 214 Page 1 of 2 To: Mayor and Town Council From: Anita Otterson, Town Secretary CC: Wade Carroll, Town Manager Re: Ordinance 2023-01, Calling the May 6, 2023 Election Date: Town Council Meeting, February 14, 2023 Agenda Item: Take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and calling a General Election to be held May 6, 2023 for the purpose of electing (1) Mayor, one (1) Councilmember to Place 1, and one (1) Councilmember to Place 2 on the Trophy Club Town Council, each for a three (3) term; and providing an effective date. Strategic Link: Administrative & Financial Services: Exercise fiscal discipline in all town operations. Background and Explanation: General elections are held each May for places on Town Council. The terms for each member place are staggered and Mayor and Council member terms are for a period of 3 years. Financial Considerations: The cost of the election can’t be determined at this time since it is based on the number of entities that participate in the joint election. Legal Review: Ordinance was reviewed and approved by Town Attorney. Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends adoption of Ordinance 2023-01 Calling the General Election on May 6, 2023. 215 Page 2 of 2 Attachments: •Ordinance 2023-01 216 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2023-01 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A JOINT GENERAL ELECTION FOR THE TOWN OF TROPHY CLUB (“TOWN”) TO BE HELD ON MAY 6, 2023 FOR THE PURPOSE OF ELECTING ONE (1) MAYOR FOR A THREE (3) YEAR TERM AND ONE (1) COUNCILMEMBER FOR PLACE NO. 1 AND ONE (1) COUNCILMEMBER FOR PLACE NO. 2, EACH FOR A THREE YEAR TERM, ON THE TOWN OF TROPHY CLUB TOWN COUNCIL; PROVIDING FOR THE INCORPORATION OF PREMISES; SPECIFYING THE DATE OF ELECTION; SPECIFYING THE PURPOSE OF THE ELECTION; SPECIFYING ELIGIBILITY FOR CANDIDACY; PROVIDING FOR APPLICATION FOR A PLACE ON THE BALLOT; PROVIDING FOR A RUNOFF ELECTION; AUTHORIZING CONTRACTS WITH DENTON COUNTY ELECTIONS AND TARRANT COUNTY ELECTIONS FOR ADMINISTRATION OF THE ELECTION; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001(a) of the Texas Election Code establishes the first Saturday in May as a Uniform Election Date for the purposes of conducting a Joint General Election; and WHEREAS, Section 3.004 of the Texas Election Code provides that the governing body of a municipality shall be the authority to order a Joint General Election; and WHEREAS, the Town Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that public notice of the time, place, and purpose of such meeting was given as required by Chapter 551, Texas Government Code, as amended; and WHEREAS, Section 3.005(c) of the Texas Election Code provides that an election ordered by an authority of a municipality shall be ordered not later than the 78th day before Election Day; and WHEREAS, the Town Council desires to and hereby orders a Joint General Election for the purpose of electing one (1) Mayor for a three (3) year term and one (1) Councilmember for Place No. 1 and one (1) Councilmember for Place No. 2, each for a three (3) year term. 217 ORD 2023-01 Page 2 of 9 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. All resident, qualified voters of the Town shall be eligible to vote at the Election. SECTION 2. DATE OF ELECTION It is hereby ordered that a Joint General Election shall be held on May 6, 2023, from 7:00 a.m. to 7:00 p.m. SECTION 3. PURPOSE OF ELECTION The purpose of the Joint General Election is to elect one (1) Mayor for a three (3) year term and one (1) Councilmember for Place No. 1 and one (1) Councilmember for Place No. 2, each for a three (3) year term, on the Town of Trophy Club Town Council. SECTION 4. ELIGIBILITY FOR CANDIDACY As set forth in Section 141.001 of the Texas Election Code, to be eligible for a public elective office in this state, a person must: 1) be a United States citizen; 2) be 18 years of age or older on the first day of the term to be filled at the election or on the date of appointment, as applicable; 3) have not been determined by a final judgment of a court exercising probate jurisdiction to be: (A) totally mentally incapacitated; or (B) partially mentally incapacitated without the right to vote; 4) have not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities; 5) have resided continuously in the state for 12 months and in the territory from which the office is elected for six months immediately preceding the following date: (A) for a candidate whose name is to appear on a general primary election ballot, the date of the regular filing deadline for a candidate's application for a place on the ballot; (B) for an independent candidate, the date of the regular filing deadline for a candidate's application for a place on the ballot; (C) for a write-in candidate, the date of the election at which the candidate's name is written in; (D) for a party nominee who is nominated by any method other than by primary election, the date the nomination is made; and (E) for an appointee to an office, the date the appointment is made; 6) on the date described by Subdivision (5), be registered to vote in the territory from which the office is elected; and 7) satisfy any other eligibility requirements prescribed by law for the office. 218 ORD 2023-01 Page 3 of 9 Additional requirements are set forth in Article III, Section 3.02, of the Trophy Club Town Charter and are as follows: (a) Each person who becomes a candidate for Mayor or Councilmember shall meet the following qualifications: (1) be at least eighteen (18) years of age on the first day of the form to be filed; (2) be a citizen of the United States; (3) be a qualified voter of the Town; (4) reside and have resided for at least twelve (12) months preceding the election within the corporate limits of the Town; (5) no candidate may file for more than one office or position number per election; (6) no employee of the Town shall continue in such position after becoming a candidate for a Town elective office; and, (7) if any sitting Councilmember files to become a candidate for another public office, he shall resign his current seat upon filing for the new office. SECTION 5. APPLICATION FOR A PLACE ON THE BALLOT For the purpose of the May 6, 2023 Joint General Election and pursuant to Section 143.007 of the Texas Election Code, any eligible and qualified person may have that person's name printed upon the official ballot as a candidate for the office hereinbefore set forth by filing the person's sworn application with the Town Secretary not earlier than January 18, 2023 and not later than 5:00 p.m. on February 17, 2023. Each such application shall be on a form as prescribed by the Texas Election Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the Town Secretary as provided by Section 52.094 of the Texas Election Code. Notice of the time and place for such drawing shall be given in accordance with Section 52.094 of the Texas Election Code. SECTION 6. RUNOFF ELECTION If no candidate receives a majority of all votes cast for all of the candidates for his or her office at such election as required to be lawfully elected, there shall be a runoff election held. The runoff election shall be conducted as required by the Town Charter and the Texas Election Code. Notwithstanding the foregoing, the runoff election date has tentatively been set for June 10, 2023. 219 ORD 2023-01 Page 4 of 9 SECTION 7. ELECTION CONTRACTS Since the Town of Trophy Club is located in both Denton County and Tarrant County, the Mayor, or her designee, is authorized to execute the necessary contracts for the administration of the May 6, 2023 Election to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Denton County Election and/or Tarrant County Election Administrators. Upon approval by the Town Council, a Joint Election Agreement between the Town and the Denton County Elections shall be incorporated herein by reference as Exhibit “A”. Upon approval by the Town Council, a Joint Election Agreement between the Town and the Tarrant County Elections shall be incorporated herein by reference as Exhibit “B”. SECTION 8. ELECTIONS ADMINISTRATION 8.1 Denton County. The Denton County Elections Administrator, Frank Phillips, is hereby appointed as Denton County Early Voting Clerk for the Election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, P.O. Box 1720, Denton, Texas 76202. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit “C” hereto. The main early voting polling place is hereby designated to be Denton County Elections Administration, 701 Kimberly Drive, Denton, Texas 76208. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit “C” hereto; such locations may be changed or additional early voting locations may be added by the Denton County Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. 8.2 Tarrant County. The Tarrant County Elections Administrator, Heider Garcia, is hereby appointed as Tarrant County Early Voting Clerk for the Election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, P.O. Box 961011, Fort Worth, Texas 76161-0011. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit “C” hereto. The main early voting polling place is hereby designated to be Tarrant County Elections Center, 2700 Premier Street, Fort Worth, Texas 76111. Early voting shall be 220 ORD 2023-01 Page 5 of 9 conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit “C” hereto; such locations may be changed or additional early voting locations may be added by the Tarrant County Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. SECTION 9. NOTICE OF ELECTION PUBLICATION Notice of the Election shall be given by posting a notice containing a substantial copy of this Ordinance in both English, Spanish, and Vietnamese at the Town Hall on the bulletin board used for posting notices of the Town Council meetings and by publication of said notice one time in a newspaper of general circulation published within the Town, the date of the publication to be not earlier than the 30th day or later than the 10th day before election day. SECTION 10. CANVASS OF ELECTION Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass the Election not earlier than May 9, 2023 and not later than May 17, 2023. Notice of the time and place for canvass shall be posted on the official bulletin board in the same manner as required by the Open Meetings Act for other Town Council meetings in accordance with the Chapter 551 of the Local Government Code. SECTION 11. VOTING RIGHTS ACT The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code and the Federal Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein. SECTION 12. SEVERABILITY It is hereby declared to be the intent of the Town Council of the Town of Trophy Club that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the Town Council without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. 221 ORD 2023-01 Page 6 of 9 SECTION 13. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter. SECTION 14. EFFECTIVE DATE This Ordinance shall take effect immediately upon adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 14th day of January 2023. 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 222 ORD 2023-01 Page 7 of 9 EXHIBIT “A” JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY ELECTIONS Incorporated By Reference 223 ORD 2023-01 Page 8 of 9 EXHIBIT “B” JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TARRANT COUNTY ELECTIONS Incorporated By Reference 224 ORD 2023-01 Page 9 of 9 EXHIBIT “C” NOTICE FOR EARLY VOTING Incorporated By Reference Trophy Club Denton County voters may only vote at the early voting polling locations as designated and maintained by Denton County throughout the County. Trophy Club Tarrant County voters may only vote at the early voting polling locations as designated and maintained by Tarrant County throughout the County. The Order of Election will be amended at a later date to include early voting sites added due to joint elections with other political subdivisions. Denton County Early voting by personal appearance will be conducted at: Locations designated by Denton County: Monday, April 24 Tuesday, April 25 Wednesday, April 26 Thursday, April 27 Friday, April 28 Saturday, April 29 Sunday, April 30 Monday, May 1 Tuesday, May 2 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 11:00 a.m. to 5:00 p.m. 7:00 a.m. to 7:00 p.m. 7:00 a.m. to 7:00 p.m. Tarrant County Early voting by personal appearance will be conducted at: Locations designated by Tarrant County: Monday, April 24 Tuesday, April 25 Wednesday, April 26 Thursday, April 27 Friday, April 28 Saturday, April 29 Sunday, April 30 Monday, May 1 Tuesday, May 2 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 7:00 a.m. to 7:00 p.m. 10:00 a.m. to 4:00 p.m. 7:00 a.m. to 7:00 p.m. 7:00 a.m. to 7:00 p.m. 225 Page 1 AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT NAME: Town of Trophy Club Trophy Club Drive/Bobcat Roundabout Topographic Survey, Right-of-Way Parcels & SUE Trophy Club, Texas TNP PROJECT NUMBER: _____________ CLIENT: Town of Trophy Club Attn: Wade Carroll, City Manager ADDRESS: 1 Trophy Wood Drive Trophy Club, TX 76262 Town of Trophy Club (CLIENT) hereby requests and authorizes TNP, Inc., (CONSULTANT) to perform the following services: Article I SCOPE OF BASIC SERVICES: Provide Topographic & Boundary Survey for Trophy Club Drive and Bobcat Boulevard Roundabout Intersection Improvements in Trophy Club, Texas as shown in the attached exhibit. A detailed scope of services is included as Attachment 'A' and is made a part hereto. Article II COMPENSATION: Compensation will be based on the following: 1. BASIC SERVICES: The CLIENT agrees to pay the CONSULTANT a fixed fee as follows: Topo Survey: Twenty-five Thousand Dollars ($25,000); Subsurface Utility Engineering (SUE): Twenty-five Thousand Dollars ($30,000); Right-of-Way Parcels: Twelve Thousand Dollars ($12,000)); BASIC SERVICES as outlined and according to Attachment ‘A’. 2. REIMBURSABLE EXPENSES: REIMBURSABLE EXPENSES will consist of printing, reproduction, CAD plotting costs, mileage, delivery charges, submittal fees, and application fees. Standard reimbursable expenses are outlined in Attachment ‘C’. 3. ADDITIONAL SERVICES: ADDITIONAL SERVICES shall be any service provided by the CONSULTANT which is not specifically included in BASIC SERVICES as defined. ADDITIONAL SERVICES shall include, but shall not be limited to: 226 Page 2 a.) Subcontract charges not described in BASIC SERVICES or Attachment ‘A’; b.) Preliminary Plat; c.) Final Plat d.) Environmental Assessments; e.) Property Rezoning; f.) Preparation of Encroachment or Access Agreement; g.) Public Street Improvements; h.) Franchise Utility Extensions or Relocations; i.) Offsite Public Utility Extensions (Water, Sanitary Sewer, and/or Storm Drainage); j.) Water or Sanitary Sewer Study/Modeling; k.) Storm Water Detention Design; l.) Drainage Studies – Integrated Storm Water Management (iSWM) m.) Traffic Impact Analysis (TIA), or other engineering studies; n.) Abstract Services or Easement Research; ADDITIONAL SERVICES shall be considered additional work and shall be reimbursed at standard TNP hourly rates or TNP standard rates for items provided in-house, or direct expenses times a multiplier of 1.10 for non-labor or subcontract. 4. PAYMENT TERMS: CLIENT shall be billed monthly for services rendered and pay promptly upon receipt of invoice. Delays of transmitting payments to CONSULTANT more than 30 days from invoice date may result in cessation of services until payment is received. Article III SCHEDULE: The proposed services shall begin within 5 working days of authorization to proceed. Article IV CONTRACT PROVISIONS: Contract provisions are attached hereto and made a part hereof. Please execute and return a signed copy for our files. Receipt of an executed copy of this contract will serve as notice to proceed. No work shall commence on the project until an executed copy of this contract is received by CONSULTANT. By signing below, the signer warrants that he or she is authorized to execute binding contracts for the CLIENT for the services indicated. Approved by CLIENT: Accepted by CONSULTANT: Town of Trophy Club Teague Nall and Perkins, Inc. By: By: Title: Title: Executive Vice President Date: Date: February 7, 2023 227 Page 3 ATTACHMENT ‘A’ Teague Nall and Perkins, Inc., (TNP) shall render the following professional services (BASIC SERVICES) necessary for the development of the project. SCOPE OF SERVICES: TOPOGRAPHIC SURVEY CONSULTANT shall provide all office and field work necessary to prepare a Topographic Design Survey for Trophy Club Drive and Bobcat Drive. The Topographic Design Survey will identify topography (one foot contours), visible features and above ground improvements including pavement, structures, fences, trees, sidewalks, and other pertinent features within the project area as necessary for engineering design. A minimum of four (4) benchmarks shall be established within or near the survey corridor for use during the design and construction phases of the project at both sites. Texas811 will be notified to coordinate marking of underground utilities. However, lacking excavation, the exact location of underground utilities and features cannot be accurately, completely, and reliably depicted. In some jurisdictions, 811 or other similar utility locate requests from surveyors may be ignored or result in an incomplete response. Where additional or more detailed information is required, the CLIENT is advised that excavation may be necessary. CONSULTANT shall provide all office and field work necessary to perform a boundary surveying to establish existing right-of-ways, including the preparation of a Deed Sketch, a thorough field investigation for property corners and boundary analysis under the direct supervision of a Registered Professional Land Surveyor for use in the development of right-of-way taking documents. All survey information provided by the CONSULTANT will be referenced to Grid North of the Texas Coordinate System of 1983 {North Central Zone No. 4202; NAD83(2011) Epoch 2010} as derived locally from Allterra Central’s continuously operating reference stations via real time kinematic survey methods. Elevations will be referenced to the City of Arlington’s Geodetic Control Network. CONSULTANT shall perform all surveying services in accordance with the General Rules and Procedures of Practice, and the Professional and Technical Standards established by the Texas Board of Professional Engineers and Land Surveyors. SUBSURFACE UTILITY ENGINEERING (SUE) The following represents the general understanding between the Client and Engineer regarding the basis and/or limitations under which these subsurface utility designating and/or locating services are provided: 1. These services will be conducted and provided in general compliance with CI/ASCE 38-02 (Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data). This standard establishes and defines four quality levels for data collection that are briefly described as:  Quality Level D (QL-“D”) – Generally QL-“D” indicates information collected or derived from research of existing records and/or oral discussions.  Quality Level C ( QL-“C”) - Generally QL-“C” indicates information obtained by surveying and plotting visible above-ground utility features and by using professional judgment in correlating this information to QL-“D” information. Incorporates QL-“D” information. (Limited in this scope, this scope is to cover underground utility crossings) 228 Page 4  Quality Level B (QL-“B”) – Generally QL-“B”, also known as “designating” indicates information obtained through the application of appropriate surface geophysical methods to determine the existence and approximate horizontal position of subsurface utilities. Quality level B data should be reproducible by surface geophysics at any point of their depiction. This information is surveyed to applicable tolerances defined by the project and reduced onto plan documents. Incorporates QL-“D” & QL-“C” information.  Quality Level A (QL-“A”) - Generally QL-“A”, also known as “locating”, indicates the precise horizontal and vertical location of utilities obtained by the actual exposure (or verification of previously exposed and surveyed utilities) and subsequent measurement of subsurface utilities, at a specific point. Incorporates QL-“D” QL-“C” & QL-“B” information. 2. These services are for the purpose of aiding the design of the subject project by providing information related to subsurface utilities in order to allow potential utility conflicts to be minimized or eliminated. 3. The Engineer will provide services that meet the standard of care for existing subsurface utility location and mapping as established in CI/ASCE 38-02 by exercising due diligence with regard to records research and acquisition of utility information, including visually inspecting the work area for evidence of utilities and reviewing the available utility record information from the various utility owners. However, the Engineer makes no guarantee that all utilities can or will be identified and shown as there still may be utilities within the project area that are undetectable or unknown. 4. Facilities that are discovered through field investigative efforts by the Engineer but no plan records or ownership data can be identified will be hereafter referred to as unknown. As part of these services, the Engineer will provide QL-C information in the project deliverables for all unknown utilities that may be identified in the field investigation of the project. Designating and/or locating unknown utilities will typically not be part of the initial scope of work but depending on the client’s needs can be added as additional work to address concerns of the project impacts of “unknown” facilities. 5. Ground penetrating radar will not be used as a part of the field investigation of the project site unless that use has been specifically addressed with the scope of services described herein. 6. The documented results produced by these services represent a professional opinion and interpretation based upon record information and/or field evidence. These results may be affected by a variety of existing site conditions, including soil content, depth of the utility, density of utility clusters, and electro- magnetic characteristics of the targeted utilities. Also, the lack of and/or poor condition of a trace wire for non-conductive materials such as PVC, HDPE, etc. in most cases will make the successful detection and location of the utility unlikely. 7. The Engineer will apply professional judgment to determine which utilities require additional field effort and/or methods to properly designate and/or locate, most commonly when record drawings are not available. In such cases, the Engineer will provide a recommendation or request for additional services to the Client. Among other methods, a detectable duct rodder or other conductor may be introduced into the line to enable the designation of the utility. This method is dependent upon approval by the utility owner, as well as access to, size and condition of the utility. 8. None of these services are intended to and should not be understood to relieve the Client or others from the responsibility to comply with the statutory requirements related to notifying the proper one- call system(s) in advance of any and all excavation, grading and/or construction within the project site. SCOPE OF BASIC SERVICES: The scope of subsurface utility designating and/or locating services for this project is described below. Survey services to tie utility crossing marks and/or identifiers placed during the subsurface utility designating and/or locating effort will be provided in this contract. 229 Page 5 1. Quality Level ‘B’ through ‘D’ Utility Information & Designation – TNP will provide utility information, up to QL-“B”, for the school sites as defined in the project limits exhibit provided. Project limits will extend to the nearest curb in adjacent street ROW. This work includes: a. Requesting utility records on all crossing utilities from the Client, public utilities and private utility companies known to provide service within the project area, as well as other sources, in an effort to develop a comprehensive inventory of utility systems likely to be encountered. Record documents may include construction plans, system diagrams, distribution maps, transmission maps, geographic information system data, as well as oral descriptions of the existing systems. The depiction of utilities from records (QL-“C” or “D”) will be based on thorough field and office activities and shall be based on the most reliable indication of position available. b. Visible surface features and appurtenances of subsurface utilities found within the project site will also be evaluated. Using appropriate surface geophysical methods, TNP will search for detectible indications of the location of anticipated subsurface utilities. c. Marking all locations that can be validated, using paint, flags or other devices. d. Preparing documentation of the utilities encountered and marked, including their general location, orientation, type & size, if known. e. Based on ASCE Standard 38-02 standards, a PDF and 2d CADD file depicting the subsurface utilities designated signed and sealed by a Professional Engineer. 2. Quality Level “A” Utility Test Holes – TNP will excavate by air-vacuum or other minimally invasive methods up to four (4) QL-“A” test holes within the project limits in order to identify the exact horizontal & vertical locations of crucial utilities. Unless specified otherwise in this scope, the location of the tests holes will be outside of any paved area. Also, if locating the end of casing is requested the cost will be based on an hourly charge based on the fee schedule below. This work includes: a. Providing all necessary personnel, equipment, supplies, management and supervision needed for the test hole excavation, backfill and restoration. b. Coordinating with Client, property owner, and/or permitting authorities, as needed and obtaining any required permits, permission or rights-of-entry with help from The Client c. Contacting the appropriate one-call system to request utilities to be marked on-the-ground prior to beginning excavation of test holes. d. Providing and utilizing appropriate traffic control devices, as necessary, in conformance with the MUTCD, including any state or locally adopted supplements. (if closures or additional traffic control equipment is needed other than signs and cones additional direct expenses will be charged) e. Preparing documentation for each test hole attempted. This documentation will include the horizontal and vertical position of the targeted utility or structure, a general description of the target utility, with condition, material and general orientation noted, a generalized description of the material encountered in the test hole, and any other field observations noted during the excavation. SUE Obligation of Client The Client should: 1. Render assistance when necessary in obtaining permission from utility owners to allow TNP access to pertinent records and facilities. 230 Page 6 2.Review the definition of quality levels with the Engineer, Contractor/Constructor and other users of this utility information. 3.Notify TNP within a reasonable time frame of any suspected deficiencies in the utility depictions at the specified quality level discovered prior to or during construction. SUE Deliverables 1.Level B – AutoCad DWG 2d (DGN) file depicting all Sub-surface Utilities Designated and ACSII Point List 2.Level A – AutoCad DWG 2d (DGN) file showing X, Y and Z w/ depth, a PDF of the same signed and sealed, Utility Summary Sheet, Individual Sheets on Test Holes and ASCII Point List. ADDITIONAL SERVICES Additional Services: Additional Services are services and products that are not specifically included in this proposal. These items will be billed in accordance with the Schedule of Fees or a negotiated fee. Public Utility Coordination: Consultant will assist the Owner in coordination efforts with the public utility companies (electric, gas and telephone) regarding service for the project and identify easement requirements. If during the coordination process, the public utility requires the Owner/Consultant to design the extension or relocation of any public utility, then that effort will be provided as part of the additional services agreement. Record Drawings: Upon project completion, Consultant will prepare record drawings for the Client based final design plans. If the Engineer is to prepare record drawings based upon marked-up plans provided by the contractor, then a fee can be provided for this Additional Service. Right-of-Way Documents It is anticipated that right-of-way documents will be required to extend public improvements outside of the right-of-way. There will be multiple property owners and easement dedication to respective city or utility providers. a.Title research and deeds obtained of the subject property and the adjoining property owners. b.A thorough investigation of boundary markers/corners will be made on the subject property and the adjoining property. c.A boundary analysis of the property will be made by a Registered Professional Land Surveyor. d.5/8” iron rods with plastic caps “TNP” will be set for property corners where or when necessary. e.A metes and bounds description will be prepared, signed and sealed by a Registered Professional Land Surveyor. f.A survey sketch will be prepared and signed/sealed by a Registered Professional Land Surveyor. Data will be delivered in Texas Coordinate System of 1983 North Central Zone (4202) scaled to Surface with a combined scale factor supplied. 231 Page 7 ATTACHMENT 'B' PROVISIONS 1. AUTHORIZATION TO PROCEED Signing this agreement shall be construed as authorization by CLIENT for TNP, Inc. to proceed with the work, unless otherwise provided for in this agreement. 2. LABOR COSTS TNP, Inc.'s Labor Costs shall be the amount of salaries paid TNP, Inc.'s employees for work performed on CLIENT’s Project plus a stipulated percentage of such salaries to cover all payroll-related taxes, payments, premiums, and benefits. 3. DIRECT EXPENSES TNP, Inc.'s Direct Expenses shall be those costs incurred on or directly for the CLIENT's Project, including but not limited to necessary transportation costs including mileage at TNP, Inc.'s current rate when its, or its employee’s, automobiles are used, meals, lodging, laboratory tests, computer services, telephone, printing and binding charges times a multiplier of 1.10. Reimbursement for these expenses shall be on the basis of actual charges when furnished by commercial sources and on the basis of usual commercial charges when furnished by TNP, Inc. 4. OUTSIDE SERVICES When technical or professional services are furnished by an outside source, an additional amount of 10% (actual cost times a multiplier of 1.10) shall be added to the cost of these services for TNP, Inc.'s administrative costs. 5. OPINION OF PROBABLE COST In providing opinions of probable cost, the CLIENT understands that TNP, Inc. has no control over construction costs or the price of labor, equipment, or materials, or over the Contractor’s method of pricing, and that the opinions of probable cost provided to CLIENT are to be made on the basis of the design professional’s qualifications and experience. TNP, Inc. makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. 6. PROFESSIONAL STANDARDS TNP, Inc. shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in the State of Texas, for the professional and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials furnished under this Authorization. TNP, Inc. makes no other warranty, expressed or implied. 7. TERMINATION Either CLIENT or TNP, Inc. may terminate this authorization by giving 10 days written notice to the other party. In such event CLIENT shall forthwith pay TNP, Inc. in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. 8. MEDIATION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and the ENGINEER agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The CLIENT and the ENGINEER further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants retained also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 9. LEGAL EXPENSES In the event legal action is brought by CLIENT or TNP, Inc. against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. 10. PAYMENT TO TNP, INC. Monthly invoices will be issued by TNP, Inc. for all work performed under the terms of this agreement. Invoices are due and payable on receipt. If payment is not received within 30 days of invoice date, all work on CLIENT’s project shall cease and all work products and documents shall be withheld until payment is received by TNP. Time shall be added to the project schedule for any work stoppages resulting from CLIENT’s failure to render payment within 30 days of invoice date. Interest at the rate of 1½% per month will be charged on all past-due amounts, unless not permitted by law, in which case, interest will be charged at the highest amount permitted by law. 11. LIMITATION OF LIABILITY TNP, Inc.'s liability to the CLIENT for any cause or combination of causes is in the aggregate, limited to an amount no greater than the fee earned under this agreement. 12. ADDITIONAL SERVICES Services not specified as Basic Services in Scope and Attachment ‘A’ will be provided by TNP, Inc. as Additional Services when required. The CLIENT agrees upon execution of this contract that no additional authorization is required. Additional services will be paid for by CLIENT as indicated in Article II, Compensation. 13. SALES TAX In accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales tax is not included in the fee set forth and will be added on and collected when required by state law. Sales tax at the applicable rate will be indicated on invoice statements. 14. SURVEYING SERVICES In accordance with the Professional Land Surveying Practices Act of 1989, the CLIENT is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, MC-230, Austin, Texas 78753, (512) 239-5263. 15. LANDSCAPE ARCHITECT SERVICES The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as landscape architects in Texas. The CLIENT is informed that any complaints about landscape architecture services be forwarded to the Texas Board of Architectural Examiners, Hobby Building: 333 Guadalupe, Suite 2-350, Austin, Texas 78701, Telephone (512) 305-9000, Fax (512) 305-8900. 16. INVALIDITY CLAUSE In case any one or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall not be impaired thereby. 17. PROJECT SITE SAFETY TNP, Inc. has no duty or responsibility for project site safety. Means and methods of construction and jobsite safety are the sole responsibility of the contractor. 18. DRAINAGE CLAUSE The parties to this Agreement recognize that the development of real property has the potential to increase water runoff on downstream properties, and that such increase in runoff increases the possibility of water damage to downstream properties. The CLIENT agrees to indemnify and hold the ENGINEER harmless from any and all claims and damages arising, directly or indirectly, from water or drainage damage to downstream properties resulting from the development and construction of the Project. CLIENT shall not be required to reimburse ENGINEER for any claims or expenses arising out of the Project if it is determined by a court of competent jurisdiction that ENGINEER was negligent in the performance of its duties and obligations, and that ENGINEER’s negligence was the direct cause of damage to a property downstream of the Project. 19. CONSTRUCTION MEANS AND METHODS AND JOBSITE SAFETY Means and methods of construction and jobsite safety are the sole responsibility of the contractor. 232 Page 8 ATTACHMENT ‘C’ Teague Nall and Perkins, Inc. 2023 Standard Hourly Rates Effective January 1, 2023 to December 31, 2023 Hourly Engineering/Landscape Architecture/ROW Billing Rate Principal or Director 270.00 Team Leader 260.00 Senior Project Manager 250.00 Project Manager 200.00 Senior Engineer 260.00 Project Engineer 170.00 Engineer III/IV 140.00 Engineer I/II 130.00 Senior Landscape Architect/Planner 200.00 Landscape Architect / Planner 180.00 Landscape Designer 125.00 Senior Designer 165.00 Designer 150.00 Senior CAD Technician 135.00 CAD Technician 120.00 IT Technician 180.00 Clerical 85.00 ROW Manager 220.00 Senior ROW Agent 175.00 ROW Agent 135.00 Relocation Agent 170.00 ROW Admin 90.00 Intern 80.00 Hourly Surveying Billing Rate Survey Manager 245.00 Registered Professional Land Surveyor (RPLS) 210.00 Field Coordinator 145.00 S.I.T. or Senior Survey Technician 145.00 Survey Technician 120.00 1-Person Field Crew w/Equipment** 155.00 2-Person Field Crew w/Equipment** 185.00 3-Person Field Crew w/Equipment** 210.00 4-Person Field Crew w/Equipment** 230.00 Flagger 55.00 Abstractor (Property Deed Research) 95.00 Small Unmanned Aerial Systems (sUAS) Equipment & Crew 420.00 Terrestrial Scanning Equipment & Crew 265.00 Survey Manager 245.00 Registered Professional Land Surveyor (RPLS) 210.00 Field Coordinator 145.00 S.I.T. or Senior Survey Technician 145.00 Survey Technician 120.00 1-Person Field Crew w/Equipment** 155.00 2-Person Field Crew w/Equipment** 185.00 3-Person Field Crew w/Equipment** 210.00 4-Person Field Crew w/Equipment** 230.00 233 Page 9 ATTACHMENT ‘B’ Teague Nall and Perkins, Inc. 2023 Standard Hourly Rates Effective January 1, 2023 to December 31, 2023 Hourly Surveying Billing Rate Flagger 55.00 Abstractor (Property Deed Research) 95.00 Small Unmanned Aerial Systems (sUAS) Equipment & Crew 420.00 Terrestrial Scanning Equipment & Crew 265.00 Hourly Utility Management, Utility Coordination, and SUE Billing Rate Senior Utility Coordinator 175.00 Utility Coordinator 160.00 Sr. Utility Location Specialist 165.00 Utility Location Specialist 100.00 1-Person Designator Crew w/Equipment*** 155.00 2-Person Designator Crew w/Equipment*** 180.00 2-Person Vac Excavator Crew w/Equip (Exposing Utility Only) 300.00 (4 hr. min.) Core Drill (equipment only) 790.00 per day SUE QL-A Test Hole (0 < 8 ft)**** 2,200.00 each SUE QL-A Test Hole (> 8 < 15 ft)**** 2,700.00 each Hourly Construction Management, Construction Engineering and Inspection (CEI) Billing Rate Construction Inspector I/II 110.00 Construction Inspector III 120.00 Senior Construction Inspector 140.00 Construction Superintendent 185.00 Senior Project Manager 250.00 Construction Manager 200.00 Senior Construction Manager 250.00 Construction Records Keeper 120.00 Direct Cost Reimbursables A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots, photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or separate accounting of these items will be performed by TNP. Any permit fees, filing fees, or other fees related to the project and paid on behalf of the client by TNP to other entities shall be invoiced at 1.10 times actual cost. Notes: All subcontracted and outsourced services shall be billed at rates comparable to TNP’s billing rates above or cost times a multiplier of 1.10. * Rates shown are subject to change in subsequent years. ** Survey equipment may include truck, ATV, Robotic Total Station, GPS Units and Digital Level. *** Includes crew labor, vehicle costs, and field supplies. ****Does not include Level B Designating effort. 234 Page 10 ATTACHMENT ‘D’ SITE PLAN 235 Page 1 of 2 To: Mayor and Town Council From: Wade L. Carroll, Town Manager CC: Tamara Smith, Assistant to the Town Manager Re: Trophy Club Drive/Bobcat Boulevard Topographic and Boundary Survey Town Council Meeting, February 14, 2023 Agenda Item: Consider approval to enter into a topographic and boundary survey contract for an intersection improvement roundabout at Trophy Club Drive and Bobcat Boulevard in Trophy Club; the total amount for Basic Services is $33,500, funded as a one-time expenditure from the unassigned fund balance of the General Fund; and authorizing the Town Manager to sign necessary documents. Strategic Link: Safety & Security-Prioritize Traffic Safety Background and Explanation: Town staff has received a professional services contract from Teague Nall and Perkins, Inc. for a Topographic Survey, Subsurface Utility Engineering (SUE), and Right-of-Way. These Basic Services are needed to proceed with acquiring the land necessary for the roundabout at Trophy Club Drive and Bobcat Boulevard. Basic Services will commence within five working days of approved authorization to proceed. Costs include three sections. Topographic Survey for $25,000, Subsurface Utility Engineering (SUE) for $30,000, and Right-of-Way Parcels for $12,000. Denton County has agreed to split costs 50/50 with a total cost to the Town of $33,500. Topographic Survey will consist of identifying improvement areas above ground. Subsurface Utility Engineering (SUE) aids the design by identifying subsurface utilities and potential utility conflicts. The Right-of-Way parcels will be documentation of extending public improvements outside the right-of-way. The approval of this assessment will support our Town's long-term strategic goals for prioritizing traffic safety within the Town of Trophy Club. 236 Page 2 of 2 Financial Considerations: The total amount of $33,500 will be amended at the end of Fiscal Year 2023. Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends approval of the contract with TNP for a topographic and boundary survey Attachments: •Authorization for Professional Services Project Contract Mayor Alicia Fleury or designee 237 Page 1 of 2 To: Mayor and Town Council From: Wade Carroll, Town Manager CC: Anita Otterson, Town Secretary Re: Amendment to Interlocal Agreement for water and wastewater service from the MUD February 14, 2023 Agenda Item: Consider and take appropriate action regarding an amendment to the current interlocal agreement with the Trophy Club Municipal Utility District #1 for water and wastewater service. (W. Carroll) Strategic Link: This item relates primarily to the following strategic priorities and goals of the Town’s strategy map. Infrastructure and Development- Develop a long-term evaluation and maintenance plan for all Town owned infrastructure Background and Explanation: During the development process for Falcon and Aspen Estates, (7H & 8H respectively) the Town is required to ensure that utilities are available for the development. When the Interlocal Agreement (ILA) with the Trophy Club Municipal Utility District #1 (MUD) for water and wastewater service was reviewed, it was observed that the current ILA only included properties whose water and wastewater infrastructure was financed through the PID. The attached amendment to the ILA has been expanded to include all properties within Town limits that are outside the boundaries of the MUD. The ILA ensures that water and wastewater service, maintenance of all infrastructure and asset management is performed by the MUD in exchange for annually agreed upon usage rates. It also requires that all service, maintenance and replacement conforms to American Water Works Association best practices and standards. The ILA will be presented to the MUD for consideration at their February 15, 2023 meeting. 238 Page 2 of 2 Financial Considerations: All costs associated with future service, maintenance and asset management within the ILA are paid for within the rate structure imposed by MUD and approved by this Council annually. Legal Review: This ILA was developed by our outside law firm, Fancher Legal PLLC and was sent to the MUD for their initial review on January 26, 2023. Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends approval of the First Amendment to the Wholesale Water and Wastewater Services ILA between the Town of Trophy Club and the Trophy Club Municipal Utility District #1. Attachments: •Current ILA for Wholesale Water and Wastewater Services •Proposed First Amendment to Wholesale Water and Wastewater Services ILA Town Council Approval: Mayor Alicia Fleury or designee 239 AMENDED AND RESTATED CONTRACT FOR WHOLESALE WATER SUPPLY AND WASTEWATER TREATMENT SERVICES AND WATER AND WASTEWATER OPERATIONAL SERVICES This Amended and Restated Contract for Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater Operations Services Contract") is entered into as of L l , 2014 (the "Effective Date") between THE TOWN OF TROPHY CLUB, TEXAS, a home rule municipality located in Denton and Tarrant Counties (hereinafter "Town") and TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, a conservation and reclamation District of the State of Texas in Denton and Tarrant Counties created and operating pursuant to Chapters 49 and 54 of the Texas Water Code (hereinafter MUD"). Recitals WHEREAS, MUD currently supplies retail water and wastewater services to those customers located within the corporate boundaries of MUD; and WHEREAS, Town currently provides water and wastewater services to a certain portion of property located within the territorial boundaries of Town which property is not located within the boundaries of MUD nor is provided retail water or wastewater services therefrom, hereinafter referred to as the "Property" and more fully described in Exhibit "A"; and WHEREAS, Town and MUD previously entered into the following contracts providing for the provision of wholesale water and wastewater services, and contract operation services, by MUD to Town: (i) "Contract for Water Supply and Wastewater Treatment" dated November 20, 2407, as amended by that certain "First Modification of Contract for Water Supply and Wastewater Treatment" dated ,July 7, 2008 (hereafter, the "2007 Wholesale Contract"); and ii) "Contract for Water and Wastewater Operational Services" dated November 12, 2007 as subsequently amended on July 7, 2008 and November 19, 2013 hereafter, the °2007 Operations Contract"); WHEREAS, Town and MUD desire to amend and restate the 2007 Wholesale Contract and to terminate the 2007 Operations Contract; WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter 791, et seq., as amended (the "Act") provides authority for governmental entities of the State of Texas to enter into interlocal contracts with each other regarding governmental functions and services as set forth in the Act; and WHEREAS, the provision of wholesale water and wastewater services by MUD to Town, and the provision of operational services by MUD to Town, are Page 1 of 28 240 valid governmental functions necessary for the public health, safety and welfare for which an interlocal contract is allowed pursuant to the Act; and WHEREAS, each Party hereto paying for the performance of governmental functions or services shall make such payments from current revenues legally available to the paying Party and each Party hereby finds and agrees that it is fairly compensated for the services or functions performed under the terms of this Contract. NOW, THEREFORE, Town and MUD, for and in consideration of the recitals set forth above and terms and conditions below, agree as follows: ARTICLE I. INCORPORATION I DEFINITIONS I EXHIBITS 1.1 Incorporation of Recitals. The foregoing recitals are agreed upon and incorporated herein as a part of this Contract. 1.2 Definitions. Unless the content indicates others, the following words used in this Contract shall have the following meanings: 2007 Operations Contract means that certain "Contract for Water and Wastewater Operational Services" dated November 12, 2007 entered into by MUD and Town, as subsequently amended on July 7, 2008 and November 19, 2013. 2007 Wholesale Contract means that certain "Contract for Water Supply and Wastewater Treatment" dated November 20, 2007", as amended by that certain "First Modification of Contract for Water Supply and Wastewater Treatment" dated July 7, 2008 entered into by Town and MUD, as amended. Annual Capital Improvements and Maintenance Charge has the meaning set out in Section 7.2. Annual Debt Service Requirement has the meaning set out in Section 7.2. Certified Assessed Valuation means the most current certified assessed valuation from the County Tax -Assessor collector as of August 1 of a calendar year. Commission or TCEQ means the Texas Commission on Environmental Quality and any successor or successors exercising any of its duties and functions. Emergency means a sudden unexpected happening; an unforeseen occurrence or condition; exigency; pressing necessity; or a relatively permanent Page 2 of 28 241 condition or insufficiency of service or of facilities resulting from causes outside of the reasonable control of MUD. The term includes Force Majeure and acts of third parties that cause the MUD Water System or MUD Wastewater System to be unable to provide the Wholesale Water Services or Wholesale Wastewater services agreed to be provided herein. EPA means the Environmental Protection Agency and any successor or successors exercising any of its duties and functions. Fort Worth Impact Fee means the charge imposed by Fort Worth pursuant to Chapter 395 of the Local Government Code under the Fort Worth Water Contract. Fort Worth Water Contract means the Contract for Water Service Between the City of Fort Worth, Texas, and Trophy Club Municipal Utility MUD No. 1, dated November 16, 2010, as amended. Infiltration and Inflow means water that enters a wastewater collection system through physical defects in the system or from other point sources. MUD means Trophy Club Municipal Utility District No. 1. MUD Wastewater System means the wastewater collection lines, lift stations, pipes, valves, meters, pumps, motors, treatment plant, effluent discharge lines, and other facilities, equipment and appurtenances thereto owned or controlled by the MUD, and any expansions, improvements, enlargements, additions and replacements thereto. MUD Water System means the water supply, treatment, storage, transmission, pumping and distribution system of the MUD and appurtenances thereto, and any expansions, improvements, enlargements, additions and replacements thereto. Operations Services has the meaning set out in Section 5.2. Parties or Party shall mean either one or more of MUD or Town or both, as the context provides. Permit means Permit No. WQ0011593-001 held by MUD authorizing the treatment and disposal of treated wastewater effluent. Person(s) means an individual, corporation, partnership, association, joint venture or any other third party legal entity. Points of Connection of Wastewater means that point or points where Town Wastewater Collection System connects to MUD's Wastewater System. Page 3 of 28 242 Points of Connection of Water means that point or points where Town Water System connects to MUD's Water System. Property means the approximately 809 -acre tract of land located within the corporate boundaries of Town shown in the attached Exhibit "A". Retail Customer Charge has the meaning set forth in Section 7.1. Town means the Town of Trophy Club, Texas, a home -rule municipality located in Denton and Tarrant Counties, Texas, and all land included within the territorial limits and extraterritorial jurisdiction of Town, at Town's creation and thereafter annexed from time to time. Town Customers means any Person(s) residing within the Property and who have the right to receive. who contract to receive or otherwise are receiving Water and/or Wastewater Services from Town Water Distribution System and/or Town Wastewater Collection System. Town Rate Order means an order adopted by Town setting out the rates and fees for retail water and wastewater services for Town Customers, including without limitation administrative fees, customer deposits, usage rates, late charges, returned check fees, disconnect fees, meter re -read fees, and after- hours service fees, and any Town Surcharge. Town Surcharge has the meaning set forth in Section 7.1 (d). Town Wastewater Collection System means the Wastewater system constructed and owned by Town for the collection of Wastewater received from Town Customers, ending at the Points of Connection of Wastewater_ Town Water Distribution System means the water distribution system constructed and owned by Town for the distribution of potable water received from MUD to Town Customers, beginning at the Points of Connection of Water, including any elevated storage tanks and pumping facilities. The Town Water Distribution System shall not include any Wells. Utility Fee has the meaning set out in Section 7.4. Utility Fee Remainder has the meaning set out in Section 7.4. Wastewater means the water -carried wastes, exclusive of ground, surface, and storm waters, normally discharged from the sanitary conveniences of dwellings, including apartment houses, hotels, offices buildings and institutions, of a domestic, not industrial, nature, and that meets the requirements of this Contract. Page 4 of 28 243 Water or Water Supply means potable water that meets federal and state standards for consumption by humans, Wells means any and all potable water wells that may be constructed within the Property or for the benefit of the Property by Town or its designee. Wholesale Wastewater Services means the wholesale wastewater treatment and disposal services provided by MUD in accordance with the terms and conditions of this Contract in receiving, treating, testing, and disposing of Wastewater from Town Wastewater Collection System in accordance with this Contract. Wholesale Water Services means the wholesale services provided by MUD in furnishing a wholesale supply of Water to Town at the Points of Connection of Water. 1.3 Exhibits. The following Exhibits attached to this Contract are hereby made a part of the Contract as though fully incorporated herein; Exhibit "A" - The Property Exhibit "B" - Points of Connection of Water and Wastewater ARTICLE II. EFFECT ON PRIOR CONTRACTS 2.1 2007 Operations Contract. As of the Effective Date, the 2007 Operations Contract shall terminate for all purposes; provided, however, the terms and conditions set forth therein relating to payment by Town to MUD for services shall remain in effect until such time as MUD commences collection of the Retail Customer Charge under this Contract. 2.2 2007 Wholesale Contract. As of the Effective Date, the 2007 Wholesale Contract shall be amended and restated by this Contract. 2.3 Prior Revenues. MUD shall be entitled to collect and retain all revenues for any and all water and wastewater services rendered to Town Customers prior to the Effective Date pursuant to the 2007 Operations Contract and 2007 Wholesale Contract, including any such revenues received after the Effective Date. The Parties agree that it is their mutual intent that the MUD shall continue to receive all payments under the 2007 Operations Contract and 2007 Wholesale Contract until such time as any payments under this Contract can be collected in lieu thereof. Page 5 of 28 244 ARTICLE III. WHOLESALE WATER SERVICES 3.1 Points of Connection of Water. MUD shall deliver a wholesale supply of Water to Town Water Distribution System at the existing Points of Connection of Water. Any additional Points of Connection of Water must be at locations mutually agreed upon in writing by the Parties. 3.2 Quantity of Wholesale Water Services. Subject to the terms of this Contract, MUD agrees to purchase and transport to Town a supply of Water: (i) in a quantity that meets all regulatory requirements for public water systems applicable to the provision of retail water service by Town to Town Customers located within the Property; and (ii) to be made available according to the same terms, conditions and limitations that MUD furnishes a supply of Water to its retail customers. MUD agrees that, for purposes of compliance with 30 Texas Administrative Code Sec. 290,45(f), the maximum authorized daily purchase rate shall be not less than 0.6 gallons per minute, and the maximum hourly purchase rate plus actual service pump capacity shall be at least 2.0 gpm per connection or provide at least 1,000 gpm and be able to meet peak hourly demands, whichever is less. 3.3 Resale Prohibited, Town shall not provide or sell Water received under this Contract to any person entity, private or public, other than Town's retail customers located within the Property, without MUD's prior written consent. The Parties agree that as of the Effective Date, MUD has not provided any such consent and Town does not provide retail water or wastewater service to any customers located outside the Property. 3.4 Sole Provider, MUD will be the sole source of Wholesale Water Services to Town for the Property unless MUD consents in writing to Town's conversion to another wholesale provider. Under the terms and conditions set forth herein, MUD shall be entitled to provide Wholesale Water Services to Town for the Property from any source available to MUD. 3.5 Title to Water. Title to the water purchased by MUD and transported to Town under this Contract shall remain with MUD at all times until it reaches the Points of Connection of Water. At the Points of Connection of Water, title to the Water shall pass to the Town. 3.6 Conservation and Drought Planning. Town will adopt a water conservation plan and a drought contingency plan in compliance with TCEQ rules, 30 Texas Administrative Code, Chapter 288, with provisions at least as stringent as the provisions of the existing MUD Water Conservation and Drought Contingency Plan. MUD shall provide Town with any amended or revised MUD Water Conservation and Drought Contingency Plan upon adoption, and Town will adopt a water conservation plan and a drought contingency plan in compliance with TCEQ rules, 30 Texas Administrative Code, Chapter 288, with provisions at Page 6 of 28 245 least as stringent as the provisions of the amended or revised MUD Water Conservation and Drought Contingency Plan within sixty (60) days of Town's receipt of the amended or revised MUD Water Conservation and Drought Contingency Plan, Town specifically agrees that upon institution of any mandatory water conservation or drought contingency restrictions by MUD upon its customers, MUD shall impose identical restrictions upon Town Customers as part of the Operational Services until and unless Town has adopted more stringent restrictions, in which event MUD shall enforce Town's more stringent restrictions upon Town Customers, 3.7 Plumbing Regulations, MUD and Town both covenant and agree to adopt and enforce adequate plumbing regulations with provisions for the proper enforcement thereof, to ensure that neither cross -connection nor other undesirable plumbing practices are permitted. Plumbing regulations adopted by Town shall be not less stringent than those adopted by MUD. 3.8 Curtailment of Service, If water service is curtailed by MUD to other customers of the MUD Water System, MUD may impose a like curtailment on Wholesale Water Services delivered to Town under this Contract. MUD will impose such curtailments in a nondiscriminatory fashion. The Parties agree that they will not construe this Contract to prohibit MUD from curtailing service completely in the event of a maintenance, operation or Emergency for a reasonable period necessary to complete such maintenance operations or repairs or respond to an Emergency circumstance. Town acknowledges and agrees that the MUD's provision of Wholesale Water Services under this Contract is subject to applicable provisions of the MUD Water Conservation and Drought Contingency Plan. 3.9 Water Service Rules, Regulations and Policies. Within sixty (60) days of the Effective Date, Town agrees to adopt retail water service rules, regulations and policies with provisions at least as stringent as, and not inconsistent with, the provisions of the existing MUD water service rules, regulations and policies (the MUD Service Rules and Policies"). MUD shall provide Town with any amended or revised water service rules, regulations and policies upon adoption, and Town will adopt provisions at least as stringent as the provisions of the amended or revised MUD service rules, regulations or policies within sixty (60) days of Town's receipt of the amended or revised MUD service rules, regulations and policies. 3.10 Consumer Confidence Report. Town shall timely adopt a consumer confidence report in accordance with all regulatory requirements, and to conduct any public hearing relating thereto. MUD agrees to furnish all required data and information required for Town to prepare the report and a draft of the report to Town for Town's approval, and further agrees to distribute the approved report to all Town customers upon receipt from Town as part of the Operations Services to be provided hereunder. Page 7 of 28 246 ARTICLE IV. WHOLESALE WASTEWATER SERVICES 4.1 Points of Connection of Wastewater. MUD shall receive Wastewater from Town Wastewater Collection System at the existing Points of Connection of Wastewater. Any additional Points of Connection of Wastewater must be at locations mutually agreed upon in writing by the Parties. 4.2 Wholesale Wastewater Service. a) Subject to the terms and conditions of this Contract and the requirements of applicable law, MUD agrees to provide Wholesale Wastewater Services to Town: (i) in a quantity that meets all regulatory requirements applicable to the provision of retail wastewater service by Town to Town Customers located within the Property; and (ii) according to the same terms, conditions and limitations that MUD furnishes wastewater service to its retail customers. b) Town agrees that it shall adopt and enforce: (1) wastewater service rules and policies at least as stringent as, and not inconsistent with, the MUD Service Rules and Policies; and (ii) any pretreatment requirements for its retail customers as may be necessary to cause the quality of Wastewater Town delivers to the MUD Wastewater System pursuant to this Contract to meet the requirements of this Contract and the MUD Service Rules and Policies. MUD shall be responsible for the quality of any Wastewater collected from MUD customers and passed through the Town Wastewater Collection System to the MUD Wastewater System. c) MUD shall be entitled to collect samples of Wastewater at or near the Point(s) of Connection into the MUD Wastewater System or from any point within the Town Wastewater Collection System and cause the same to be analyzed in accordance with accepted methods in the industry to determine if such Wastewater complies with the MUD Service Rules and Policies and any pretreatment requirements. If analysis discloses that the Wastewater does not comply with the MUD Service Rules and Policies and any pretreatment requirements, Town shall be obligated to require the offending originator to immediately cease discharging such Wastewater into the Town Wastewater Collection System or to pretreat such Wastewater such that the discharge of prohibited Wastewater ceases immediately. 4.3 Sole Provider. MUD will be the sole source of Wholesale Wastewater Service to Town for the Property unless MUD consents in writing to Town's conversion to another wholesale provider. Under the terms and conditions set forth herein, MUD shall be entitled to provide Wholesale Wastewater Service to Town for the Property from any source of treatment capacity available to MUD. Page 8 of 28 247 4.4 Wholesale Service Commitment Not Transferable. MUD's commitment to provide Wholesale Wastewater Service is solely to Town and solely for the Property. Town may not assign or transfer in whole or in part its right to receive Wholesale Wastewater Service without MUD's prior written consent. 4.5 Curtailment of Service. The Parties agree that, if Wastewater service is curtailed by MUD to other customers of the MUD Wastewater System, MUD may impose a like curtailment on Wholesale Wastewater Service delivered to Town under this Contract. The MUD will impose such curtailments in a nondiscriminatory fashion. The Parties agree that they will not construe this Contract to prohibit MUD from curtailing service completely in the event of a maintenance operation or Emergency for a reasonable period necessary to complete such maintenance operations or repairs or respond to an Emergency circumstance. 4.6 Town Prevention of Infiltration and Inflow. Town will adopt and enforce such ordinances as are reasonably necessary or prudent to minimize Infiltration and Inflow to the Town Wastewater Collection System, and such ordinances shall be at least as stringent as, and not inconsistent with, the MUD's Service Rules and Policies. Town will prohibit the discharge of drainage water and stormwater run-off into the Town Wastewater Collection System. 4.7 Liability of Town. As between the Parties, liability for damages to third persons arising from the reception, transportation, delivery, treatment and disposal of all Wastewater will remain with Town to each Point of Connection of Wastewater; provided, however, that if any such liability to third parties arises directly out of an act or omission of MUD in the provision of Operations Services, then the MUD will pay all costs and expenses arising out of such liability as part of the Operations Services provided hereunder. Town agrees that any sewer backups caused by force majeure, intrusion of roots into the Town Wastewater Collection System, defects in construction of the Town Wastewater Collection System or other circumstances that are not under the direct control of MUD do not arise out of the act or omission of MUD, and MUD shall have no liability in connection therewith. As between the Parties, liability for damages to third persons will pass to MUD at the Points of Connection of Wastewater to the MUD Wastewater System. 4.8 Liability of MUD. Subject to the foregoing, MUD will bear the responsibility as between the Parties for the proper reception, transportation, treatment, and disposal of such Wastewater received by it at each Point of Connection of Wastewater in accordance with the Contract. However, the Parties agree that they will not construe this Contract to cause MUD to have liability for damages to the MUD Wastewater System or to third persons arising from the delivery by Town of any Wastewater that is prohibited under this Agreement. Similarly, this Contract shall not be construed as a waiver of any governmental immunity that MUD or Town may enjoy with respect to any claims brought by third party persons or entities. Page 9 of 28 248 4.9 MUD Treatment and Use of Wastewater. MUD may treat the Wastewater delivered by the Town pursuant to this Contract and dispose of the effluent generated thereby in such manner as may be provided in the Permit or other TCEQ authorization in its sole discretion; provided, however, that if MUD has effluent available, as determined in MUD's discretion, then MUD will make available all or part of such effluent to Town at Town's request in accordance with all terms and conditions of the MUD Service Rules and Policies relating to the use of wastewater effluent for irrigation customers, as modified from time to time. To the extent allowed by law, MUD will make effluent available to Town at no charge. Town shall be responsible for the acquisition or construction of all facilities and improvements required to transport effluent from the MUD Wastewater System to the place of use, and any modifications to the MUD's Wastewater System, at Town's sole expense. The design of all such improvements and modifications shall be subject to MUD's prior approval. Town shall also be responsible for securing at its sole cost and expense all regulatory approvals required for the delivery and use of effluent. Notwithstanding any provision herein to the contrary, the Town acknowledges and agrees as follows: i) that Trophy Club Country Club shall have an opportunity to purchase any excess Wastewater effluent prior to such effluent being made available to Town and (ii) Town may not furnish or resell to third parties any Wastewater effluent. 4.10 Wastewater Service Rules, Regulations and Policies. Within sixty (60) days of the Effective Date, Town agrees to adopt wastewater service rules, regulations and policies with provisions at least as stringent as, and not inconsistent with, the provisions of the existing MUD wastewater service rules, regulations and policies ("MUD Service Rules and Policies"). MUD shall provide Town with any amended or revised wastewater service rules, regulations and policies upon adoption, and Town will adopt provisions at least as stringent as the provisions of the amended or revised MUD service rules, regulations or policies within sixty (60) days of Town's receipt of the amended or revised MUD service rules, regulations and policies. ARTICLE V. OPERATIONS SERVICES RELATED TO TOWN WATER DISTRIBUTION SYSTEM, TOWN WASTEWATER COLLECTION SYSTEM, AND TOWN WELLS 5.1 Town's Obligation to Construct Town Water Distribution System and Town Wastewater Collection System. Town shall continue to design and construct, at its sole cost and expense, the Town Water Distribution System and a Town Wastewater Collection System to provide retail water and wastewater service to Town Customers. The Town Water Distribution System shall include all facilities necessary to store Water and to convey Water from the Points of Connection of Water to Town Customers. The Town Wastewater Collection System shall include all facilities necessary to transport Wastewater from Town Customers to the Points of Connection of Wastewater. The Parties specifically agree that the MUD shall have no obligation whatsoever to construct new Page 10 of 28 249 improvements within, or as part of, the Town Water Distribution System or the Town Wastewater Collection System to serve new development or new land uses within the Property. 5.2 Provision of MUD Operations Services. a) MUD agrees to provide the following contract operation, maintenance, meter reading, billing and reporting functions (collectively, the Operations Services") to Town in connection with the Town Water Distribution System and Town Wastewater Collection System: 1) Operating and maintaining the Town Water Distribution System and Town Wastewater Collection System in the same manner as the MUD operates and maintains the MUD Water System and the MUD Wastewater System; 2) Repairing and replacing the Town Water Distribution System and Town Wastewater Collection System (but excluding any expansions) in the same manner as the MUD repairs and replaces the MUD Water System and the MUD Wastewater System as necessary to provide continuous and adequate service in accordance with all regulatory requirements; 3) Reading individual meters of Town retail customers on behalf of Town; 4) Billing, collecting from, and responding to service calls from Town Customers; 5) Dead-end water flushes; 6) Prepare and filing certain operational and compliance reports required by law, including those required by the Commission or EPA relating to operation of the Town Wastewater Collection System or Town Water Distribution System, as more particularly described in Section 5.2(e) below; 7) Preparing and furnishing to Town a monthly operational report including the same detail and information prepared by the MUD for its own system; 8) Providing a representative, upon prior request of Town, to present reports at regular Town Council meetings regarding service matters; and 9) Cooperating with respect to any inspection of the Town Wastewater Collection System or Town Water Distribution System by TCEQ, EPA or any other regulatory entity. Page 11 of 28 250 b) MUD will provide Operations Services to Town under this Contract in compliance with all applicable, federal, state, and local laws, rules and regulations, and in the same manner that it provides those services to retail water and wastewater customers within the MUD. if MUD's failure to comply with all applicable, federal, state, and local laws, rules and regulations for which it is responsible under this Contract results in fines or penalties against Town of any kind or any requirement that Town take corrective action by any governmental agency having jurisdiction, then MUD shall pay such fines and penalties, and shall undertake such correction, as part of the Operations Services provided hereunder; provided, however, that notwithstanding any provision in this Contract to the contrary, MUD shall have absolutely no responsibility to pay any costs, fines or penalties that arise out of any of the following: (i) the design or construction of the Town Wastewater Collection System or Town Water Distribution System; (ii) the introduction of prohibited Wastewater by any customer of the Town into the Town Wastewater Collection System for which the Town has not taken immediate enforcement action; (iii) any action, decision, inaction or delay of the Town that contributes to the circumstance or condition that results in the violation, fine or penalty; (iv) matters which are outside the scope of Operations Services to be provided by MUD; and (v) matters that are outside the reasonable control of the MUD, including acts of force majeure and acts of third parties. c) As an independent contractor, MUD shall work independently and exercise its own judgment in providing the Operations Services. Town shall have no control over the means or methods of the MUD's work, except that MUD shall provide Operations Services in a professional and workmanlike manner consistent with the standards by which it furnishes services to its own retail water and wastewater customers, and shall comply with all applicable local, state and federal laws, rules and regulations. d) Town acknowledges that the Operations Services do not include any services or obligations not specifically set forth in this Contract. By way of example and without limitation, the Operations Services do not include design or construction of extensions to the Town Wastewater Collection System or Town Distribution System; plumbing inspections; construction inspections; records retention; filing of plans for new infrastructure improvements with regulatory authorities; legislative functions such as adoption of policies, rates and service rules; or enforcement of Town ordinances, rules, regulations or policies.. e) As part of the Operations Services, MUD shall prepare, execute and file on behalf of Town those operations and sampling reports and filings that may legally be executed by an operator of a public water or wastewater system on behalf of the owner. With respect to those reports, plans and filings that must be executed or filed directly by the owner of the public water or wastewater system, MUD shall prepare a draft report, plan and/or filing for Town, but Town shall be solely responsible for final approval, execution and filing thereof. The Page 12 of 28 251 Parties agree that the data to be furnished by MUD for purposes of preparing reports, filings and plans on behalf of Town shall be operational and sampling data obtained by MUD in connection with providing the Operations Services, and Town shall be responsible for gathering and furnishing other data not generated as a result of operating the Town Water Distribution System and Town Wastewater Collection System, such as Town population data. 5.3 Wells. Town has sole discretion regarding the specifications for, number and location of Wells that may be constructed by Town. Any and all Wells constructed by or at the direction of Town or dedicated to Town shall be owned and operated by Town, and are outside the scope of Operations Services to be furnished by MUD. No Wells shall be connected to the Town Water Distribution System without the prior consent and approval of the MUD. MUD has sole discretion regarding the specifications for, number and location of Wells that may be constructed by MUD. 5.4 Cooperation. a) Town agrees to fully cooperate with MUD in connection with the provision of Operations Services by MUD. By way of example and without limitation, Town shall not prevent, hinder or impair MUD's access to the Town Wastewater Collection System or Town Water Distribution System. Similarly, in the event Town receives any notices, correspondence, notices of enforcement action, inspection reports, customer correspondence or other information relating to water or wastewater services, operations or water or wastewater facilities, it shall provide a copy thereof to MUD as soon as reasonably practical. Town shall also timely execute any operations reports or filings that must be executed by an authorized representative of Town, and shall fully cooperate as necessary to allow MUD to file any regulatory reports or filings that MUD files on behalf of Town as part of the Operations Services. b} The Parties agree to fully cooperate and provide notice to each other as soon as practicable regarding emergencies and events that materially impact water and wastewater service. c} The Parties will fully cooperate to respond to alleged violations or enforcement action pertaining to water and wastewater services. 5.5 Approvals for MUD Bonds Relating to Town Infrastructure. The Parties acknowledge and agree that the Operations Services to be provided by MUD include necessary repairs or replacement of the Town Wastewater Collection System or the Town Water Distribution System. In the event that MUD seeks to issue bonds for funding any such repairs or replacements and TCEQ withholds approval for the issuance of such bonds, or the Attorney General of the State of Texas refuses to render an opinion approving the validity of bonds issued by MUD for such purposes, then the Parties agree to fully cooperate as necessary to cause such repair or replacement to proceed without delay at no Page 13 of 28 252 additional cost to Town. MUD shall have no obligation to undertake any such repair or replacement until an alternative funding source is identified and agreed upon by the Parties, 5.6 Elevated Storage Tank. The Parties acknowledge that the Town Water Distribution System includes an elevated storage tank to which both Parties contributed funding. As part of the Operations Services, MUD shall operate the elevated storage tank to provide and maintain pressure to customers of both the Town Water Distribution System and the MUD Water System in accordance with all applicable regulatory requirements applicable to both systems. 5.7 Insurance. MUD agrees to secure and maintain insurance for the Town Water Distribution System and Town Wastewater Collection System at MUD's sole cost and expense. The Parties mutually agree that any payments of insurance under any such policies should go to MUD for purposes of repair or replacement of Town infrastructure. In the event that the insurance company tenders payment of the insurance proceeds to Town for any reason, Town agrees to immediately remit all such insurance proceeds to MUD, which shall utilize the proceeds for repair or replacement of Town infrastructure, or if the amount of the proceeds exceeds the cost of the repair or replacement, MUD shall credit such excess proceeds to the Annual Capital Improvements and Maintenance Charge due from Town. ARTICLE VI. CHARGES TO TOWN 6.1 Charges to Town for Wholesale Water Service, Wholesale Wastewater Services and Operational Services. The MUD charges to Town for Wholesale Water Services, Wholesale Wastewater Services, and Operational Services shall consist of the following: a) The Retail Customer Charge; b) The Annual Capital Improvements and Maintenance Charge; c) Fort Worth Impact l=ees; and d) Utility Fees. ARTICLE VII. BILLING AND PAYMENT 7.1 Retail Customer Charge. a) Within thirty (30) days of the Effective Date, Town shall adopt the Town Rate Order. Except as provided in Section 7.1(d) below, the Town Rate Order shall be identical to the existing MUD Rate Order, MUD shall provide to Page 14 of 28 253 Town any amended or revised MUD Rate Order adopted by MUD not later than sixty (60) days before the effective date of any new rates and charges, and Town shall adopt a Town Rate Order identical to the amended or revised MUD Rate Order within sixty (60) days of Town's receipt of the amended or revised MUD Rate Order, such that the effective date of any changes to the Town Rate Order and MUD Rate Order shall be identical. In the event that in connection with any rate proceeding TCEQ (or the Public Utility Commission of Texas) changes any MUD rates, fees or charges, MUD shall provide immediate notice thereof to Town and Town shall use its best efforts to change the Town Rate Order immediately, including by calling a special meeting if necessary. b) As part of the Operations Services provided to Town, MUD shall bill and collect amounts due from Town Customers under the Town Rate Order for the provision of retail water and wastewater services. Such billing and collection shall be conducted by MUD in the same manner of billing and collections performed by MUD for retail water and wastewater service furnished by MUD to its retail customers in the MUD boundaries. c) Town hereby authorizes MUD to collect all monthly payments from Town Customers under the Town Rate Order and to directly deposit such payments into the MUD bank accounts. MUD shall keep one hundred percent 100%) of all collections from Town Customers, except as provided in Section 7.1(d) below. All such payments collected by MUD from Town Customers under the Town Rate Order identical to the rates, fees and charges of MUD are collectively referred to herein as the "Retail Customer Charge." d) Town shall have the right at any time to modify its rate order to include separate fees and charges in addition to those billed and charged by MUD. Any such additional Town fees or charges (a "Town Surcharge") shall be separately identified on the MUD's bill to Town Customers. Town shall give MUD not less than 60 days prior written notice of any such additional Town charge, Except as provided in Section 7.2(d) below with respect to the levy and collection of a Town Surcharge for payment of the Annual Capital Improvements and Maintenance Charge, MUD shall remit payment of any such additional Town fees and charges that it collects to Town within fifteen (15) days after receipt of a written invoice for payment from Town. Notwithstanding any provision herein to the contrary, Town agrees that the volumetric rates for water and wastewater service to Town Customers under the Town Rate Order must be identical to the MUD volumetric rates for water and wastewater services under the MUD Rate Order, and the Town Surcharge shall not be a gallonage charge (and instead shall be a fixed sum). 7.2 Annual Capital Improvements and Maintenance Charge, a) The Annual Capital Improvements and Maintenance Charge shall be calculated in accordance with the following methodology: Page 15 of 28 254 1) Town shall furnish its most current certified assessed valuation from the County Tax -Assessor (the "Certified Assessed Valuation") for the Property to the MUD on or before August 1 of each year that this Contract remains in effect. 2) No later than September 1 of the same year, MUD will furnish Town with an annual debt service, maintenance and operations budget that contains the following items: a. The total debt service requirements for new money ad valorem tax bonds issued by MUD after the Effective Date in the next calendar year ("Annual Debt Service Requirement"); b. The total expenses to be funded with maintenance taxes in the next fiscal year ("Annual Maintenance and Repair Requirement"), save and except budgeted costs of MUD director fees and director elections, the costs of which MUD agrees shall not be funded by the Annual Capital Improvements and Maintenance Charge; c. The cumulative total of the Certified Assessed Valuation for the MUD and the Property; d. Town's percentage share of the Annual Debt Service Requirement and Annual Maintenance and Repair Requirement calculated by dividing the Certified Assessed Valuation for the Property by the cumulative total of the Certified Assessed Valuation for the MUD and the Property; and e. The amount of the next year's Annual Debt Service Requirement and Annual Maintenance and Repair Requirement for which the Town is responsible for payment during the subsequent calendar year (the "Annual Capital Improvements and Maintenance Charge") shall be equal to the product of the Town's percentage share of the Annual Debt Service Requirement and Annual Maintenance and Repair Requirement multiplied by the Annual Debt Service Requirement and Annual Maintenance and Repair Requirement. b) If for any reason the timing of issuance of ad valorem tax debt by MUD does not allow the Annual Capital Improvements and Maintenance Charge to be calculated in accordance with the foregoing schedule, then Town's share of any such ad valorem debt service payments shall be added to the next subsequent calendar year Annual Debt Service Requirement. Page 16 of 28 255 c) Town shall determine, in its sole discretion, the source of funding for payment of the Annual Capital Improvements and Maintenance Charge; provided, however, that (i) the Town shall not levy and collect an ad valorem tax for payment of the Annual Capital Improvements and Maintenance Charge; and ii) the source of funding shall be collected only from Town Customers within the Property. Without limitation, Town may levy a Town Surcharge (as defined in Section 7,1(d) above) in the Town Rate Order for purposes of generating revenues for payment of the Annual Capital Improvements and Maintenance Charge. d) If Town levies a Town Surcharge for payment of the Annual Capital Improvements and Maintenance Charge, then MUD shall retain the Town Surcharge for payment of the Annual Capital Improvements and Maintenance Charge. If Town uses another source of funding to pay the Annual Capital Improvements and Maintenance Charge, then Town shall pay such funds to MUD within thirty (30) days of receipt, but in no event later than the end of the calendar year. Within thirty (30) days of the end of each calendar year, MUD shall prepare and furnish to Town a reconciliation that identifies the cumulative sum collected by MUD from the Town Surcharge or paid by Town from other funding sources. In the event that the cumulative sum collected exceeds the Annual Capital Improvements and Maintenance Charge, the MUD shall remit such excess monies to Town within thirty (30) days after the reconciliation report is furnished to Town. If the cumulative sum collected is less than the Annual Capital Improvements and Maintenance Charge, then Town shall pay the full amount of the deficit within thirty (30) days of receipt of the MUD reconciliation report. e) Each Annual Capital Improvements and Maintenance Charge shall remain in effect from January through December of each year that this Contract remains in effect. The Parties acknowledge that the payment procedures may cause the MUD to be responsible for principal or interest on bonds during the calendar year before Town has fully contributed its pro rata share of such payments to MUD; provided, however, the reconciliation and payment obligations of the Parties shall ensure that Town pays, and the MUD receives, the Annual Capital Improvements and Maintenance Charge for each calendar year (and not more or less). f) A new Annual Capital Improvements and Maintenance Charge shall be calculated for each calendar year in accordance with the same methodology set forth in Section 7.2(a) for so long as this Contract remains in effect, g) If all of the Property is annexed into the corporate boundaries of the MUD, then Town's obligation to pay the Annual Capital Improvement and Maintenance Charge will terminate on the January 1 following the effective date of the annexation. Page 17 of 28 256 7.3 Fort Worth Impact Fees. Town understands that MUD has a separate agreement for water services with the City of Fort Worth (hereinafter "Fort Worth Water Contract" as defined above) and that pursuant to that Fort Worth Water Contract, MUD is responsible for collection of Fort Worth's impact fees from new customers that are paid to Fort Worth. Town understands and agrees that as a wholesale water supply customer of MUD, Town will be required to collect and pay all impact fees due under the Fort Worth Water Contract for each new Town Customer. The Parties further agree that Town's permitting department collects the Fort Worth Impact Fee from each new Town Customer and each new retail customer of MUD within the boundaries of Town, and provides a daily collection report to MUD identifying all new customers. Town remits the cumulative Fort Worth Impact Fees collected from all such customers to MUD each month upon receipt of a written invoice for payment from MUD, and MUD in turn provides payment to the City of Fort Worth. Town agrees to continue to take such actions as may be necessary to collect or to allow for the collection from all new retail connections of Town and MUD within the boundaries of Town an amount equal to the impact fee assessed by the City of Fort Worth pursuant to the Fort Worth Water Contract and to remit such sum to MUD in the amount and in accordance with the terms set forth in the Fort Worth Water Contract. Upon receipt of such funds from Town, MUD shall immediately remit that amount to the City of Fort Worth. Town agrees that no new Town Customer shall be entitled to receive water or wastewater service for which the Fort Worth Impact Fee is not collected and paid to MUD. In the event that payment of the Fort Worth Impact Fee is not collected from any new Town Customer, MUD may immediately disconnect service until payment is received. 7.4 Utility Fees. The Parties acknowledge that the 2007 Wholesale Contract provided for the Town to pay MUD a lump sum amount of $540,000 and a Utility Fee of $2,300 for each new service connection to the Town Water Distribution System and Town Wastewater Collection System until the total amount of Utility Fees paid to MUD equaled $3,260,000, in consideration of the MUD's payment of the debt service on bonds issued to finance the construction and installation of the existing MUD Water System and MUD Wastewater System. For purposes of this contract, and in consideration of the receipt of Utility Fees, MUD agrees that Town shall not be responsible for payment of debt service on ad valorem tax bonds issued by MUD prior to the Effective Date, or any refunding thereof. The 2007 Wholesale Contract further provided that to the extent the Town paid less than this sum to the District as of May 7, 2013, then the Town would be required to pay ten percent (10%) interest each year on the difference between the amount of such fees paid to the District and $3,260,000 in accordance with a formula set forth in the 2007 Wholesale Contract. The Parties now acknowledge that there will not be a sufficient number of new service connections within the Property in order for Town to collect and remit to MUD the full amount that was required to be paid under the 2007 Wholesale Contract. As a result, from and after the Effective Date, the Parties agree that Town's payment obligation of Utility Fees and interest shall be as follows: Page 18 of 28 257 a) Town shall collect a fee $2,300 (the "Utility Fee") for each new standard service connection within the Property to the Town Water Distribution System or Town Wastewater Collection System within the Property and tender such fee to MUD until such time as MUD has received Utility Fees from 1,407 standard service connections within the Property (including those received under the 2007 Wholesale Contract); b) From and after the Effective Date, Town shall pay to MUD the Utility Fees collected by Town for all new service connections within the Property during the preceding calendar month on or before the end of a calendar month. c) Until such time as MUD has received Utility Fees from 1,407 new service connections within the Property (including those received under the 2007 Wholesale Contract), Town shall, pursuant to its contract with 831 Trophy LP Developer"), entitled "The Highlands at Trophy Club Development and Public Improvement District Agreement" and all prior modifications thereof, notify the Developer of its requirement to directly pay to MUD or to provide a letter of credit for the benefit of MUD to pay interest in accordance with the following methodology: 1) The difference between the total amount of Utility Fees received by MUD as of a specified date and $3,260,000 represents the "Utility Fee Remainder" as of said date; 2) Interest at ten percent (10%) per annum shall be payable to MUD each year based on the Utility Fee Remainder until such time as the MUD has received Utility Fees from 1,407 new service connections within the Property (including those received under the 2007 Wholesale Contract); 3) It is hereby agreed that, as of May 7, 2013, the Utility Fee Remainder was $707,000.. Therefore, the initial interest payment, equal to $70,700 (which represents 10% of the Utility Fee Remainder as of May 7, 2013), shall be paid to MUD on or before May 31, 2014; 4) The amount of interest to be paid to MUD thereafter (commencing May 31, 2015) shall be calculated according to the following methodology: where (A) equals the Utility Fee Remainder as of the preceding May 7th (commencing May 7, 2014) and (B) equals the Utility Fee Remainder as of the subsequent May 7t" ( commencing May 7, 2015), then (A) plus (B) divided by two (2) and multiplied by ten percent (10%) will be the amount of interest payable for the preceding year; and 5) If the foregoing calculation of interest results in interest greater than the maximum amount allowed by applicable law, then the amount Page 19 of 28 258 of interest for that period will be reduced to equal the maximum amount allowed by applicable law. 6) Town agrees that no new Town Customer shall be entitled to receive water or wastewater service for which the Utility Fee is not collected and paid to MUD. In the event that payment of the Utility Fee is not collected from any new Town Customer, MUD may immediately disconnect service on behalf of Town until payment is received. In the event interest is not received by MUD by May 31 of each year for so long as such interest is due, no meters shall be set for new service connections within the Property until the interest is paid to the MUD. 7.5 Customer Deposits. Town hereby authorizes the MUD to collect, deposit, administer and refund customer deposits from Town Customers in the same manner, in the same amount, and according to the same procedures as applicable to MUD retail customers. Town acknowledges and agrees that interest will not be paid either to Town or to Town Customers on such deposits. 7.6 Payments by Town Unconditional. Town recognizes that MUD will issue bonds that will be payable and secured by a pledge of the sums of money to be received by MUD from Town under this Contract. Accordingly, Town's obligation to make the payments required by this Contract is hereby made unconditional. All sums payable hereunder by Town to MUD shall, so long as any part of the MUD bonds are outstanding and unpaid, be paid by Town without set-off, counterclaim, abatement, suspension or diminution except as otherwise expressly provided herein; and so long as any part of MUD bonds are outstanding and unpaid, Town shall not have any right to terminate this Contract nor shall the Town be entitled to the abatement of any payment or any reduction thereof nor shall the obligations of the Town be otherwise affected for any reason, it being the intention of the Parties that so long as any portion of the MUD bonds are outstanding and unpaid, all sums required to be paid by the Town to MUD shall continue to be payable in all events and the obligations of the Town hereunder shall continue unaffected, unless the requirement to pay the same shall be reduced or terminated pursuant to an express provision of the Agreement. 7.7 Efate Appeals. If the Town at any time disputes the amount to be paid by it to the MUD, the Town shall nevertheless promptly make the disputed payment or payments, but the Town shall have the right to seek a judicial determination whether the rates charged by the MUD are in accordance with the terms of this Contract. 7.8 Other Charges. The Parties mutually acknowledge that each Party currently collects certain charges and fees on behalf of the Party, as follows: Page 20 of 28 259 i) MUD collects Town's solid waste fee and taxes, and drainage fees, on each monthly bill to Town Customers. Payments received from Town Customers are deposited by MUD, and then tendered to Town upon receipt of a monthly invoice for payment. ii) The Town permitting department collects the MUD service deposit, meter charge, Utility Fee, Fort Worth Impact Fees, a Fire Line Fee, the Fire Plan Review Fee, and Omnicom Fee from new MUD retail customers. Such payments received from MUD customers are deposited by Town, and then tendered to MUD upon receipt of a monthly invoice for payment. Each Party agrees to cooperate in good faith with the other Party to continue collection of fees and charges on behalf of the other Party to lower costs to, and minimize burdens upon, their respective customers. Notwithstanding the foregoing, in the event that it is determined that either Party does not have the authority to collect and/or deposit charges on behalf of the other Party, each Party shall be responsible for billing and collection of its own charges, or the Parties shall otherwise cooperate as necessary to ensure that separate payments are made by customers to the appropriate payee. ARTICLE VIII. TERM 8.1 Term. This Contract shall become effective upon approval by each of the respective governing bodies of Town and MUD and upon execution by their respective authorized representatives, and shall remain in effect for an initial terra of 99 years from the Effective Date or until any new bonds issued by the District after the Effective Date (including refunding bonds for such new bonds) are no longer outstanding, whichever is later. Thereafter, this Contract shall renew automatically for additional terms of ten (10) years each unless either Party provides not less than six (6) months prior written notice to the other Party of termination before the expiration of any term. 8.2 Material Breach; Notice and Opportunity to Cure. a) In the event that one Party believes that another Party has materially breached one of the provisions of this Agreement, the non -defaulting Party will make written demand to cure and give the defaulting Party up to 30 days to cure such material breach or, if the curative action cannot reasonably be completed within 30 days, the defaulting Party will commence the curative action within 30 days and thereafter diligently pursue the curative action to completion. This period must pass before the non -defaulting Party may initiate any remedies available to the non -defaulting party due to such breach; provided, however, that neither Party may terminate this Contract as a remedy for default. Page 21 of 28 260 b) Any non -defaulting Party will mitigate direct or consequential damage arising from any breach or default to the extent reasonably possible under the circumstances. c) The Parties agree that they will negotiate in good faith to resolve any disputes and may engage in non-binding mediation, arbitration or other alternative dispute resolution methods as recommended by the laws of the State of Texas. 8.3 Equitable Relief. a) The Parties acknowledge that MUD is limited in its ability to terminate this Contract in the event of Town's default, whether a monetary default or otherwise, because MUD has outstanding bonds and because Town may have an obligation to provide continuous and adequate water and wastewater services to its retail customers at the time of the default and may lack alternative sources for service. In recognition of this, and that failure in the performance of Town's obligations could not be adequately compensated in money damages alone, Town agrees that in the event of any default on its part that the MUD shall have available to it equitable remedies including, without limitation, the right to obtain a writ of mandamus or specific performance or an injunction against the Town requiring the Town to levy and collect rates and charges sufficient to pay the amounts owed to MUD by Town under this Agreement. b) The Parties acknowledge that Town is limited in its ability to terminate this Contract in the event of MUD's default because Town may have an obligation to provide continuous and adequate water and wastewater services to its retail customers at the time of the default and may lack alternative sources for service. In recognition of this, and that failure in the performance of MUD's obligations could not be adequately compensated in money damages alone, MUD agrees that in the event of any default on its part that Town shall have available to it equitable remedies including, without limitation, the right to obtain a writ of mandamus or specific performance or an injunction against MUD requiring it to perform its duties under this Contract. 8.4 Remedies Not Exclusive. The provisions of this Agreement providing remedies in the event of a Party's breach of this are not intended to be exclusive remedies. The Parties retain, except to the extent released or waived by the express terms of this Agreement, all rights at law and in equity to enforce the terms of this Agreement in addition to, and cumulative to, remedies provided in this Agreement. The foregoing shall not be construed to authorize termination. Page 22 of 28 261 ARTICLE IX. MISCELLANEOUS 9.1 Joint Meetings. The Town Council and the MUD Board of Directors agree to hold joint meetings in each quarter of each calendar year or as the parties mutually agree. The purpose of these joint meeting will be to discuss matters of common interest to Town and MUD, including, but not limited to, amendments or revisions to the MUD Conservation and Drought Contingency Plan, amendments or revisions to the MUD Rate Order, the construction of capital improvements to serve the MUD and the Property, the calculation and collection of the Annual Capital Improvements and Maintenance Charge, and the calculation and collection of any other charges due from Town to MUD under this Contract. 9.2 Immunity. The fact that Town and MUD accept certain responsibilities relating to the provision of Operations Services under this Contract as part of their responsibility for providing Water and Wastewater Services to their respective residents makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent possible under the law. Neither Town nor MUD waive any immunity or defense against third party claims that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. The Parties hereto agree that each respectively waives its sovereign immunity to suit for the limited purpose of adjudication of a claim for breach of this Contract. Notwithstanding the foregoing Contract, remedies in such action shall be limited to those provided by state law. 9.3 Force Majeure, If any Party is rendered unable, wholly or in part, by force majeure to carry out any of its obligations under this Contract, except the obligation to pay amounts owed or required to be paid pursuant to the terms of this Contract, then the obligations of such Party, to the extent affected by such force majeure and to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of any inability so caused to the extent provided but for no longer period. As soon as reasonably possible after the occurrence of the force majeure relied upon, the Party whose contractual obligations are affected thereby shall give notice and full particulars of such force majeure to the other Party. Such cause, as far as possible, shall be remedied with all reasonable diligence. The term "force majeure," as used herein, shall include without limitation of the generality thereof, acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind of the government of the United States or the State of Texas or any civil or military authority other than a Party to this Contract, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals„ partial or Page 23 of 28 262 entire failure of water supply resulting in an inability to provide water necessary for operation of the water and sewer systems hereunder or in an inability of MUD to provide Water or receive Wastewater, and any other inabilities of any Party, whether similar to those enumerated or otherwise, which are not within the control of the Party claiming such inability, which such Party could not have avoided by the exercise of due diligence and care. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the Party having the difficulty, and that the above requirement that any force majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing Party when such settlement is unfavorable to it in the judgment of the Party experlencing such difficulty. 9.4 Applicable Law. This Contract shall be governed by the laws of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Tarrant or Denton County. 9.5 No Additional Waiver Implied. No waiver or waivers of any breach or default (or any beaches or defaults) by any Party hereto of any term, covenant, condition, or liability hereunder, or the performance by any Party of any duty or obligation hereunder, shall be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, under any circumstances. 9.6 Addresses and Notice. Unless otherwise provided in this Contract, any notice, communication, request, reply, or advice (herein severally and collectively, for convenience, called "Notice") herein provided or permitted to be given, made, or accepted by any Party to the other (except bills), must be in writing and may be given or be serviced by depositing the same in the United States mail postpaid and registered or certified and addressed to the Party to be notified, with return receipt requested, or by delivering the same to such Party, addressed to the Party to be notified. Notice deposited in the mail in the manner hereinabove described shall be conclusively deemed to be effective, unless otherwise stated in this Contract, from and after the expiration of three (3) days after it is so deposited. Notice given in any such other manner shall be effective when received by the Party to be notified. For the purpose of notice, addresses of the Parties shall, until changed as hereinafter provided, be as follows: If to MUD, to: If to Town, to: MUD Manager Town Manager, 100 Municipal Drive 100 Municipal Drive Trophy Club, Texas 76262 Trophy Club, Texas 76262 The Parties shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify any other address by at least fifteen (15) days' written notice to the other. Page 24 of 28 263 9.7 Merger and Modification. This Contract, including the exhibits that are attached hereto and incorporated herein for all purposes, embodies the entire Contract between the Parties relative to the subject matter hereof. This Contract shall be subject to change or modification only with the written mutual consent of all Parties affected by such change or modification. 9.8 Severability. The provisions of this Contract are severable, and if any part of this Contract or the application thereof to any person or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Contract and the application of part of this Contract to other persons or circumstances shall not be affected thereby. 9.9 Successors and Assigns. This Contract shall be binding upon and inure to the benefit of the Parties hereto and their successors. This Contract shall not be assigned without the written consent of the governing bodies of the respective entities. 9.10 Benefits of Contract. This Contract is for the benefit of the Parties and their successors and assigns and shall not be construed to confer any benefit on any other person or entity except as expressly provided for herein. 9.11 Consent and Approvals. Whenever this Contract provides for the approval or consent of one of the Parties, such consent or approval shall not be unreasonably withheld or delayed. 9.12 Authority. This Agreement is made and entered into pursuant to the provisions of the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 191; V.T.C.A, Local Government Code, Chapter 552; V.T.C.A. Water Code Chapters 30 and 49, and other applicable law. TApp TOWN OF TROPHY CLUB, TEXAS O By:_ ,! -4f I[• e ti r c Name: Connie White m Title: Mayor AY 1. © ate: S 11,.E'/. Title: Town Secretary Page 25 of 28 264 ATTEST: f r B /[ --- Y Name: e 4 - Title: Page 26 of 28 TROPHY CLUBMUNICIPAL UTILITY DISTRICT N0,11 BY:, Name: 5, +QTitle: V -' r vT S. 265 EXHIBIT "A" Page 27 of 28 266 rt 267 EXHIBIT "B" Page 28 of 28 268 I I IR TY r, L J 269 Page 1 of 3 FIRST AMENDMENT TO AMENDED AND RESTATED CONTRACT FOR WHOLESALE WATER SUPPLY AND WASTEWATER TREATMENT SERVICES AND WATER AND WASTEWATER OPERATIONAL SERVICES This First Amendment to Amended and Restated Contract for Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater Operations Services (“First Amendment”) is entered into as of , 2023 between THE TOWN OF TROPHY CLUB, TEXAS, a home rule municipality located in Denton and Tarrant Counties (hereinafter “Town”) and TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, a conservation and reclamation District of the State of Texas in Denton and Tarrant Counties created and operating pursuant to Chapters 49 and 54 of the Texas Water Code (hereinafter “MUD”). Recitals WHEREAS, Town and MUD previously entered into that Amended and Restated Contract for Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater Operations Services dated July 25, 2017 (“Contract”); WHEREAS, Town and MUD desire to amend the Contract to add additional property within Town territorial limits and for the MUD to provide wholesale water and wastewater services and operational services to the additional property under the Contract; WHEREAS, Town and MUD also desire to amend the Contract to further define the operation, maintenance, repair and replacement of the water and wastewater infrastructure under the Contract; WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter 791, et seq., as amended (the “Act”) provides authority for governmental entities of the State of Texas to enter into interlocal contracts with each other regarding governmental functions and services as set forth in the Act; and WHEREAS, each Party hereto paying for the performance of governmental functions or services shall make such payments from current revenues legally available to the paying Party and each Party hereby finds and agrees that it is fairly compensated for the services or functions performed under the terms of this Contract. NOW, THEREFORE, Town and MUD, for and in consideration of the recitals set forth above and terms and conditions below, agree as follows: 1. Incorporation of Recitals. The foregoing recitals are agreed upon and incorporated herein as a part of this First Amendment. 2. Addition of Town Customers. The Property, as defined in the Contract, shall be expanded beyond that set forth in Exhibit “A” to the Contract to include any future Town Customers added after the effective date of this First Amendment that are within the Town corporate limits and outside MUD boundaries. New Town Customers will be provided wholesale water and wastewater services and 270 Page 2 of 3 operational services under the Contract pursuant to Town and MUD development and service extension requirements. Town will notify MUD of the addition of Town Customers to initiate the service extension review process, including but not limited to providing mapping and information on service extension locations, points of connection, total number of proposed lots and service demands. New Town Customers added pursuant to this First Amendment shall be billed in accordance with that Interlocal Agreement for Utility Billing Services between the parties dated _______, ____, 2016. 3. Repair and Replacement. Operation, maintenance, repair and replacement of the Town Water Distribution and the Town Wastewater Collection System that is required to be completed in the same manner as that for the MUD Water System and MUD Wastewater System pursuant to Section 5.2 of the Contract shall be in conformance with the American Water Works Association best practices and standards. 4. General Terms and Conditions. a. In the event of any inconsistencies between the Contract and this First Amendment, the terms of this First Amendment shall control. b. All capitalized terms used but not defined herein shall have the same meanings as defined in the Contract. c. Except as expressly set forth in this First Amendment, the Contract otherwise is unmodified and remains in full force and effect. Each reference in the Contract to itself shall be deemed also to refer to this First Amendment. d. This First Amendment may be executed in duplicate counterparts, each of which will be deemed an original. e. Each of the parties represents and warrants that it has the right, power, legal capacity, and authority to enter into and perform its respective obligations under this First Amendment. [SIGNATURES TO FOLLOW ON NEXT PAGE] 271 Page 3 of 3 IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute this First Amendment on the dates set forth below. TOWN OF TROPHY CLUB, TEXAS By: Name: Title: Mayor Date: ATTEST: By: Name: Title: Town Secretary TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 By: Name: Title: Board President Date: ATTEST: By: Name: Title: District Secretary 272 Page 1 of 3 To: Mayor and Town Council From: Matt Cox, Director of Community Development CC: Wade Carroll, Town Manager Anita Otterson, Town Secretary Re: Case ME-23-001 (Cook Children’s Sign Meritorious Exception) Town Council Meeting, February 14, 2023 Agenda Item: Take appropriate action to approve the request for the Meritorious Exception for Cooks Children’s generally located at the northeast corner of SH 114 and Trophy Club Drive addressed as 2300 E Hwy 114, Suite 300. Background and Explanation: Section 3.09.010 of the Town’s Code of Ordinances allows an interested party to make a request for a Meritorious Exception to the Planning & Zoning Commission and Town Council to consider a proposal that does not conform to the sign regulations but may have merit and make a positive contribution to the visual environment. A request for a Meritorious Exception is necessary for the proposed signs at Social Oak Wine & Whiskey Lounge because it exceeds the sign height prescribed in the Planned Development No. 30 (PD-30). The PD states that sign shall fit within: HEIGHT 2 feet, 6 inches (30 inches) WIDTH 40 feet As shown on Exhibits A (Cook’s Children Front Sign) the proposed dimensions are: Social Oak Front Sign HEIGHT 6’ 3 ¼” WIDTH 12’ 7 3/8” OVERALL SF 79.6 273 Page 2 of 3 Cooks Children’s Front Sign: Cooks Children’s Sign: Financial Considerations: Not applicable. Legal Review:274 Page 3 of 3 This item has been reviewed by the Town Attorney. Planning & Zoning Commission Recommendation: The P&Z Commission considered this item on February 7, 2023. The Commission recommended approval with a 4-0 vote as presented. Staff Recommendation: Staff recommends approval of the Meritorious Sign Exception request. Attachments: •Exhibit A – ME Application •Exhibit B – ME Sign Plans 275 276 277 278 279 7923 E. McKinney St., Denton, TX 76208 1 RICK SUTTON SIGN PACKAGE - PEDIATRICS COOK CHILDREN'S - TROPHY CLUB 2300 TX 114 W., STE. 300 220178-01 TROPHY CLUB, TEXAS 12.05.22 12.27.22 CJR CJR R1 R1: adjusted length of capsule EXSTG. ELEVATION PROPOSED NEW ELEVATIONAREMOVE & DISCARD MFR. & INSTALL SITE LOCATION: Cook Children's - 2300 TX 114 W., Ste. 300, Trophy Club, TX. 280 7923 E. McKinney St., Denton, TX 76208 2 RICK SUTTON SIGN PACKAGE - PEDIATRICS COOK CHILDREN'S - TROPHY CLUB 2300 TX 114 W., STE. 300 220178-01 TROPHY CLUB, TEXAS 12.05.22 12.27.22 CJR CJR R1 R1: adjusted length of capsule EXSTG. ELEVATION PROPOSED NEW ELEVATIONAREMOVE & DISCARD MFR. & INSTALL SITE PLAN - AERIAL VIEW A 281 7923 E. McKinney St., Denton, TX 76208 3 RICK SUTTON SIGN PACKAGE - PEDIATRICS COOK CHILDREN'S - TROPHY CLUB 2300 TX 114 W., STE. 300 220178-01 TROPHY CLUB, TEXAS 12.05.22 12.27.22 CJR CJR R1 R1: adjusted length of capsule EXSTG. ELEVATION PROPOSED NEW ELEVATIONAREMOVE & DISCARD MFR. & INSTALL A 282 7923 E. McKinney St., Denton, TX 76208 4 RICK SUTTON SIGN PACKAGE - PEDIATRICS COOK CHILDREN'S - TROPHY CLUB 2300 TX 114 W., STE. 300 220178-01 TROPHY CLUB, TEXAS 12.05.22 12.27.22 CJR CJR R1 R1: adjusted length of capsule EXSTG. ELEVATION PROPOSED NEW ELEVATIONAREMOVE & DISCARD MFR. & INSTALL A SOUTH ELEVATION EXSTG. ELEVATION NIGHT VIEW ( 1 ) REQUIRED - MANUFACTURE & INSTALL 79.6 SQ. FT.25'-6"±6'-3¼"16'-0"±20'-8" 12'-7 7/8" 52'-0" STOREFRONT 283 7923 E. McKinney St., Denton, TX 76208 5 RICK SUTTON SIGN PACKAGE - PEDIATRICS COOK CHILDREN'S - TROPHY CLUB 2300 TX 114 W., STE. 300 220178-01 TROPHY CLUB, TEXAS 12.05.22 12.27.22 CJR CJR R1 R1: adjusted length of capsule EXSTG. ELEVATION PROPOSED NEW ELEVATIONAREMOVE & DISCARD MFR. & INSTALL A LIF-15-fsb - STACKED BLUE CHANNEL LTRS. w/ R.O.S.T. FACILITY NAME on R/Ws END VIEW SCALE: 3/8" = 1'-0" 79.6 SQ. FT. 12'-7 3/8" (LETTERS & CAPSULE LENGTH - CUSTOM) 8'-4 5/8" 8'-4 5/8" 3"1'-6 5/8"1'-6 5/8"9"9"10 3/8"10 3/8"10 3/8"10 3/8"3"3"1'-8¾"1'-8¾"1'-3"1'-3"1'-3"1'-3"6'-3¼" 6'-3¼" 1/8" WHITE SHOW-THRU OUTLINE AROUND "PEAKS" (CIRCLES) 1/8" WHITE SHOW-THRU OUTLINEAROUND "PEAKS" (CIRCLES) 4 4 R.O.S.T. .090 ALUMINUM - CC WHITE (SEMI-GLOSS).090 ALUMINUM - CC WHITE (SEMI-GLOSS).090 ALUMINUM - CC WHITE (SEMI-GLOSS) .063 ALUMINUM - CC WHITE (SEMI-GLOSS).063 ALUMINUM - CC WHITE (SEMI-GLOSS).063 ALUMINUM - CC BLUE (SEMI-GLOSS) .177" PLASKOLITE OPTIX LD 2406 TRANS WHITE .177" PLASKOLITE OPTIX LD 2406 TRANS WHITE .177" PLASKOLITE OPTIX LD 2406 TRANS WHITE .125" ALUM. - PTD. CC BLUE & CC LT. BLUE (SEMI-GLOSS) 1" INTENSE BLUE JEWELITE - PTD. CC BLUE 1" INTENSE BLUE JEWELITE - PTD. CC BLUE CC BLUE w/ 3M 3660M OVER-LAM.CC BLUE & CC LIGHT BLUE w/ 3M 3660M OVER-LAM. R.O.S.T. FACILITY NAME ¼” WEEP HOLES 12V PWR SUPPLY WHITE LED’s WHITE ALUM. BACKS 1” TRIMCAP WHITE ACRYLIC FACE 3” DEEP ALUM. RETURNS EXTRUDED ALUM. RACEWAY NON CORROSIVE ANCHORS DISCONNECT SWITCH FLEXIBLE CONDUIT TO PRIMARY 120V AC STANDARD LED CHANNEL LETTERS ON A RACEWAY 3”( 1 ) SET REQUIRED - MANUFACTURE & INSTALL **PHOTO CELL REQUIRED** **RACEWAY COLOR IS SW 7526 'MAISON BLANCHE'** 5 6 8 14 284 1 5 5 1 Future Agenda Items February 14, 2023 Future Agenda Items will be divided into 3 Categories: 1) Current listing of all future agenda items requested by Council that have not been addressed. 2) Items that have been researched and are scheduled for a report to Council (first 2-4 weeks). 3) Items that Council has requested additional research/staff time on and will be brought back for public discussion at a Council Meeting. Council will be provided updates on items that require significant time. The Future Agenda Items list will be placed on the Council Meeting agenda to provide a status on all items. The current list will be reviewed and as items are completed; said items will be removed. The Council may add items as needed to the list. 1) Receive an update regarding Entryway Monumentation/Landscaping for the Town of Trophy Club. Halff has completed 3 intersection renderings including nighttime lighting. Concern was brought up about the need to cut off access to the statues for the purpose of safety. I have asked that renderings include close-ups of each intersection with appropriate statues and a list of materials. Two of the intersections are completed. Once all are done a meeting will be set with the Council’s Art Subcommittee. 2) Develop a Strategic Plan for the Town addressing future goals with budgetary needs for each department. The Town has already begun the work with an excellent outline of the strategic plan and will be working to add prioritization of future projects, communication, and accountability measures within the plan to set the organization up for a successful future. Tamara is creating a strategic plan project timeline to incorporate foundational pillars, citizen input, defined measurable steps, and outcomes. 3) Modifying the Existing Veteran’s Memorial to include “Space Force”. The monument was installed on January 23, 2023 and is currently covered awaiting the unveiling. Staff is working on an invitation list and an unveiling date with the Veterans’ Committee. Announcement forthcoming. 4) Hogans Glen Drainage. No communication from Hogans Glen or change noted. 5) Flashing lights at the existing roundabout crosswalk. Staff is gathering construction document from the round-a-bout project at Trophy Lake and Trophy Club drive and speaking with TNP who designed the project about the addition of crosswalk signalization. Staff will present a plan of action to Council on February 28, 2023. 285