Loading...
Agenda Packet 08-28-2023Town of Trophy Club Meeting Agenda Packet Town Council 1 Trophy Wood Drive Trophy Club, Texas 76262 August 28, 2023 6:00 PM Council Chambers CALL TO ORDER AND ANNOUNCE A QUORUM ­ Mayor Jeannette Tiffany INVOCATION led by Rev. Bill Eason, Fellowship United Methodist Church  PLEDGES led by Council Member Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. PUBLIC COMMENT(S) This is an opportunity for citizens to address the Council on any matter pursuant to Texas Government Code Sec. 551.007. The Council is not permitted to discuss or take action on any presentations made concerning matters that are not listed on the agenda. 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 COMMUNITY SPOTLIGHT 1.Dr. Hancock, Medical Director TC Fire, to present to Council the Fire Department’s receipt of the American Heart Association Gold Mission Lifeline Award (Fire Chief Wise) 2.BADGE PINNING FOR NEW POLICE OFFICERS AND FIRE PERSONNEL (Acting Police Chief Tillman & Fire Chief Wise) 3.Working for You . . . Trophy Club a) Update on Arts & Culture Ad­Hoc Committee b) Update from Town Council Members c) Update from Town Manager (Patrick Arata, Interim Town Manager) d) Quick Civic Tip (Dean Roggia, Town Attorney) CONSENT AGENDA 4.Consider and take appropriate action to approve the Town Council Meeting Minutes for the August 10, 2023 Special Meeting and for the August 14, 2023 Regular Meeting (Terri Johnson, Interim Town Secretary) 5.Consider and take appropriate action regarding the Third Quarter Investment Report for Fiscal Year 2023 (April Duvall, Finance Director) 6.Consider and take appropriate action regarding the signing of the engagement letter for auditing services for the Fiscal Year 2023 and authorizing the Mayor or her designee to execute all necessary documents (April Duvall, Finance Director) 7.Consider and take appropriate action regarding an annual rate increase from Allied Waste DBA Republic Services (Patrick Arata, Interim Town Manager) 8.Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club accepting and approving an Update of the Service and Assessment Plan and an Updated Assessment Roll for the Town of Trophy Club Public Improvement District No. 1 (Authorized Improvements Assessment); making and adopting findings; accepting and approving the annual Service Plan Update and Updated Assessment Roll; and providing an effective date (April Duvall, Finance Director) 9.Consider and take appropriate action regarding an Amendment to the Interlocal Agreement between the Town and Northwest Independent School District for School Resource Officer services for Fiscal Year 2023­2024; and authorizing the Mayor or her designee to execute all necessary documents (Patrick Arata, Interim Town Manager/Police Chief) 10.Consider and take appropriate action regarding an Interlocal Cooperation Agreement (ILA) for Administration of Fire Protection Services between the Town of Trophy Club and Trophy Club Municipal Utility District No. 1; and authorizing the Mayor or her designee to execute all necessary documents (Patrick Arata, Interim Town Manager) INDIVIDUAL ITEMS 11.Case PD­AMD­ 23­002 (First Financial Bank) a. Conduct a public hearing to consider a rezoning request made by B&S Southern Sign & Crane Service to amend Planned Development District­13 (PD­13), Tract 4A to accommodate signage. The subject property is legally described as The Village at Trophy Club, Lot 4, approximately 1 acre, Denton County, Texas and is generally located at the northwest corner of Trophy Club Drive and SH114. The property is addressed as 95 Trophy Club Drive (M. Cox).  b. Consider and possibly act on a recommendation to the Trophy Club Town Council on a rezoning request made by B&S Southern Sign & Crane Service to amend Planned Development District­13 (PD­13), Tract 4A to accommodate signage. The subject property is legally described as The Village at Trophy Club, Lot 4, approximately 1 acre, Denton County, Texas and is generally located at the northwest corner of Trophy Club Drive and SH114. The property is addressed as 95 Trophy Club Drive (M. Cox).  12.Case SZ­23­001 Triple Crown Estates, Rezoning a. Conduct a public hearing to consider a rezoning request made by Vasquez Engineering LLC to change the zoning from R­15 Single­Family Residential District to R­12 Single­Family Residential District on approximately 2.991 acres of land out of the Mary Medlin Survey, Abstract No. 832, Denton County, Texas. the property is generally located south of Trophy Park Drive, west of Balmoral Drive, and east of Annandale Drive, within the Town of Trophy Club. The property is currently addressed as 2304 Trophy Park Drive (M. Cox). b. Consider and possibly act on a recommendation to the Trophy Club Town Council on a rezoning request made by Vasquez Engineering LLC to change the zoning from R­15 Single­Family Residential District to R­12 Single­Family Residential District on approximately 2.991 acres of land out of the Mary Medlin Survey, Abstract No. 832, Denton County, Texas. the property is generally located south of Trophy Park Drive, west of Balmoral Drive, and east of Annandale Drive, within the Town of Trophy Club. The property is currently addressed as 2304 Trophy Park Drive (M. Cox). 13.Consider and take appropriate action to appoint a Town Secretary effective August 29, 2023 (Denise Deprato, Human Resources Director) 14.Consider and take appropriate action on review of Community Pool – Phase II (Stacey Bauer, Council Member) 15.Discuss and consider the request of Hogan’s Glen HOA (Mayor Pro Tem Sheridan) 16.Future Agenda Items List (Patrick Arata, Interim Town Manager) 17.Consider and take appropriate action regarding improvements to the Bobcat Blvd and the High School exit/entrance crosswalk to add pavement striping/marking and a second set of flashing lights and any other improvements required (Council Members Jeff Beach and Stacey Bauer) EXECUTIVE SESSION 18.Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter 551 (Texas Open Meetings Act), The Town Council will recess into executive session to discuss the following: a) Section 551.071 Consultation with Attorney          1) Hogan’s Glen and other HOAs b) Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: 1)  Town Manager 2)  Town Secretary RECONVENE INTO REGULAR SESSION 19.Consider and take appropriate action regarding Executive Session (Mayor Jeannette Tiffany/Mayor Pro Tem Dennis Sheridan) ADJOURN One or more members of the Town Council may participate remotely using video conference pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on August 25, 2023, by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Terri Johnson Interim Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682­237­2900, 48 hours in advance, and reasonable accommodations will be made to assist you. 1 Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262August 28, 2023 6:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM ­ Mayor Jeannette TiffanyINVOCATION led by Rev. Bill Eason, Fellowship United Methodist Church PLEDGES led by Council MemberPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter pursuant toTexas Government Code Sec. 551.007. The Council is not permitted to discuss ortake action on any presentations made concerning matters that are not listed onthe agenda. Presentations are limited to matters over which the Council hasauthority. Speakers have up to four (4) minutes or the time limit determined by thePresiding Officer. Each speaker must have submitted their request to speak bycompleting the Speaker’s Form or may email mayorandcouncil@trophyclub.orgCOMMUNITY SPOTLIGHT1.Dr. Hancock, Medical Director TC Fire, to present to Council the FireDepartment’s receipt of the American Heart Association Gold Mission LifelineAward (Fire Chief Wise)2.BADGE PINNING FOR NEW POLICE OFFICERS AND FIRE PERSONNEL(Acting Police Chief Tillman & Fire Chief Wise) 3.Working for You . . . Trophy Club a) Update on Arts & Culture Ad­Hoc Committee b) Update from Town Council Members c) Update from Town Manager (Patrick Arata, Interim Town Manager) d) Quick Civic Tip (Dean Roggia, Town Attorney) CONSENT AGENDA 4.Consider and take appropriate action to approve the Town Council Meeting Minutes for the August 10, 2023 Special Meeting and for the August 14, 2023 Regular Meeting (Terri Johnson, Interim Town Secretary) 5.Consider and take appropriate action regarding the Third Quarter Investment Report for Fiscal Year 2023 (April Duvall, Finance Director) 6.Consider and take appropriate action regarding the signing of the engagement letter for auditing services for the Fiscal Year 2023 and authorizing the Mayor or her designee to execute all necessary documents (April Duvall, Finance Director) 7.Consider and take appropriate action regarding an annual rate increase from Allied Waste DBA Republic Services (Patrick Arata, Interim Town Manager) 8.Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club accepting and approving an Update of the Service and Assessment Plan and an Updated Assessment Roll for the Town of Trophy Club Public Improvement District No. 1 (Authorized Improvements Assessment); making and adopting findings; accepting and approving the annual Service Plan Update and Updated Assessment Roll; and providing an effective date (April Duvall, Finance Director) 9.Consider and take appropriate action regarding an Amendment to the Interlocal Agreement between the Town and Northwest Independent School District for School Resource Officer services for Fiscal Year 2023­2024; and authorizing the Mayor or her designee to execute all necessary documents (Patrick Arata, Interim Town Manager/Police Chief) 10.Consider and take appropriate action regarding an Interlocal Cooperation Agreement (ILA) for Administration of Fire Protection Services between the Town of Trophy Club and Trophy Club Municipal Utility District No. 1; and authorizing the Mayor or her designee to execute all necessary documents (Patrick Arata, Interim Town Manager) INDIVIDUAL ITEMS 11.Case PD­AMD­ 23­002 (First Financial Bank) a. Conduct a public hearing to consider a rezoning request made by B&S Southern Sign & Crane Service to amend Planned Development District­13 (PD­13), Tract 4A to accommodate signage. The subject property is legally described as The Village at Trophy Club, Lot 4, approximately 1 acre, Denton County, Texas and is generally located at the northwest corner of Trophy Club Drive and SH114. The property is addressed as 95 Trophy Club Drive (M. Cox).  b. Consider and possibly act on a recommendation to the Trophy Club Town Council on a rezoning request made by B&S Southern Sign & Crane Service to amend Planned Development District­13 (PD­13), Tract 4A to accommodate signage. The subject property is legally described as The Village at Trophy Club, Lot 4, approximately 1 acre, Denton County, Texas and is generally located at the northwest corner of Trophy Club Drive and SH114. The property is addressed as 95 Trophy Club Drive (M. Cox).  12.Case SZ­23­001 Triple Crown Estates, Rezoning a. Conduct a public hearing to consider a rezoning request made by Vasquez Engineering LLC to change the zoning from R­15 Single­Family Residential District to R­12 Single­Family Residential District on approximately 2.991 acres of land out of the Mary Medlin Survey, Abstract No. 832, Denton County, Texas. the property is generally located south of Trophy Park Drive, west of Balmoral Drive, and east of Annandale Drive, within the Town of Trophy Club. The property is currently addressed as 2304 Trophy Park Drive (M. Cox). b. Consider and possibly act on a recommendation to the Trophy Club Town Council on a rezoning request made by Vasquez Engineering LLC to change the zoning from R­15 Single­Family Residential District to R­12 Single­Family Residential District on approximately 2.991 acres of land out of the Mary Medlin Survey, Abstract No. 832, Denton County, Texas. the property is generally located south of Trophy Park Drive, west of Balmoral Drive, and east of Annandale Drive, within the Town of Trophy Club. The property is currently addressed as 2304 Trophy Park Drive (M. Cox). 13.Consider and take appropriate action to appoint a Town Secretary effective August 29, 2023 (Denise Deprato, Human Resources Director) 14.Consider and take appropriate action on review of Community Pool – Phase II (Stacey Bauer, Council Member) 15.Discuss and consider the request of Hogan’s Glen HOA (Mayor Pro Tem Sheridan) 16.Future Agenda Items List (Patrick Arata, Interim Town Manager) 17.Consider and take appropriate action regarding improvements to the Bobcat Blvd and the High School exit/entrance crosswalk to add pavement striping/marking and a second set of flashing lights and any other improvements required (Council Members Jeff Beach and Stacey Bauer) EXECUTIVE SESSION 18.Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter 551 (Texas Open Meetings Act), The Town Council will recess into executive session to discuss the following: a) Section 551.071 Consultation with Attorney          1) Hogan’s Glen and other HOAs b) Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: 1)  Town Manager 2)  Town Secretary RECONVENE INTO REGULAR SESSION 19.Consider and take appropriate action regarding Executive Session (Mayor Jeannette Tiffany/Mayor Pro Tem Dennis Sheridan) ADJOURN One or more members of the Town Council may participate remotely using video conference pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on August 25, 2023, by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Terri Johnson Interim Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682­237­2900, 48 hours in advance, and reasonable accommodations will be made to assist you. 2 Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262August 28, 2023 6:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM ­ Mayor Jeannette TiffanyINVOCATION led by Rev. Bill Eason, Fellowship United Methodist Church PLEDGES led by Council MemberPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter pursuant toTexas Government Code Sec. 551.007. The Council is not permitted to discuss ortake action on any presentations made concerning matters that are not listed onthe agenda. Presentations are limited to matters over which the Council hasauthority. Speakers have up to four (4) minutes or the time limit determined by thePresiding Officer. Each speaker must have submitted their request to speak bycompleting the Speaker’s Form or may email mayorandcouncil@trophyclub.orgCOMMUNITY SPOTLIGHT1.Dr. Hancock, Medical Director TC Fire, to present to Council the FireDepartment’s receipt of the American Heart Association Gold Mission LifelineAward (Fire Chief Wise)2.BADGE PINNING FOR NEW POLICE OFFICERS AND FIRE PERSONNEL(Acting Police Chief Tillman & Fire Chief Wise)3.Working for You . . . Trophy Cluba) Update on Arts & Culture Ad­Hoc Committeeb) Update from Town Council Membersc) Update from Town Manager (Patrick Arata, Interim Town Manager)d) Quick Civic Tip (Dean Roggia, Town Attorney)CONSENT AGENDA4.Consider and take appropriate action to approve the Town Council MeetingMinutes for the August 10, 2023 Special Meeting and for the August 14, 2023Regular Meeting (Terri Johnson, Interim Town Secretary)5.Consider and take appropriate action regarding the Third Quarter InvestmentReport for Fiscal Year 2023 (April Duvall, Finance Director)6.Consider and take appropriate action regarding the signing of the engagementletter for auditing services for the Fiscal Year 2023 and authorizing the Mayor orher designee to execute all necessary documents (April Duvall, Finance Director)7.Consider and take appropriate action regarding an annual rate increase fromAllied Waste DBA Republic Services (Patrick Arata, Interim Town Manager)8.Consider and take appropriate action regarding an Ordinance of the TownCouncil of the Town of Trophy Club accepting and approving an Update of theService and Assessment Plan and an Updated Assessment Roll for the Town ofTrophy Club Public Improvement District No. 1 (Authorized ImprovementsAssessment); making and adopting findings; accepting and approving the annualService Plan Update and Updated Assessment Roll; and providing an effectivedate (April Duvall, Finance Director)9.Consider and take appropriate action regarding an Amendment to the InterlocalAgreement between the Town and Northwest Independent School District forSchool Resource Officer services for Fiscal Year 2023­2024; and authorizing theMayor or her designee to execute all necessary documents (Patrick Arata,Interim Town Manager/Police Chief)10.Consider and take appropriate action regarding an Interlocal CooperationAgreement (ILA) for Administration of Fire Protection Services between theTown of Trophy Club and Trophy Club Municipal Utility District No. 1; andauthorizing the Mayor or her designee to execute all necessarydocuments (Patrick Arata, Interim Town Manager) INDIVIDUAL ITEMS 11.Case PD­AMD­ 23­002 (First Financial Bank) a. Conduct a public hearing to consider a rezoning request made by B&S Southern Sign & Crane Service to amend Planned Development District­13 (PD­13), Tract 4A to accommodate signage. The subject property is legally described as The Village at Trophy Club, Lot 4, approximately 1 acre, Denton County, Texas and is generally located at the northwest corner of Trophy Club Drive and SH114. The property is addressed as 95 Trophy Club Drive (M. Cox).  b. Consider and possibly act on a recommendation to the Trophy Club Town Council on a rezoning request made by B&S Southern Sign & Crane Service to amend Planned Development District­13 (PD­13), Tract 4A to accommodate signage. The subject property is legally described as The Village at Trophy Club, Lot 4, approximately 1 acre, Denton County, Texas and is generally located at the northwest corner of Trophy Club Drive and SH114. The property is addressed as 95 Trophy Club Drive (M. Cox).  12.Case SZ­23­001 Triple Crown Estates, Rezoning a. Conduct a public hearing to consider a rezoning request made by Vasquez Engineering LLC to change the zoning from R­15 Single­Family Residential District to R­12 Single­Family Residential District on approximately 2.991 acres of land out of the Mary Medlin Survey, Abstract No. 832, Denton County, Texas. the property is generally located south of Trophy Park Drive, west of Balmoral Drive, and east of Annandale Drive, within the Town of Trophy Club. The property is currently addressed as 2304 Trophy Park Drive (M. Cox). b. Consider and possibly act on a recommendation to the Trophy Club Town Council on a rezoning request made by Vasquez Engineering LLC to change the zoning from R­15 Single­Family Residential District to R­12 Single­Family Residential District on approximately 2.991 acres of land out of the Mary Medlin Survey, Abstract No. 832, Denton County, Texas. the property is generally located south of Trophy Park Drive, west of Balmoral Drive, and east of Annandale Drive, within the Town of Trophy Club. The property is currently addressed as 2304 Trophy Park Drive (M. Cox). 13.Consider and take appropriate action to appoint a Town Secretary effective August 29, 2023 (Denise Deprato, Human Resources Director) 14.Consider and take appropriate action on review of Community Pool – Phase II (Stacey Bauer, Council Member) 15.Discuss and consider the request of Hogan’s Glen HOA (Mayor Pro Tem Sheridan) 16.Future Agenda Items List (Patrick Arata, Interim Town Manager) 17.Consider and take appropriate action regarding improvements to the Bobcat Blvd and the High School exit/entrance crosswalk to add pavement striping/marking and a second set of flashing lights and any other improvements required (Council Members Jeff Beach and Stacey Bauer) EXECUTIVE SESSION 18.Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter 551 (Texas Open Meetings Act), The Town Council will recess into executive session to discuss the following: a) Section 551.071 Consultation with Attorney          1) Hogan’s Glen and other HOAs b) Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: 1)  Town Manager 2)  Town Secretary RECONVENE INTO REGULAR SESSION 19.Consider and take appropriate action regarding Executive Session (Mayor Jeannette Tiffany/Mayor Pro Tem Dennis Sheridan) ADJOURN One or more members of the Town Council may participate remotely using video conference pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on August 25, 2023, by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Terri Johnson Interim Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682­237­2900, 48 hours in advance, and reasonable accommodations will be made to assist you. 3 Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262August 28, 2023 6:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM ­ Mayor Jeannette TiffanyINVOCATION led by Rev. Bill Eason, Fellowship United Methodist Church PLEDGES led by Council MemberPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter pursuant toTexas Government Code Sec. 551.007. The Council is not permitted to discuss ortake action on any presentations made concerning matters that are not listed onthe agenda. Presentations are limited to matters over which the Council hasauthority. Speakers have up to four (4) minutes or the time limit determined by thePresiding Officer. Each speaker must have submitted their request to speak bycompleting the Speaker’s Form or may email mayorandcouncil@trophyclub.orgCOMMUNITY SPOTLIGHT1.Dr. Hancock, Medical Director TC Fire, to present to Council the FireDepartment’s receipt of the American Heart Association Gold Mission LifelineAward (Fire Chief Wise)2.BADGE PINNING FOR NEW POLICE OFFICERS AND FIRE PERSONNEL(Acting Police Chief Tillman & Fire Chief Wise)3.Working for You . . . Trophy Cluba) Update on Arts & Culture Ad­Hoc Committeeb) Update from Town Council Membersc) Update from Town Manager (Patrick Arata, Interim Town Manager)d) Quick Civic Tip (Dean Roggia, Town Attorney)CONSENT AGENDA4.Consider and take appropriate action to approve the Town Council MeetingMinutes for the August 10, 2023 Special Meeting and for the August 14, 2023Regular Meeting (Terri Johnson, Interim Town Secretary)5.Consider and take appropriate action regarding the Third Quarter InvestmentReport for Fiscal Year 2023 (April Duvall, Finance Director)6.Consider and take appropriate action regarding the signing of the engagementletter for auditing services for the Fiscal Year 2023 and authorizing the Mayor orher designee to execute all necessary documents (April Duvall, Finance Director)7.Consider and take appropriate action regarding an annual rate increase fromAllied Waste DBA Republic Services (Patrick Arata, Interim Town Manager)8.Consider and take appropriate action regarding an Ordinance of the TownCouncil of the Town of Trophy Club accepting and approving an Update of theService and Assessment Plan and an Updated Assessment Roll for the Town ofTrophy Club Public Improvement District No. 1 (Authorized ImprovementsAssessment); making and adopting findings; accepting and approving the annualService Plan Update and Updated Assessment Roll; and providing an effectivedate (April Duvall, Finance Director)9.Consider and take appropriate action regarding an Amendment to the InterlocalAgreement between the Town and Northwest Independent School District forSchool Resource Officer services for Fiscal Year 2023­2024; and authorizing theMayor or her designee to execute all necessary documents (Patrick Arata,Interim Town Manager/Police Chief)10.Consider and take appropriate action regarding an Interlocal CooperationAgreement (ILA) for Administration of Fire Protection Services between theTown of Trophy Club and Trophy Club Municipal Utility District No. 1; andauthorizing the Mayor or her designee to execute all necessarydocuments (Patrick Arata, Interim Town Manager)INDIVIDUAL ITEMS11.Case PD­AMD­ 23­002 (First Financial Bank)a. Conduct a public hearing to consider a rezoning request made by B&SSouthern Sign & Crane Service to amend Planned Development District­13(PD­13), Tract 4A to accommodate signage. The subject property is legallydescribed as The Village at Trophy Club, Lot 4, approximately 1 acre, DentonCounty, Texas and is generally located at the northwest corner of Trophy ClubDrive and SH114. The property is addressed as 95 Trophy Club Drive (M.Cox). b. Consider and possibly act on a recommendation to the Trophy Club TownCouncil on a rezoning request made by B&S Southern Sign & Crane Service toamend Planned Development District­13 (PD­13), Tract 4A to accommodatesignage. The subject property is legally described as The Village at TrophyClub, Lot 4, approximately 1 acre, Denton County, Texas and is generallylocated at the northwest corner of Trophy Club Drive and SH114. The property isaddressed as 95 Trophy Club Drive (M. Cox). 12.Case SZ­23­001 Triple Crown Estates, Rezoninga. Conduct a public hearing to consider a rezoning request made by VasquezEngineering LLC to change the zoning from R­15 Single­Family ResidentialDistrict to R­12 Single­Family Residential District on approximately 2.991 acresof land out of the Mary Medlin Survey, Abstract No. 832, Denton County, Texas.the property is generally located south of Trophy Park Drive, west of BalmoralDrive, and east of Annandale Drive, within the Town of Trophy Club. Theproperty is currently addressed as 2304 Trophy Park Drive (M. Cox).b. Consider and possibly act on a recommendation to the Trophy Club TownCouncil on a rezoning request made by Vasquez Engineering LLC to changethe zoning from R­15 Single­Family Residential District to R­12 Single­FamilyResidential District on approximately 2.991 acres of land out of the Mary MedlinSurvey, Abstract No. 832, Denton County, Texas. the property is generallylocated south of Trophy Park Drive, west of Balmoral Drive, and east ofAnnandale Drive, within the Town of Trophy Club. The property is currentlyaddressed as 2304 Trophy Park Drive (M. Cox).13.Consider and take appropriate action to appoint a Town Secretary effectiveAugust 29, 2023 (Denise Deprato, Human Resources Director)14.Consider and take appropriate action on review of Community Pool – Phase II(Stacey Bauer, Council Member) 15.Discuss and consider the request of Hogan’s Glen HOA (Mayor Pro Tem Sheridan) 16.Future Agenda Items List (Patrick Arata, Interim Town Manager) 17.Consider and take appropriate action regarding improvements to the Bobcat Blvd and the High School exit/entrance crosswalk to add pavement striping/marking and a second set of flashing lights and any other improvements required (Council Members Jeff Beach and Stacey Bauer) EXECUTIVE SESSION 18.Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter 551 (Texas Open Meetings Act), The Town Council will recess into executive session to discuss the following: a) Section 551.071 Consultation with Attorney          1) Hogan’s Glen and other HOAs b) Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: 1)  Town Manager 2)  Town Secretary RECONVENE INTO REGULAR SESSION 19.Consider and take appropriate action regarding Executive Session (Mayor Jeannette Tiffany/Mayor Pro Tem Dennis Sheridan) ADJOURN One or more members of the Town Council may participate remotely using video conference pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on August 25, 2023, by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Terri Johnson Interim 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 1 Town of Trophy Club Town Council Special Meeting Minutes 8/10/2023 The Trophy Club Town Council met in Special Session on Thursday, August 10, 2023. The meeting was held at Town Hall, 1 Trophy Wood Dr, Trophy Club, TX 76262. Town Council Members Present: Jeannette Tiffany Mayor Stacey Bauer Council Member, Place 1 Jeff Beach Council Member, Place 2 Dennis Sheridan Council Member, Place 3/Mayor Pro Tem Karl Monger Council Member, Place 4 LuAnne Oldham Council Member, Place 5 Steve Flynn Council member, Place 6 Staff Present: Patrick Arata Interim Town Manager Dean Roggia Town Attorney Terri Johnson Interim Town Secretary Denise Deprato Director of Human Resources CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Tiffany called the meeting to order at 1:00 pm announcing a quorum present. EXECUTIVE SESSION 1. Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Town Council will recess into executive session to discuss the following: a) Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: 1) Town Secretary 2) Town Manager Mayor Tiffany recessed Town Council to Executive Session at 1:00 pm. RECONVENE INTO REGULAR SESSION Mayor Tiffany reconvened into regular session at 4:33 pm. 5 2 PUBLIC COMMENT(S) There were no public comments at this time. INDIVIDUAL ITEMS 2. Consider and take appropriate action to appoint Town Secretary (Denise Deprato, Director of Human Resources) Mayor Pro Tem Sheridan made a motion to authorize Town Staff to extend a contingent offer for the position of Town Secretary subject to final approval and appointment by the Town Council. The motion was seconded by Council Member Monger and passed with the unanimous vote (7-0) of the Town Council. ADJOURN With no further business at hand, Mayor Tiffany adjourned the meeting at 4:34 pm. Attest: _______________________________ __________________________________ Terri Johnson, Interim Town Secretary Jeannette Tiffany, Mayor 6 1 Town of Trophy Club Town Council Regular Meeting Minutes 8/14/2023 The Trophy Club Town Council met on August 14, 2023. The meeting was held at Town Hall, 1 Trophy Wood Dr, Trophy Club, TX 76262. Town Council Members Present: Stacey Bauer Council Member, Place 1 Jeff Beach Council Member, Place 2 Dennis Sheridan Council Member, Place 3/Mayor Pro Tem LuAnne Oldham Council Member, Place 5 Steve Flynn Council Member, Place 6 Town Council Members Absent: Jeannette Tiffany Mayor Karl Monger Council Member, Place 4 Staff Present: Dean Roggia Town Attorney Terri Johnson Interim Town Secretary Jason Wise Fire Chief Bobby Tillman Acting Police Chief Matt Cox Community Development Director April Duvall Finance Director Denise Deprato HR Director Jill Lind Communications and Marketing Director Tamara Smith Assistant to the Town Manager CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Pro Tem Sheridan called the meeting to order at 6:00 pm announcing a quorum was present for the meeting with five (5) Council members in attendance. INVOCATION led by Pastor Joel Quilé, Bara Church PLEDGES led by Mayor Pro Tem Sheridan Pledge of Allegiance to the American Flag Pledge of Allegiance to the Texas Flag PUBLIC COMMENTS There were no public comments at this time. 7 2 COMMUNITY SPOTLIGHT 1. Receive update from Baylor Scott & White – Grapevine (Naman Mahajan, President, BSW) Mr. Naman Mahajan, President of Baylor Scott & White was present and briefly updated the Town Council on the services offered locally by this largest not-for-profit healthcare system in Texas. Members of the Town Council voiced their appreciation for the local healthcare facility. CONSENT AGENDA 2. Consider and take appropriate action to approve the Town Council Meeting Minutes dated July 25, 2023, and Town Council Meeting Minutes dated July 31, 2023 (Terri Johnson, Interim Town Secretary) Upon motion by Council Member Flynn, seconded by Council Member Beach, the Town Council unanimously approve Consent Agenda Item #2. INDIVIDUAL ITEMS Mayor Pro Tem Sheridan moved Agenda Item #6 up at this time. 6. Consider and take appropriate action on the establishment of a Public Arts Committee, board, or commission and open for applications (Tamara Smith, Assistant to the Town Manager) Tamara Smith, Assistant to the Town Manager, updated the Town Council on this proposed Ad Hoc Committee for Public Arts. Council Member Oldham made the motion that Council proceed with an initial ad hoc committee to formulate the Arts and Culture Commission and open the committee for applications to be considered by the Appointments Committee The motion was seconded by Mayor Pro Tem Sheridan and passed unanimously with a 5-0 vote. 3. Consider and take appropriate action on an Ordinance authorizing the issuance of Town of Trophy Club, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2023 in the approximate principal amount of $7,000,000, levying a tax, and providing for the security for and payment of said certificates; awarding the sale of certificates; authorizing the execution and delivery of a paying agent agreement; approving the official statement; enacting other provisions relating to the subject (April Duvall, Finance Director) April Duvall, Finance Director announced that bids were opened today at 10:00 AM for the sale of the Series 2023 Combination Tax and Revenue Certificates of Obligation. Mark McLiney, Financial Advisor with SAMCO Capital Markets, Inc. reviewed the bids received with the Town Council. The recommendation was to award the sale of these 8 3 certificates to the low bidder, BOK Financial Securities, Inc., Dallas, Texas, with the interest rate of 3.866094. He reported that the Town will only be borrowing $6,925,000 . In response to a question from the Mayor Pro Tem, it was reported that the prior to this issuance, the Town’s total indebtedness currently totaled $18,398,000. After discussion by the Town Council, Council Member Flynn made the motion to approve an Ordinance authorizing the issuance of Town of Trophy Club, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2023 in the approximate principle amount of $6,925,000, levying a tax, and providing for the security for and payment of said certificates; awarding the sale of certificates; authorizing the execution and delivery of a paying agent agreement; approving the official statement; enacting other provisions relating to the subject. The motion was seconded by Council Member Beach and passed with a 4-1 vote: AYES: Council Members Flynn, Beach, Bauer, and Oldham NOES: Mayor Pro Tem Sheridan TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2023-12 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $6,925,000 TOWN OF TROPHY CLUB, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2023; LEVYING A TAX, AND PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID CERTIFICATES; AWARDING THE SALE OF THE CERTIFICATES; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT AGREEMENT; APPROVING THE OFFICIAL STATEMENT; ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT. 4. Receive a presentation from Town Staff regarding the Fiscal Year 2024 Proposed Budget and take action to set a budget hearing date (April Duvall, Finance Director) Finance Director April Duvall recommended that a Public Hearing be held on the FY2023-2024 Budget be held on September 11, 2023 at 6:00 PM. She then reviewed the proposed budget, including funding and expenses. Denise Deprato, Director of Human Resources, reviewed the personnel costs in the proposed budget which included salaries and health care benefits. Ms. Duvall explained that the Town’s Reserve Fund was required to maintain a 30% minimum of the General Fund Budget and currently it was at 47%. It is proposed that $1.5 million be set aside from the Town’s Reserve Fund for one-time major expenditures, still leaving more than the required amount in the Reserve Fund. It was also pointed out that the Texas Legislature’s Senate Bill #2 pertained to school districts and does not affect the Town’s tax rate. 9 4 Following discussion by the Town Council, Mayor Pro Tem Sheridan moved to set the Public Hearing on the FY 2023-2024 Budget at 6:00 PM, on September 11, 2023. The motion was seconded by Council Member Oldham and passed unanimously with a 5-0 vote. 5. Consider and take appropriate action regarding a record vote on a not-to-exceed Fiscal Year 2024 Ad Valorem Tax Rate and to schedule a public hearing to meeting Truth in Taxation requirements as required by the Charter and related matters (April Duvall, Director of Finance) Upon recommendation from Finance Director Duvall, Council Member Flynn made the motion to approve a not-to-exceed tax rate of $0.415469 and to set the public hearing on the 2024 Tax Rate for 6:00 PM, September 25, 2023. The motion was seconded by Council Member Beach and passed unanimously with a 5- 0 vote. 7. Future Agenda Items List (Tamara Smith, Assistant to the Town Manager) Council Member Oldham, with support from Mayor Pro Tem Sheridan asked that a future agenda item be added regarding the Trophy Club Community Development Standards incorporate Legal Description Guidelines in the review process for the preparation of all real property descriptions, either for, or on behalf of, the Town of Trophy Club, Texas. The Mayor Pro Tem reported that Mayor Tiffany had asked that an agenda item be added to fully review the 1997 Comprehensive Plan and any revisions to the plan. Mayor Pro Tem Sheridan, with support from Council Member Flynn, requested that an item regarding the Hogan’s Glen issue be placed on the August 28th Town Council agenda, along with an Executive Session for consultation with the Town Attorney. EXECUTIVE SESSION 8. Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will recess into executive session to discuss the following: a) Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee 1. Town Manager 2. Town Secretary The Mayor Pro Tem announced that there was no need to go into Executive Session at this time. RECONVENE INTO REGULAR SESSION 9. Consider and take appropriate action regarding Executive Session (Mayor Pro Tem Dennis Sheridan) 10 5 ADJOURN With no further business at hand, Council Member Flynn made the motion to adjourn. The motion was seconded by Council Member Beach. Mayor Pro Tem Sheridan adjourned the meeting at 6:47 PM. Attest: _______________________________ ______________________________________ Terri Johnson, Interim Town Secretary Jeannette Tiffany, Mayor 11 Page 1 of 2 To: Mayor and Town Council From: April Duvall, Director of Finance CC: Terri Johnson, Interim Town Secretary Patrick Arata, Interim Town Manager Ernest Gillespie, Chief Financial Analyst Re: Fiscal Year 2023 – Third Quarter Investment Report Town Council Meeting, August 28, 2023 Agenda Item: Consider and take appropriate action regarding the Third Quarter Investment Report for Fiscal Year 2023 (A. Duvall). Strategic Link: Administrative & Financial Services – Exercise fiscal discipline in all Town operations. Background and Explanation: The Town’s current interest-bearing accounts have an ending market value of $29,067,634 as of June 30, 2023, which is a decrease of $ 462,957 since March 31, 2023. Property tax revenue is collected primarily in the first and second quarters of the fiscal year. The portfolio is liquid with a weighted average life of 1 day. The total average yield for this quarter was 4.93% which is slightly lower than the average rolling 6-month Treasury-Bill yield of 5.08% for the same period. A substantial portion of the Town’s investments remain placed in the InterBank Insured Cash Sweep account to take advantage of the fund’s liquidity and the 5.25% yield. Financial Considerations: Interest earnings for this quarter total $ 351,104, this gives the Town a total year-to-date interest earning of $ 824,866. Legal Review: Not applicable 12 Page 2 of 2 Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends acceptance of the Third Quarter Investment Report for Fiscal Year 2023. Attachments: •Third Quarter Investment Report FY 2023 13 14 Strategy Summary Quarter End Results by Investment Category: March 31, 2023 Book Value June 30, 2023 Book Value Market ValueAsset Type Demand Accounts Money Markets/Local Gov't Investment Pools Totals Ave. Yield Market Value Ave. Yield 0.82% 4.87% 4.49% $2,768,152 26,762,439 29,530,591 $2,768,152 26,762,439 29,530,591 1.76% 5.18% 4.93% $2,091,692 26,975,942 29,067,634 $2,091,692 26,975,942 29,067,634$$$$ Current Quarter Average Yield (1)Fiscal Year-to-Date Average Yield (2) Total Portfolio 4.93%Total Portfolio 4.43% Rolling Three Month Treasury Rolling Six Month Treasury TexPool 5.28% 5.08% 5.05% Rolling Three Month Treasury Rolling Six Month Treasury TexPool 4.75% 4.57% 4.55% Interest Revenue (Approximate) Quarterly Interest Income $ Year-to-date Interest Income $ 351,104 824,866 (1) Current Quarter Average Yield - based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered. The yield for the reporting month is used for bank, pool, and money market balances. (2) Fiscal Year-to-Date Average Yields - calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees. 1Town of Trophy Club Valley View Consulting, L.L.C. 15 Economic Overview 6/30/2023 The Federal Open Market Committee (FOMC) paused and kept the Fed Funds target range 5.00% - 5.25% June 14th (Effective Fed Funds are trading +/-5.08%). Another increase is projected after the July 25-26 meeting. First quarter 2023 GDP (Final) recorded 2.0%. June Non-Farm Payroll added 209k new jobs, below the 230k projection. The three month average declined to 244k. The S&P Stock Index continues moderate increases, trading +/-4,400. The yield curve rose from last month but remains steeply inverted with the expectation of future FOMC rate decreases. Crude Oil trades over +/-$70 per barrel. Inflation declined slightly but is still over the FOMC 2% target (Core PCE +/-4.6% and CPI +/-5.3%). The Ukrainian/Russian war and Middle East conflicts increase market anxiety. Treasury Yield Curves S&P 5006.00 5.00 4.00 3.00 2.00 1.00 0.00 5,250 5,000 4,750 4,500 4,250 4,000 3,750 3,500 3,250 3,000 2,750 2,5002,250 2,0001,7501,5001,250 1,000750500 250 0 June 30, 2022 March 31, 2023 June 30, 2023 US Treasury Historical Yields - Since 2006 US Treasury Historical Yields - Since Nov 20156.00 5.50 5.00 4.50 4.00 3.50 3.00 2.50 2.00 1.50 1.00 0.50 0.00 6.00 5.50 5.00 4.50 4.00 3.50 3.00 2.50 2.00 1.50 1.00 0.50 0.00 Six Month T-Bill Two Year T-Note Ten Year T-Note Six Month T-Bill Two Year T-Note Ten Year T-Note 2Valley View Consulting, L.L.C. 16 Investment Holdings June 30, 2023 Coupon/ Maturity Settlement Book Value Market Price 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Market Value 194 1,543,209 548,289 Life (days) YieldDescriptionRatings Discount 1.35% Date Date Par Value 194 1,543,209 548,289 Wells Fargo - Cash (3) PlainsCapital Bank - Cash PlainsCapital Bank - ICS Sweep InterBank Money Market Account InterBank IntraFi MMA TexPool LGIP 07/01/23 06/30/23 07/01/23 06/30/23 07/01/23 06/30/23 07/01/23 06/30/23 07/01/23 06/30/23 07/01/23 06/30/23 07/01/23 06/30/23 $$194 $1 1 1 1 1 1 1 1.35% 0.70% 4.76% 5.38% 5.25% 5.05% 4.96% 0.70% 4.76% 1,543,209 548,289 250,074 17,966,494 5,840,089 2,919,284 5.38% 5.25% 250,074 250,074 17,966,494 5,840,089 2,919,284 17,966,494 5,840,089 2,919,284 AAAm AAAm 5.05% 4.96%TexasCLASS LGIP-Gov't $ 29,067,634 $ 29,067,634 $ 29,067,634 1 4.93% (1)(2) (1) Weighted average life - For purposes of calculating weighted average life, bank accounts, pools and money market funds are assumed to have an one day maturity. (2) Weighted average yield to maturity - The weighted average yield to maturity is based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered. The yield for the reporting month is used for bank accounts, pools and money market funds. (3) Effective Blended Rate - Stated Earnings Credit Rate (0.70%) and GAIC Interest Rate (0.40%) adjusted for Balance Assessment fee and then calculated as a Weighted Average Yield. Valley View Consulting, L.L.C.Town of Trophy Club 3 17 Distribution by Maturity (Millions)Portfolio Composition MMA/MMF/LGIP 93%$35 $30 $25 $20 $15 $10 $5 $0 Demand Accounts 7% Total Portfolio Performance Total Portfolio (Millions) 6.00 $35 $30 $25 $20 $15 $10 $5 5.00 4.00 3.00 2.00 1.00 0.00 $0 TexPool Weighted Average Yield Rolling 6 Month T-Bill Quarter End Book Value 4Town of Trophy Club Valley View Consulting, L.L.C. 18 Book & Market Value Comparison Maturity Book Value Date 03/31/23 Book Value Market Value Change in Market Value 06/30/23 03/31/23 Market Value 06/30/23Issuer/Description Wells Fargo - Cash PlainsCapital Bank - Cash PlainsCapital Bank - ICS Sweep InterBank Money Market Account InterBank IntraFi MMA Yield Increases Decreases 1.35% 07/01/23 $ 1,378,055 $– 192,994 508,407 55 $ (1,377,861) $194 $ 1,378,055 $ (1,377,861) $ 194 0.70% 07/01/23 4.76% 07/01/23 5.38% 07/01/23 5.25% 07/01/23 5.05% 07/01/23 4.96% 07/01/23 1,350,215 39,883 250,020 18,659,917 5,291,287 2,561,215 – – – 1,543,209 548,289 250,074 1,350,215 39,883 250,020 192,994 508,407 55 1,543,209 548,289 250,074 –(693,423) 17,966,494 18,659,917 5,291,287 2,561,215 (693,423) 17,966,494 TexPool LGIP TexasCLASS LGIP-Gov't 548,802 358,069 – – 5,840,089 2,919,284 548,802 358,069 5,840,089 2,919,284 TOTAL / AVERAGE 4.93%$ 29,530,591 $ 1,608,327 $ (2,071,284) $ 29,067,634 $ 29,530,591 $(462,957) $ 29,067,634 5Town of Trophy Club Valley View Consulting, L.L.C. 19 Allocation June 30, 2023 Book & Market Value Storm Drainage Utility Hotel Occupancy Tax Parkland DedicationTotalGeneral Fund Debt Service EDC Wells Fargo - Cash $194 $194 1,366,855 548,289 125,037 13,336,229 1,432,744 – $–$–$– – – – – $–$– PlainsCapital Bank - Cash PlainsCapital Bank - ICS Sweep InterBank Money Market InterBank IntraFi MMA TexPool LGIP 1,543,209 548,289 ––176,354 – –––– 250,074 –––– 17,966,494 5,840,089 2,919,284 – 1,770,966 – – 1,523,546 – – – – –1,112,834 –TexasCLASS LGIP-Gov't 2,500,771 418,513 Total $ 29,067,634 $ 16,809,349 $ 1,770,966 $ 1,523,546 $ 1,112,834 $ 2,677,124 $418,513 6Town of Trophy Club Valley View Consulting, L.L.C. 20 Allocation June 30, 2023 Book & Market Value (Continued) 2017 CO Bond Funds Bond Funds 2021 CO CIP Funds Wells Fargo - Cash $–$–$– PlainsCapital Bank - Cash PlainsCapital Bank - ICS Sweep InterBank Money Market InterBank IntraFi MMA TexPool LGIP ––– – 125,037 518,590 – –– –– 3,413,102 698,574 – – – –TexasCLASS LGIP-Gov't – Total $643,627 $ 3,413,102 $698,574 7Town of Trophy Club Valley View Consulting, L.L.C. 21 Allocation March 31, 2023 Book & Market Value American Storm Drainage Utility Hotel Occupancy Tax Total General Fund Rescue Plan Debt Service Act EDC Wells Fargo - Cash $ 1,378,055 1,350,215 39,883 $15,094 $ 1,362,961 $–$–$– – – – – $– PlainsCapital Bank - Cash PlainsCapital Bank - ICS Sweep InterBank Money Market InterBank IntraFi MMA TexPool LGIP 1,000,314 – – – – – – ––349,900 39,883 125,010 13,193,133 1,584,183 – ––– 250,020 ––– 18,659,917 5,291,287 2,561,215 – 1,520,930 – – 1,304,015 – – –882,159 –TexasCLASS LGIP-Gov't 2,147,747 Total $ 29,530,591 $ 15,957,617 $ 1,362,961 $ 1,520,930 $ 1,304,015 $882,159 $ 2,497,647 8Town of Trophy Club Valley View Consulting, L.L.C. 22 Allocation March 31, 2023 Book & Market Value (Continued) Parkland 2017 CO 2021 CO CIP FundsDedication Bond Funds Bond Funds Wells Fargo - Cash $–$–$–$– PlainsCapital Bank - Cash PlainsCapital Bank - ICS Sweep InterBank Money Market InterBank IntraFi MMA TexPool LGIP –––– –– 125,010 612,280 – –– ––– – – 4,029,724 824,780 – – – –TexasCLASS LGIP-Gov't 413,468 – Total $413,468 $737,290 $ 4,029,724 $824,780 9Town of Trophy Club Valley View Consulting, L.L.C. 23 Page 1 of 2 To: Mayor and Town Council From: Patrick Arata, Interim Town Manager CC: April Duvall, Finance Director Terri Johnson, Interim Town Secretary Re: Engagement Letter, FORV/S (Formerly BKD) Auditing Services Town Council Meeting, August 28, 2023 Agenda Item: Consider and take appropriate action regarding the signing of the engagement letter for auditing services for the Fiscal Year 2023; and authorizing the Mayor or her designee to execute all necessary documents (A. Duvall). Strategic Link: Administrative & Financial Services – Exercise fiscal discipline in all Town operations. Background and Explanation In FY2020-21 the Town selected BKD to perform auditing services, after soliciting for proposals. Since the signing of the contract with BKD, there was a merger and BKD is now known as FORV/S. This letter is the engagement letter to provide those services for Fiscal Year 2023. This is the final year of a three year contract, with an option for two additional one year terms making the total contract option five years. Financial Considerations: The engagement fees for FY23 are $48,800 audit services. FORV/S is also quoting professional services of $5,000 to $15,000 in assistance with new GASB 94 and GASB 96 reporting requirements. FORV/S does reserve the right to revise their fees if other conditions become known or additional services are requested. 24 Page 2 of 2 Legal Review: Reviewed by Town Legal and approved as presented with the attached Amendment, most of the provisions are included for state law compliance. Board/Commission/Committee Recommendation: N/A Staff Recommendation: Staff recommends approval of the FY23 engagement letter as presented from FORV/S for auditing services. Attachments: •Engagement Letter – FORV/S •FORV/S Amendment – Town Attorney 25 August 9, 2023 Honorable Jeannette Tiffany, Mayor Members of Town Council Patrick Arata, Interim Town Manager April Duvall, Director of Finance Town of Trophy Club, Texas 1 Trophy Wood Drive Trophy Club, Texas 76262 We appreciate your selection of FORVIS, LLP as your service provider and are pleased to confirm the arrangements of our engagement in this contract. Within the requirements of our professional standards and any duties owed to the public, regulatory, or other authorities, our goal is to provide you an Unmatched Client Experience.2F In addition to the terms set forth in this contract, including the detailed Scope of Services, our engagement is governed by the following, incorporated fully by this reference: • HIPAA Business Associate Agreement • Terms and Conditions Addendum3F Summary Scope of Services As described in the attached Scope of Services, our services will include the following: Tow of Trophy Club, Texas • Audit Services for the year ended September 30, 2023 You agree to assume full responsibility for the substantive outcomes of the contracted services and for any other services we may provide, including any findings that may result. You also acknowledge these services are adequate for your purposes, and you will establish and monitor the performance of these services to ensure they meet management’s objectives. All decisions involving management responsibilities related to these services will be made by you, and you accept full responsibility for such decisions. We understand you have designated a management-level individual(s) to be responsible and accountable for overseeing the performance of nonattest services, and you have determined this individual is qualified to conduct such oversight. 26 Town of Trophy Club, Texas August 9, 2023 Page 2 As required by Chapter 2271, Texas Government Code, we represent that we do not boycott Israel and will not boycott Israel through the term of this engagement. For purposes of this representation, “boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. Engagement Fees The fee for our services will be $48,800, which includes an administrative fee of five (5) percent to cover certain technology and administrative costs associated with our services. The fee above is based on testing one major program under the Uniform Guidance. Incremental fees for the testing of additional major programs, if applicable, will be billed at a cost of $7,500 per additional major program. In addition, we have estimated the time, skill and resources required for assistance with the new standards discussed below to range between $5,000 and $15,000. Our pricing for this engagement and our fee structure are based upon the expectation that our invoices will be paid promptly. Payment of our invoices is due upon receipt. We will issue progress billings during the course of our engagement. Our timely completion of services and the fees thereon depends on the assistance you provide us in accumulating information and responding to our inquiries. Inaccuracies or delays in providing this information or the responses may result in additional billings, untimely filings, or inability to meet other deadlines. Our fees do not contemplate the following transactions or activities during the period of this engagement: • Change in accounting principles other than GASB 94, Public-Private and Public-Public Partnerships and Availability Payment Arrangements, and GASB 96, Subscription-Based Information Technology Arrangements • Violation of covenants in debt arrangements • Indications of fraudulent financial reporting or misappropriation of assets • Quantitative impairment analysis of long-lived assets • More than 1 major federal awards program If there are changes in circumstances where these or other conditions become known and significant additional time is necessary or additional services are requested, we reserve the right to revise our fees. Assistance with New Standards6F Assistance and additional time as a result of the adoption of the following new standards are not included within our standard engagement fees. These fees will be based on time expended and will vary based on the level of assistance and procedures required. Governmental Accounting Standards Board Statement No. 94, Public-Private and Public-Public Partnerships and Availability Arrangements and Governmental Accounting Standards Board Statement No. 96, Subscription-Based Information Technology Arrangements, are effective for the Town’s fiscal year 2023. 27 Town of Trophy Club, Texas August 9, 2023 Page 3 Statement No. 94 provides uniform guidance on accounting and financial reporting for public-private and public-public partnership arrangements (PPPs) and availability payment arrangements (APAs). As used in this Statement, a PPP is an arrangement in which a government (the transferor) contracts with an operator (a governmental or nongovernmental entity) to provide public services by conveying control of the right to operate or use an infrastructure or other nonfinancial asset (the underlying PPP asset) for a period of time in an exchange or exchange-like transaction. Statement 94 also addresses APAs, which are arrangements where a government compensates an operator for services that may include designing, constructing, financing, maintaining, or operating an underlying infrastructure or other nonfinancial asset for a period of time in an exchange or exchange-like transaction. This statement requires governments to report assets and liabilities related to PPPs consistently and disclose information about PPP transactions. Statement No. 96 addresses the accounting for the costs related to cloud computing agreements. Under this Statement, a government reports a subscription asset and subscription liability for agreements meeting the definition of a subscription-based information technology arrangement (SBITA) and to disclose essential information about the arrangement. We can assist you with the adoption by providing services which may include, but are not limited to: • Assessing your readiness by assisting with the evaluation of your: o Current controls and policies o Current internal resources and system capabilities • Assisting with changes required to adopt Statement No. 94 and 96, including: o Assisting with information gathering to develop an inventory of all PPP and APA agreements, service contracts, and other arrangements that may contain right-to-use IT assets o Recommending enhancements to existing controls and policies or suggesting new controls and policies to address Statement No. 94 and 96 o Documenting any changes from your previous IT subscription recognition and reporting methods o Assistance with the required journal entries and calculations to implement GASB 94 and 96 o Drafting the required disclosures The time it will take to perform the above assistance and our additional audit procedures relating to the adoption of the Statements, and any time to assist you with the adoption, may be minimized to the extent your personnel will be available to provide timely and accurate documentation and information as requested by us. Contract Agreement Please sign and return this contract to indicate your acknowledgment of, and agreement with, the arrangements for our services including our respective responsibilities. FORVIS, LLP 28 Town of Trophy Club, Texas August 9, 2023 Page 4 Acknowledged and agreed to as it relates to the entire contract, including the Scope of Services, HIPAA Business Associate Agreement, and Terms and Conditions Addendum,7F on behalf of the Town of Trophy Club, Texas. BY Patrick Arata, Interim Town Manager DATE BY April Duvall, Director of Finance DATE 29 Town of Trophy Club, Texas August 9, 2023 Page 5 Scope of Services – Audit Services We will audit the governmental activities, the business-type activities, the discretely presented component units, each major fund, and the aggregate remaining fund information and related disclosures, which collectively comprise the basic financial statements for the following entity: Town of Trophy Club, Texas as of and for the year ended September 30, 2023 The audit has the following broad objectives: • Obtaining reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error • Expressing opinions on the financial statements • Issuing a report on your internal control over financial reporting and compliance and other matters based on the audit of your financial statements in accordance with Government Auditing Standards • Expressing an opinion on your compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect to each of your major federal award programs in accordance with the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), if required • Issuing a report on your internal control over compliance in accordance with the Uniform Guidance, if required • Issuing a report on your schedule of expenditures of federal awards, if required11F You have informed us that the audited financial statements are expected to be presented along with management’s annual comprehensive financial report. Management is responsible for the other information (introductory and statistical sections) included in the annual comprehensive financial report. The other information comprises the annual comprehensive financial report but does not include the financial statements and our auditor’s report thereon. Our opinion on the financial statements will not cover the other information, and we will not express an opinion or any form of assurance thereon. In connection with our audit of the financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the financial statements, or whether the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report.13F We will also express an opinion on whether the combining and individual fund financial statements, budget and actual schedules, financial statements of the discretely presented component units, and, if applicable, the schedule of expenditures of federal awards (“supplementary information”) is fairly stated, in all material respects, in relation to the financial statements as a whole.16F If necessary, we will complete the auditee portion of the Form SF-SAC (Data Collection Form) through the Federal Audit Clearinghouse. We will not make the submission on your behalf. You will review a draft(s) of the submission prior to transmission and agree that you are solely responsible for approving the final draft for transmission as well as for the auditee submission and certification. We will also provide you with the following nonattest services:17F • Preparing lease schedules based on your assignment of lease asset lives and methods, if requested • Preparing a draft of the financial statements and related notes 30 Town of Trophy Club, Texas August 9, 2023 Page 6 • Proposing for your review and approval the adjusting entries to convert your modified accrual statements to accrual-basis accounting records. Management is responsible for the propriety of the accrual adjustments • Proposing for your review and approval the year-end entries related to Governmental Accounting Standards Board Statements 68, 75, 87, 94, and 96. Management is responsible for the proprietary of the entries • Preparing a draft of the supplementary information, including the schedule of expenditures of federal awards You agree to assume all management responsibilities and to oversee the nonattest services we will provide by designating an individual possessing suitable skill, knowledge, and/or experience. You acknowledge that nonattest services are not covered under Government Auditing Standards. You are responsible for: • Making all management decisions and performing all management functions • Evaluating the adequacy and results of the services performed • Accepting responsibility for the results of such services • Designing, implementing, and maintaining internal controls, including monitoring ongoing activities Lauren Berry, Senior Manager, is responsible for supervising the engagement and authorizing the signing of the report or reports. We will issue written reports upon completion of our audits, addressed to the following parties: Entity Name Party Name Town of Trophy Club, Texas The Honorable Mayor and Members of the Town Council You are responsible to distribute our reports to other officials who have legal oversight authority or those responsible for acting on audit findings and recommendations, and to others authorized to receive such reports. The following apply for the audit services described above: Our Responsibilities19F We will conduct our audit in accordance with auditing standards generally accepted in the United States of America (GAAS), the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States and the Uniform Guidance. Those standards require that we plan and perform: • The audit of the financial statements to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by fraud or error • The audit of compliance to obtain reasonable rather than absolute assurance about whether the entity complied with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each major federal award program We will exercise professional judgment and maintain professional skepticism throughout the audit. 31 Town of Trophy Club, Texas August 9, 2023 Page 7 We will identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. We will obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances. We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will also conclude, based on audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the entity’s ability to continue as a going concern for a reasonable period of time. We will identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the entity’s compliance with compliance requirements subject to audit and performing such other procedures as the auditor considers necessary in the circumstances. We will obtain an understanding of the entity’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control over compliance. Accordingly, no such opinion is expressed. We are required to communicate with those charged with governance, regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that the auditor identified during the audit. Limitations & Fraud Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit that is planned and conducted in accordance with GAAS will always detect a material misstatement or material noncompliance with federal award programs when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if, there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. The risk of not detecting a material misstatement or material noncompliance resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with compliance requirements is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the 32 Town of Trophy Club, Texas August 9, 2023 Page 8 report on compliance about the entity’s compliance with the requirements of the federal programs as a whole. Our understanding of internal control is not for the purpose of expressing an opinion on the effectiveness of your internal control. However, we will communicate to you in writing any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we identify during the audit. We are available to perform additional procedures with regard to fraud detection and prevention at your request, subject to completion of our normal engagement acceptance procedures. The actual terms and fees of such an engagement would be documented in a separate contract to be signed by you and FORVIS. Opinion Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinion, add an emphasis-of-matter paragraph or other-matter paragraph(s) to our auditor’s report, or if necessary, decline to express an opinion or withdraw from the engagement. If we discover conditions that may prohibit us from issuing a standard report, we will notify you. In such circumstances, further arrangements may be necessary to continue our engagement. Your Responsibilities Management and, if applicable, those charged with governance acknowledge and understand their responsibility for the accuracy and completeness of all information provided and for the following: • Audit Support – to provide us with: o Unrestricted access to persons within the entity or within components of the entity (including management and those charged with governance) from whom we determine it necessary to obtain audit evidence o Information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, including access to information relevant to disclosures o Information about events occurring or facts discovered subsequent to the date of the financial statements, of which management may become aware, that may affect the financial statements o Information about any known or suspected fraud affecting the entity involving management, employees with significant role in internal control, and others where fraud could have a material effect on the financials o Identification and provision of report copies of previous audits, attestation engagements, or other studies that directly relate to the objectives of the audit, including whether related recommendations have been implemented o Additional information that we may request for the purpose of the audit • Internal Control and Compliance – for the: o Design, implementation, and maintenance of internal control relevant to compliance with laws and regulations and the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error 33 Town of Trophy Club, Texas August 9, 2023 Page 9 o Alignment of internal control to ensure that appropriate goals and objectives are met; that management and financial information is reliable and properly reported; and that compliance with and identification of the laws, regulations, contracts, grants, or agreements (including any federal award programs) applicable to the entity’s activities is achieved o Remedy, through timely and appropriate steps, of fraud and noncompliance with provisions of laws, regulations, contracts, or other agreements reported by the auditor o Establishment and maintenance of processes to track the status and address findings and recommendations of auditors • Accounting and Reporting – for the: o Maintenance of adequate records, selection and application of accounting principles, and the safeguard of assets o Adjustment of the financial statements to correct material misstatements and confirmation to us in the representation letter that the effects of any uncorrected misstatements aggregated by us are immaterial, both individually and in the aggregate, to the financial statements taken as a whole o Preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America o Inclusion of the auditors’ report in any document containing financial statements that indicates that such financial statements have been audited by us o Distribution of audit reports to any necessary parties The results of our tests of compliance and internal control over financial reporting performed in connection with our audit of the financial statements may not fully meet the reasonable needs of report users. Management is responsible for obtaining audits, examinations, agreed-upon procedures, or other engagements that satisfy relevant legal, regulatory, or contractual requirements or fully meet other reasonable user needs. Required Supplementary Information Accounting principles generally accepted in the United States of America provide for certain required supplementary information (“RSI”) to accompany the basic financial statements. We understand the following RSI will accompany the basic financial statements: 1. Management’s Discussion and Analysis (“MD&A”) 2. Budgetary comparison 3. Pension and Other Postemployment Benefit information Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Management is responsible for the fair presentation of the RSI. As part of our engagement, we will apply certain limited procedures to the RSI in GAAS. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with 34 Town of Trophy Club, Texas August 9, 2023 Page 10 management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Supplementary Information With regard to any supplementary information that we are engaged to report on: • Management is responsible for its preparation in accordance with applicable criteria • Management will provide certain written representations regarding the supplementary information at the conclusion of our engagement • Management will include our report on this supplementary information in any document that contains this supplementary information and indicates we have reported on the supplementary information • Management will make the supplementary information readily available to intended users if it is not presented with the audited financial statements Such information is: • Presented for the purpose of additional analysis of the financial statements • Not a required part of the financial statements • The responsibility of management • Subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with GAAS Written Confirmations Required As part of our audit process, we will request from management and, if applicable, those charged with governance written confirmation acknowledging certain responsibilities outlined in this contract and confirming: • The availability of this information • Certain representations made during the audit for all periods presented • The effects of any uncorrected misstatements, if any, resulting from errors or fraud aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole Peer Review Report Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract, upon request. If you would like a copy, please request from your engagement executive. 35 Town of Trophy Club, Texas August 9, 2023 Page 11 HIPAA Business Associate Agreement This Business Associate Agreement (“BAA”) is entered into by and between FORVIS, LLP (hereinafter referred to as “Business Associate”) and the Town of Trophy Club, Texas (hereinafter referred to as “Covered Entity”). RECITALS Business Associate provides services to Covered Entity under this contract (the “Contract”), and Covered Entity wishes to disclose certain information to Business Associate pursuant to the terms of such Contract, some of which may constitute Protected Health Information (“PHI”). The purpose of this BAA is to comply with all applicable federal and state laws governing the privacy of PHI. As used herein, the Privacy Rule and the Security Rule are each deemed to include the amendments thereto, collectively referred to as “HIPAA/HITECH Final Omnibus Rule,” that are included in the: • Modifications to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy, Security, Enforcement, and Breach Notification Rules Under the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”) and the Genetic Information Nondiscrimination Act • Other Modifications to the HIPAA Rules • Final Rule (the “Omnibus Rule”), 78 Fed. Reg. 5565 Notwithstanding the terms of this or any other agreement between Covered Entity and Business Associate, Business Associate shall comply with all of its statutory and regulatory obligations stated under the HIPAA/HITECH Final Omnibus Rule. The terms stated herein shall have the same definitions as provided in HIPAA. In consideration of the mutual promises below and the exchange of information pursuant to this BAA, the parties agree as follows: 1. Permitted Uses and Disclosures. Except as described in the enumerated subparagraphs below, Business Associate shall not use or disclose PHI received from Covered Entity or created on behalf of Covered Entity. Exceptions: 1.1. As reasonably necessary to provide the services in the Contract; 1.2. As otherwise permitted or required by this BAA; 1.3. As required by law; and 1.4. For the proper management and administration of Business Associate’s business and to disclose PHI in connection with such management and administration, and to carry out the legal responsibilities of the Business Associate, provided Business Associate obtains reasonable assurances from the recipient that the PHI shall be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the recipient, and Business Associate requires the recipient to notify it of any instances of which it is aware in which the confidentiality of the PHI has been breached. 2. Safeguards. Business Associate shall not use or disclose PHI other than as permitted or required by the BAA or as required by law. 2.1. Business Associate shall establish and maintain appropriate safeguards and shall comply with the Security Rule with respect to electronic PHI (“ePHI”) to prevent the use or disclosure of such ePHI other than as provided for by the Contract including this BAA. 2.2. To the extent the Business Associate is to carry out one or more of Covered Entity’s obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligation(s). 3. Subcontracts. In accordance with the requirements of the Privacy Rule and the Security Rule, Business Associate shall ensure any subcontractors that create, receive, maintain, or transmit PHI on behalf of Business Associate agree to the same restrictions, conditions, and requirements that apply to the Business Associate with respect to such information. 4. Obligations of Covered Entity. Covered Entity shall obtain any consent or authorization that may be required by HIPAA, or applicable state law, prior to furnishing Business Associate with PHI, including ePHI. Covered Entity shall notify Business Associate of: 4.1. Any limitation(s) in the Covered Entity’s notice of privacy practices under 45 CFR 164.520, to the extent that such limitation may affect Business Associate’s use or disclosure of PHI; 4.2. Any changes in, or revocation of, the permission by an individual to use or disclose his or her PHI, to the extent that such changes may affect Business Associate’s use or disclosure of PHI; and 4.3. Any restriction on the use or disclosure of PHI that Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect Business Associate’s use or disclosure of PHI. Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under Subpart E of 45 CFR Part 164 if done by Covered Entity. Covered Entity shall provide to Business Associate only the minimum PHI necessary to perform the services set forth in a Contract. 5. Reporting, Notification, and Mitigation. 5.1. Reporting. Business Associate shall notify Covered Entity of any use or disclosure of PHI not provided for by the BAA of which it becomes aware, including breaches of unsecured PHI as required at 45 CFR 164.410, and any security incident of which it becomes aware, provided that with respect to Unsuccessful Security Incidents (as 36 Town of Trophy Club, Texas August 9, 2023 Page 12 defined below), Business Associate shall report to Covered Entity any such Unsuccessful Security Incidents that are material to the protection of Covered Entity’s PHI. For purposes of this Business Associate Agreement, the term “Unsuccessful Security Incident” shall mean any security incident that does not result in any unauthorized access, use, disclosure, modification, or destruction of ePHI or any interference with system operations in Business Associate’s information system. 5.2. Notification. To assist Covered Entity in fulfilling its responsibility to notify individuals and others of a breach involving Unsecured PHI as required by HIPAA and applicable state law, the notification shall include, to the greatest extent reasonably possible: i. Each individual whose unsecured PHI was subject to the breach; and ii. Any other available information Covered Entity is required to include in its legally required notification to individual(s) or others. 5.3. Mitigation. Business Associate shall mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this BAA. 6. Term and Termination. 6.1. Term. The Term of this BAA shall be effective as of the last date signed and shall terminate without any further action of the parties upon the expiration or termination of the Contract or on the date Covered Entity terminates for cause as authorized in paragraph 6.2 of this section, whichever is sooner. 6.2. Termination for Cause. Covered Entity may terminate this BAA if Business Associate has violated a material term of the BAA and Business Associate has not cured the breach or ended the violation within the time specified by Covered Entity. 6.3. Obligations of Business Associate Upon Termination. Upon termination of this BAA for any reason, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: i. Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; ii. Return to Covered Entity or destroy the remaining PHI that the Business Associate still maintains in any form; iii. Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to ePHI to prevent use or disclosure of the PHI, other than as provided for in this section, for as long as Business Associate retains the PHI; iv. Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set forth in this BAA which applied prior to termination; and v. Return to Covered Entity or destroy the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities. 6.4. Survival. The obligations of Business Associate under this section shall survive the termination of this BAA. 7. Designated Record Set. To the extent Business Associate maintains PHI in a Designated Record Set, Business Associate shall: 7.1. Make available PHI in a Designated Record Set to the Covered Entity as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.524; and 7.2. Incorporate any amendments or corrections to PHI at the request of Covered Entity in accordance with 45 CFR 164.526, or take other measures as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.526. 8. Accounting of Disclosures. Business Associate shall maintain and make available the information required to provide an accounting of disclosures to the Covered Entity as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.528. 9. Access to Records. Business Associate shall make its internal practices, books, and records available to the Secretary of Health and Human Services for purposes of determining compliance with the HIPAA Rules. 10. Insurance. Business Associate shall maintain insurance coverage in form and amount necessary to cover data loss and/or damage or the unauthorized disclosure and/or fraudulent use of data. Upon request, Business Associate shall provide Covered Entity with a certificate of insurance evidencing the coverage. 11. Privilege. No statutory or common law privilege, including privileges established or recognized by the attorney-client, accountant-client, or other legal privilege, shall be deemed to have been waived by virtue of this BAA. 12. No Third-Party Beneficiaries. Nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this BAA. 13. Integration. Any reference in this Agreement to a section of the HIPAA/HITECH Final Omnibus Rule, and applicable regulations, means the section as in effect as amended and for which compliance is required. 37 Town of Trophy Club, Texas August 9, 2023 Page 13 14. General. This BAA is governed by, and shall be construed in accordance with, the laws of the State of Texas. If any part of a provision of this BAA is found illegal or unenforceable, it shall be enforced to the maximum extent permissible, and the legality and enforceability of the remainder of that provision and all other provisions of this BAA shall not be affected. This BAA may be modified, or any rights under it waived, only by a written document executed by the authorized representatives of both parties. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 38 Town of Trophy Club, Texas August 9, 2023 Page 14 FORVIS, LLP Terms and Conditions Addendum GENERAL 1. Overview. This addendum describes FORVIS LLP’s standard terms and conditions (“Terms and Conditions”) applicable to Our provision of services to the Client (“You”). The Terms and Conditions are a part of the contract between You and FORVIS, LLP. For the purposes of the Terms and Conditions, any reference to “Firm,” “We,” “Us,” or “Our” is a reference to FORVIS, LLP (“FORVIS”), and any reference to “You” or “Your” is a reference to the party or parties that have engaged Us to provide services and the party or parties ultimately responsible for payment of Our fees and costs. BILLING, PAYMENT, & TERMINATION 2. Billing and Payment Terms. We will bill You for Our professional fees and costs as outlined in Our contract. Unless otherwise provided in Our contract, payment is due upon receipt of Our billing statement. Interest will be charged on any unpaid balance after 30 days at the rate of 10 percent per annum, or as allowed by law at the earliest date thereafter, and highest applicable rate if less than 10 percent. All fees, charges, and other amounts payable to FORVIS hereunder do not include any sales, use, excise, value-added, or other applicable taxes, tariffs, or duties, payment of which shall be Your sole responsibility, and do not include any applicable taxes based on FORVIS’ net income or taxes arising from the employment or independent contractor relationship between FORVIS and FORVIS’ personnel. We reserve the right to suspend or terminate Our work for this engagement or any other engagement for nonpayment of fees. If Our work is suspended or terminated, You agree that We will not be responsible for Your failure to meet governmental and other deadlines, for any penalties or interest that may be assessed against You resulting from Your failure to meet such deadlines, and for any other damages (including but not limited to consequential, indirect, lost profits, or punitive damages) incurred as a result of the suspension or termination of Our services. Our fees may increase if Our duties or responsibilities are increased by rulemaking of any regulatory body or any additional new accounting or auditing standards. Our engagement fees do not include any time for post-engagement consultation with Your personnel or third parties, consent letters and related procedures for the use of Our reports in offering documents, inquiries from regulators, or testimony or deposition regarding any subpoena. Charges for such services will be billed separately. 3. Billing Records. If these services are determined to be within the scope and authority of Section 1861(v)(1)(I) of the Social Security Act, We agree to make available to the Secretary of Health and Human Services, or to the U.S. Comptroller General, or any of their duly authorized representatives, such of Our books, documents, and records that are necessary to certify the nature and extent of Our services, until the expiration of four (4) years after the furnishing of these services. This contract allows access to contracts of a similar nature between subcontractors and related organizations of the subcontractor, and to their books, documents, and records. 4. Termination. Either party may terminate these services in good faith at any time for any reason, including Your failure to comply with the terms of Our contract or as We determine professional standards require. Both parties must agree, in writing, to any future modifications or extensions. If services are terminated, You agree to pay FORVIS for time expended to date. In addition, You will be billed costs and fees for services from other professionals, if any, as well as an administrative fee of five (5) percent to cover certain technology and administrative costs associated with Our services. Unless terminated sooner in accordance with its terms, this engagement shall terminate upon the completion of FORVIS’ services hereunder. DISPUTES & DISCLAIMERS 5. Mediation. Any dispute arising out of or related to this engagement will, prior to resorting to litigation, be submitted for nonbinding mediation upon written request by either party. Both parties agree to try in good faith to settle the dispute in mediation. The mediator will be selected by agreement of the parties. The mediation proceeding shall be confidential. Each party will bear its own costs in the mediation, but the fees and expenses of the mediator will be shared equally. 6. Indemnification. Unless disallowed by law or applicable professional standards, You agree to hold FORVIS harmless from any and all claims which arise from knowing misrepresentations to FORVIS, or the intentional withholding or concealment of information from FORVIS by Your management or any partner, principal, shareholder, officer, director, member, employee, agent, or assign of Yours. You also agree to indemnify FORVIS for any claims made against FORVIS by third parties, which arise from any wrongful actions of Your management or any partner, principal, shareholder, officer, director, member, employee, agent, or assign of Yours. The provisions of this paragraph shall apply regardless of the nature of the claim. 7. Statute of Limitations. You agree that any claim or legal action arising out of or related to this contract and the services provided hereunder shall be commenced no more than one (1) year from the date of delivery of the work product to You or the termination of the services described herein (whichever is earlier), regardless of any statute of limitations prescribing a longer period of time for commencing such a claim under law. This time limitation shall apply regardless of whether FORVIS performs other or subsequent services for You. A claim is understood to be a demand for money or services, demand for mediation, or the service of suit based on a breach of this contract or the acts or omissions of FORVIS in performing the services provided herein. This provision shall not apply if enforcement is disallowed by applicable law or professional standards. 39 Town of Trophy Club, Texas August 9, 2023 Page 15 8. Limitation of Liability. You agree that FORVIS’ liability, if any, arising out of or related to this contract and the services provided hereunder, shall be limited to the amount of the fees paid by You for services rendered under this contract. This limitation shall not apply to the extent it is finally, judicially determined that the liability resulted from the intentional or willful misconduct of FORVIS or if enforcement of this provision is disallowed by applicable law or professional standards. 9. Waiver of Certain Damages. In no event shall FORVIS be liable to You or a third party for any indirect, special, consequential, punitive, or exemplary damages, including but not limited to lost profits, loss of revenue, interruption, loss of use, damage to goodwill or reputation, regardless of whether You were advised of the possibility of such damages, regardless of whether such damages were reasonably foreseeable, and regardless of whether such damages arise under a theory of contract, tort, strict liability, or otherwise. 10. Choice of Law. You acknowledge and agree that any dispute arising out of or related to this contract shall be governed by the laws of the State of Texas, without regard to its conflict of laws principles. 11. WAIVER OF JURY TRIAL. THE PARTIES HEREBY AGREE NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY, AND WAIVE ANY RIGHT TO TRIAL BY JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT SHALL NOW OR HEREAFTER EXIST WITH REGARD TO THIS AGREEMENT, OR ANY CLAIM, COUNTERCLAIM, OR OTHER ACTION ARISING IN CONNECTION THEREWITH. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY THE PARTIES, AND IS INTENDED TO ENCOMPASS INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A TRIAL BY JURY WOULD OTHERWISE ACCRUE. 12. Severability. In the event that any term or provision of this agreement shall be held to be invalid, void, or unenforceable, then the remainder of this agreement shall not be affected, and each such term and provision of this agreement shall be valid and enforceable to the fullest extent permitted by law. 13. Assignment. You acknowledge and agree that the terms and conditions of this contract shall be binding upon and inure to the parties’ successors and assigns, subject to applicable laws and regulations. 14. Disclaimer of Legal or Investment Advice. Our services do not constitute legal or investment advice. RECORDS, WORKPAPERS, DELIVERABLES, & PROPRIETARY INFORMATION 15. Maintenance of Records. You agree to assume full responsibility for maintaining Your original data and records and that FORVIS has no responsibility to maintain this information. You agree You will not rely on FORVIS to provide hosting, electronic security, or backup services, e.g., business continuity or disaster recovery services, to You unless separately engaged to do so. You understand that Your access to data, records, and information from FORVIS’ servers, i.e., FORVIS portals used to exchange information, can be terminated at any time and You will not rely on using this to host Your data and records. 16. FORVIS Workpapers. Our workpapers and documentation retained in any form of media for this engagement are the property of FORVIS. We can be compelled to provide information under legal process. In addition, We may be requested by regulatory or enforcement bodies (including any State Board) to make certain workpapers available to them pursuant to authority granted by law or regulation. Unless We are prohibited from doing so by law or regulation, FORVIS will inform You of any such legal process or request. You agree We have no legal responsibility to You in the event We determine We are obligated to provide such documents or information. 17. Subpoenas or Other Legal Process. In the event FORVIS is required to respond to any such subpoena, court order, or any government regulatory inquiry or other legal process relating to You or Your management for the production of documents and/or testimony relative to information We obtained or prepared incident to this or any other engagement in a matter in which FORVIS is not a party, You shall compensate FORVIS for all time We expend in connection with such response at normal and customary hourly rates and to reimburse Us for all out-of-pocket expenses incurred in regard to such response. 18. Use of Deliverables and Drafts. You agree You will not modify any deliverables or drafts prepared by Us for internal use or for distribution to third parties. You also understand that We may on occasion send You documents marked as draft and understand that those are for Your review purpose only, should not be distributed in any way, and should be destroyed as soon as possible. Our report on any financial statements must be associated only with the financial statements that were the subject of Our engagement. You may make copies of Our report, but only if the entire financial statements (exactly as attached to Our report, including related footnotes) and any supplementary information, as appropriate, are reproduced and distributed with Our report. You agree not to reproduce or associate Our report with any other financial statements, or portions thereof, that are not the subject of Our engagement. 19. Proprietary Information. You acknowledge that proprietary information, documents, materials, management techniques, and other intellectual property are a material source of the services We perform and were developed prior to Our association with You. Any new forms, software, documents, or intellectual property We develop during this engagement for Your use shall belong to Us, and You shall have the limited right to use them solely within Your business. All reports, templates, manuals, forms, checklists, questionnaires, letters, agreements, and other documents which We make available to You are confidential and proprietary to Us. Neither You, nor any of Your agents, will copy, electronically store, reproduce, or make any such documents available to anyone other than Your personnel. This provision will apply to all materials whether in digital, “hard copy” format, or other medium. 40 Town of Trophy Club, Texas August 9, 2023 Page 16 REGULATORY 20. U.S. Securities and Exchange Commission (“SEC”) and other Regulatory Bodies. Where We are providing services either for (a) an entity that is registered with the SEC, (b) an affiliate of such registrant, or (c) an entity or affiliate that is subject to rules, regulations, or standards beyond those of the American Institute of Certified Public Accountants (“AICPA”), any term of this contract that would be prohibited by or impair Our independence under applicable law or regulation shall not apply to the extent necessary only to avoid such prohibition or impairment. 21. Offering Document. You may wish to include Our report(s) on financial statements in an exempt offering document. You agree that any report, including any auditor’s report, or reference to Our firm, will not be included in any such offering document without notifying Us. Any agreement to perform work in connection with an exempt offering document, including providing agreement for the use of the auditor’s report in the exempt offering document, will be a separate engagement. Any exempt offering document issued by You with which We are not involved will clearly indicate that We are not involved by including a disclosure such as, “FORVIS, LLP, our independent auditor, has not been engaged to perform and has not performed, since the date of its report included herein, any procedures on the financial statements addressed in that report. FORVIS, LLP also has not performed any procedures relating to this offering document.” 22. FORVIS Not a Municipal Advisor. FORVIS is not acting as Your municipal advisor under Section 15B of the Securities Exchange Act of 1934, as amended. As such, FORVIS is not recommending any action to You and does not owe You a fiduciary duty with respect to any information or communications regarding municipal financial products or the issuance of municipal securities. You should discuss such matters with internal or external advisors and experts You deem appropriate before acting on any such information or material provided by FORVIS. 23. FORVIS Not a Fiduciary. In providing Our attest services, We are required by law and our professional standards to maintain our independence from You. We take this mandate very seriously and thus guard against impermissible relationships which may impair the very independence which You and the users of Our report require. As such, You should not place upon Us special confidence that in the performance of Our attest services We will act solely in Your interest. Therefore, You acknowledge and agree We are not in a fiduciary relationship with You and We have no fiduciary responsibilities to You in the performance of Our services described herein. TECHNOLOGY 24. Electronic Sites. You agree to notify Us if You desire to place Our report(s), including any reports on Your financial statements, along with other information, such as a report by management or those charged with governance on operations, financial summaries or highlights, financial ratios, etc., on an electronic site. You recognize that We have no responsibility to review information contained in electronic sites. 25. Electronic Signatures and Counterparts. This contract and other documents to be delivered pursuant to this contract may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this contract are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this contract or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the internet), by electronic mail in “portable document format” (“.pdf”) or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software, will have the same effect as physical delivery of the paper document bearing an original signature. 26. Electronic Data Communication and Storage. In the interest of facilitating Our services to You, We may send data over the internet, temporarily store electronic data via computer software applications hosted remotely on the internet, or utilize cloud-based storage. Your confidential electronic data may be transmitted or stored using these methods. In using these data communication and storage methods, We employ measures designed to maintain data security. We use reasonable efforts to keep such communications and electronic data secure in accordance with Our obligations under applicable laws, regulations, and professional standards. You recognize and accept that We have no control over the unauthorized interception or breach of any communications or electronic data once it has been transmitted or if it has been subject to unauthorized access while stored, notwithstanding all reasonable security measures employed by Us. You consent to Our use of these electronic devices and applications during this engagement. OTHER MATTERS 27. Cooperation. You agree to cooperate with FORVIS in the performance of FORVIS’ services to You, including the provision to FORVIS of reasonable facilities and timely access to Your data, information, and personnel. You shall be responsible for the performance of Your employees and agents. 28. Third-Party Service Providers. FORVIS may from time to time utilize third-party service providers, including but not limited to domestic software processors or legal counsel, or disclose confidential information about You to third-party service providers in serving Your account. FORVIS maintains, however, internal policies, procedures, and safeguards to protect the confidentiality and security of Your information. In addition, FORVIS will secure confidentiality agreements with all service providers to maintain the confidentiality of Your information. If We are unable to secure an appropriate confidentiality agreement, You will be asked to consent prior to FORVIS sharing Your confidential information with the third- party service provider. 41 Town of Trophy Club, Texas August 9, 2023 Page 17 29. Independent Contractor. When providing services to You, We will be functioning as an independent contractor; and in no event will We or any of Our employees be an officer of You, nor will Our relationship be that of joint venturers, partners, employer and employee, principal and agent, or any similar relationship giving rise to a fiduciary duty to You. Decisions regarding management of Your business remain the responsibility of Your personnel at all times. Neither You nor FORVIS shall act or represent itself, directly or by implication, as an agent of the other or in any manner assume or create any obligation on behalf of, or in the name of, the other. 30. Use of FORVIS Name. Any time You intend to reference FORVIS’ firm name in any manner in any published materials, including on an electronic site, You agree to provide Us with draft materials for review and approval before publishing or posting such information. 31. Praxity. FORVIS is an independent accounting firm allowed to use the name “Praxity” in relation to its practice. FORVIS is not connected, however, by ownership with any other firm using the name “Praxity.” FORVIS will be solely responsible for all work carried out on Your behalf. In deciding to engage FORVIS, You acknowledge that We have not represented to You that any other firm using the name “Praxity” will in any way be responsible for Our work. 32. Entire Agreement. The contract, including this Terms and Conditions Addendum and any other attachments or addenda, encompasses the entire agreement between You and FORVIS and supersedes all previous understandings and agreements between the parties, whether oral or written. Any modification to the terms of this contract must be made in writing and signed by both You and FORVIS. 33. Force Majeure. We shall not be held responsible for any failure to fulfill Our obligations if such failure was caused by circumstances beyond Our control, including, without limitation, fire or other casualty, act of God, act of terrorism, strike or labor dispute, war or other violence, explosion, flood or other natural catastrophe, epidemic or pandemic, or any law, order, or requirement of any governmental agency or authority affecting either party, including without limitation orders incident to any such epidemic or pandemic, lockdown orders, stay-at-home orders, and curfews. 42 Page 1 of 3 Amendment to Agreement for Services Between the Town of Trophy Club and Forvis, LLP This Amendment to Agreement for Services (the “Amendment”) is attached to and hereby made a part of the Agreement for Services (the “Agreement”) and the “FORVIS, LLP Terms and Conditions Addendum” (the “Addendum”) dated August 9, 2023 (collectively referred to as the “Binding Terms”) between the Town of Trophy Club, a Texas home-rule municipal corporation located in Denton County, Texas (“Town” or “Customer”), and Forvis, LLP (“Forvis”). 1. Texas Public Information Act. Notwithstanding any other provision to the contrary in the Binding Terms, all information, documents, and communications relating to the Binding Terms may be subject to the Texas Public Information Act (“Act”) and any opinion of the Texas Attorney General or a court of competent jurisdiction relating to the Act. 2. Indemnity by Town. Customer is a Texas home-rule municipality operating in the exercise of its governmental functions. Accordingly, any and all provisions, terms, or conditions in the Binding Terms requiring Customer to defend or indemnify Forvis or any third-party from any and all costs, liabilities, penalties, sanctions, fines, or any other claims whatsoever, are void and of no effect to the extent they may obligate the Town to create an unconstitutional debt, and shall be construed as against public policy in accordance with the Texas Constitution and the laws of the State of Texas. Customer shall not be required to fund any obligations under the Binding Terms by the creation of a sinking fund. 3. Gift to Public Servant. Customer may terminate the Binding Terms immediately if Forvis has offered, or agreed to confer any benefit upon a Town employee or official that the Town employee or official is prohibited by law from accepting. 4. Venue. The obligations of the parties to the Binding Terms shall be performable in Denton County, Texas, and if legal action is necessary in connection with or to enforce rights under the Binding Terms, exclusive venue shall lie in Denton County, Texas. 5. Governmental Function(s) and Immunity. A. Immunity retained. The Customer and Forvis hereby acknowledge and agree that Customer is entering into the Agreement in the performance of and pursuant to its governmental functions for the health, safety, and welfare of the citizens of the Town, the general public, and the State of Texas, and nothing contained in the Binding Terms shall be construed as constituting a waiver of the Customer’s governmental immunity from suit or liability, which is expressly reserved to the fullest extent allowed by law. B. Limited Waiver of Immunity. Notwithstanding any other provision to the contrary in the Binding Terms, the Customer and Forvis hereby acknowledge and agree that to the extent the Binding Terms are subject to the provisions of Subchapter I of Chapter 271, Texas Local Gov’t Code, as amended, the Customer’s immunity from suit is waived only as set forth in Subchapter I of Chapter 271, Texas Local Gov’t Code. 43 Page 2 of 3 C. Rights Retained. The Town expressly reserves its legislative and municipal police power in accordance with the laws of the state of Texas. Any provision, term, or condition in the Binding Terms requiring the Town to waive its rights under the Texas or Federal Constitution, or under any foreign law(s), or requiring waiver of jury trial, limitation on statute of limitations, or settlement of claims through binding mediation or arbitration are void and shall be given no effect. 6. Attorney’s Fees. The parties expressly covenant and agree that in the event of any litigation arising between the parties relating to the Binding Terms, each party shall be solely responsible for payment of its attorneys and that in no event shall either party be responsible for the other party’s attorneys’ fees regardless of the outcome of the litigation. 7. Controlling Document. In the event any term, condition, or provision of this Amendment conflicts with any term, condition, or provision of the Binding Terms (including the “FORVIS, LLP Terms and Conditions Addendum”) the terms, conditions, and provisions of this Amendment shall automatically supersede and control the terms, conditions, and provisions of the Binding Terms (including the “FORVIS, LLP Terms and Conditions Addendum”). 8. Additional Verifications. In addition to the certification previously given by Forvis as required by Texas Government Code Ch. 2271, Forvis also verifies that: (1) It does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, as defined in Texas Government Code § 2274.001, and that it will not during the term of the contract discriminate against a firearm entity or firearm trade association; and (2) It does not “boycott energy companies,” as those terms are defined in Texas Government Code §§ 809.001 and 2274.001, and it will not boycott energy companies during the term of the Agreement. 9. Ethics Disclosure. Forvis represents that it has completed a Texas Ethics Commission (the “TEC”) form 1295 (“Form 1295”) generated by the TEC’s electronic filing application in accordance with the provisions of Texas Gov’t Code Ch. 2252.908. The parties agree that, with the exception of the information identifying the Town and the contract identification number, the Town is not responsible for the information contained in the Form 1295. The information contained in the Form 1295 has been provided solely by Forvis and the Town has not verified such information. 10. Prompt Payment Act. Customer shall pay Forvis the amounts due in accordance with Texas Gov’t Code Ch. 2251. Despite any other provision to the contrary in the Binding Terms, interest, collections, and penalties related to overdue payment shall be governed by Texas Gov’t Code Ch. 2251. 11. Tax Exempt; Annual Appropriations. Customer is tax exempt and shall not be subject to or pay for any charges for taxes under the Binding Terms. All payments by the Town under the Binding Terms, including any provision in the Binding Terms relating to penalties, overages, interest, collections, or any other additional costs, shall be subject to and conditioned upon the annual appropriation of public funds budgeted for the specific purposes of the Binding Terms in accordance with the Town Charter and Texas law. The Town shall make a good faith effort to appropriate funds in accordance with Texas law; however, in the event funds are not appropriated, the Binding Terms shall automatically terminate without regard for any renewal or other notice requirements in the Binding Terms. 44 Page 3 of 3 EXECUTED to be effective on the date of signature of the Agreement by Customer and Forvis. FORVIS, LLP THE TOWN OF TROPHY CLUB, TEXAS (“Forvis”): (“Town” or “Customer”): By: By: Date: Date: 45 Page 1 of 2 To: Mayor and Town Council From: Patrick Arata, Interim Town Manager CC: Terri Johnson, Interim Town Secretary Re: Consider and take appropriate action regarding an annual rate increase from Allied Waste DBA Republic Services Town Council Meeting, August 28, 2023 Agenda Item: Consider and take appropriate action regarding an annual rate increase from Allied Waste DBA Republic Services Strategic Link: This item relates primarily to the following strategic priorities and goals of the Town’s strategy map. o Administrative & Financial Services: Deliver programs and services that increase citizen’s quality of life. o Administrative & Financial Services: Exercise fiscal discipline in all town operations. Background and Explanation: Staff received notice from Allied Waste DBA Republic Services of a rate increase beginning October 1, 2023. Per our contract with Allied Waste, the rates for trash service are allowed to increase each year by the index Water/Sewer/Trash CUUR0000SEGH provided by the Bureau of Labor and Statistics. The calculated index increased by 5.71% according to the data provided however our contract caps any increase to a maximum of 4%. The 4% increase equates to an increase in residential trash and recycling of $0.76 (SEVENTY-SIX CENTS) making the new residential trash and recycling rate for the Town of Trophy Club $19.76 (NINETEEN DOLLARS AND SEVENTY-SIX CENTS) per month per household. The trash service has not changed and allows for curbside trash pickup twice a week recycling once a week and bulk trash pickup allowed on each trash pickup day. For more details about our trash service and pickup dates please see our website. Financial Considerations: None Legal Review: None required Board/Commission/ or Committee Recommendation: Not applicable 46 Page 2 of 2 Staff Recommendation: Consider and take appropriate action on the Allied Waste (Republic Services) trash service increase and provide an effective date per the notice of 9/1/2023. Attachments: •New rate sheet from Republic Services •Trophy Club Price Increase Calculation •Current Contract with Allied Waste DBA Republic Services 47 6100 Elliott Reeder Rd. Fort Worth, TX 76117 | RepublicServices.com | Environmental Services, Recycling & Waste August 9, 2023 Mr. Patrick Arata Interim Town Manager Town of Trophy Club 1 Trophy Wood Dr. Trophy Club, Texas 76262 Re: Price Increase Effective 9/1/2023 Dear Patrick: Thank you for the opportunity to partner with the Town of Trophy Club. Per our contract the rates will increase each year by the index Water/Sewer/Trash CUUR0000SEGH provided by the Bureau of Labor and Statistics, attached is the calculation which yielded 5.71% and the data from BLS.gov, the contract is capped at 4% below is the language from the agreement. I have attached the new rates effective 9/1/2023. Rates: Contractor shall perform the services required hereunder at the rates set forth on Exhibit "A", a copy of which is attached hereto and incorporated herein. The rates set forth on Exhibit "A" for Solid Waste collection and disposal shall be fixed for the first one year of the term of the Agreement. Thereafter, the rates for Solid Waste collection and disposal shall be adjusted annually during the term of this Agreement. by the percentage increase, if any, in the Consumer Price Index for Water/Sewer/Trash, the increase shall not exceed four (4) percent. If the specified index ceases to be available, the parties shall use the most closely comparable index then available Please let me know if you have any questions. Sincerely, Jeri Harwell Jeri Harwell Cc: Matt Cox 48 SIZE 1 X 2 X 3 X 4 X 5 X 6 X EXTRA 2 YD 83.19$ 161.90$ 242.82$ 323.75$ 404.71$ 485.64$ 27.96$ 3 YD 96.61$ 188.74$ 283.08$ 377.44$ 471.78$ 566.18$ 32.51$ 4 YD 110.06$ 215.56$ 323.34$ 431.13$ 538.91$ 646.70$ 37.03$ 6 YD 136.87$ 269.24$ 403.85$ 538.47$ 673.06$ 807.72$ 46.04$ 8 YD 163.70$ 322.93$ 484.37$ 645.81$ 807.29$ 968.73$ 55.09$ SIZE 1 X 6 YD 80.73$ per month 8 YD 96.09$ per month Size Type Delivery Rental Per Day Total Per Load Deposit Per Cont 20 YD OPEN 124.94$ 9.63$ 524.04$ 365.18$ 25 YD OPEN N/A N/A N/A N/A 30 YD OPEN 124.94$ 9.63$ 563.69$ 365.18$ 35 YD OPEN N/A N/A N/A N/A 40 YD OPEN 124.94$ -$ 711.13$ 365.18$ 28 YD COMP NEGO NEGO NEGO NEGO 30 YD COMP NEGO NEGO NEGO NEGO 35 YD COMP NEGO NEGO NEGO NEGO 40 YD COMP NEGO NEGO NEGO NEGO 42 YD COMP NEGO NEGO NEGO NEGO Per Ton Monthly Rental Total per Load 20 YD OPEN 16.67$ 75.79$ 296.61$ FRANCHISE FEE 12% Commercial Handload 1 X Per Week 21.81$ Per Month (4 bag limit) Casters 37.50$ Per Month Extra Yardage 37.86$ Locks 35.58$ Per Month Residential Curbside Trash 14.60$ Per Month Residential Recyling (18 Gal Bins)5.16$ Per Month Residential & Recycle TOTAL 19.76$ Per Month EFFECTIVE DATE 9/1/2023 TOWN HALL PHONE #682-237-2900 COMMERCIAL RECYCLING (OCC ONLY) COMMERCIAL ROLLOFF RATES Mud Containers Allied Waste Services dba Republic Services Franchised City Rates Town of Trophy Club Attachment A COMMERCIAL FRONT-LOAD RATES PICKUPS PER WEEK 49 Town of Trophy Club Series Id: Series Title: Area: Item: Jun-23 287.457 Jun-22 271.925 Change 15.532 % Change 5.71% Cost Factor 100.00% Net Increase 5.71% Series Id: Series Title: Area: Item: Base Period: Years: Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec HALF1 HALF2 2013 194.553 195.505 195.981 196.319 196.727 196.989 198.173 198.736 198.804 199.759 200.004 200.203 2014 201.169 202.149 202.657 203.084 203.124 203.396 205.022 206.171 206.363 207.633 208.562 209.414 2015 210.243 211.397 211.738 212.153 212.542 212.863 213.873 215.844 216.173 216.380 217.004 217.386 2016 218.370 219.036 219.649 220.506 221.360 221.396 221.358 222.554 223.111 223.420 224.399 224.745 2017 226.411 227.277 227.553 228.133 228.396 228.599 229.008 229.772 230.142 230.614 231.522 231.842 2018 232.977 233.858 234.215 235.141 235.878 236.493 237.186 238.439 238.512 238.936 241.774 242.204 234.760 239.509 2019 241.606 242.011 242.611 243.490 243.774 244.322 244.943 245.549 245.903 246.741 247.364 247.567 242.969 246.345 2020 248.846 249.751 250.359 250.673 250.921 251.435 252.401 253.974 254.266 254.781 255.650 256.456 250.331 254.588 2021 257.722 258.763 259.204 259.581 259.542 260.400 261.706 262.810 263.747 264.278 264.580 265.365 259.202 263.748 2022 268.128 269.521 269.621 270.419 270.844 271.925 273.097 274.984 276.759 276.892 277.824 278.464 270.076 276.337 2023 281.461 283.663 284.166 285.052 286.322 287.457 284.687 Water and sewer and trash collection services in U.S. city average, all urban consumers, not U.S. city average Water and sewer and trash collection services DECEMBER 1997=100 2012 to 2022 CUUR0000SEHG Water and sewer and trash collection services in U.S. city average, all urban consumers, not U.S. city average Water and sewer and trash collection services CUUR0000SEHG Not Seasonally Adjusted 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Page 1 of 2 To: Mayor and Town Council From: Patrick Arata, Interim Town Manager CC: Terri Johnson, Interim Town Secretary Re: Ordinance for Updated Annual Service and Assessment Plan and Assessment Roll Town Council Meeting, August 28, 2023 Agenda Item: Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club accepting and approving an Update of the Service and Assessment Plan and an Updated Assessment Roll for the Town of Trophy Club Public Improvement District No. 1 (Authorized Improvements Assessment); making and adopting findings; accepting and approving the annual Service Plan Update and Updated Assessment Roll; and providing an effective date (A. Duvall). Strategic Link: Administrative & Financial Services – Exercise fiscal discipline in all Town operations. Background and Explanation: Annually, the Town Council accepts the updated Service and Assessment Plan (SAP) and Assessment Roll for the Town of Trophy Club’s Public Improvement District No. 1 (PID). Revenue bonds were issued in 2007 for the acquisition, construction, and maintenance of this property (located at The Highlands of Trophy Club), and, in 2015, Special Assessment Revenue Refunding Bonds were issued. All funds have been expended for the Authorized Improvements. Financial Considerations: The SAP is prepared to identify the Authorized Improvements to be provided by the PID, including costs, indebtedness, and manner of assessing the property in the PID for the costs of the Authorized Improvements. This update for 2023 includes the assessment roll identifying each parcel based on the method of assessment set forth in the Service and Assessment Plan, as amended, and pursuant to this SAP update. No parcel subdivisions have been made since the last update of the Assessment Plan in 2022. 66 Page 2 of 2 Legal Review: Board/Commission/ or Committee Recommendation: None applicable Staff Recommendation: Staff recommends approval of Ordinance No. 2023-13, this is an annual review of the PID Infrastructure plan, this plan has no significant changes from last year’s approved plan. Attachments: •Ordinance No. 2023-13 •Annual Service Plan Update (2023) Trophy Club PID No. 1 67 TOWN OF TROPHY CLUB ORDINANCE NO. 2023-13 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS ACCEPTING AND APPROVING AN UPDATE OF THE SERVICE AND ASSESSMENT PLAN AND AN UPDATED ASSESSMENT ROLL FOR THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (“PID”) IN COMPLIANCE WITH CHAPTER 372 (AUTHORIZED IMPROVEMENT ASSESSMENT); MAKING AND ADOPTING FINDINGS; PROVIDING FOR THE INCORPORATION OF FINDINGS; ACCEPTING AND APPROVING THE ANNUAL SERVICE PLAN UPDATE AND UPDATED ASSESSMENT ROLL FOR PID ATTACHED AS EXHIBIT “A” HERETO; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY, PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 7, 2007, after due notice, the Town Council of the Town of Trophy Club, Texas (the “Town Council”) held the public hearing in the manner required by law on the advisability of the public improvements and services described in the petition as required by Sec. 372.009 of the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code, as amended (the “PID Act”) and made the findings required by Sec. 372.009(b) of the PID Act and, by Resolution No. 2007-08 adopted by a majority of the members of the Town Council, authorized the PID in accordance with its finding as to the advisability of the public improvements and services; and WHEREAS, on November 5, 2007, after notice and a public hearing conducted in the manner required by law, the Town Council adopted Ordinance No. 2007-29, which was supplemented by Ordinance No. 2009-24 adopted by the Town Council on September 28, 2009 (as supplemented, the “Assessment Ordinance”); and WHEREAS, on December 13, 2007, the Town Council issued special assessment revenue bonds secured by the assessments levied pursuant to the Assessment Ordinance (the “2007 Bonds”); and WHEREAS, on December 22, 2015, the Town Council issued special assessment revenue refunding bonds (the “2015 Bonds”), to refund in full the 2007 Bonds, such 2015 Bonds being secured by the assessments levied pursuant to the Assessment Ordinance; and WHEREAS, Section 372.013 of the PID Act and the Service and Assessment Plan require that the Service and Assessment Plan and Assessment Roll be annually reviewed and updated; and 68 ORD 2023-13 Page 2 of 4 WHEREAS, pursuant to the issuance of the 2015 Bonds, the Service and Assessment Plan should be updated to reflect the issuance of the 2015 Bonds; and WHEREAS, the Annual Service Plan Update and updated Assessment Roll attached as Exhibit “A” hereto conform the original Assessment Roll to the principal and interest payment schedule required for the 2015 Bonds, thereby reducing the amounts listed on the original Assessment Roll, and update the Assessment Roll to reflect prepayments, property divisions and changes to the budget allocation for District public improvements that occur during the year, if any; and WHEREAS, the Town Council now desires to proceed with the adoption of this Ordinance which supplements the Assessment Ordinance and approves and adopts the Annual Service Plan Update and the Updated Assessment Roll attached thereto, in conformity with the requirements of the PID Act, for the fiscal year beginning October 1, 2023, and ending September 30, 2024. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF FINDINGS The findings and determinations set forth in the preambles above are incorporated herein for all purposes and are hereby adopted. SECTION 2. ANNUAL SERVICE PLAN UPDATE AND UPDATED ASSESSMENT ROLL The Annual Service Plan Update and Updated Assessment Roll attached hereto as Exhibit “A” are hereby accepted and approved and compliance with the PID Act in all matters is required. SECTION 3. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim, or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. 69 ORD 2023-13 Page 3 of 4 SECTION 4. SEVERABILITY If any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance or the application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the Town Council that no portion hereof, or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness, or invalidity of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town as required in the Town Charter. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect, and the levy of the Assessments, and the provisions and terms of the Plan shall be and become effective on upon passage and execution hereof in accordance with the law. ADOPTED, PASSED, and APPROVED by the Town Council, by a vote of _______ members voting “for”, _______ members voting “against”, and with _______ absentees on this 28rth day of August 2023. Jeannette Tiffany, Mayor Town of Trophy Club, Texas [SEAL] ATTEST:APPROVED AS TO FORM: Terri Johnson, Interim Town Secretary Dean Roggia, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas 70 Exhibit “A” Annual Service Plan Update and Updated Assessment Roll 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 2023 Principal Interest Net Debt Service 2023 $1,643.73 $793.34 $2,437.07 $52.24 ($73.96)$2,415.35 $20,985.39 2024 $1,726.50 $734.15 $2,460.65 $53.03 ($73.96)$2,439.72 $19,341.66 2025 $1,833.67 $672.12 $2,505.79 $53.82 ($73.96)$2,485.66 $17,615.16 2026 $1,923.87 $615.75 $2,539.63 $54.63 ($73.96)$2,520.30 $15,781.49 2027 $2,018.32 $554.10 $2,572.41 $55.45 ($73.96)$2,553.91 $13,857.61 2028 $2,119.13 $485.54 $2,604.66 $56.28 ($73.96)$2,586.99 $11,839.30 2029 $2,229.49 $412.16 $2,641.64 $57.12 ($73.96)$2,624.81 $9,720.17 2030 $2,339.85 $316.04 $2,655.88 $57.98 ($73.96)$2,639.91 $7,490.69 2031 $2,493.71 $195.20 $2,688.91 $58.85 ($73.96)$2,673.81 $5,150.84 2032 $2,657.13 $66.43 $2,723.56 $59.73 ($73.96)$2,709.34 $2,657.13 Total $20,985.39 $4,844.82 $25,830.21 $559.14 ($739.56)$25,649.78 (a) Tax Year 2023 corresponds to Bond Year 2024. Tax Year 2023 Annual Installments will become due by January 31, 2024. (b) Subject to change. Tax Year: Exhibit A Annual Installments By Lot Type Lot Type: 1 Assessment Balance Tax Year (a) PID Bonds Collections Costs Refunding Credit Annual Installment (b) 87 88 2023 Principal Interest Net Debt Service 2023 $1,249.23 $602.94 $1,852.17 $39.70 ($56.21)$1,835.67 $15,948.89 2024 $1,312.14 $557.96 $1,870.09 $40.30 ($56.21)$1,854.19 $14,699.66 2025 $1,393.59 $510.81 $1,904.40 $40.90 ($56.21)$1,889.10 $13,387.52 2026 $1,462.14 $467.97 $1,930.12 $41.52 ($56.21)$1,915.43 $11,993.93 2027 $1,533.92 $421.11 $1,955.03 $42.14 ($56.21)$1,940.97 $10,531.79 2028 $1,610.54 $369.01 $1,979.55 $42.77 ($56.21)$1,966.11 $8,997.87 2029 $1,694.41 $313.24 $2,007.65 $43.41 ($56.21)$1,994.86 $7,387.33 2030 $1,778.28 $240.19 $2,018.47 $44.07 ($56.21)$2,006.33 $5,692.92 2031 $1,895.22 $148.35 $2,043.57 $44.73 ($56.21)$2,032.09 $3,914.64 2032 $2,019.42 $50.49 $2,069.90 $45.40 ($56.21)$2,059.10 $2,019.42 Total $15,948.89 $3,682.06 $19,630.96 $424.94 ($562.07)$19,493.83 (a) Tax Year 2023 corresponds to Bond Year 2024. Tax Year 2023 Annual Installments will become due by January 31, 2024. (b) Subject to change. Tax Year: Exhibit A Annual Installments By Lot Type Lot Type: 2 Assessment Balance Tax Year (a) PID Bonds Collections Costs Refunding Credit Annual Installment (b) 89 90 2023 Principal Interest Net Debt Service 2023 $1,019.11 $491.87 $1,510.98 $32.39 ($45.85)$1,497.52 $13,010.94 2024 $1,070.43 $455.17 $1,525.60 $32.88 ($45.85)$1,512.63 $11,991.83 2025 $1,136.88 $416.71 $1,553.59 $33.37 ($45.85)$1,541.11 $10,921.40 2026 $1,192.80 $381.77 $1,574.57 $33.87 ($45.85)$1,562.59 $9,784.52 2027 $1,251.36 $343.54 $1,594.90 $34.38 ($45.85)$1,583.42 $8,591.72 2028 $1,313.86 $301.03 $1,614.89 $34.89 ($45.85)$1,603.93 $7,340.37 2029 $1,382.28 $255.54 $1,637.82 $35.42 ($45.85)$1,627.38 $6,026.51 2030 $1,450.70 $195.94 $1,646.65 $35.95 ($45.85)$1,636.74 $4,644.23 2031 $1,546.10 $121.02 $1,667.13 $36.49 ($45.85)$1,657.76 $3,193.52 2032 $1,647.42 $41.19 $1,688.61 $37.03 ($45.85)$1,679.79 $1,647.42 Total $13,010.94 $3,003.79 $16,014.73 $346.66 ($458.53)$15,902.87 (a) Tax Year 2023 corresponds to Bond Year 2024. Tax Year 2023 Annual Installments will become due by January 31, 2024. (b) Subject to change. Tax Year: Exhibit A Annual Installments By Lot Type Lot Type: 3 Assessment Balance Tax Year (a) PID Bonds Collections Costs Refunding Credit Annual Installment (b) 91 92 2023 Principal Interest Net Debt Service 2023 $871.18 $420.47 $1,291.64 $27.69 ($39.20)$1,280.14 $11,122.26 2024 $915.04 $389.10 $1,304.14 $28.10 ($39.20)$1,293.05 $10,251.08 2025 $971.85 $356.22 $1,328.07 $28.53 ($39.20)$1,317.40 $9,336.04 2026 $1,019.65 $326.35 $1,346.00 $28.95 ($39.20)$1,335.76 $8,364.19 2027 $1,069.71 $293.67 $1,363.38 $29.39 ($39.20)$1,353.57 $7,344.54 2028 $1,123.14 $257.34 $1,380.47 $29.83 ($39.20)$1,371.10 $6,274.83 2029 $1,181.63 $218.44 $1,400.07 $30.28 ($39.20)$1,391.15 $5,151.69 2030 $1,240.12 $167.50 $1,407.62 $30.73 ($39.20)$1,399.15 $3,970.06 2031 $1,321.67 $103.46 $1,425.12 $31.19 ($39.20)$1,417.12 $2,729.95 2032 $1,408.28 $35.21 $1,443.49 $31.66 ($39.20)$1,435.95 $1,408.28 Total $11,122.26 $2,567.75 $13,690.01 $296.34 ($391.97)$13,594.38 (a) Tax Year 2023 corresponds to Bond Year 2024. Tax Year 2023 Annual Installments will become due by January 31, 2024. (b) Subject to change. Tax Year: Exhibit A Annual Installments By Lot Type Lot Type: 4 Assessment Balance Tax Year (a) PID Bonds Collections Costs Refunding Credit Annual Installment (b) 93 94 Texas Property Code Section 5.014(A) Notice (Required Before Contract Execution) NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This Notice requirement does not apply to a transfer: 1) Under a court order or foreclosure; 2) By a trustee in bankruptcy; 3) To a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) By a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) By a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust; 6) From one co-owner to another co-owner of an undivided interest in the real property; 7) To or from a government entity; or, 8) Of only a mineral interest, leasehold interest, or security interest. The following notice shall be given to the prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchases, subject to certain exception, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchase and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. 95 Texas Property Code Section 5.014(A) Notice (Required Before Contract Execution) NOTICE OF OBLIGATION TO PAY PUBLIC IMPROVEMENT DISTRICT ASSESSMENT TO TROPHY CLUB, TEXAS TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 CONCERNING THE FOLLOWING PROPERTY ________________________________________________________________________ ________________________________________________________________________ As the purchaser of the real property described above, you are obligated to pay assessments to Trophy Club, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Trophy Club Public Improvement District No. 1 (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from Trophy Club. The exact amount of each annual installment will be approved each year by Trophy Club Town Council in the annual service plan update for the district. More information about the assessments, including the amounts and due dates, may be obtained from Trophy Club. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. 96 Texas Property Code Section 5.014(A) Notice (Required Before Contract Execution) The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. Buyer (Print Name) Signature Date Buyer (Print Name) Signature The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. Seller (Print Name) Signature Date Seller (Print Name) Signature Date 97 Texas Property Code Section 5.0143 Notice (Required At Closing And Must Be Recorded In Denton County Deed Of Records) AFTER RECORDING RETURN TO: ___________________ ___________________ ___________________ ___________________ NOTICE OF OBLIGATION TO PAY PUBLIC IMPROVEMENT DISTRICT ASSESSMENT TO TROPHY CLUB, TEXAS TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 CONCERNING THE FOLLOWING PROPERTY ________________________________________________________________________ ________________________________________________________________________ As the purchaser of the real property described above, you are obligated to pay assessments to Trophy Club, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Trophy Club Public Improvement District No. 1 (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from Trophy Club. The exact amount of each annual installment will be approved each year by Trophy Club Town Council in the annual service plan update for the district. More information about the assessments, including the amounts and due dates, may be obtained from Trophy Club. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. 98 Texas Property Code Section 5.0143 Notice (Required At Closing And Must Be Recorded In Denton County Deed Of Records) The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. Buyer (Print Name) Signature Date Buyer (Print Name) Signature STATE OF TEXAS § § COUNTY OF ______________ § The foregoing instrument was acknowledged before me by ___________________ and __________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this ______________, 20___ Notary Public, State of Texas 99 Texas Property Code Section 5.0143 Notice (Required At Closing And Must Be Recorded In Denton County Deed Of Records) The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. Seller (Print Name) Signature Date Seller (Print Name) Signature STATE OF TEXAS § § COUNTY OF ______________ § The foregoing instrument was acknowledged before me by ___________________ and __________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this ______________, 20___ Notary Public, State of Texas 100 101 Page 1 of 2 To: Mayor and Town Council From: Patrick Arata, Interim Town Manager CC: Terri Johnson, Interim Town Secretary Re: School Resource Officer Services Town Council Meeting, August 28, 2023 Agenda Item: Consider and take appropriate action regarding an Amendment to the Interlocal Agreement between the Town and Northwest Independent School District for School Resource Officer services for Fiscal Year 2023-2024; and authorizing the Mayor or her designee to execute all necessary documents (P. Arata). Strategic Link: Safety & Security Achieve exceeding high standards for public safety and low crime rate. Background and Explanation: This Interlocal Agreement is for Police School Resource Officer services for Fiscal Year 2023 - 2024. The agreement provides two School Resource Officers for the four schools in Trophy Club for one year. This agreement provides that NISD will cost-participate in the salary and benefits for the officers, as well as provide funding for vehicle use. Financial Considerations: NISD will pay the Town an amount not to exceed $161,706 for the maintenance of two (2) School Resource Officers and the use of police vehicles. Legal Review: The Town Attorney has reviewed and approved this item. Board/Commission/ or Committee Recommendation: Not applicable. Staff Recommendation: Staff recommends Council approve the Interlocal Agreement for School Resource Officer services. Attachments: 102 Page 2 of 2 •NISD Interlocal Agreement for School Resource Officer Services Fiscal Year 2023-2024. 103 Page 1 of 1 Amendment No. 2 to Interlocal Agreement by and between The Town of Trophy Club, Texas, and Northwest Independent School District for School Resource Officer Services This Amendment modifies and amends the Interlocal Agreement by and between The Town of Trophy Club, Texas and Northwest Independent School District for School Resource Officer Services (“Agreement”), signed in August 2022. The terms contained in this Amendment are fully incorporated into the Agreement as if stated therein. To the extent the terms of the Agreement conflict with terms of this Amendment, the terms of this amendment shall control. All terms not expressly modified or amended herein shall remain in full force and effect. Term. Pursuant to Section VII of the Agreement, the Town and District agree to renew the Agreement for a one-year term, commencing on or about August 1, 2023, and ending on or about July 31, 2024. Funding/Consideration. Paragraph 6.01 is amended and replaced with the following: “In consideration for the services provided under the Agreement, for the 2023-24 school year, the District will pay the Town an amount not to exceed $161,706 as a contribution to the maintenance of salary and benefits for two (2) School Resource Officers. Pursuant to the amendments to Texas Education Code § 37.0814 and § 37.081 as enacted by House Bill 3, this amount was calculated using a proportionate cost allocation methodology in order to recoup direct costs incurred in the course of complying with this Agreement and does not allow the Town to profit under the Agreement.” By signing this Amendment, each party affirms that it has been approved by its respective governing body in a duly called public meeting. NORTHWEST ISD Town of Trophy Club, Texas P.O. Box 77070 1 Trophy Wood Drive Fort Worth Texas 76170 Trophy Club, TX 76262 By: By: Printed Name: Printed Name: Title: Title: Date: Date: 104 Page 1 of 2 To: Mayor and Town Council From: Patrick Arata, Interim Town Manager CC: Terri Johnson, Interim Town Secretary Re: Interlocal Agreement for Administration of Fire Protection Services Town Council Meeting, August 28, 2023 Agenda Item: Consider and take appropriate action regarding an lnterlocal Cooperation Agreement (ILA) for Administration of Fire Protection Services between the Town of Trophy Club and Trophy Club Municipal Utility District No. 1; and authorizing the Mayor or her designee to execute all necessary documents (P. Arata). Strategic Link: Administrative & Financial Services – Exercise fiscal discipline in all Town operations. Background and Explanation: The Trophy Club Municipal Utility District No.1 and the Town District and Town are parties to the existing Interlocal Cooperation Agreement (ILA) for Administration of Fire Protection Services that expires on September 30th, 2023. This ILA sets forth certain terms and conditions of the parties relating to Fire Protection Services to residents of District and Town, including the residents of the Trophy Club Public Improvement District No. 1, and authorizes the Town to manage all day-to-day operations of Fire personnel. This ILA has been executed by President Kevin Carr upon approval by the Trophy Club Municipal Utility District No. 1. Financial Considerations: The Trophy Club Municipal Utility District No. 1 has authorized the Town to manage all Fire personnel and they will reimburse the Town for the expense related to this through a monthly contribution based on the approved budget for the year. Legal Review: This agreement has been approved by Town legal as well as the MUD legal. Board/Commission/ or Committee Recommendation: None applicable 105 Page 2 of 2 Staff Recommendation: Staff recommends consideration of the attached ILA as presented. Attachments: •lnterlocal Cooperation Agreement (ILA) for Administration of Fire Protection Services 106 INTERLOCAL COOPERATION AGREEMENT FOR ADMINISTRATION OF FIRE PROTECTION SERVICES (2023) THIS AGREEMENT is made and entered into as of the Effective Date, by and between Trophy Club Municipal Utility District No. 1, a district created pursuant to Section 59, Article XVI, Texas Constitution and the Texas Water Code, Chapter 54, hereinafter referred to as "District", and the Town of Trophy Club, a home rule municipal corporation, hereinafter referred to as "Town". W I T N E S S E T H: WHEREAS, District is a duly organized political subdivision of the State of Texas engaged in the administration of fire protection and related services for the benefit of those persons residing, traveling within, or being physically located within the boundaries of District, which boundaries include, without limitation, portions of the incorporated and unincorporated limits of the Town of Trophy Club, Texas; and WHEREAS, District and Town are parties to the existing lnterlocal Cooperation Agreement for Administration of Fire Protection Services that expires on September 30th, 2023 (the "Prior I LA") which set forth certain terms and conditions of the parties relating to Fire Protection Services (as hereinafter defined) to residents of District and Town, including to residents of the Trophy Club Public Improvement District No. 1 (hereinafter also referred to as the "PID"); and WHEREAS, the PID is not located within the boundaries of the District and is not a party to this Agreement; and WHEREAS, Town, whose council also serves as the board of directors for the PID, anticipates receiving payment, if any, from the PID to pay part of the Fire Protection Services through the collection of special assessments levied under Texas Local Gov't Code Ch. 372 (the "PID Act"); and WHEREAS, the provision of Fire Protection Services is a governmental function that serves and benefits the public health, safety, and welfare of Town, District, and the general public, promotes efficiency and effectiveness of local governments; and is of mutual concern to the contracting parties; and WHEREAS, District is individually authorized to perform Fire Protection Services pursuant to Section 49.351 of the Texas Water Code, and Town is individually authorized to perform Fire Protection Services pursuant to its police powers and the parties desire to enter into this Agreement regarding the performance of Fire Protection Services; and WHEREAS, the lnterlocal 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 agreements with each other regarding governmental functions and services as set forth in the Act; and Page 1 of 13 107 WHEREAS, Town and District have determined it necessary and appropriate to enter into this Agreement for the administration of Fire Protection Services, which supersedes the Prior ILA for Fire Protection Services. NOW, THEREFORE, District and Town, for and in consideration of the recitals set forth above and terms and conditions below, agree as follows: I. Incorporation and Term 1.1 Incorporation of Recitals: The foregoing recitals are agreed upon and incorporated herein as a part of this Agreement. 1.2 Term: This Agreement shall remain in full force and effect for a period of one (1) year from the Effective Date, and shall automatically renew each year thereafter for four (4) additional one (1) year renewal periods, unless written notice of nonrenewal is given no later than ninety (90) days prior to the expiration of the applicable one (1) year renewal period, or unless terminated in accordance with Section X. II. Definitions 2.1 As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Effective Date" shall mean October 1, 2023. B. "Eligible Persons" shall mean those persons residing, traveling within, or being physically located within the corporate boundaries of the Town of Trophy Club, Texas and/or District, including without limitation both incorporated and unincorporated areas, and shall also include those persons residing, traveling within, or being physically located within the corporate boundaries of another political subdivision of the State of Texas with whom Town and/or District have an automatic or mutual aid agreement to provide fire protection services and those persons located within the fire district as designated by Denton County or Tarrant County and accepted by Town and/or District. C. "Emergency Medical Services" shall mean any and all of the customary and usual activities of trained paramedics providing emergency health care services. D. "Fire Protection Services" shall mean any and all of the customary and usual activities of a fire department, including fire suppression, fire prevention, training, safety education, maintenance, communications, photography, administration, fire-fighting activities, "fire-fighting services" as defined in Texas Water Code Ch. 49, and all other related fire functions. Page 2 of 13 108 E. "Maximum Annual Payment Amount" means the maximum total payment that may be made by District to Town each year to pay District's proportionate share of funding for the cost of Fire Protection Services in accordance with this Agreement and the Act. The Maximum Annual Payment Amount shall be the amount of revenues available to District from the levy of a fire tax without triggering the Voter Approval Tax Rate. District shall not be contractually obligated to levy, or collect, a tax to pay the Maximum Annual Payment Amount to Town in any fiscal year beyond the then current fiscal year; however, District shall be contractually obligated to fund its proportionate share of the cost of Fire Protection Services in accordance with this Agreement and the Act, and in all cases, the maximum annual payment obligation of District to Town under this Agreement shall be limited to the final Approved Budget by the Board of Directors of District and the Town Council of Town, or any amendment to the Approved Budget by the Board of Directors of District and the Town Council of Town. F. "Voter Approval Tax Rate" shall have the meaning set forth in Section 49.23602(a)(4) of the Texas Water Code. Ill. Budget and Funding 3.1 Budget and Funding Matters: A. Budget Preparation: The parties agree to the following schedule of events for purposes of preparation of an annual budget for funding Fire Protection Services: i. Town shall prepare a preliminary draft budget for Fire Protection Services and furnish that draft budget to District on or before June 1st of each year. The preliminary draft budget shall specify all projected revenues and expenses relating to Fire Protection Services for the next fiscal year and shall separately identify the expenses for which District is responsible for payment in accordance with the funding provisions of this Agreement. ii. District shall provide initial comments and requested modifications to the preliminary draft budget to Town on or before June 30th of each year. iii. After receipt of preliminary appraised value information from Denton and Tarrant Counties, but no later than June 30th of each year, District will provide to Town a preliminary estimate of the Maximum Annual Payment Amount. iv. Within seven (7) days after receipt of certified appraised value information from Denton and Tarrant Counties, District will provide to Town the Maximum Annual Payment Amount. To the extent District is aware of any obligations or circumstances that would prevent District from funding the Maximum Annual Payment Amount, District shall furnish such information and the best estimate of available funding to be incorporated into the preliminary draft budget for Fire Page 3 of 13 109 Protection Services. v. Representatives of Town and District shall cooperate in good faith to revise and finalize a preliminary draft budget for Fire Protection Services for subsequent consideration by the governing bodies of Town and District to adopt the final approved budget for Fire Protection Services (the ~~Approved Budget"). vi. The governing bodies of Town and District may, but shall not be obligated to, meet before August 1st of each year (or such other date approved by the parties) to discuss the preliminary draft budget. vii. Each party shall adopt a fiscal year budget in accordance with their respective statutory obligations. Notwithstanding Sections 3.1.B.ii. and 3.1.B.iv., the Approved Budget may not allocate to District an annual payment obligation that exceeds the Maximum Annual Payment Amount as furnished by District to Town based on final certified appraised values in District, or that includes any costs for which Town is responsible for payment under this Agreement. viii. In order to facilitate the emergency services assessment for the PID pursuant to the annual Service and Assessment Plan ("SAP"), District shall provide information to Town concerning outstanding District debt, lease, and reserves related to Fire Protection Services as reasonably requested by Town. ix. The Parties agree that any amendments to the Approved Budget must be made using the same process described herein, and no amendment to the Approved Budget may be made unless each party's respective governing bodies agree and approve such amendment. B. Funding Obligations: District and Town shall share the funding of costs associated with Fire Protection Services provided to Eligible Persons as defined herein, pursuant to the Approved Budget and in accordance with the terms of this Agreement; and, under no circumstance shall District's share of funding costs during any fiscal year exceed the Maximum Annual Payment Amount or the budgeted expenses approved by District, unless approved in writing by District. Such funding shall be accomplished in accordance with the following terms and conditions: i. District shall continue to pay all debt service for debt previously incurred by District for Fire Protection Services for as long as the debt remains outstanding. ii. District shall fund 50°/o of all budgeted and amended budgeted costs of personnel providing Fire Protection Services to Eligible Persons. iii. Town shall fund the remaining 50°/o of all budgeted and amended budgeted costs of personnel providing Fire Protection Services to Eligible Persons. During the term of this Agreement, Town will not increase the number of current personnel providing Fire Protection Services to Eligible Persons, unless otherwise required by law, and District shall not be responsible for Town's Page 4 of 13 110 increase, if any, in the number of current personnel providing Fire Protection Services to Eligible Persons. iv. District shall fund 100% of budgeted and amended budgeted costs of services and supplies associated with Fire Protection Services. v. In recognition that Fire Protection Services shall be provided to persons and properties located within Town and the PID, but not within District, the Town, acting through the PID, may levy and collect an annual assessment on and collect from the owners of real property and taxable improvements thereon located within the PID, but not within District, in accordance with the PID Act, as amended. Such assessment may be considered for adoption by Town Council, after recommendation by the PID, through the approval of the SAP for the PI D. If the PI D fails to levy an annual assessment, or fails to levy an annual assessment that would produce revenues equal to the revenues that would be generated based on the fire tax rate of District, the Parties agree that District is not obligated to provide Fire Protection Services within the PID and the Parties shall prepare a new annual budget for funding of Fire Protection Services in accordance with the provisions in Section 3.1.A. If the annual assessment collected by the PID is less than amount included in the Approved Budget, Town agrees to work in good faith with the PID to collect unpaid annual assessments. vi. Town shall pay for all Town imposed expenditures associated with Fire Protection Services that are not part of the Approved Budget unless District pre- approves the expenditure in writing. By way of example, if Town approves salary increases or purchases equipment for Fire Protection Services (without District approval) outside of the Approved Budget, Town shall be solely responsible for funding such costs. vii. District agrees in good faith to communicate to Town the intent to use District's operating reserve funds not part of the Approved Budget that would reduce the District's operating reserve fund balance below twenty-five percent (25°/o). viii. District agrees to communicate the intent to create new debt related to Fire Protection Services allowing Town the option to fund the expenditure prior to the debt being issued. ix. By the 1oth of each month the Town shall provide to District a report on the Approved Budget that compares budgeted costs to actual costs and explains the reasons for any differences between budgeted and actual costs. C. Payment: Payments from District for the purpose of Fire Protection Services shall be paid to the Town on a monthly basis. The monthly payments shall constitute the entirety of the Approved Budget for District's payment divided by twelve (12) months, minus total PID assessments actually collected for Fire Protection Services, beginning on October 1st and concluding on September 30th of each Page 5 of 13 111 fiscal year of the term of this Agreement. Payments will become past due fifteen (15) business days after the invoice is received by the District. It is the intent of District that the sole source of revenues for payment of District's funding obligations under this Agreement be District's fire tax; however, in the event the fire tax received by District is insufficient to pay District's funding obligations under this Agreement, District may use other available funding sources. Under no circumstances shall District be obligated to pay an amount to Town during a fiscal year that exceeds the Maximum Annual Payment Amount, or the amount of the Approved Budget for Fire Protection Services approved by Board of Directors of District, except as otherwise provided in this Agreement. 3.2 Audit, Revenues and Expenses: A. Annual Audit and Revenues: Town shall conduct an annual audit at its sole cost by an independent auditor that identifies the actual fiscal year expenses and revenues for Fire Protection Services. The annual audit shall be furnished to District on or prior to May 1st of the subsequent year. By May 1st of each year, Town shall also identify and furnish to District a listing of all revenues, if any, related to Fire Protection Services (whether or not budgeted) for the prior year. B. Expense Detail: Town shall furnish to District evidence of all expenses and costs relating to Fire Protection Services funded by District (in whole or in part) within fifteen (15) days after receipt of a request from District. C. Reconciliation Payment: Overpayment. Any overpayment by District for a fiscal year period as informed by the annual audit conducted pursuant to Section 3.2 (A) and other documentation shall be reimbursed by Town within thirty (30) days after receipt of a written invoice for payment from District. Underpayment. Any underpayment by District for a fiscal year period as informed by the annual audit conducted pursuant to Section 3.2 (A) and other documentation shall be paid to Town within thirty (30) days after receipt of a written invoice for payment from Town. IV. Operational Obligations and Rights of the Parties 4.1 District and Town Obligations and Rights: District and Town shall perform all of their respective duties and obligations as herein stated and shall devote sufficient time and attention to the execution of such duties in full compliance with the terms and conditions of this Agreement. 4.2 Town Obligations and Rights: A. Upon the Effective Date of this Agreement, Town shall be responsible for providing Page 6 of 13 112 Fire Protection Services to Eligible Persons, including but not limited to assuming full responsibility for the operational control and management of Fire Protection Services. Town's responsibilities hereunder shall include, without limitation, the control, and management of all personnel as more specifically set forth in Section VI and all policy and personnel matters related to and arising out of providing Fire Protection Services and the obligations specifically assumed hereunder. B. Town, acting through its Town Manager or designees, shall oversee the daily operations of Fire Protection Services. C. The officers and employees of Town shall perform all duties and responsibilities necessary to render Fire Protection Services to all Eligible Persons. D. It shall be the responsibility and duty of Town, its officers, and employees, within the sole discretion of such officers and employees, to determine priorities in the dispatching and use of such equipment and personnel to perform Fire Protection Services under this Agreement. E. Town shall have the authority to enter into automatic and mutual aid agreements on behalf of District and Town to provide Fire Protection Services as deemed appropriate by Town. F. Town shall perform all of its duties and obligations as herein stated and shall devote sufficient time and attention to the execution of such duties provided on behalf of District in full compliance with the terms and conditions of this Agreement and shall provide immediate and direct supervision of employees, agents, contractors, sub-contractors and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of Town and District. G. District may hire Fire Auditors of their choice to review physical Fire Department assets and operator practices on an annual basis for benefit of District and Town. All auditors' fees for such audits (excluding fiscal year financing audits) will be paid by the District. H. The Town shall provide the District timely notice of any accident, damage, dangerous or defeQtive condition relating to District assets under this Agreement. v. Assets 5.1 Ownership: Prior to the commencement of this Agreement, all assets owned or directly purchased by District utilized for Fire Protection Services shall remain the property of District. This Agreement does not affect right, title, or interest to such property. All assets owned or directly purchased by Town utilized for Fire Protection Services shall Page 7 of 13 113 remain the property of Town. This Agreement does not affect right, title, or interest to such property. 5.2 Ownership Upon Termination: Upon termination of this Agreement, each party shall retain ownership of assets purchased with its respective funds unless both Town and District elect to negotiate terms to transfer ownership to the other party. VI. Employee Supervision and Organization 6.1 Control and Oversight: Town shall have control and oversight over Fire Protection Services and control and oversight over Emergency Medical Services. Town shall have exclusive authority to establish Standard Operating Procedures for Fire Protection Services and Emergency Medical Services (hereinafter collectively referred to as "SOPs"). 6.2 Benefits and Human Resources Services: In accordance with Town personnel policies, Town shall provide benefits and human resources services to all eligible employees providing Fire Protection Services. District shall provide funding as set forth in this Agreement. The parties understand and agree that on and after the Effective Date of this Agreement, all employees providing Fire Protection Services shall be Town employees and shall be solely subject to Town personnel policies and SOPs. VII. Consideration The parties agree that sufficient consideration for this Agreement exists and is found in the payments made pursuant to Section Ill of this Agreement and in the cross promises set forth above and other good and valuable consideration. District's agreement to fund Fire Protection Services as provided in Section Ill above in exchange for Town's agreement to oversee and manage Fire Protection Services for Eligible Persons as provided in Section IV above, shall serve as sufficient consideration under this Agreement. In accordance with the Act, 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. Each party further agrees that it is fairly compensated for the services or functions performed under the terms of this Agreement. VIII. Negligence of Parties/Insurance 8.1 Town Negligence/Insurance: Without waiving any governmental immunity of Town, Town shall be responsible for its sole negligence and Town agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all Town's officers, employees, and agents acting under its direction. Town shall provide liability insurance to cover the acts and omissions of Town, its officers, employees, and agents performing obligations under this Agreement, including but not limited to all personnel providing Fire Protection Services. Town shall maintain general liability insurance to cover Town owned Page 8 of 13 114 or leased assets. 8.2 District Negligence/Insurance: Without waiving any governmental immunity of District, District shall be responsible for its sole negligence and District agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all District's officers, employees, and agents acting under its direction. District shall maintain general liability insurance to cover District owned or leased assets. District shall provide liability insurance to cover the acts and omissions of District, its officers, employees, and agents performing obligations under this Agreement. 8.3 Texas Government Code Section 791.006: The assignment of liability under this Agreement is made pursuant to Section 791.006 of the Texas Government Code, as amended, and the assignment of liability under this Agreement is intended to be different than liability otherwise assigned under Section 791.006(a) of the Texas Government Code. IX. Immunity The fact that Town and District accept certain responsibilities relating to the rendering of Fire Protection Services under this Agreement as part of their responsibility for providing protection for the public health 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 District waives any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. X. Default and Termination In the event that either party hereto breaches any term or condition of this Agreement, this Agreement may be terminated by the aggrieved party if such default is not cured within a period of one hundred eighty (180) days after receipt of written notice of default by the party allegedly in breach of its obligations hereunder. At the option of the aggrieved party, if such default is not cured within the one hundred eighty (180) day period, this Agreement shall immediately terminate without further notice, unless an extension is mutually agreed and approved by both Town and District. XI. Entire Agreement This Agreement represents the entire and integrated agreement between Town and District and supersedes all prior negotiations, representations, and/or agreements, either written or oral, including the Prior I LA. This Agreement may be amended only by written instrument signed by both parties. Page 9 of 13 115 XII. Venue The laws of the State of Texas shall govern this Agreement and each of its terms and provisions, including but not limited to the rights and duties of the parties hereto, without regard for conflict of laws principles, and exclusive venue shall be in state district court in Denton County, Texas. XIII. Severability In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XIV. Non-Waiver All rights, remedies, and privileges permitted or available to either party 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 rights, remedies or privileges with respect to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance by either party in the enforcement of any such right, remedy or privilege against the other party, shall not constitute a waiver of such right, remedy or privilege by the forbearing party. A default by either party under this Agreement shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement by such defaulting party. XV. Annual District Financial Audit Town shall provide any documents requested by auditors of District no later than November 30th of each year. XVI. Annual Appropriations Under no circumstances shall the obligations of the parties hereunder be deemed or construed to create any debt within the meaning of any constitutional or statutory provision, or to unlawfully approve the expenditure of funding beyond the applicable fiscal year; provided, however, without abrogating any police or legislative powers of the respective parties, the parties agree during the term of this Agreement to make a good faith effort to appropriate funds necessary to pay for governmental functions and services under this Agreement as authorized by Texas law. Page 10 of 13 116 [The remainder of this page intentionally left blank.] Page 11 of 13 117 Signature Authority The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals. The effective date of this Agreement shall be -----' 2023. ATTEST: By : Name: ------------- Title: Town Secretary I RMO ATTEST: By: Name: Doug Harper Title: Secretary/Treasurer TOWN OF TROPHY CLUB, TEXAS By: Jeannette Tiffany Title: _M_a"--yo_r _________ _ Date: TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 By Uc Name : Kevin R. Carr Title : Pre~ent Date : ______!..) /l.3 I Page 12 of 13 118 STATE OF TEXAS § § COUNTY OF DENTON § COUNTY OF TARRANT § ACKNOWLEDGEMENTS This instrument was acknowledged before me on the day of ______ , 2023 by Jeannette Tiffany, Mayor of the TOWN OF TROPHY CLUB, TEXAS, a home rule municipal corporation, on behalf of such corporation STATE OF TEXAS § § COUNTY OF DENTON § COUNTY OF TARRANT § Notary Public in and for the State of Texas This instrument was acknowledged before me on the -~· ,--c;; 1 day of . -. -~ t.-t {. , 2023 by Kevin R. Carr, President of TROPHY CLUB MUNICIPAL UTILI ~)' DISTRICT NO. 1, a conservation and reclamation district of the State of Texas, on behalf of said district. Page 13 of 13 119 Page 1 of 8 To: Mayor and Town Council From: Matt Cox, Director of Community Development CC: Patrick Arata, Interim Town Manager Terri Johnson, Interim Town Secretary Re: Case PD-AMD-23-002 First Financial Bank Town Council Meeting, August 28, 2023 Agenda Item: Case PD-AMD-23-002 First Financial Bank A. Conduct a public hearing to consider testimony on a rezoning request made B&S Southern Sign & Crane Service to amend Planned Development District-13 (PD-13), Tract 4A to accommodate signage. The subject property is legally described as The Village at Trophy Club, Lot 4, approximately 1 acre, Denton County, Texas and is generally located at the northwest corner of Trophy Club Drive and SH 114. The property is addressed as 95 Trophy Club Drive. B. Consider and possibly act on a rezoning request made by B&S Southern Sign & Crane Service to amend Planned Development District-13 (PD-13), Tract 4A to accommodate signage. The subject property is legally described as The Village at Trophy Club, Lot 4, approximately 1 acre, Denton County, Texas and is generally located at the northwest corner of Trophy Club Drive and SH 114. The property is addressed as 95 Trophy Club Drive. Strategic Link: Infrastructure & Development – Foster a business-friendly environment. Background and Explanation: The subject property is located at the northwest corner of SH 114 and Trophy Club Drive and it is the existing First Financial Bank site. The Bank recently expanded and updated the main entry/east elevation. The site had one (1) monument sign and one (1) wall sign; on the south elevation. The applicant has requested an amendment to PD-13 to allow for an additional sign on the front (east) elevation/main entry along Trophy Club Drive, increase the signage on the south elevation, and to allow LED lighting in the existing monument sign. 120 Page 2 of 8 PROPERTY LOCATION 121 Page 3 of 8 The subject property was zoned PD-13, Ordinance Number 95-20, and is referenced as Tract 4A on Exhibit G, Potential Alternate Site Plan. In an amendment for signage for this tract, Ordinance Number 2002-23 outlined the following signage: PD-13 Exhibit Sign Type Size Specifications Specification Notes Exhibit C.4 Monument Sign Site Plan NA Exhibit C.5 Monument Sign Elevation (1) 5’0” X 11’5” 3’3” X 6’6” Overall Sign Structure Copy Area of Sign Exhibit C.6 Wall Sign (1) 1’10” X 15’8’” Letter Height & Length-3 Rows No overall sign dimensions in PD Existing Ordinance 2002-23 Exhibit C.4 Monument Sign Site Plan-NO CHANGE 122 Page 4 of 8 Existing Ordinance Number 2002-23 Exhibit C.5 Monument Sign Existing Ordinance Number 2002-23 Exhibit C.6 Wall Sign 123 Page 5 of 8 Expansion Imagery-East Elevation Expansion Imagery-South Elevation 124 Page 6 of 8 Summary of Existing and Proposed Sign Standards PD-13 Exhibit Reference EXISTING PD STANDARDS PROPOSED PD STANDARDS PROPOSED DIMENSIONS Exhibit C.4 Monument Sign Site Plan NO CHANGE PROPOSED NO CHANGE PROPOSED NA Exhibit C.5 Monument Sign Elevation (1) 5’0” X 11’5” Overall Sign Structure 3’3” X 6’6” Copy Area of Sign NO SIZE/COPY AREA CHANGE PROPOSED. Propose to allow LED Internal NO CHANGE Exhibit C.6 Wall Sign (1) South Elevation 22” X 188”* Letter Height & Length 3 Rows Neon Internal Illumination (No overall sign dimension in PD) REPLACEMENT SIGN 1-South Elevation LED Internal Illumination 17” Max. Ltr. Ht. 60” X 156” Sign Area NEW WALL SIGN 1-East Elevation (Main Entry on Trophy Club Dr.) LED Internal Illumination 20.5” Max. Ltr. Ht. 74” X 186” Sign Area *Length Dimension is approximate. Image not legible in Ordinance 2002-23. Aerial Image of Proposed Signage Locations 125 Page 7 of 8 Summary The Trophy Club sign regulations allow one (1) wall/illuminated sign per lease space/premises with a maximum of 50 square feet. Additionally, the wall sign specifications allow up to 40 sq. ft. or the product of 2 times the lineal width of the wall, whichever greater. Wall signs shall not exceed 75% of the width or the height of the available wall area or store frontage for a tenant’s space. The existing south elevation sign was on a much larger wall and the proposed sign will be attached to the expanded area and is illustrated in the elevation image below. Proposed South Elevation Wall Sign Proposed New East Elevation Sign 126 Page 8 of 8 The application is for two (2) wall signs and corner businesses benefit from two (2) signs. In this situation, the visibility from SH 114 and along will be improved for the bank and the newly remodeled entry is a good candidate for signage. Financial Considerations: Not applicable. Legal Review: This item’s ordinance is under review by the Town Attorney. Public Hearing Notifications: Notice of the public hearing was distributed as required by The Town of Trophy Club Zoning Ordinance and State Law. At the time of agenda packet publication Staff had not received any letters in support or in opposition to the zoning change request. Staff Recommendation: Staff recommends approval of the PD-13 amendment for signage on Tract 4A request as submitted. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission considered the PD amendment at their August 10, 2023 meeting. The Commission asked why a second sign was needed at this location. There was no one in attendance on behalf of the application. Staff presumes the expansion/remodel and visibility were reasons for the sign application. The Commission voted four (4) in favor and two (2) opposed to the PD 13 amendment for signage for First Financial Bank. Attachments: • Signage Exhibits • PD 13, Tract 4A, Amendment Ordinance 127 128 Channel Letters • Raceway • LED Illumination 17” Letters on Raceway - Trim & Returns will be Blue in color - Raceway to match Trim 186”EAST ELEVATION20.5” 20.5” 74”20.5” LED RACEWAY CHANNEL LETTERS 5"4"1/4" ELECTRICAL NOTES Channel Letters • Raceway Mounted • LED Scale 0/0" = 1' For Production / Presentation Sign Company DOES NOT provide primary electrical to sign.Power to the sign must be done by a licensed electrical contractor or licensed electrician.Each sign must have: 1. A minimum of one dedicated 120V 20A circuitA2. Junction box installed within 6 feet of sign3. Three wires: Line, Ground, Neutral 1. JEWEL-LITETRIMCAP 2. SILICONE SEAL - TYPICAL 3. INTERIORP AINTEDWHITE 4. .063" ALUMINUMBACK 5. 3/16" PLEX F ACE SPECIFICATIONS FOR FABRICATION AND INSTALLATION:COLOR AND LED SPECIFICATIONS:• Internally illuminated channel letters built to UL specication• Quantity: one (1)• Channel letters painted with two-stage automotive acrylic 6. LEDMODULES• Overall height of sign: 60" / Overall length of sign: 156" / Total square feet: 65’• Returns: Blue 3630-36 7. WEEP HOLES WITHBAFFLES 8. .040 ALUMINUMRETURN AS REQUIRED• Acrylic: faces 3/16 / returns .040 / depth 5”Timer or photo-cell • Faces: White• Interior painted for increased illumination: White• White Aluminum backs: .040• Mounting method: To Raceway, Anchored To Wall (Minimal Holes)• Primary electrical requirement: 120 volt (installed within six feet of sign by others) (installed by others)9. RACEW AYWITHDISCONNECT SWITCH 10. ST AINLESS STEEL STUD ANDNUTS 11. 1/4" ALUMINUMSP ACER• LED: Rows: 1 / Color: white LISTEDOTHER COMPONENTS / SPECIAL CONSTRUCTION CONSIDERATIONS:12. LEDPOWERSUPPL Y B Client Name:Sales Rep:&S First FinancialBank Date: 7/18/2023 Drawing #: 1 Brian Cox Sr.• • & CRANE Client Approval Designer:L Location:Brian Cox Jr.Office:6530 W Hwy 377, Suite 112, Tolar, Tx, 76476 Trophy Club MEMBER Shop: 300 Cox Crossing, Tolar, Tx 76476 Landlord Approval817-573-1888 LISTEDINTERNATIONALSIGNASSOCIATION COPYRIGHT 2005, BY B&S Southern Sign Services •ALL DESIGNS PRESENTED ARE THE SOLE PROPERTY OF B &S Southern Sign Services, AND MAY NOT BE REPRODUCED IN PART OR WHOLE WITHOUT WRITTEN PERMISSION FROM B &S Southern Sign Services. 129 130 GENERAL NOTES SHEET INDEX NO.CONTENTS ARCHITECTURAL A0.0 COVER SHEET / INDEX / ABBREVIATIONS / SYMBOLS LEGEND / GENERAL NOTES A0.1 LIFE SAFETY PLAN A0.2 A0.3 ADA STANDARDS ADA STANDARDS Covenant A0.4 ADA STANDARDS A0.5 A0.6 A0.7 ADA MOUNTING HEIGHTS ARCHITECTURAL SPECIFICATIONS ARCHITECTURAL SPECIFICATIONS SITE PLAN FLOOR PLAN AND DIMENSION PLAN ROOF PLAN EXTERIOR ELEVATIONS BUILDING SECTIONS WALL SECTIONS Architecture 106 E Church Street Weatherford, TX 76086 (817) 565-9826 matt@covenantarch.com A1.00 A2.00 A2.01 A3.00 A4.00 A4.01 A4.02 A5.00 A6.00 WALL SECTIONS REFLECTED CEILING PLAN DOOR SCHEDULE AND DETAILS FLOORING PLAN AND FINISH SCHEDULE STRUCTURAL S0.01 S1.01 S1.02 S2.01 S3.01 S4.01 GENERAL NOTES FOUNDATION PLAN ROOF FRAMING PLAN FOUNDATION DETAILS FRAMING DETAILS FRAMING DETAILS SYMBOL LEGEND CODE SUMMARY & BUILDING INFO. MECHANICAL M0.01 M0.02 M0.03 M1.01 M2.01 M3.01 MECHANICAL NOTES AND SYMBOLS MECHANICAL SCHEDULES MECHANICAL SPECIFICATIONS MECHANICAL DEMOLITION PLAN MECHANICAL PLANS MECHANICAL DETAILS ELECTRICAL E0.01 E2.01 E5.01 E9.01 ELECTRICAL NOTES AND SCHEDULES ELECTRICAL POWER FLOOR PLANS ELECTRICAL SCHEDULES ELECTRICAL SPECIFICATIONS ABBREVIATIONS DESIGN TEAM PROJECT LOCATION MAP ARCHITECT DATE 01-13-2023 COVENANT ARCHITECTURE CONTACT: MATT WILLIAMS 817.565.9826 matt@covenantarch.com STRUCTURAL HnH ENGINEERING INC. CONTACT: WILL HERBERT 817.713.4977 will@hnheng.com MEP SHEET: MALTZ ENGINEERING CONTACT: TIM MALTZ 940.382.0949 A0.00tmaltz@maltzengineering.com 131 Covenant Architecture 106 E Church Street Weatherford, TX 76086 (817) 565-9826 matt@covenantarch.com 01 SOUTH ELEVATION 1/8" 02 EAST ELEVATION 1/8" DATE 01-13-2023 SHEET: 03 WEST ELEVATION 1/8"A3.00 132 Channel Letters • Raceway • LED Illumination 17” Letters on Raceway - Trim & Returns will be Blue in color - Raceway to match Trim 156”SOUTH ELEVATION 17” 17” 60”17” LED RACEWAY CHANNEL LETTERS 5"4"1/4" ELECTRICAL NOTES Channel Letters • Raceway Mounted • LED Scale 0/0" = 1' For Production / Presentation Sign Company DOES NOT provide primary electrical to sign.Power to the sign must be done by a licensed electrical contractor or licensed electrician.Each sign must have: 1. A minimum of one dedicated 120V 20A circuitA2. Junction box installed within 6 feet of sign3. Three wires: Line, Ground, Neutral 1. JEWEL-LITETRIMCAP 2. SILICONE SEAL - TYPICAL 3. INTERIORP AINTEDWHITE 4. .063" ALUMINUMBACK 5. 3/16" PLEX F ACE SPECIFICATIONS FOR FABRICATION AND INSTALLATION:COLOR AND LED SPECIFICATIONS:• Internally illuminated channel letters built to UL specication• Quantity: one (1)• Channel letters painted with two-stage automotive acrylic 6. LEDMODULES• Overall height of sign: 60" / Overall length of sign: 156" / Total square feet: 65’• Returns: Blue 3630-36 7. WEEP HOLES WITHBAFFLES 8. .040 ALUMINUMRETURN AS REQUIRED• Acrylic: faces 3/16 / returns .040 / depth 5”Timer or photo-cell • Faces: White• Interior painted for increased illumination: White• White Aluminum backs: .040• Mounting method: To Raceway, Anchored To Wall (Minimal Holes)• Primary electrical requirement: 120 volt (installed within six feet of sign by others) (installed by others)9. RACEW AYWITHDISCONNECT SWITCH 10. ST AINLESS STEEL STUD ANDNUTS 11. 1/4" ALUMINUMSP ACER• LED: Rows: 1 / Color: white LISTEDOTHER COMPONENTS / SPECIAL CONSTRUCTION CONSIDERATIONS:12. LEDPOWERSUPPL Y B Client Name:Sales Rep:&S First FinancialBank Date: 6/26/2023 Drawing #: 1 Brian Cox Sr.• • & CRANE Client Approval Designer:L Location:Brian Cox Jr.Office:6530 W Hwy 377, Suite 112, Tolar, Tx, 76476 Trophy Club MEMBER Shop: 300 Cox Crossing, Tolar, Tx 76476 Landlord Approval817-573-1888 LISTEDINTERNATIONALSIGNASSOCIATION COPYRIGHT 2005, BY B&S Southern Sign Services •ALL DESIGNS PRESENTED ARE THE SOLE PROPERTY OF B &S Southern Sign Services, AND MAY NOT BE REPRODUCED IN PART OR WHOLE WITHOUT WRITTEN PERMISSION FROM B &S Southern Sign Services. 133 134 Town of Trophy Club Ordinance 2023-__ P&Z Page 1 of 11 S:\Staff\Community Development\- Working Folder\COUNCIL MEETING 08.28.2023\First Financial Bank\Ord 2023-14 PZ PD-13 Tract 4 Signage Amendment for First Financial Bank-DJR HLB edit (003).doc TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2023-14 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2002-23 AND ORDINANCE NO. 95-20 OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT NO. 13, GENERALLY KNOWN AS THE VILLAGE AT TROPHY CLUB, BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING PD PLANNED DEVELOPMENT NO. 13 TO ADOPT AN AMENDMENT TO EXHIBIT C, DEVELOPMENT STANDARDS, TO AMEND SECTION A 4.(e), ENTITLED TRACT 4 SIGNS, AND REGULATING SIGNS LOCATED WITHIN TRACT 4 AS FOLLOWS: PROVIDING REGULATIONS FOR A MONUMENT SIGN, BANNERS AND TEMPORARY SIGNS, WALL SIGNS, INTERNAL LIGHTING, RACEWAY REQUIREMENTS, INSTALLATION AND ADDITIONAL REQUIREMENTS FOR ALL SIGNAGE; PROVIDING FOR WAIVERS OR EXCEPTIONS TO THESE REGULATIONS; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; 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 Town of Trophy Club (the “Town”) is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the owner of Tract 4 of PD No. 13, generally known as The Village at Trophy Club and more particularly described as approximately 2.991 acres of land currently zoned PD Planned Development No. 13 for Office/Commercial uses (the “Land”), filed an application with the Town Planning and Zoning Commission requesting a change in zoning, more specifically to allow a change in the terms of Exhibit “C” Development Standards, to amend Section A 4.(e), Purposes, development standards, uses within individual tracts, Tract 4 Signs, which supersedes any conflicting requirements in Section B (16), Additional development standards applicable to this Planned Development District, Signs, on a portion of the Land located in Planned Development No. 13. 135 Town of Trophy Club Ordinance 2023-__ P&Z Page 2 of 11 S:\Staff\Community Development\- Working Folder\COUNCIL MEETING 08.28.2023\First Financial Bank\Ord 2023-14 PZ PD-13 Tract 4 Signage Amendment for First Financial Bank-DJR HLB edit (003).doc WHEREAS, all legal notices, requirements, and conditions having been complied with, the amendment to PD No. 13 came before the Planning and Zoning Commission and Town Council; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and 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 will further the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: 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. SECTION 2. AMENDING Ordinance No. 95-20 of the Town of Trophy Club, Texas, the same being the Town’s PD No. 13, Exhibit “C” Development Schedule, Section A, Item 4., is hereby amended to amend item (e) with the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: (e) Tract 4 Signs: The following sign regulations apply to signs within Tract 4 only and are cumulative of all other general sign regulations herein. In the event of a conflict between these regulations and any other regulations contained in this ordinance, the following regulations shall control signage located within Tract 4. (1) Monument Sign: One (1) monument sign, double sided, shall be located within the landscaped area as shown on Exhibit C.4. The sign shall not exceed a maximum of five feet (5’), six inches (6”) in height measured from the bottom of the footing and eleven feet (11’), five inches (5”) in length. The sign copy shall not exceed a maximum three feet (3’), three inches (3”) in height and six feet (6’), 136 Town of Trophy Club Ordinance 2023-__ P&Z Page 3 of 11 S:\Staff\Community Development\- Working Folder\COUNCIL MEETING 08.28.2023\First Financial Bank\Ord 2023-14 PZ PD-13 Tract 4 Signage Amendment for First Financial Bank-DJR HLB edit (003).doc six inches (6”) in length, and no more than twenty-two square feet (22’) in total area. The monument sign copy shall be internally illuminated with an aluminum face routed copy, backed with Plexiglas, per logo colors, and may utilize LED lighting. Additional copy to be 1st surface vinyl. (2) Banners and Temporary Signs: No banner or temporary signs shall be allowed on the exterior of the building, except as specifically provided herein. Banners for grand openings may be displayed no more than fifteen (15) days prior to and thirty (30) days following the date of the grand opening event. In no instance shall the period of display exceed a total of forty-six days, including the date of the grand opening. The tenant or property owner conducting the grand opening shall obtain a permit from the Town designating the date and the duration of the grand opening event. Banners for temporary events shall be permitted a maximum of two times annually for the tenant or property owner and may be displayed for a period not to exceed fifteen (15) business days for each event. The tenant or property owner conducting the event shall obtain a permit from the Town designating the date(s) and duration of the event. (3) Wall Signs: One (1) wall sign may be located on the south and east elevations of the building. a. The letters on the south elevation shall not exceed seventeen inches (17”) in height and the maximum sign area shall be sixty inches (60”) x one hundred fifty-six inches (156”) as illustrated in Exhibit A-1 and Exhibit A-1.1, South Sign Elevations. b. The letters on the east elevation shall not exceed twenty and one-half inches (20.5”) in height and the maximum sign area shall be seventy-four inches (74”) x one hundred eighty-six inches (186”) as illustrated in Exhibit A-2 and Exhibit A-2.1, East Sign Elevations. (4) Internal Lighting: Internally lit, individual aluminum channel letters with a 1/8” Plexiglas front shall be permitted on the building face. Internal lighting may utilize light emitting diodes “LED”. The raceway shall be painted to match the surface upon which it is mounted. (5) Raceway Requirements: The sign is to be attached to an eight- inch (8”) by eight-inch (8”) aluminum raceway, fabricated from .063 aluminum. The raceway shall enclose all electrical components 137 Town of Trophy Club Ordinance 2023-__ P&Z Page 4 of 11 S:\Staff\Community Development\- Working Folder\COUNCIL MEETING 08.28.2023\First Financial Bank\Ord 2023-14 PZ PD-13 Tract 4 Signage Amendment for First Financial Bank-DJR HLB edit (003).doc such as wiring, transformers, etc., with no secondary wiring to be visible on/from the front face of the sign. (6) Installation: A licensed electrician shall perform all electrical hook- up. All signage shall be mounted on a raceway. All penetration through the masonry shall be through the mortar joints. No secondary wiring running between letters shall occur on the front face of the raceway. The tenant shall provide the J box, rigid conduit to the panel and wiring. (7) Additional Requirements: The following additional standards shall apply to all signage, as applicable: (i) conformance with the Town’s adopted Electrical Code, as amended; (ii) conformance with UL Standards; and (iii) conformance with Town permitting requirements. (8) Waiver or Exception: Tenants or owners may request a waiver or exception to these provisions as allowed by the ordinances of the Town. 138 Town of Trophy Club Ordinance 2023-__ P&Z Page 5 of 11 S:\Staff\Community Development\- Working Folder\COUNCIL MEETING 08.28.2023\First Financial Bank\Ord 2023-14 PZ PD-13 Tract 4 Signage Amendment for First Financial Bank-DJR HLB edit (003).doc SECTION 3. APPLICABLE REGULATIONS 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. SECTION 4. CUMULATIVE This Ordinance shall be cumulative of all other provisions of ordinances of the Town except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting regulations governing and regulating the platting and subdivision of land which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. SEVERABILITY It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses, and phrases in this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by a valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this Ordinance, since the same would have been enacted by the Town Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause, or phrase. SECTION 7. 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 conviction, in an amount not 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. 139 Town of Trophy Club Ordinance 2023-__ P&Z Page 6 of 11 S:\Staff\Community Development\- Working Folder\COUNCIL MEETING 08.28.2023\First Financial Bank\Ord 2023-14 PZ PD-13 Tract 4 Signage Amendment for First Financial Bank-DJR HLB edit (003).doc SECTION 8. 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 3.16 of the Town’s Charter or Section 52.011 of the Texas Local Government Code, as applicable. SECTION 9. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact caption, penalty and effective date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 10. 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. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 28rd day of August, 2023. _______________________________ Jeannette Tiffany Mayor Town of Trophy Club, Texas ATTEST: _____________________________________ Terri Johnson Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: 140 Town of Trophy Club Ordinance 2023-__ P&Z Page 7 of 11 S:\Staff\Community Development\- Working Folder\COUNCIL MEETING 08.28.2023\First Financial Bank\Ord 2023-14 PZ PD-13 Tract 4 Signage Amendment for First Financial Bank-DJR HLB edit (003).doc ___________________________________ Dean Roggia, Town Attorney Town of Trophy Club, Texas_____________________________ 141 Town of Trophy Club Ordinance 2023-__ P&Z Page 8 of 11 S:\Staff\Community Development\- Working Folder\COUNCIL MEETING 08.28.2023\First Financial Bank\Ord 2023-14 PZ PD-13 Tract 4 Signage Amendment for First Financial Bank-DJR HLB edit (003).doc Exhibit A-1 South Sign Elevation 142 Town of Trophy Club Ordinance 2023-__ P&Z Page 9 of 11 S:\Staff\Community Development\- Working Folder\COUNCIL MEETING 08.28.2023\First Financial Bank\Ord 2023-14 PZ PD-13 Tract 4 Signage Amendment for First Financial Bank-DJR HLB edit (003).doc Exhibit A-1.1 South Sign Elevation 143 Town of Trophy Club Ordinance 2023-__ P&Z Page 10 of 11 S:\Staff\Community Development\- Working Folder\COUNCIL MEETING 08.28.2023\First Financial Bank\Ord 2023-14 PZ PD-13 Tract 4 Signage Amendment for First Financial Bank-DJR HLB edit (003).doc Exhibit A-2 East Sign Elevation 144 Town of Trophy Club Ordinance 2023-__ P&Z Page 11 of 11 S:\Staff\Community Development\- Working Folder\COUNCIL MEETING 08.28.2023\First Financial Bank\Ord 2023-14 PZ PD-13 Tract 4 Signage Amendment for First Financial Bank-DJR HLB edit (003).doc Exhibit A-2 East Sign Elevation 145 Page 1 of 4 To: Mayor and Town Council From: Matt Cox, Director of Community Development CC: Patrick Arata, Interim Town Manager Terri Johnson, Interim Town Secretary Re: Case SZ-23-001 Triple Crown Estates Rezoning Town Council Meeting, August 28, 2023 Agenda Item: Case SZ-23-001 Triple Crown Estates, Rezoning A. Conduct a public hearing to consider testimony on a rezoning request made by Vasquez Engineering LLC to change the zoning from R-15 Single-Family Residential District to R-12 Single- Family Residential District on approximately 2.991 acres of land out of the Mary Medlin Survey, Abstract No. 832, Denton County, Texas. The property is generally located south of Trophy Park Drive, west of Balmoral Drive, and east of Annandale Drive, within the Town of Trophy Club. The property is currently addressed as 2304 Trophy Park Drive. B. Consider and possibly act on a rezoning request made by Vasquez Engineering LLC to change the zoning from R-15 Single-Family Residential District to R-12 Single-Family Residential District on approximately 2.991 acres of land out of the Mary Medlin Survey, Abstract No. 832, Denton County, Texas. The property is generally located south of Trophy Park Drive, west of Balmoral Drive, and east of Annandale Drive, within the Town of Trophy Club. The property is currently addressed as 2304 Trophy Park Drive. Strategic Link: Infrastructure & Development – Foster a business-friendly environment. Background and Explanation: The subject property is currently zoned R-15 Single-Family Residential District and the applicant has applied for rezoning to the R-12 Single-Family Residential District. The property owner/applicant is requesting to develop the property as six (6) residential lots and one (1) open space lot with a public cul-de-sac street serving each lot. 146 Page 2 of 4 PROPERTY LOCATION SURROUNDING ZONING 147 Page 3 of 4 The requested zoning of R-12 requires the following development standards. R-12 Single-Family Residential District Regulations Minimum Lot Area 12,000 SF Minimum Floor Area (FFA) 1 Story Residence 2,000 SF Min. 2 Story or 1 ½ Story Residence 2,000 SF Min. Corner Lot Residence 2,500 SF Min. Lots with more than 1 story shall have a min. FFA 2,000 SF Min. Maximum Building Coverage 35% Max. of lot area Main and accessory buildings/structures total Minimum Front Yard 25 Feet Minimum Rear Yard 25 Feet Minimum Side Yard 10 Feet Minimum Lot Width 90 Feet Minimum Lot Depth 110 Feet Minimum Lot Depth-cul-de-sac 100 Feet Garages may not face public ROW/golf course Summary The proposed zoning is very similar to the existing zoning and a Preliminary Plat illustrating lots greater in square footage than the 12,000 square foot minimum has been submitted that follows this agenda item. • The eight (8) lots immediately adjacent to the subject property’s western property boundary range in size from 5,458 square feet to 11,970 square feet, per the filed plat. • The properties to the north, across Trophy Park Drive are 8,750 square feet, per the filed plat. • The property to the east is zoned for a minimum of 15,000 square feet. • The subject property proposes six (6) lots and the average lot size per the proposed Preliminary Plat is ±16,984 SF. The proposed zoning of R-12 Single-Family Residential district is appropriate for this parcel of land. Financial Considerations: Not applicable. Legal Review: This item’s ordinance is under review by the Town Attorney. Public Hearing Notifications: Notice of the public hearing was distributed as required by The Town of Trophy Club Zoning Ordinance and State Law. At the time of agenda packet publication Staff had not received any letters in support or in opposition to the zoning change request. Staff Recommendation: Staff recommends approval of the rezoning request. Planning & Zoning Commission Recommendation: 148 Page 4 of 4 The P&Z Commission considered the zoning change request at the August 10, 2023 meeting. Two (2) property owners on Nottingham Court were in support of the zoning change but requested the power lines along the western property boundary to be buried. The Zoning Ordinance for the Town of Trophy Club does not address the location of such utilities. The location of utilities is in the Subdivision Ordinance and is part of the platting and engineering plan process. Section 10.02.073, Subdivision Ordinance, Undergrounding of Utilities, governs the requirement to place all electric utility lines underground when the lines and wires will be operated at nominal voltages. The section also outlines other utilities, location of equipment, waivers, and cost provisions. Staff has contacted the electric provider to determine the voltage in the existing lines and the possibility of locating the lines underground. At the time of agenda packet preparation, staff had not received information from the provider. A motion to approve the zoning change request resulted in a vote of two (2) in favor and five (5) opposed. A three-fourths (3/4) vote of the members of the Town Council is required to approve the rezoning request. Attachments: • Triple Crown Estates Zoning Exhibit • Zoning Ordinance for case SZ-23-001 149 EX1 150 Page 1 C:\inetpub\wwwroot\multitenant\temp\REDLINE - Comparison.pdf TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2023-__ P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2002-41 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS AN APPROXIMATE 2.992 ACRE TRACT OF LAND CURRENTLY ZONED “R-15” – SINGLE FAMILY RESIDENTIAL TO “R- 12” SINGLE FAMILY RESIDENTIAL; PROVIDING FOR EXHIBIT “A”, LEGAL DESCRIPTION”; AND PROVIDING FOR EXHIBIT “B”, “ZONING CHANGE EXHIBIT”; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE ZONING CODE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE R- 12 ZONING FOR SUCH 2.991992 ACRE TRACT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (the “Town”) is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town Council”), is authorized and empowered by law, in accordance with Chapter 211 of the Texas Local Government Code, to regulate Landland use, and property development within the Town for the public health, safety, and general welfare; and WHEREAS, the owner of the tract of land, collectively described as a 2.991992 acre tract of land, zoned R-1215 – Single Family Residential, and such land being further described in Exhibit “A”,,” attached hereto and incorporated herein, (the “Land”), filed an application with the Town’s Planning and Zoning Commission requesting a change in zoning of the Land into R-12 – Single Family Residential. Such application further requested an amendment to the official Zoning District Map of the Town in accordance with Chapter 14 of the Town’s Code of Ordinances; and 151 Page 2 C:\inetpub\wwwroot\multitenant\temp\REDLINE - Comparison.pdf WHEREAS, all legal notices, requirements, and conditions having been complied with, the case to rezone the Land came before the Planning and Zoning Commission; and WHEREAS, 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 and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Comprehensive Zoning Ordinance as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered, among other things, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: SECTION 1. INCORPORATION OF PREMISES That the The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. FINDINGS After due deliberations and consideration of the recommendation of the Planning and 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 ofwill further the public health, safety, and welfare. SECTION 3. REZONING The Comprehensive Zoning Ordinance for the Town, adopting the Zoning Map, codified in Chapter 14 of the Code of Ordinances of the Town of Trophy Club, is hereby amended in the following particulars: A. The zoning of the Land, being a 2.991992 acre tract of land described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and incorporated herein, is hereby changed to adopt provisions for “R-12” Single Family Residential in accordance with the requirements of this Ordinance, all applicable parts of Chapter 14, the Comprehensive Zoning CodeOrdinance, and all other applicable ordinances, rules 152 Page 3 C:\inetpub\wwwroot\multitenant\temp\REDLINE - Comparison.pdf and regulations of the Town. The Zoning Map is hereby amended to reflect the “R- 12” Single Family Residential designation for the tract of Land. SECTION 4. SAVINGS AND REPEALER That thisCUMULATIVE This Ordinance shall be cumulative of all other provisions of ordinances of the Town and shall not repeal any of the provisions of such ordinances except in those instances where the provisions of those ordinancesthis Ordinance are in direct conflict with the provisions of this Ordinance; whether such ordinances, in which event the conflicting provisions of 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 suchhereby 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 5. SAVINGS All rights and remedies of the Town are expressly saved as to any and all violations of the provisions of any other ordinance affecting zoning within the Town which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. SEVERABILITY If It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses, and phrases in this Ordinance are severable, and if any section, article, paragraph, sentence, clause, or phrase or word inof this Ordinance, or application thereof to any person or circumstance, is held invalid or shall be declared unconstitutional by a Courtvalid judgment or decree of any court of competent jurisdiction, such holdingunconstitutionality shall not affect the validityany of the remaining portionssections, paragraphs, sentences, clauses, or phrases of thethis Ordinance, andsince the Town Council hereby declares itsame would have passedbeen enacted by the Town Council without the incorporation in this Ordinance of any such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effectunconstitutional section, paragraph, sentence, clause, or phrase. SECTION 7. 153 Page 4 C:\inetpub\wwwroot\multitenant\temp\REDLINE - Comparison.pdf SECTION 6. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as set forth in the home rule Charter of the Town and by filing this Ordinance in the Ordinance records of the Town. SECTION 8. SECTION 7. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 9. SECTION 8. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 3.16 of the Town’s Charter, or Section 52.011 of the Texas Local Government Code, as applicable. 154 Page 5 C:\inetpub\wwwroot\multitenant\temp\REDLINE - Comparison.pdf SECTION 910. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 28th day of August, 2023. _______________________________ Jeannette Tiffany Mayor Town of Trophy Club, Texas ATTEST: _________________________________________ Terri Johnson Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: _________________________________________ Dean Roggia, Town Attorney Town of Trophy Club, Texas 155 Page 6 C:\inetpub\wwwroot\multitenant\temp\REDLINE - Comparison.pdf EXHIBIT A LEGAL DESCRIPTION 2.992 ACRES WHEREAS, WASATCH PROPERTIES LLC is the sole owner of a 2.992 acre tract of land situated in the Mary Medlin Survey, Abstract No. 832, Denton County, Texas, Denton County Appraisal District (DCAD) Property ID 68432, DCAD Tract 4, Old DCAD Tract #1A, and being all of Wasatch Properties LLC, by General Warranty Deed recorded in Instrument Number 2022-24617, Official Public Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for the northeast corner of said Wasatch tract, same being the northwest corner of that certain tract of land conveyed to Bertie Estelle Miller, Roy Dale Coleman, and Donna Jean Coleman, by deed recorded in Instrument Number 2021-226621, Official Public Records, Denton County, Texas, same being in the southerly right-of-way line of Trophy Park Drive (a variable width right-of-way) (60 feet wide at this point); THENCE South 00 deg. 35 min. 00 sec. East, along the common line of said Wasatch tract and said Coleman tract, a distance of 707.21 feet to a 3/8 inch iron rod found for the southeast corner of said Wasatch tract. same being the southwest corner of said Coleman tract, same being in a northeasterly line of that certain called 240 acre tract of land conveyed as Tract E-405 to United States of America, by deed recorded in Volume 370, Page 208, Deed Records, Denton County, Texas; THENCE North 57 deg. 20 min. 07 sec. West, along the common line of said Wasatch tract and said Tract E-405, a distance of 242.62 feet to a concrete monument found for the southwest corner of said Wasatch tract, same being a north corner of said Tract E- 405, same being in an easterly line of Block H, The Highlands at Trophy Club Neighborhood 8-Phase 2B, an addition to the Town of Trophy Club, Denton County, Texas, according to the plat thereof recorded in Instrument Number 2013-229, Official Public Records, Denton County, Texas; THENCE North 00 deg. 42 min. 58 sec. West, along the common line of said Wasatch tract and said Block H, a distance of 573.60 feet to a 5/8 inch iron rod with yellow plastic cap (illegible) found for the northwest corner of said Wasatch tract, same being the northeast corner of said Block H, same being in the southerly right-of-way line of aforesaid Trophy Park Drive; THENCE North 89 deg. 15 min. 02 sec. East, along the common line of said Wasatch tract and said Trophy Park Drive, a distance of 204.24 feet to the POINT OF BEGINNING and containing 130,325 square feet or 2.992 acres of computed land, more or less. 156 Page 7 C:\inetpub\wwwroot\multitenant\temp\REDLINE - Comparison.pdf EXHIBIT B “ZONING EXHIBIT” 157 Page 1 C:\inetpub\wwwroot\multitenant\temp\ORD 2023-15 TRIPLE CROWN ZONING Zoning Change from R-15 Single Family Residential to R-12-DJR.pdf TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2023-15 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2002-41 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS AN APPROXIMATE 2.992 ACRE TRACT OF LAND CURRENTLY ZONED “R-15” – SINGLE FAMILY RESIDENTIAL TO “R- 12” SINGLE FAMILY RESIDENTIAL; PROVIDING FOR EXHIBIT “A”, LEGAL DESCRIPTION”; AND PROVIDING FOR EXHIBIT “B”, “ZONING CHANGE EXHIBIT”; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE ZONING CODE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE R-12 ZONING FOR SUCH 2.992 ACRE TRACT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (the “Town”) is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town Council”), is authorized and empowered by law, in accordance with Chapter 211 of the Texas Local Government Code, to regulate land use, and property development within the Town for the public health, safety, and general welfare; and WHEREAS, the owner of the tract of land, collectively described as a 2.992 acre tract of land, zoned R-15 – Single Family Residential, and such land being further described in Exhibit “A,” attached hereto and incorporated herein, (the “Land”), filed an application with the Town’s Planning and Zoning Commission requesting a change in zoning of the Land into R-12 – Single Family Residential. Such application further requested an amendment to the official Zoning District Map of the Town in accordance with Chapter 14 of the Town’s Code of Ordinances; and 158 Page 2 C:\inetpub\wwwroot\multitenant\temp\ORD 2023-15 TRIPLE CROWN ZONING Zoning Change from R-15 Single Family Residential to R-12-DJR.pdf WHEREAS, all legal notices, requirements, and conditions having been complied with, the case to rezone the Land came before the Planning and Zoning Commission; and WHEREAS, 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 and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Comprehensive Zoning Ordinance as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered, among other things, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: 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. SECTION 2. FINDINGS After due deliberations and consideration of the recommendation of the Planning and 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 will further the public health, safety, and welfare. SECTION 3. REZONING The Comprehensive Zoning Ordinance for the Town, adopting the Zoning Map, codified in Chapter 14 of the Code of Ordinances of the Town of Trophy Club, is hereby amended in the following particulars: A. The zoning of the Land, being a 2.992 acre tract of land described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and incorporated herein, is hereby changed to adopt provisions for “R-12” Single Family Residential in accordance with the requirements of this Ordinance, all applicable parts of Chapter 14, the 159 Page 3 C:\inetpub\wwwroot\multitenant\temp\ORD 2023-15 TRIPLE CROWN ZONING Zoning Change from R-15 Single Family Residential to R-12-DJR.pdf Comprehensive Zoning Ordinance, and all other applicable ordinances, rules and regulations of the Town. The Zoning Map is hereby amended to reflect the “R-12” Single Family Residential designation for the tract of Land. SECTION 4. CUMULATIVE This Ordinance shall be cumulative of all other provisions of ordinances of the Town except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5. SAVINGS All rights and remedies of the Town are expressly saved as to any and all violations of the provisions of any other ordinance affecting zoning within the Town which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. SEVERABILITY It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses, and phrases in this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by a valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this Ordinance, since the same would have been enacted by the Town Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause, or phrase. SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as set forth in the home rule Charter of the Town and by filing this Ordinance in the Ordinance records of the Town. SECTION 8. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be 160 Page 4 C:\inetpub\wwwroot\multitenant\temp\ORD 2023-15 TRIPLE CROWN ZONING Zoning Change from R-15 Single Family Residential to R-12-DJR.pdf fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 9. 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 3.16 of the Town’s Charter, or Section 52.011 of the Texas Local Government Code, as applicable. SECTION 10. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 28th day of August, 2023. _______________________________ Jeannette Tiffany Mayor Town of Trophy Club, Texas ATTEST: _________________________________________ Terri Johnson Interim Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: _________________________________________ Dean Roggia, Town Attorney Town of Trophy Club, Texas 161 Page 5 C:\inetpub\wwwroot\multitenant\temp\ORD 2023-15 TRIPLE CROWN ZONING Zoning Change from R-15 Single Family Residential to R-12-DJR.pdf EXHIBIT A LEGAL DESCRIPTION 2.992 ACRES WHEREAS, WASATCH PROPERTIES LLC is the sole owner of a 2.992 acre tract of land situated in the Mary Medlin Survey, Abstract No. 832, Denton County, Texas, Denton County Appraisal District (DCAD) Property ID 68432, DCAD Tract 4, Old DCAD Tract #1A, and being all of Wasatch Properties LLC, by General Warranty Deed recorded in Instrument Number 2022-24617, Official Public Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for the northeast corner of said Wasatch tract, same being the northwest corner of that certain tract of land conveyed to Bertie Estelle Miller, Roy Dale Coleman, and Donna Jean Coleman, by deed recorded in Instrument Number 2021-226621, Official Public Records, Denton County, Texas, same being in the southerly right-of-way line of Trophy Park Drive (a variable width right-of-way) (60 feet wide at this point); THENCE South 00 deg. 35 min. 00 sec. East, along the common line of said Wasatch tract and said Coleman tract, a distance of 707.21 feet to a 3/8 inch iron rod found for the southeast corner of said Wasatch tract. same being the southwest corner of said Coleman tract, same being in a northeasterly line of that certain called 240 acre tract of land conveyed as Tract E-405 to United States of America, by deed recorded in Volume 370, Page 208, Deed Records, Denton County, Texas; THENCE North 57 deg. 20 min. 07 sec. West, along the common line of said Wasatch tract and said Tract E-405, a distance of 242.62 feet to a concrete monument found for the southwest corner of said Wasatch tract, same being a north corner of said Tract E- 405, same being in an easterly line of Block H, The Highlands at Trophy Club Neighborhood 8-Phase 2B, an addition to the Town of Trophy Club, Denton County, Texas, according to the plat thereof recorded in Instrument Number 2013-229, Official Public Records, Denton County, Texas; THENCE North 00 deg. 42 min. 58 sec. West, along the common line of said Wasatch tract and said Block H, a distance of 573.60 feet to a 5/8 inch iron rod with yellow plastic cap (illegible) found for the northwest corner of said Wasatch tract, same being the northeast corner of said Block H, same being in the southerly right-of-way line of aforesaid Trophy Park Drive; THENCE North 89 deg. 15 min. 02 sec. East, along the common line of said Wasatch tract and said Trophy Park Drive, a distance of 204.24 feet to the POINT OF BEGINNING and containing 130,325 square feet or 2.992 acres of computed land, more or less. 162 Page 6 C:\inetpub\wwwroot\multitenant\temp\ORD 2023-15 TRIPLE CROWN ZONING Zoning Change from R-15 Single Family Residential to R-12-DJR.pdf EXHIBIT B “ZONING EXHIBIT” 163 Page 7 C:\inetpub\wwwroot\multitenant\temp\ORD 2023-15 TRIPLE CROWN ZONING Zoning Change from R-15 Single Family Residential to R-12-DJR.pdf 164 Page 1 of 2 To: Mayor and Town Council From: Denise Deprato, Director of Human Resources Re: Appoint Town Secretary Date: August 28, 2023 Agenda Item: Consider and take appropriate action to appoint a Town Secretary effective August 29, 2023. Strategic Link: N/A Background and Explanation: Town Charter §4.07 states ‘The Council shall appoint a Town Secretary who shall act as the Secretary to the Council and shall hold office at the pleasure of the Council.’ On May 5, 2023, the Town Secretary position was vacated. Town Council initiated an executive recruitment search to find a highly qualified Town Secretary. Council appointed a sub-committee to work through the recruitment process with the Director of Human Resources. On August 10, 2023, Council conducted in-person interviews with the top candidates and directed staff to make an offer and begin the pre-employment process. Town Charter §4.09 states ‘The Council shall set the compensation of the Town Secretary.’ Town Secretary candidate Tammy Dixon accepted the conditional offer of employment with an annual salary of $104,039, the employee benefit packet including $25 per month education pay and $75 certification pay, and 48 hours of vacation upon hire. The Town’s pre-employment process was completed with satisfactory results. Financial Considerations: The Town Secretary Compensation package is included in the current Fiscal Year 2022/23 budget and in the Fiscal Year 2023/24 proposed budget. Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends pursuant to Town Charter, Town Council Appoint Tammy Dixon as the Town Secretary effective August 29, 2023.165 Page 2 of 2 Attachments: None 166 1 2 3 Request Day Who Requested Date of Last Action 1 8.27.19 CM Geraci 6.27.23 Mayor Sanders 2 8.23.22 CM Monger 8.14.23 3 8.9.22 CM Beach 6.27.23 1.10.23 CM Beach Added twice 4 6.13.23 CM Sheridan 6.27.23 5 6.13.23 CM Sheridan 6.27.23 Council requested future agenda items that need to be addressed. Researched agenda items that are scheduled to be reported to Council. (first 2-4 weeks) The Future Agenda Items list will be attached to the Council Meeting agenda to provide Council with a status on all items. During Council meetings, the future agenda items will be reviewed and removed if completed or added if new agenda items need to be addressed. Town staff to provide a plan of action for trash baskets in Town-Owned inlets. Councilmember Sheridan would like staff to prepare a plan of action to install trash collector baskets in storm drain inlets in the Town with a not to exceed amount of $75,000. Also, provide a plan to have PD30 put in trash collector baskets when phase 3 begins. Interim Town Manager Arata discussed the item with the Finance subcommittee on June 27th. Flashing lights at the existing roundabout crosswalk. The Town has received the original signage plan for the round-a-bout at Trophy Club Dr. and Trophy Lake. During the June 27th Council meeting, Councilmember Beach directed Director of Community Development Matt Cox to complete additional research on alternative options for the flashing lights at the next Council meeting. Short-Term rentals. Councilmember Sheridan would like to review short-term rentals before they become an issue within the Town. During the June 27th Council meeting, Town Attorney David Dodd presented a short-term rental process. Councilmember Bauer would like additional definitions of the word “owner” to be defined in the registration ordinance. The Town has passed this topic to our new Legal Counsel to review and re-visit at a future Council meeting. The strategic plan will be addressed at a future workshop. August 28, 2023 Future Agenda Items Future Agenda Item Hogans Glen drainage. The Town Council decided on the Hogan’s Glen drainage matter during the June 13th Council meeting by approving $150,000 from the stormwater drainage funds to the HOA to mitigate the stormwater siltation. Mayor Pro Tem Sheridan would like to bring this matter back to Council on August 28, 2023, to discuss, take action, or give direction to staff per the transition of new Legal Counsel for the Town and the need for better communication with the HOA. Develop a Strategic Plan for the Town addressing future goals with budgetary needs for each department. Future Agenda Items have 3 Categories: Council requested items that need additional research and will be brought back for public discussion at a Council Meeting. For agenda items with significant research time Council will be updated. 167 Request Day Who Requested Date of Last Action 6 7.25.23 CM Bauer 7.25.23 7 7.25.23 CM Bauer 7.25.23 8 8.14.23 CM Oldham 8.14.23 9 Comprehensive land plan. 8.14.23 Mayor Tiffany 8.14.23 10 Roundabouts. 8.18.23 Interim TM Arata 8.18.23 8.25.20 CM Shoffner 1.10.23 Mayor Tiffany would like to fully update and revise the 1997 comprehensive land plan. On August 25, 2020, Mayor Pro Tem Philip Shoffner added the Traffic Mitigation future agenda item. This item was removed from future agenda items on January 10, 2023. On August 18, 2023, Interim Town Manager Patrick Arata added the Roundabouts back to the future agenda item. Future Agenda Item Trophy Club park revenues. Councilmember Bauer would like to explore current and new options for revenue at Trophy Club Park. Legal description guidelines. Councilmember Oldham would like our Community Development Standards to incorporate legal description guidelines in the review process for the preparation of all real property descriptions, either for or on behalf of the Town of Trophy Club, Texas. Trophy Club community pool. Councilmember Bauer would like to re-visit Phase 2 of the Trophy Club Community Pool. The request includes looking at the whole project, including slides, finances, and Parks Board recommendations. 168