Agenda Packet 09-25-2023Town of Trophy Club
Meeting Agenda Packet
Town Council
1 Trophy Wood Drive
Trophy Club, Texas
76262
September 25, 2023 6:00 PM Council Chambers
CALL TO ORDER AND ANNOUNCE A QUORUM
INVOCATION
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.National Night Out, Tuesday, October 3, 2023 (Vicki Hardy)
2.Grapefest Grapestomp (Mayor Tiffany)
3.Working for You . . . Trophy Club
a) Update from Town Council Members
b) Update from Town Manager (Patrick Arata, Interim Town Manager)
d) Quick Civic Tip (Dean Roggia, Town Attorney)
CONSENT AGENDA
4.Consider approval of the September 06, 2023, joint Town Council and Economic
Development Corporation joint meeting minutes. (Tammy Dixon, Town Secretary)
5.Consider approval of the September 11, 2023, regular meeting minutes. (Tammy
Dixon, Town Secretary)
6.Consider approval of an ordinance approving a negotiated settlement between
the Atmos Cities Steering Committee and Atmos Energy Corp., MidTex Division
regarding the company’s 2023 Rate Review Mechanism filing. (Patrick Arata,
Interim Town Manager)
7.Consider approval of a resolution of the Town of Trophy Club establishing an Arts
and Culture Ad Hoc Committee (Tammy Dixon, Town Secretary)
8.Consider approval of the Arts and Culture Ad Hoc Committee members
appointed by Mayor Tiffany. (Mayor Tiffany)
9.Consider approval to terminate the existing Local Agreement and enter into a
new Local Agreement with the Denton County District Attorney's Office and the
Trophy Club Police Department in regards to seizures filed under Chapter 59
and Article 18.18 of the Texas Code of Criminal Procedure in Denton County,
Texas. (Patrick Arata, Interim Town Manager)
10.Consider approval of a resolution revising the Employee Benefits Trust by
modifying the trustees. (Denise Deprato, Director of Human Resources)
11.Consider approval of a resolution adopting a Compensation Policy for the Town
of Trophy Club. (Denise Deprato, Director of Human Resources)
12.Consider approval of a Developer’s Agreement between the Town of Trophy
Club and Trophy Club Estates Development, L.P. for the Willow Estates (2H);
and authorizing the Mayor or her designee to execute same on behalf of the
Town. (Matt Cox, Director of Community Development)
13.Consider approval of a Developer’s Agreement between the Town of Trophy
Club and Trophy Club Estates Development, L.P. for the Oak Estates (3H); and
authorizing the Mayor or her designee to execute same on behalf of the Town.
(Matt Cox, Director of Community Development)
14.Consider approval of a Developer’s Agreement between the Town of Trophy
Club and Trophy Club Estates Development, L.P. for the Cypress Estates (4H);
and authorizing the Mayor or her designee to execute same on behalf of the
Town. (Matt Cox, Director of Community Development)
INDIVIDUAL ITEMS
15.Public Hearing to consider approval of an ordinance relative to the Service and
Assessment Plan for Authorized Services (Emergency Services) for the Trophy
Club Public Improvement District No. 1 (The Highlands at Trophy Club), the
proposed Assessment Roll, and the levy of Special Assessments against the
property in PID No. 1. (Patrick Arata, Interim Town Manager)
16.Discuss, consider, and take action regarding an ordinance amending Section
1.08.032 entitled “Board Established, Membership, Meetings” of Chapter 1,
“General Provisions:; Article 1.08, “Parks and Recreation”; and Division 2
“Parks and Recreation Board” of the Town’s Code of Ordinances, by increasing
the number of board members to provide for alternate members, and by
establishing “Places and Terms.” (Mayor Jeannette Tiffany).
17.Future Agenda Items List (Patrick Arata, Interim Town Manager)
EXECUTIVE SESSION
18.Pursuant to the following designated section of the Texas Governmental Code,
Annotated, Chapter 551 (Texas Open Meetings Act), The Town will recess into
executive session to discuss the following:
a. Section 551.071 consultation with Town Attorney to seek legal advice
regarding legal issues related to the Lakes of Trophy Club Home Owner’s
Association.
b. Section 551.074, Personnel: To deliberate and consider the appointment,
employment, evaluation, reassignment, duties, discipline or dismissal of public
officers or employees; to wit: Town Manager; and Town Secretary.
RECONVENE INTO REGULAR SESSION
19.Consider and take appropriate action regarding Executive Session (Mayor
Jeannette Tiffany).
ADJOURN
The Town Council may convene into executive session to discuss posted items as allowed by
the Texas Open Meeting Act, LGC.551.071
CERTIFICATION
I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1
Trophy Wood Drive, Trophy Club, Texas, on September 22, 2023, by 5:00 p.m. in accordance
with Chapter 551, Texas Government Code.
__________________________________
Tammy Dixon
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.
0
Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262September 25, 2023 6:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUMINVOCATION 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.National Night Out, Tuesday, October 3, 2023 (Vicki Hardy)2.Grapefest Grapestomp (Mayor Tiffany)
3.Working for You . . . Trophy Club
a) Update from Town Council Members
b) Update from Town Manager (Patrick Arata, Interim Town Manager)
d) Quick Civic Tip (Dean Roggia, Town Attorney)
CONSENT AGENDA
4.Consider approval of the September 06, 2023, joint Town Council and Economic
Development Corporation joint meeting minutes. (Tammy Dixon, Town Secretary)
5.Consider approval of the September 11, 2023, regular meeting minutes. (Tammy
Dixon, Town Secretary)
6.Consider approval of an ordinance approving a negotiated settlement between
the Atmos Cities Steering Committee and Atmos Energy Corp., MidTex Division
regarding the company’s 2023 Rate Review Mechanism filing. (Patrick Arata,
Interim Town Manager)
7.Consider approval of a resolution of the Town of Trophy Club establishing an Arts
and Culture Ad Hoc Committee (Tammy Dixon, Town Secretary)
8.Consider approval of the Arts and Culture Ad Hoc Committee members
appointed by Mayor Tiffany. (Mayor Tiffany)
9.Consider approval to terminate the existing Local Agreement and enter into a
new Local Agreement with the Denton County District Attorney's Office and the
Trophy Club Police Department in regards to seizures filed under Chapter 59
and Article 18.18 of the Texas Code of Criminal Procedure in Denton County,
Texas. (Patrick Arata, Interim Town Manager)
10.Consider approval of a resolution revising the Employee Benefits Trust by
modifying the trustees. (Denise Deprato, Director of Human Resources)
11.Consider approval of a resolution adopting a Compensation Policy for the Town
of Trophy Club. (Denise Deprato, Director of Human Resources)
12.Consider approval of a Developer’s Agreement between the Town of Trophy
Club and Trophy Club Estates Development, L.P. for the Willow Estates (2H);
and authorizing the Mayor or her designee to execute same on behalf of the
Town. (Matt Cox, Director of Community Development)
13.Consider approval of a Developer’s Agreement between the Town of Trophy
Club and Trophy Club Estates Development, L.P. for the Oak Estates (3H); and
authorizing the Mayor or her designee to execute same on behalf of the Town.
(Matt Cox, Director of Community Development)
14.Consider approval of a Developer’s Agreement between the Town of Trophy
Club and Trophy Club Estates Development, L.P. for the Cypress Estates (4H);
and authorizing the Mayor or her designee to execute same on behalf of the
Town. (Matt Cox, Director of Community Development)
INDIVIDUAL ITEMS
15.Public Hearing to consider approval of an ordinance relative to the Service and
Assessment Plan for Authorized Services (Emergency Services) for the Trophy
Club Public Improvement District No. 1 (The Highlands at Trophy Club), the
proposed Assessment Roll, and the levy of Special Assessments against the
property in PID No. 1. (Patrick Arata, Interim Town Manager)
16.Discuss, consider, and take action regarding an ordinance amending Section
1.08.032 entitled “Board Established, Membership, Meetings” of Chapter 1,
“General Provisions:; Article 1.08, “Parks and Recreation”; and Division 2
“Parks and Recreation Board” of the Town’s Code of Ordinances, by increasing
the number of board members to provide for alternate members, and by
establishing “Places and Terms.” (Mayor Jeannette Tiffany).
17.Future Agenda Items List (Patrick Arata, Interim Town Manager)
EXECUTIVE SESSION
18.Pursuant to the following designated section of the Texas Governmental Code,
Annotated, Chapter 551 (Texas Open Meetings Act), The Town will recess into
executive session to discuss the following:
a. Section 551.071 consultation with Town Attorney to seek legal advice
regarding legal issues related to the Lakes of Trophy Club Home Owner’s
Association.
b. Section 551.074, Personnel: To deliberate and consider the appointment,
employment, evaluation, reassignment, duties, discipline or dismissal of public
officers or employees; to wit: Town Manager; and Town Secretary.
RECONVENE INTO REGULAR SESSION
19.Consider and take appropriate action regarding Executive Session (Mayor
Jeannette Tiffany).
ADJOURN
The Town Council may convene into executive session to discuss posted items as allowed by
the Texas Open Meeting Act, LGC.551.071
CERTIFICATION
I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1
Trophy Wood Drive, Trophy Club, Texas, on September 22, 2023, by 5:00 p.m. in accordance
with Chapter 551, Texas Government Code.
__________________________________
Tammy Dixon
Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs,
please contact the Town Secretary’s Office at 6822372900, 48 hours in advance, and
reasonable accommodations will be made to assist you.
1
Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262September 25, 2023 6:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUMINVOCATION 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.National Night Out, Tuesday, October 3, 2023 (Vicki Hardy)2.Grapefest Grapestomp (Mayor Tiffany)3.Working for You . . . Trophy Cluba) Update from Town Council Membersb) Update from Town Manager (Patrick Arata, Interim Town Manager)d) Quick Civic Tip (Dean Roggia, Town Attorney)CONSENT AGENDA4.Consider approval of the September 06, 2023, joint Town Council and EconomicDevelopment Corporation joint meeting minutes. (Tammy Dixon, Town Secretary)5.Consider approval of the September 11, 2023, regular meeting minutes. (TammyDixon, Town Secretary)6.Consider approval of an ordinance approving a negotiated settlement betweenthe Atmos Cities Steering Committee and Atmos Energy Corp., MidTex Divisionregarding the company’s 2023 Rate Review Mechanism filing. (Patrick Arata,Interim Town Manager)7.Consider approval of a resolution of the Town of Trophy Club establishing an Artsand Culture Ad Hoc Committee (Tammy Dixon, Town Secretary)8.Consider approval of the Arts and Culture Ad Hoc Committee membersappointed by Mayor Tiffany. (Mayor Tiffany)9.Consider approval to terminate the existing Local Agreement and enter into anew Local Agreement with the Denton County District Attorney's Office and theTrophy Club Police Department in regards to seizures filed under Chapter 59and Article 18.18 of the Texas Code of Criminal Procedure in Denton County,Texas. (Patrick Arata, Interim Town Manager)10.Consider approval of a resolution revising the Employee Benefits Trust bymodifying the trustees. (Denise Deprato, Director of Human Resources)11.Consider approval of a resolution adopting a Compensation Policy for the Townof Trophy Club. (Denise Deprato, Director of Human Resources)12.Consider approval of a Developer’s Agreement between the Town of TrophyClub and Trophy Club Estates Development, L.P. for the Willow Estates (2H);and authorizing the Mayor or her designee to execute same on behalf of theTown. (Matt Cox, Director of Community Development)13.Consider approval of a Developer’s Agreement between the Town of Trophy
Club and Trophy Club Estates Development, L.P. for the Oak Estates (3H); and
authorizing the Mayor or her designee to execute same on behalf of the Town.
(Matt Cox, Director of Community Development)
14.Consider approval of a Developer’s Agreement between the Town of Trophy
Club and Trophy Club Estates Development, L.P. for the Cypress Estates (4H);
and authorizing the Mayor or her designee to execute same on behalf of the
Town. (Matt Cox, Director of Community Development)
INDIVIDUAL ITEMS
15.Public Hearing to consider approval of an ordinance relative to the Service and
Assessment Plan for Authorized Services (Emergency Services) for the Trophy
Club Public Improvement District No. 1 (The Highlands at Trophy Club), the
proposed Assessment Roll, and the levy of Special Assessments against the
property in PID No. 1. (Patrick Arata, Interim Town Manager)
16.Discuss, consider, and take action regarding an ordinance amending Section
1.08.032 entitled “Board Established, Membership, Meetings” of Chapter 1,
“General Provisions:; Article 1.08, “Parks and Recreation”; and Division 2
“Parks and Recreation Board” of the Town’s Code of Ordinances, by increasing
the number of board members to provide for alternate members, and by
establishing “Places and Terms.” (Mayor Jeannette Tiffany).
17.Future Agenda Items List (Patrick Arata, Interim Town Manager)
EXECUTIVE SESSION
18.Pursuant to the following designated section of the Texas Governmental Code,
Annotated, Chapter 551 (Texas Open Meetings Act), The Town will recess into
executive session to discuss the following:
a. Section 551.071 consultation with Town Attorney to seek legal advice
regarding legal issues related to the Lakes of Trophy Club Home Owner’s
Association.
b. Section 551.074, Personnel: To deliberate and consider the appointment,
employment, evaluation, reassignment, duties, discipline or dismissal of public
officers or employees; to wit: Town Manager; and Town Secretary.
RECONVENE INTO REGULAR SESSION
19.Consider and take appropriate action regarding Executive Session (Mayor
Jeannette Tiffany).
ADJOURN
The Town Council may convene into executive session to discuss posted items as allowed by
the Texas Open Meeting Act, LGC.551.071
CERTIFICATION
I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1
Trophy Wood Drive, Trophy Club, Texas, on September 22, 2023, by 5:00 p.m. in accordance
with Chapter 551, Texas Government Code.
__________________________________
Tammy Dixon
Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs,
please contact the Town Secretary’s Office at 6822372900, 48 hours in advance, and
reasonable accommodations will be made to assist you.
2
Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262September 25, 2023 6:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUMINVOCATION 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.National Night Out, Tuesday, October 3, 2023 (Vicki Hardy)2.Grapefest Grapestomp (Mayor Tiffany)3.Working for You . . . Trophy Cluba) Update from Town Council Membersb) Update from Town Manager (Patrick Arata, Interim Town Manager)d) Quick Civic Tip (Dean Roggia, Town Attorney)CONSENT AGENDA4.Consider approval of the September 06, 2023, joint Town Council and EconomicDevelopment Corporation joint meeting minutes. (Tammy Dixon, Town Secretary)5.Consider approval of the September 11, 2023, regular meeting minutes. (TammyDixon, Town Secretary)6.Consider approval of an ordinance approving a negotiated settlement betweenthe Atmos Cities Steering Committee and Atmos Energy Corp., MidTex Divisionregarding the company’s 2023 Rate Review Mechanism filing. (Patrick Arata,Interim Town Manager)7.Consider approval of a resolution of the Town of Trophy Club establishing an Artsand Culture Ad Hoc Committee (Tammy Dixon, Town Secretary)8.Consider approval of the Arts and Culture Ad Hoc Committee membersappointed by Mayor Tiffany. (Mayor Tiffany)9.Consider approval to terminate the existing Local Agreement and enter into anew Local Agreement with the Denton County District Attorney's Office and theTrophy Club Police Department in regards to seizures filed under Chapter 59and Article 18.18 of the Texas Code of Criminal Procedure in Denton County,Texas. (Patrick Arata, Interim Town Manager)10.Consider approval of a resolution revising the Employee Benefits Trust bymodifying the trustees. (Denise Deprato, Director of Human Resources)11.Consider approval of a resolution adopting a Compensation Policy for the Townof Trophy Club. (Denise Deprato, Director of Human Resources)12.Consider approval of a Developer’s Agreement between the Town of TrophyClub and Trophy Club Estates Development, L.P. for the Willow Estates (2H);and authorizing the Mayor or her designee to execute same on behalf of theTown. (Matt Cox, Director of Community Development)13.Consider approval of a Developer’s Agreement between the Town of TrophyClub and Trophy Club Estates Development, L.P. for the Oak Estates (3H); andauthorizing the Mayor or her designee to execute same on behalf of the Town.(Matt Cox, Director of Community Development)14.Consider approval of a Developer’s Agreement between the Town of TrophyClub and Trophy Club Estates Development, L.P. for the Cypress Estates (4H);and authorizing the Mayor or her designee to execute same on behalf of theTown. (Matt Cox, Director of Community Development)INDIVIDUAL ITEMS15.Public Hearing to consider approval of an ordinance relative to the Service andAssessment Plan for Authorized Services (Emergency Services) for the TrophyClub Public Improvement District No. 1 (The Highlands at Trophy Club), theproposed Assessment Roll, and the levy of Special Assessments against theproperty in PID No. 1. (Patrick Arata, Interim Town Manager)16.Discuss, consider, and take action regarding an ordinance amending Section1.08.032 entitled “Board Established, Membership, Meetings” of Chapter 1,“General Provisions:; Article 1.08, “Parks and Recreation”; and Division 2“Parks and Recreation Board” of the Town’s Code of Ordinances, by increasingthe number of board members to provide for alternate members, and byestablishing “Places and Terms.” (Mayor Jeannette Tiffany).17.Future Agenda Items List (Patrick Arata, Interim Town Manager)EXECUTIVE SESSION18.Pursuant to the following designated section of the Texas Governmental Code,Annotated, Chapter 551 (Texas Open Meetings Act), The Town will recess intoexecutive session to discuss the following:a. Section 551.071 consultation with Town Attorney to seek legal adviceregarding legal issues related to the Lakes of Trophy Club Home Owner’sAssociation.b. Section 551.074, Personnel: To deliberate and consider the appointment,employment, evaluation, reassignment, duties, discipline or dismissal of publicofficers or employees; to wit: Town Manager; and Town Secretary.RECONVENE INTO REGULAR SESSION19.Consider and take appropriate action regarding Executive Session (MayorJeannette Tiffany).
ADJOURN
The Town Council may convene into executive session to discuss posted items as allowed by
the Texas Open Meeting Act, LGC.551.071
CERTIFICATION
I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1
Trophy Wood Drive, Trophy Club, Texas, on September 22, 2023, by 5:00 p.m. in accordance
with Chapter 551, Texas Government Code.
__________________________________
Tammy Dixon
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 COUNCIL COMMUNICATION
CONSENT
MEETING DATE: September 25, 2023
FROM: Tammy Dixon, Town Secretary
AGENDA ITEM:Consider approval of the September 06, 2023, joint Town Council and
Economic Development Corporation joint meeting minutes.
BACKGROUND/SUMMARY:
The Town Council and Economic Development Corporation held a joint meeting on September
06, 2023.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ACTION/OPTIONS:
Move to approve the September 06, 2023, joint Town Council and Economic Development Corporation
joint meeting minutes.
4
Town of Trophy Club
Special Joint Meeting Minutes
Town Council and Economic Development Corporation
September 6, 2023
The Trophy Club Town Council and Economic Development Corporation met in Special
Joint Meeting on September 6, 2023, at 6:00 p.m. The meeting was held at Town Hall, 1
Trophy Wood Dr, Trophy Club, TX 76262.
CALL TO ORDER AND ANNOUNCE A QUORUM
Mayor Tiffany called the Town Council meeting to order at 6:00 p.m. with the following
members present:
Jeannette Tiffany, Mayor
Dennis Sheridan, Mayor Pro Tem
Stacey Bauer, Councilmember Place 1
Jeff Beach, Councilmember Place 2
LuAnne Oldham, Councilmember Place 5
Steve Flynn, Councilmember Place 6
with the following member(s) absent:
Karl Monger, Councilmember Place 4
Vice President Inge called the Economic Development Corporation to order at 6:00 p.m.
with the following members present:
Travis Inge, Vice President
Andrew Borgan, Director
Michael Clarke, Director
John Mann, Director
Terri Addington, Director
Joseph Longo, Director
with the following member(s) absent:
Scott Haro, President
constituting a quorum with the following members of the Town Staff participating:
Patrick Arata, Interim Town Manager
Tammy Dixon, Town Secretary
Dean Roggia, Town Attorney
Matt Cox, Director of Community Development
Tamara Smith, Assistant to the Town Manager
PUBLIC COMMENT
There were no public comments.
5
Town Council/Economic Development Corporation Joint Meeting-September 6, 2023 Page 2
EXECUTIVE SESSION/REGULAR SESSION
The Town Council and Economic Development Corporation convened into a closed
meeting at 6:01 p.m. and reconvened into regular session at 7:09 p.m. in accordance with
the Texas Government Code Chapter 551, Sections 551.072 and 551.087 to discuss
matters relating to real property and economic development negotiations.
1. Discuss negotiations regarding prospective commercial project within the Town of
Trophy Club. No Action Taken.
2. Discuss a real estate and economic development opportunity. No Action Taken.
ADJOURN
Mayor Tiffany adjourned the Town Council meeting at 7:09 p.m.
Vice President Inge adjourned the Economic Development Corp. meeting at 7:09 p.m.
____________________________
Jeannette Tiffany, Mayor
____________________________
EDC President
Attest:
_______________________________
Tammy Dixon, Town Secretary
6
TOWN COUNCIL COMMUNICATION
CONSENT
MEETING DATE: September 25, 2023
FROM: Tammy Dixon, Town Secretary
AGENDA ITEM:Consider approval of the September 11, 2023, regular meeting minutes.
BACKGROUND/SUMMARY:
The Town Council held a regular meeting on September 11, 2023.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS:
Draft Meeting Minutes – September 11 ,2023 Town Council Regular Meeting
ACTION/OPTIONS:
Move to approve the September 11, 2023, Town Council regular meeting minutes.
7
Town of Trophy Club - Regular Meeting Minutes
September 11, 2023
The Trophy Club Town Council met in a Regular Meeting on September 11, 2023, at 6:00
p.m. The meeting was held at Town Hall, 1 Trophy Wood Dr, Trophy Club, TX 76262.
CALL TO ORDER AND ANNOUNCE A QUORUM
Mayor Tiffany called the Town Council meeting to order at 6:00 p.m. with the following
members present:
Jeannette Tiffany, Mayor
Dennis Sheridan, Mayor Pro Tem
Stacey Bauer, Councilmember Place 1
Jeff Beach, Councilmember Place 2
Karl Monger, Councilmember Place 4
LuAnne Oldham, Councilmember Place 5
Steve Flynn, Councilmember Place 6
constituting a quorum with the following members of the Town Staff participating:
Patrick Arata, Interim Town Manager
Tammy Dixon, Town Secretary
Dean Roggia, Town Attorney
Jason Wise, Fire Chief
Matt Cox, Community Development Director
April Duvall, Finance Director
Denise Deprato, Human Resources Director
Jill Lind, Communications and Marketing Director
Tamara Smith, Assistant to the Town Manager
INVOCATION
Pastor Jeff Brooks, Lake Cities Church of Christ, led the invocation.
PLEDGES
Councilmember Monger led the Pledge of Allegiances to the American and
Texas Flags.
PUBLIC COMMENTS
There were no public comments.
8
Town Council Regular Meeting Minutes-September 11, 2023 Page 2
COMMUNITY SPOTLIGHT
1.National Preparedness Month – Sydney Casey, Liaison Texas Department of
Emergency Management Denton County and Mark Bowlin, Assistant Emergency
Management Coordinator, Denton County Office of Emergency Management
(Jason Wise, Fire Chief)
Mr. Bowlin and Ms. Casey provided an overview of the State and County
Emergency Services which coordinate efforts between agencies and local governments
prevent, mitigate and prepare for, respond to and recover from disasters.
2.Kathy Whitworth Championship Golf Tournament update by Cathy Wright and
Bettye Odle. (Mayor Jeannette Tiffany)
Ms. Wrigth and Ms. Odle provided the history of the Kathy Whitworth
Championship Golf Tournament which was scheduled for the first time in Trophy Club to
take place September 27 – September 30, 2023. They explained the tournament would
be bringing together talented professional golfers and amateurs, aiming for a spot on the
LPGA tour. The tournament was organized in partnership with the Trophy Club Country
Club and the Women’s All Pro Tour.
3.DEA Special Agent in Charge (SAC) of Dallas Field Division to provide
information regarding illegal fentanyl (SAC Eduardo Chávez)
SAC Chávez gave and presentation and spoke on the dangers of illegal fentanyl
use and the dangers of its national epidemic.
4. Working for You . . . Trophy Club
a) Update from Town Council Members. Not provided.
b) Update from Town Manager (Patrick Arata, Interim Town Manager)
Mr. Arata provided an update on the Taste of Trophy Club Event scheduled for
Friday, September 15, 2023; and the Byron Nelson High School Homecoming parade
scheduled for September 20, 2023.
c) Quick Civic Tip (Dean Roggia, Town Attorney). Not provided.
CONSENT AGENDA
Mayor Pro Tem Sheridan requested items #7 and #8 be pulled from consent and
to be discussed following item #11.
5. Consider and take appropriate action to approve the August 28, 2023, Town
Council Regular Meeting Minutes (Tammy Dixon, Town Secretary)
9
Town Council Regular Meeting Minutes-September 11, 2023 Page 3
6. Consider and take appropriate action to approve the August 31, 2023, Special
Meeting minutes (Tammy Dixon, Town Secretary)
7.Consider and take appropriate action approving a resolution adopting an
Employee Compensation Policy (Denise Deprato, Director of Human Resources)
Pulled from Consent
8.Consider and take appropriate action amending the Compensation Pay Plan with
an effective date of October 8, 2023. (Denise Deprato, Director of Human
Resources) Pulled from Consent
9.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 in an amount
not to exceed $18,000 (Patrick Arata)
Councilmember Flynn moved to approve consent agenda items 1-6, and 9.
Councilmember Bauer seconded the motion.
VOTE ON THE MOTION
AYES: Bauer, Flynn, Sheridan, Tiffany, Monger, Beach, Oldham
NAYES:None
VOTE:7-0
INDIVIDUAL ITEMS
10. Discuss, consider and take appropriate action approving a resolution accepting an
Annual Service and Assessment Plan Update for Authorized Services (Emergency
Services) for the Trophy Club Public Improvement District No. 1 (The Highlands at
Trophy Club), and the proposed Assessment Roll; setting a date for Public
Hearing; authorizing the publication of notice and directing the mailing of notices
as required by law (Patrick Arata, Interim Town Manager)
Mr. Arata stated the public hearing would be scheduled for September 25, 2023,
and a representative from the Public Improvement District would be present at the
hearing.
Mayor Pro Tem Sheridan moved to approve Resolution 2023-05 accepting an
Annual Service and Assessment Plan Update for Authorized Services (Emergency
Services) for the Trophy Club Public Improvement District No. 1 (The Highlands at Trophy
Club), and the proposed Assessment Roll; setting September 25, 2023, for the date of
the Public Hearing; authorizing the publication of notice and directing the mailing of
notices as required by law. Councilmember Monger seconded the motion. The caption of
the resolution reads as follows:
10
Town Council Regular Meeting Minutes-September 11, 2023 Page 4
RESOLUTION NO. 2023-05
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS
ACCEPTING AN ANNUAL SERVICE AND ASSESSMENT PLAN UPDATE FOR
AUTHORIZED SERVICES (EMERGENCY SERVICES) FOR THE TOWN OF TROPHY
CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (THE HIGHLANDS AT TROPHY
CLUB); SETTING A DATE FOR A PUBLIC HEARING; AUTHORIZING THE
PUBLICATION OF NOTICE AND DIRECTING THE MAILING OF NOTICES AS
REQUIRED BY LAW; ENACTING OTHER PROVISIONS RELATING THERETO; AND
PROVIDING AN EFFECTIVE DATE.
VOTE ON THE MOTION
AYES: Bauer, Flynn, Sheridan, Tiffany, Monger, Beach, Oldham
NAYES:None
VOTE:7-0
11.Proposed Budget for Fiscal Year October 1, 2023, to September 30, 2024 (Patrick
Arata, Interim Town Manager)
a) Conduct a Public Hearing regarding the proposed Fiscal Year 2023-2024
Budget pursuant to Section 9.05 of the Town Charter and Local
Government Code 102.006
Mayor Tiffany opened the public hearing at 7:05 p.m.
No one spoke in support or opposition.
Mayor Tiffany closed the public hearing at 7:05 p.m.
b) Consider and take appropriate action regarding an ordinance adopting a
and approving the Budget for the fiscal year beginning October 1, 2023, and
ending September 30, 2024.
April Duvall, Finance Director provided the following presentation on the proposed
Fiscal Year 2023-2024 budget:
11
Town Council Regular Meeting Minutes-September 11, 2023 Page 5
Ms. Deprato provided an overview of the major changes in Personnel as follows:
Mayor Pro Tem Sheridan had questions pertaining to the Five-Year Capital
Improvement Program (CIP) list. Mr. Arata explained the program laid out a plan for
future years.
Mayor Pro Tem Sheridan moved to approve the budget to include an amendment
to change the language on the Capital Improvement Program for FY2024-FY2028
Appendix to read “List of Possible Projects,” and subsequently withdrew his motion.
Councilmember Monger thanked staff for the prioritizing of the CIP list.
Councilmember Oldham moved to amend the language on the Capital
Improvement Appendix to clearly state that it is “Proposed.” Flynn seconded the motion.
VOTE ON THE MOTION
AYES: Bauer, Flynn, Sheridan, Beach, Oldham
NAYES:Tiffany, Monger
VOTE:5-2
12
Town Council Regular Meeting Minutes-September 11, 2023 Page 6
Councilmember Monger moved to approve Ordinance 2023-15 adopting and
approving the budget for the Fiscal Year beginning October 1, 2023, and ending
September 30, 2024. Mayor Pro Tem Sheridan seconded the motion. The caption of the
ordinance reads as follows:
ORDINANCE NO. 2023-15
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING AND
APPROVING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023
AND ENDING SEPTEMBER 30, 2024, AND MAKING APPROPRIATIONS FOR EACH
DEPARTMENT, PROJECT, OPERATION, ACTIVITY, PURCHASE, ACCOUNT AND
OTHER EXPENDITURES; PROVIDING FOR EMERGENCY EXPENDITURES AND
EXPENDITURES AS ALLOWED BY APPLICABLE LAW; PROVIDING FOR FILING OF
DOCUMENTS; REPEALING CONFLICTING ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
VOTE ON THE MOTION
AYES: Bauer, Flynn, Sheridan, Tiffany, Monger, Beach, Oldham
NAYES:None
VOTE:7-0
Items 7 and 8 were pulled from consent.
7.Consider and take appropriate action approving a resolution adopting an
Employee Compensation Policy (Denise Deprato, Director of Human Resources)
Ms. Deprato reviewed the policy and answered questions from the Town Council.
Councilmember Oldham stated she did not agree with current 22 agencies,
especially larger agencies such as Frisco and Southlake.
Ms. Deprato stated the current list had been used for the past several years and
agreed it was time to reevaluate the agencies used. She explained there were two main
factors used to establish benchmark agencies: 1) Is the agency comparable; and 2) Is the
agency the Town’s competition. She further explained that a comparable agency would
not just include population, but other factors such pay structure, tax rate, taxable income,
should be considered. She stated the competitive agencies for Trophy Club would
include Roanoke, Northlake, Justin, Keller, Southlake, Grapevine, and other surrounding
agencies that the Town could lose employees to.
A discussion ensued regarding the municipalities used for the Town’s current
benchmark agencies.
Following discussion Mr. Arata stated staff would make proposed edits to the policy
and also reevaluate the benchmark agencies for future consideration. No action was
taken.
13
Town Council Regular Meeting Minutes-September 11, 2023 Page 7
8.Consider and take appropriate action amending the Compensation Pay Plan with
an effective date of October 8, 2023. (Denise Deprato, Director of Human
Resources)
Ms. Deprato explained in January of 2023 the Town Council approved adjustments
to maintain the Compensation Pay Plan at the 50th Percentile of the Town’s benchmark
agencies. She stated the amended Compensation Pay Plan provided a 4% market
adjustment across all classifications which would assist the Town with maintaining the
50th percentile requirement set forth by Town Council.
Councilmember Monger moved to approve the Compensation Pay Plan with an
effective date of October 8, 2023. Councilmember Beach seconded the motion.
VOTE ON THE MOTION
AYES: Bauer, Flynn, Sheridan, Tiffany, Monger, Beach, Oldham
NAYES:None
VOTE:7-0
12.Future Agenda Items List (Patrick Arata, Interim Town Manager)
Mr. Arata reviewed the future agenda items list.
It was the consensus of the Town Council that the November meeting would
include a work session to discuss roundabouts.
Councilmember Flynn requested the MUD Feasibility Study be added to the
agenda for the second meeting in October. Mayor Pro Tem Sheridan supported the
request.
Mayor Tiffany requested the time for the regular meetings be changed back to
begin at 7:00 p.m.
EXECUTIVE SESSION/REGULAR SESSION
Pursuant to the Open Meetings Act, Chapter 551, the Town Council convened into a
Closed Executive Session at 7:51 p.m. and reconvened into Regular Session at 8:52 p.m.
in accordance with the Texas Government Code regarding:
Section 551.074 Personnel Matters to deliberate the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee,
to wit: Town Manager.
No Action Taken.
14
Town Council Regular Meeting Minutes-September 11, 2023 Page 8
ADJOURN
Mayor Tiffany adjourned the Town Council meeting at 8:52 p.m.
____________________________
Jeannette Tiffany, Mayor
Town Council
Attest:
_______________________________
Tammy Dixon, Town Secretary
15
TOWN COUNCIL COMMUNICATION
CONSENT
MEETING DATE: September 25, 2023
FROM: Patrick Arata, Interim Town Manager
AGENDA ITEM:Consider approval of an ordinance approving a negotiated settlement
between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-
Tex Division regarding the company’s 2023 Rate Review Mechanism filing.
BACKGROUND/SUMMARY:
The Town, along with 181 other Mid-Texas cities served by Atmos Energy Corporation, Mid-Tex
Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee
(“ACSC”). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the Company
pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly
referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation).
That settlement created a substitute rate review process, referred to as Rate Review Mechanism
(“RRM”), as a substitute for future filings under the GRIP statute.
Since 2007, there have been several modifications to the original RRM Tariff. The most recent
iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On
or about March 31, 2023, the Company filed a rate request pursuant to the RRM Tariff adopted
by ACSC members. The Company claimed that its cost-of-service in a test year ending December
31, 2022, entitled it to additional system-wide revenues of $165.9 million.
Application of the standards set forth in ACSC’s RRM Tariff reduces the Company’s request to
$156.1 million, $113.8 million of which would be applicable to ACSC members. After reviewing
the filing and conducting discovery, ACSC’s consultants concluded that the system-wide
deficiency under the RRM regime should be $130.9 million instead of the claimed $156.1 million.
After several settlement meetings, the parties have agreed to settle the case for $142 million.
This is a reduction of $23.9 million on the Company’s initial request. The Executive Committee
recommends a settlement at this amount. The Effective Date for new rates is October 1, 2023.
ACSC members should take action approving the Ordinance before the end of September.
BILL IMPACT
The impact of the settlement on average residential rates is an increase of $6.47 on a monthly
basis, or 7.31 percent. The increase for average commercial usage will be $24.72 or 5.19 percent.
A bill impact comparison is attached.
16
SUMMARY OF ACSC’S OBJECTION TO THE UTILITIES CODE SECTION 104.301 GRIP PROCESS
ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring
declining expenses and increasing revenues while rewarding the Company for increasing capital
investment on an annual basis. The GRIP process does not allow any review of the
reasonableness of capital investment and does not allow cities to participate in the Railroad
Commission’s review of annual GRIP filings or allow recovery of Cities’ rate case expenses. The
Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full
hearing) and rate increases go into effect without any material adjustments. In ACSC’s view, the
GRIP process unfairly raises customers’ rates without any regulatory oversight. In contrast, the
RRM process has allowed for a more comprehensive rate review and annual evaluation of
expenses and revenues, as well as capital investment.
RRM SAVINGS OVER GRIP
While residents outside municipal limits must pay rates governed by GRIP, there are some cities
served by Atmos Mid-Tex that chose to remain under GRIP rather than adopt RRM. Additionally,
the City of Dallas adopted a variation of RRM which is referred to as DARR. When new rates
become effective on October 1, 2023, ACSC residents will have a slight economic monthly
advantage over comparable GRIP and comparable DARR rates (see Attachment).
EXPLANATION OF “BE IT ORDAINED” PARAGRAPHS:
1. This section approves all findings in the Ordinance.
2. This section adopts the RRM rate tariffs and finds the adoption of the new rates to be
just, reasonable, and in the public interest.
3. This section makes it clear that Cities may challenge future costs associated with gas leaks.
4. This section finds that existing rates are unreasonable. Such a finding is a necessary
predicate to the establishment of new rates. The new tariffs will permit Atmos Mid-Tex
to recover an additional $142 million on a system-wide basis.
5. This section approves an exhibit that establishes a benchmark for pensions and retiree
medical benefits to be used in future rate cases or RRM filings.
6. This section requires the Company to reimburse the Town for expenses associated with
review of the RRM filing, settlement discussions, and adoption of the Ordinance
approving new rate tariffs.
7. This section repeals any resolution or ordinance that is inconsistent with the Ordinance.
8. This section finds that the meeting was conducted in compliance with the Texas Open
Meetings Act, Texas Government Code, Chapter 551.
9. This section is a savings clause, which provides that if any section is later found to be
unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining
provisions of this Ordinance. This section further directs that the remaining provisions of
the Ordinance are to be interpreted as if the offending section or clause never existed.
10. This section provides for an effective date upon passage.
11. This section directs that a copy of the signed Ordinance be sent to a representative of the
Company and legal counsel for ACSC.
17
Conclusion and Financial Considerations:
The Legislature’s GRIP process allowed gas utilities to receive annual rate increases associated
with capital investments. The RRM process has proven to result in a more efficient and less costly
(both from a consumer rate impact perspective and from a ratemaking perspective) than the
GRIP process. Given Atmos Mid-Tex’s claim that its historic cost of service should entitle it to
recover $165.9 million in additional system-wide revenues, the RRM settlement at $142million
for ACSC Cities reflects substantial savings to ACSC Cities. Settlement at $142 million is fair and
reasonable. The ACSC Executive Committee consisting of city employees of 18 ACSC members
urges all ACSC members to pass the Ordinance before September 30, 2023. New rates become
effective October 1, 2023.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: ACSC Executive Committee recommends ACSC Cities adopt the attached
ordinance. Dean Roggia, Town Attorney has reviewed the draft ordinance and has approved as
to form.
ATTACHMENTS:
Draft Ordinance
ACTION/OPTIONS:
Move to approve an ordinance approving a negotiated settlement between the Atmos Cities Steering
Committee and Atmos Energy Corp., Mid-Tex Division regarding the company’s 2023 Rate Review
Mechanism filing.
18
ORDINANCE NO. 2023-
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS
CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-
TEX DIVISION REGARDING THE COMPANY’S 2023 RATE REVIEW MECHANISM
FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING
TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE
NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE
ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE
PUBLIC INTEREST; APPROVING AN ATTACHMENT ESTABLISHING A
BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; REQUIRING
THE COMPANY TO REIMBURSE ACSC’S REASONABLE RATEMAKING
EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS
ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND
REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE
ACSC’S LEGAL COUNSEL.
WHEREAS, the Town of Trophy Club, Texas (“Town”) is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority
with an interest in the rates, charges, and services of Atmos Mid-Tex; and
WHEREAS, the Town is a member of the Atmos Cities Steering Committee (“ACSC”),
a coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined
together to facilitate the review of, and response to, natural gas issues affecting rates charged in
the Atmos Mid-Tex service area; and
WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review
Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities as a
substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the Texas
Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of
serving the Atmos Mid-Tex Division; and
WHEREAS, the current RRM tariff was adopted by the Town in a rate ordinance in
2018; and
WHEREAS, on about March 31, 2023, Atmos Mid-Tex filed its 2023 RRM rate request
with ACSC Cities based on a test year ending December 31, 2022; and
WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2023 RRM filing
through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues
identified in the Company’s RRM filing; and
19
ORDINANCE NO. 2023- PAGE 2
WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants,
recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $142
million on a system-wide basis with an Effective Date of October 1, 2023; and
WHEREAS, ACSC agrees that Atmos plant-in-service is reasonable; and
WHEREAS, with the exception of approved plant-in-service, ACSC is not foreclosed
from future reasonableness evaluation of costs associated with incidents related to gas leaks; and
WHEREAS, the attached tariffs (Attachment 1) implementing new rates are consistent
with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and
are just, reasonable, and in the public interest; and
WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree
medical benefits (Attachment 2); and
WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable
expenses associated with RRM applications; and
WHEREAS, the RRM Tariff includes a securitization interest regulatory asset amount of
$19.5 million for expenses related to Winter Storm Uri;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the recitals above and findings set forth in this Ordinance are hereby in all
things approved.
Section 2. That, without prejudice to future litigation of any issue identified by ACSC,
the Town Council finds that the settled amount of an increase in revenues of $142 million on a
system-wide basis represents a comprehensive settlement of gas utility rate issues affecting the
rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from
Atmos Mid-Tex’s 2023 RRM filing, is in the public interest, and is consistent with the Town’s
authority under Section 103.001 of the Texas Utilities Code.
Section 3. That despite finding Atmos Mid-Tex’s plant-in-service to be reasonable, ACSC
is not foreclosed in future cases from evaluating the reasonableness of costs associated with
incidents involving leaks of natural gas.
Section 4. That the existing rates for natural gas service provided by Atmos Mid-Tex are
unreasonable. The new tariffs attached hereto and incorporated herein as Attachment 1, are just
and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $142
million on a system-wide basis, over the amount allowed under currently approved rates. Such
tariffs are hereby adopted.
20
ORDINANCE NO. 2023- PAGE 3
Section 5. That the ratemaking treatment for pensions and retiree medical benefits in
Atmos Mid-Tex’s next RRM filing shall be as set forth on Attachment 2, attached hereto and
incorporated herein.
Section 6. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of
ACSC in processing the Company’s 2023 RRM filing.
Section 7. That to the extent any resolution or ordinance previously adopted by the Council
is inconsistent with this Ordinance, it is hereby repealed.
Section 8. That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 9. That if any one or more sections or clauses of this Ordinance is adjudged to be
unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining
provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted
as if the offending section or clause never existed.
Section 10. That consistent with the Town Ordinance that established the RRM process,
this Ordinance shall become effective from and after its passage with rates authorized by attached
tariffs to be effective for bills rendered on or after October 1, 2023.
Section 11. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris
Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy
Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato,
General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue,
Suite 1900, Austin, Texas 78701.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS, BY A VOTE OF ____ TO ____, ON THIS THE 25TH DAY
OF SEPTEMBER 2023.
Jeannette Tiffany, Mayor
ATTEST:
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
______________________________
Dean Roggia, Town Attorney
21
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: R – RESIDENTIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2023
Application
Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured
through one meter.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $ 22.25 per month Rider CEE Surcharge $ 0.05 per month 1
Total Customer Charge $ 22.30 per month Commodity Charge – All Ccf $0.48567 per Ccf 2
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
1Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2023.
2The commodity charge includes the base rate amount of $0.46724 per Ccf and Securitization Regulatory Asset amounts related to
financing costs in the amount of $0.01843 per Ccf until recovered.
Attachment 1
22
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: C – COMMERCIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2023
Application
Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured
through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished. Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $ 72.00 per month Rider CEE Surcharge ($ 0.02) per month 1
Total Customer Charge $ 71.98 per month Commodity Charge – All Ccf $ 0.18280 per Ccf 2
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
Presumption of Plant Protection Level
For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal,
regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer
believes it needs to be modeled at an alternative plant protection volume, it should contact the company
at mdtx.plantprotection@atmosenergy.com.
1 Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2023.
2The commodity charge includes the base rate amount of $0.16437 per Ccf and Securitization Regulatory Asset amounts related to
financing costs in the amount of $0.01843 per Ccf until recovered.
Attachment 1
23
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: I – INDUSTRIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2023
Application
Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 200 MMBtu per day
for all natural gas provided at one Point of Delivery and measured through one meter. Service for
Industrial Customers with an MDU equal to or greater than 200 MMBtu per day will be provided at
Company's sole option and will require special contract arrangements between Company and Customer.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the
amounts due under the riders listed below:
Charge Amount Customer Charge per Meter $ 1,382.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.7484 per MMBtu 1 Next 3,500 MMBtu $ 0.5963 per MMBtu1 All MMBtu over 5,000 MMBtu $ 0.2693 per MMBtu1
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled “Daily Price Survey.”
Replacement Index
In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table
entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees
1 The tiered commodity charges include the base rate amounts of $0.5684, $0.4163, and $0.0893 per MMBtu,
respectively, plus Securitization Regulatory Asset amounts related to financing costs in the amount of $0.1800 per
MMBtu until recovered.
Attachment 1
24
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: I – INDUSTRIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2023
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
Special Conditions
In order to receive service under Rate I, Customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
Presumption of Plant Protection Level
For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal,
regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer
believes it needs to be modeled at an alternative plant protection volume, it should contact the company
at mdtx.plantprotection@atmosenergy.com.
Attachment 1
25
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: T – TRANSPORTATION
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2023
Application
Applicable, in the event that Company has entered into a Transportation Agreement, to a customer
directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the
transportation of all natural gas supplied by Customer or Customer’s agent at one Point of Delivery for
use in Customer's facility.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts
and quantities due under the riders listed below:
Charge Amount Customer Charge per Meter $ 1,382.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.5684 per MMBtu Next 3,500 MMBtu $ 0.4163 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0893 per MMBtu
Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in
accordance with Part (b) of Rider GCR.
Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Imbalance Fees
All fees charged to Customer under this Rate Schedule will be charged based on the quantities
determined under the applicable Transportation Agreement and quantities will not be aggregated for any
Customer with multiple Transportation Agreements for the purposes of such fees.
Monthly Imbalance Fees
Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu
between the highest and lowest “midpoint” price for the Katy point listed in Platts Gas Daily in the table
entitled “Daily Price Survey” during such month, for the MMBtu of Customer’s monthly Cumulative
Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds
10% of Customer’s receipt quantities for the month.
Attachment 1
26
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: T – TRANSPORTATION
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2023
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled “Daily Price Survey.”
Replacement Index
In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table
entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
A transportation agreement is required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
Special Conditions
In order to receive service under Rate T, customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
Attachment 1
27
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2023
Provisions for Adjustment
The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized
by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall
be adjusted by an amount hereinafter described, which amount is referred to as the "Weather
Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature
sensitive residential and commercial bills based on meters read during the revenue months of November
through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls.
Computation of Weather Normalization Adjustment
The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent
per Ccf by the following formula:
(HSFi x (NDD-ADD) )
WNAFi = Ri
(BLi + (HSFi x ADD) )
Where
i = any particular Rate Schedule or billing classification within any such
particular Rate Schedule that contains more than one billing classification
WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or
classification expressed in cents per Ccf
Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or
classification.
HSFi = heat sensitive factor for the ith schedule or classification divided by the
average bill count in that class
NDD = billing cycle normal heating degree days calculated as the simple ten-year
average of actual heating degree days.
ADD = billing cycle actual heating degree days.
Bli = base load sales for the ith schedule or classification divided by the average
bill count in that class
The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as:
WNA i = WNAF i x q ij
Where q ij is the relevant sales quantity for the jth customer in ith rate schedule.
Attachment 1
28
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2023
Base Use/Heat Use Factors
Residential Commercial
Base use Heat use Base use Heat use
Weather Station Ccf Ccf/HDD Ccf Ccf/HDD
Abilene 9.51 0.1415 88.91 0.7010
Austin 8.87 0.1213 213.30 0.7986
Dallas 12.54 0.2007 185.00 0.9984
Waco 8.81 0.1325 125.26 0.7313
Wichita
Falls
10.36
0.1379 122.10 0.6083
Weather Normalization Adjustment (WNA) Report
On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in
Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated
its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the
company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of
Texas' Gas Services Division, addressed to the Director of that Division.
Attachment 1
29
Line
No.Description
Pension
Account Plan
Post-
Employment
Benefit Plan
Pension
Account Plan
Post-
Employment
Benefit Plan
Supplemental
Executive Benefit
Plan
Adjustment
Total
(a)(b)(c)(d)(e)(f)(g)
1 Proposed Benefits Benchmark -
Fiscal Year 2023 Willis Towers Watson Report as adjusted (1) (2) (3)1,434,339$ (518,336)$ 2,336,419$ (2,678,818)$ 267,917$
2 Allocation Factor 44.92%44.92%78.74%78.74%100.00%
3 Proposed Benefits Benchmark Costs Allocated to Mid-Tex (Ln 1 x Ln 2)644,336$ (232,848)$ 1,839,667$ (2,109,267)$ 267,917$
4 O&M and Capital Allocation Factor 100.00%100.00%100.00%100.00%100.00%
5 Proposed Benefits Benchmark Costs to Approve (Ln 3 x Ln 4)644,336$ (232,848)$ 1,839,667$ (2,109,267)$ 267,917$ 409,804$
6
7 O&M Expense Factor (WP_F-2.3, Ln 2)78.60%78.60%39.63%39.63%11.00%
8
9 Summary of Costs to Approve (1):
10 Total Pension Account Plan 506,464$ 729,006$ 1,235,469$
11 Total Post-Employment Benefit Plan (183,024)$ (835,840)$ (1,018,864)
12 Total Supplemental Executive Benefit Plan 29,471$ 29,471
13 Total (Ln 10 + Ln 11 + Ln 12)506,464$ (183,024)$ 729,006$ (835,840)$ 29,471$ 246,076$
ATMOS ENERGY CORP., MID-TEX DIVISION
MID-TEX RATE REVIEW MECHANISM
PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL
TEST YEAR ENDING DECEMBER 31, 2022
Shared Services Mid-Tex Direct
Attachment 2
30
Line
No.Current Proposed Amount Percent
(b)(c)(d)(e)
1 Rate R @ 43.6 Ccf
2 Customer charge 21.55$
3 Consumption charge 43.6 CCF X 0.36223$ =15.79
4 Rider GCR Part A 43.6 CCF X 0.63625$ =27.74
5 Rider GCR Part B 43.6 CCF X 0.41732$ =18.20
6 Subtotal 83.28$
7 Rider FF & Rider TAX 83.28$ X 0.06237 =5.19
8 Total 88.47$
9
10 Customer charge 22.25$
11 Consumption charge 43.6 CCF X 0.48567$ =21.18
12 Rider GCR Part A 43.6 CCF X 0.63625$ =27.74
13 Rider GCR Part B 43.6 CCF X 0.41732$ =18.20
14 Subtotal 89.37$
15 Rider FF & Rider TAX 89.37$ X 0.06237 =5.57
16 Total 94.94$ 6.47$ 7.31%
17
(a)
ATMOS ENERGY CORP., MID-TEX DIVISION
MID-TEX RATE REVIEW MECHANISM
AVERAGE BILL COMPARISON - BASE RATES
TEST YEAR ENDING DECEMBER 31, 2022
Change
Description
31
Line
No.Current Proposed Amount Percent
(b)(c)(d)(e)(a)
ATMOS ENERGY CORP., MID-TEX DIVISION
MID-TEX RATE REVIEW MECHANISM
AVERAGE BILL COMPARISON - BASE RATES
TEST YEAR ENDING DECEMBER 31, 2022
Change
Description
18 Rate C @ 356.6 Ccf
19 Customer charge 63.50$
20 Consumption charge 356.6 CCF X 0.14137$ =50.41
21 Rider GCR Part A 356.6 CCF X 0.63625$ =226.86
22 Rider GCR Part B 356.6 CCF X 0.30202$ =107.69
23 Subtotal 448.46$
24 Rider FF & Rider TAX 448.46$ X 0.06237 =27.97
25 Total 476.43$
26
27 Customer charge 72.00$
28 Consumption charge 356.6 CCF X 0.18280$ =65.18
29 Rider GCR Part A 356.6 CCF X 0.63625$ =226.86
30 Rider GCR Part B 356.6 CCF X 0.30202$ =107.69
31 Subtotal 471.73$
32 Rider FF & Rider TAX 471.73$ X 0.06237 =29.42
33 Total 501.15$ 24.72$ 5.19%
34
32
Line
No.Current Proposed Amount Percent
(b)(c)(d)(e)(a)
ATMOS ENERGY CORP., MID-TEX DIVISION
MID-TEX RATE REVIEW MECHANISM
AVERAGE BILL COMPARISON - BASE RATES
TEST YEAR ENDING DECEMBER 31, 2022
Change
Description
35 Rate I @ 1720 MMBTU
36 Customer charge 1,204.50$
37 Consumption charge 1,500 MMBTU X 0.4939$ =740.85
38 Consumption charge 220 MMBTU X 0.3617$ =79.64
39 Consumption charge 0 MMBTU X 0.0776$ =-
40 Rider GCR Part A 1,720 MMBTU X 6.2134$ =10,688.12
41 Rider GCR Part B 1,720 MMBTU X 0.6267$ =1,078.08
42 Subtotal 13,791.19$
43 Rider FF & Rider TAX 13,791.19$ X 0.06237 =860.17
44 Total 14,651.36$
45
46 Customer charge 1,382.00$
47 Consumption charge 1,500 MMBTU X 0.7484$ =1,122.62
48 Consumption charge 220 MMBTU X 0.5963$ =131.30
49 Consumption charge 0 MMBTU X 0.2693$ =-
50 Rider GCR Part A 1,720 MMBTU X 6.2134$ =10,688.12
51 Rider GCR Part B 1,720 MMBTU X 0.6267$ =1,078.08
52 Subtotal 14,402.12$
53 Rider FF & Rider TAX 14,402.12$ X 0.06237 =898.28
54 Total 15,300.40$ 649.04$ 4.43%
55
33
Line
No.Current Proposed Amount Percent
(b)(c)(d)(e)(a)
ATMOS ENERGY CORP., MID-TEX DIVISION
MID-TEX RATE REVIEW MECHANISM
AVERAGE BILL COMPARISON - BASE RATES
TEST YEAR ENDING DECEMBER 31, 2022
Change
Description
56 Rate T @ 4720 MMBTU
57 Customer charge 1,204.50$
58 Consumption charge 1,500 MMBTU X 0.4939$ =740.85
59 Consumption charge 3,220 MMBTU X 0.3617$ =1,164.50
60 Consumption charge 0 MMBTU X 0.0776$ =-
61 Rider GCR Part B 4,720 MMBTU X 0.6267$ =2,957.85
62 Subtotal 6,067.70$
63 Rider FF & Rider TAX 6,067.70$ X 0.06237 =378.45
64 Total 6,446.15$
65
66 Customer charge 1,382.00$
67 Consumption charge 1,500 MMBTU X 0.5684$ =852.60
68 Consumption charge 3,220 MMBTU X 0.4163$ =1,340.29
69 Consumption charge 0 MMBTU X 0.0893$ =-
70 Rider GCR Part B 4,720 MMBTU X 0.6267$ =2,957.85
71 Subtotal 6,532.74$
72 Rider FF & Rider TAX 6,532.74$ X 0.06237 =407.45
73 Total 6,940.19$ 494.04$ 7.66%
34
TOWN COUNCIL COMMUNICATION
CONSENT
MEETING DATE: September 25, 2023
FROM: Tammy Dixon, Town Secretary
AGENDA ITEM:Consider approval of a resolution of the Town of Trophy Club establishing an
Arts and Culture Ad Hoc Committee.
BACKGROUND/SUMMARY:
On August 14, 2023, the Town Council approved the formation of an Arts and Culture Ad Hoc
Committee. This item is to formalize the Ad Hoc Committee by a resolution which establishes
the Ad Hoc Committee, defines the duties, membership, and terms.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the draft resolution as to form and
legality.
ATTACHMENTS:
Draft Resolution
ACTION/OPTIONS:
Move to approve a resolution of the Town of Trophy Club establishing an Arts and Culture Ad Hoc
Committee.
35
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2023-xx
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB ESTABLISHING AN ARTS AND CULTURE AD HOC COMMITTEE;
DEFINING THE DUTIES, MEMBERSHIP AND TERMS OF THE COMMITTEE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (the “Town”) is a home rule city 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 has determined there is great interest in the
community regarding public art and art related programs; and
WHEREAS, the Town Council seeks to create the Arts and Culture Ad Hoc
Committee to be composed of citizens to recommend the creation of an arts and culture
commission to align all public art and culture initiatives in the Town and to establish arts-
related programs throughout the year.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
SECTION 1
There is hereby established the Town of Trophy Club Arts and Culture Ad Hoc
Committee (the “Committee”).
Structure and Organization
a) The Committee shall consist of nine members appointed by the Mayor and
approved by the Town Council.
b) All Committee members serve at the pleasure of the Town Council and may be
removed or replaced at the discretion of the Town Council.
c) Members shall be resident citizens and qualified voters of the Town, at the time of
appointment.
d) Other qualifications for membership shall include persons who are generally
interested in public art and culture.
36
Resolution 2023-XX Page 2
Procedures
a) At the first scheduled meeting of the Committee, the first item of business shall be
the selection of the Committee’s chairperson and vice-chairperson from among the
membership of the Committee.
b) The chair shall preside over the meetings. In the absence of the chair, the vice-
chair shall assume the duties of the chair.
c) In the absence of both the chair and vice-chair, any member of the Committee may
be selected as acting chairperson for a particular meeting by a majority vote of the
members present.
d) The Committee shall establish its own rules of procedures.
e) The Committee shall meet at least quarterly for one (1) year after the Effective
Date of this Resolution at a Town facility.
f) The Chair shall present recommendations to the Town Council with an initial
update after six (6) months and a final report after the completion of the one (1)
year.
g) Upon the final report to the Town Council, the Committee will be dissolved.
Duties and Responsibilities
a) The Committee shall act in an advisory capacity to the Town Council.
b) The Committee shall prepare and submit a final report and recommendations to
the Town Council regarding the creation of an Arts and Culture Commission to
align all public art and culture initiatives in the Town, including, but not limited to
goals, an action plan, scope and priorities.
SECTION 2
The Town, through the Town Manager, shall provide such clerical and staffing
support to the Committee as the Town Manager deems reasonable and necessary to
allow the Committee to perform its purposes.
SECTION 3
Should the Committee recommend the creation of the Arts and Culture
Commission, the Committee members may be appointed to the Arts and Culture
Commission by the Town Council.
SECTION 4
The Committee shall not be subject to the Open Meetings Act.
SECTION 5
This resolution shall become effective on and after its date of adoption.
37
Resolution 2023-XX Page 3
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ON THIS THE 25th DAY OF SEPTEMBER, 2023.
Jeannette Tiffany, Mayor
ATTEST:
Tammy Dixon, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Dean Roggia, Town Attorney
38
TOWN COUNCIL COMMUNICATION
CONSENT
MEETING DATE: September 25, 2023
FROM: Tammy Dixon, Town Secretary
AGENDA ITEM: Consider approval of the Arts and Culture Ad Hoc Committee members
appointed by Mayor Tiffany.
BACKGROUND/SUMMARY:
The resolution establishing the Arts and Cultural Ad Hoc Committee provides for nine members
appointed by the Mayor subject to Town Council approval.
Mayor Tiffany’s appointments are as follows:
1. Jean Ashenfelter
2. Sue Drake
3. Melissa Eason
4. Candace Dillard
5. Janet Greedy
6. Ron Eddins
7. Carol Tombari
8. Beth Ann Sands
9. Wanda Brewster
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS: N/A
ACTION/OPTIONS:
Move to approve the Arts and Culture Ad Hoc Committee members as appointed by Mayor
Tiffany.
39
TOWN COUNCIL COMMUNICATION
CONSENT
MEETING DATE: September 25, 2023
FROM: Patrick Arata, Interim Town Administrator
AGENDA ITEM: Consider approval to terminate the existing Local Agreement and enter
into a new Local Agreement with the Denton County District Attorney's
Office and the Trophy Club Police Department in regard to seizures filed
under Chapter 59 and Article 18.18 of the Texas Code of Criminal
Procedure in Denton County, Texas.
BACKGROUND/SUMMARY:
The Local Agreement regarding asset seizure and forfeiture cases under Article 59 of the Texas
Code of Criminal Procedure will provide the Denton County Criminal District Attorney's Office
with 20% of all money seized and forfeited for the services provided to the Trophy Club Police
Department associated with the forfeiture of contraband.
The new agreement will allow the Trophy Club Police Department to receive 80% of all currency
seized and forfeited and 100% of all proceeds from the sale of personal property seized and
forfeited, and if a motor vehicle is seized the Town will pay the District Attorney's Office $300.00
as in previous agreements.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: Dean Roggia, Town Attorney, has reviewed the agreement and as to form and
legality.
ATTACHMENTS:
Local Agreement
ACTION/OPTIONS:
Move to terminate the existing Local Agreement and enter into a new Local Agreement with the
Denton County District Attorney's Office and the Trophy Club Police Department in regard to
seizures filed under Chapter 59 and Article 18.18 of the Texas Code of Criminal Procedure in
Denton County, Texas
40
41
42
43
44
45
46
TOWN COUNCIL COMMUNICATION
CONSENT
MEETING DATE: September 25, 2023
FROM: Denise Deprato, Director of Human Resources
AGENDA ITEM:Consider approval of a resolution revising the Employee Benefits
Trust by modifying the trustees.
BACKGROUND/SUMMARY:
On August 28, 2023, Town Council approved the Employee Benefits Trust, authorizing the
Trustees to purchase various forms of insurance for the benefit of the Town Officers, employees,
qualified retirees, and their dependents. The Trustees designated were the Town Manager,
Human Resources Manager, and Administrative Services Director. The Town no longer has the
classifications of Human Resources Manager and Administrative Services Director and has the
need to redesignate the Trustees of the Employee Benefits Trust to the Town Manager, Human
Resources Director, and Finance Director. In addition, the Declaration of Trust, Section VII. Trust
Funds requires clarification on how the Trust will be funded.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT:
There are no additional costs associated with implementing this policy.
LEGAL REVIEW:
Approved as to form and legality by the Town Attorney.
ATTACHMENTS:
- DRAFT RESOLUTION 2023-XX
- RESOLUTION 2018-13
ACTION/OPTIONS:
Move to approve a resolution revising the Employee Benefits Trust by modifying the trustees.
47
TOWN OF TROPHY CLUB
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, REVISING THE EMPLOYEE BENEFITS
TRUST; MODIFYING THE TRUSTEES OF SAID TRUST TO THE TOWN
MANAGER, FINANCE DIRECTOR, AND HUMAN RESOURCES
DIRECTOR
WHEREAS, on August 28, 2018, Town Council approved the Employee Benefits
Trust; and
WHEREAS, in the original Declaration of Trust dated September 4, 2018, the Town
Council designated the Town Manager, Human Resources Manager, and Administrative
Services Director as the Trustees of Said Trust, and
WHEREAS, the titles of the Human Resources Manager and Administrative
Services Director have been modified to Human Resources Director and Finance Director;
and
WHEREAS, the Town of Trophy Club, Texas (the "Town") provides or offers various
employee benefits to its employees, including health, dental, life insurance and disability
benefits; and
WHEREAS, state law imposes a tax upon receipt of gross premiums and revenues
associated with such benefits; and
WHEREAS, state law also authorizes the exemption of such premiums and
revenues from state law, provided that the Town establishes and maintains the funds
under the ownership and control of a single, nonprofit trust; and
WHEREAS, the Town Council of the Town finds it to be in the public interest and in
the exercise of its essential governmental functions to authorize the creation of an
Employee Benefits Trust for the reasons provided above.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. The Town Council hereby modifies the Employee Benefits Trust, by designating
the Town Manager, Human Resources Director, and Finance Director to be Trustees of said
Trust, all of which is pursuant to the Amended and Restated Declaration of Trust attached to
this Resolution as Exhibit "A."
48
RESOLUTION 2023- PAGE 2
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas on this 25th day of September 2023.
Jeannette Tiffany, Mayor
ATTEST:
Tammy Dixon, Town Secretary
APPROVED TO AS FORM:
Dean Roggia, Town Attorney
49
RESOLUTION 2023-
EXHIBIT A
Employee Benefit Trust Revised September 25, 2023
Declaration of Trust Page 1 of 8
AMENDED AND RESTATED
DECLARATION OF TRUST
I. CREATION OF TRUST
The Town of Trophy Club ("Town"), as Settlor or creator of the trust, designates
the Town of Trophy Club Town Manager, Finance Director, and Human Resources
Director to be Trustees and declares that the Town holds in trust the funds
previously described in Schedule A, which was attached to the Declaration of Trust
as originally approved by the Town and made effective on September 4, 2018,
which is the property of the Town, and all substitutions and additions to such funds,
for the purpose of providing or offering, whether now or possibly in the future, life,
disability, sick, accident, and other health benefits to the Town's officers,
employees, and qualified retirees and their dependents.
II. PURPOSE
This is a nonprofit trust created for the purpose of providing or offering, whether
now or possibly in the future, City officers, employees, and qualified retirees and
their dependents with life, disability, sickness, accident, and other health benefits
either directly or through the purchase of insurance and to perform operations in
furtherance thereof. The Trust is intended to qualify as a tax-exempt trust
performing an essential governmental function within the meaning of Section 115
of the Internal Revenue Code (the "Code").
III. DURATION
The Trust shall continue until terminated by operation of law or by majority vote of
the Trustees.
IV. TRUSTEES: COMPOSITION, OFFICERS, COMPENSATION, AND MEETINGS
A.Composition. The Trustees are the Town Manager, Finance Director, and
Human Resources Director. Each Trustee's term is contemporaneous with his
or her term of employment with the Town. Whenever a Trustee ceases to be
an employee of the Town, the person succeeding him or her in office will
automatically be appointed to serve as a successor Trustee of the Trust.
B.Officers. The Trustees shall elect officers annually.
C.Compensation. The Trustees shall be reimbursed for all reasonable and
necessary expenses incurred by them in the performance of their duties and
will otherwise receive no compensation for their service as Trustees.
D.Meetings. A meeting of the Trustees may be called by the Chairman or on
50
RESOLUTION 2023-
EXHIBIT A
Employee Benefit Trust Revised September 25, 2023
Declaration of Trust Page 2 of 8
written request to the Chairman by two or more Trustees. Trustees shall have
at least three days’ written notice of any meeting. For purposes of this section,
electronic mail notice is written notice.
V. RIGHTS, POWERS, AND DUTIES OF TRUSTEES; QUORUM AND VOTING
A. Rights, Powers, and Duties. In addition to all other powers and duties conferred
on them by this Trust document and imposed or authorized by law, the Trustees
shall have the following powers and duties, but only to the extent permissible
for a single purpose non-profit trust under Section 222.002(c)(5) of the Texas
Insurance Code:
1. The Trustees shall carry out all of the duties necessary for the proper
operation and administration of the Trust on behalf of the covered persons
and shall have all the powers necessary and desirable for the effective
administration of the affairs of the Trust.
2. The Trustees have the general power to make and enter into all contracts,
leases, and agreements necessary or convenient to carry out any of the
powers granted by this Trust document or by law or to effectuate the
purpose of the Trust. All such contracts, leases, and agreements or any
other legal documents herein authorized shall be approved by the Trustees
by majority vote at a duly called meeting at which a quorum is present and
signed by the Chairman on behalf of the Trust. The Trustees may also
designate another Trustee to sign such documents.
3. The Trustees shall use the Trust's funds to accomplish the purpose of the
Trust, as described in Section II herein, and to operate and administer the
Trust solely in the interest of the covered City officers, employees, and
qualified retirees and dependents thereof and for the exclusive purpose of
providing or offering benefits to such persons and defraying the reasonable
expenses of administration of the Trust. To this end, the Trustees may
purchase life, disability, or accident and health insurance to provide or offer
coverage for participating Town officers, employees, and qualified retirees
and their dependents. The Trustees may also adopt a health benefit plan
that covers Town officers, employees, and qualified retirees, and their
dependents.
4. The Trustees may accept contributions to the Trust funds from any source
including contributions from covered persons receiving benefits from the
Trust.
5. The Trustees shall be authorized to contract with any qualified organization
to perform any of the functions necessary for providing or offering life,
disability, sick, accident, and other health benefits, including but not limited
to excess loss insurance, stop loss insurance, claims administration,
51
RESOLUTION 2023-
EXHIBIT A
Employee Benefit Trust Revised September 25, 2023
Declaration of Trust Page 3 of 8
administrative services, and any other services that the Trustees shall deem
expedient for the proper operation of the Trust. When required by law or
desired by the Trustees, the Trustees shall seek sealed competitive bids or
sealed competitive proposals with respect to contracts required to carry out
the operations of the Trust and to affect the purpose of the Trust.
6. The Trustees shall arrange for the investing of the funds of the Trust so as
to keep the same invested according to law and at the best interest rates
obtainable for the benefit of the covered persons. The Trustees may hire
money managers and shall adopt an investment policy for its own use and
that of its agents in making investments. The Trustees shall select a
depository for the Trust's funds and provide for the proper security of any
and all investments. The Trustees shall designate signatories for the Trust's
depository accounts.
7. The Trustees may purchase insurance for the Trustees and any other
fiduciaries appointed by the Trustees and for the Trust itself to cover liability
or losses occurring by reason of the act or omission of any one or more of
the Trustees or any other fiduciary appointed by them. Any insurance
purchased by the Trustees must give the insurer recourse against the
Trustees or other fiduciaries concerned for breach of any fiduciary obligation
or fiduciary duty owed to the Trust.
8. The Trustees shall arrange for proper accounting and reporting procedures
for the Trust's funds and shall also provide for an annual audit of the Trust's
financial affairs by a certified public accountant.
9. The Trustees may retain legal counsel to represent the Trust and the
Trustees in all legal proceedings as well as to advise the Trust and the
Trustees on all matters pertaining to the operation and administration of the
Trust.
10.The Trustees have the authority to terminate the Trust at any time.
11.Upon termination of the Trust, the Trustees shall provide for the payment of
Trust obligations, debts, losses, and other liabilities and shall provide for the
disposition of the remaining Trust funds in accordance with Section IX
herein.
B.Quorum and Voting. A majority of the Trustees shall constitute a quorum for
the transaction of business at any meeting of the Trustees and the vote of a
majority of the Trustees present shall be required for approval of any action at
such meeting. The vote of such majority of the Trustees at such meeting shall
constitute action of the Trustees as a group.
52
RESOLUTION 2023-
EXHIBIT A
Employee Benefit Trust Revised September 25, 2023
Declaration of Trust Page 4 of 8
VI. BENEFICIARIES
The beneficiaries of the Trust are the Town officers, employees, and qualified
retirees and their dependents who are covered by life, disability, sick, accident, or
other health benefits plan purchased or adopted by the Trust (also call "covered
persons" herein). Beneficiaries may make contributions to the Trust for use by the
Trustees in fulfilling the purposes of the Trust. No beneficiary shall have any claim
against the funds or any other property of the Trust. The rights and interest of the
beneficiaries are limited to the insurance or health benefits specified in any policy
purchased or plan adopted by the Trustees.
VII. TRUST FUNDS
A. The Town of Trophy Club shall transfer to the Trust, by the end of each month
preceding the enrollment period, the Employer and Employee contributions for all
medical, dental, vision, life insurance, long-term disability benefits and any other
health benefit plans adopted by the Trust.
B. The Trust funds consist of the funds described in Section VII.A. above hereto as
provided by the Settlor to institute this Trust, future contributions by the Settlor,
beneficiary contributions, investment income, and any other money or property
which shall come into the hands of the Trustees in connection with the
administration of the Trust. The funds of the Trust shall not inure to the benefit of,
or be distributed to, any private person, except for the payment of necessary costs
and benefits described below. The Trustees may use the Trust's funds as follows:
1. to pay premiums on group health, accident and life policies or contracts;
2. to make authorized investments and paying fund management fees from
the proceeds of the investment.
VIII. LIABILITY OF TRUSTEES AND OFFICERS
The Trustees shall use ordinary care and reasonable diligence in the exercise of
their powers and the performance of their duties hereunder; and they shall not be
liable for any mistake of judgment or other action made, taken or omitted by them
in good faith, nor for any action taken or omitted by any agent, employee or
independent contractor selected with reasonable care; nor for any loss incurred
through investment of the Trust funds or failure to invest. No Trustee shall be liable
for any action taken or omitted by any other Trustee. No Trustee shall be required
to give a bond or other security to guarantee the faithful performance of his or her
duties herein. To the fullest extent permitted by the law:
A. the Town shall indemnify each Trustee who was, is, or is threatened to be
made a party to any threatened, pending, or completed action, suit, or
53
RESOLUTION 2023-
EXHIBIT A
Employee Benefit Trust Revised September 25, 2023
Declaration of Trust Page 5 of 8
proceeding ("Proceeding"), any appeal therein, or any inquiry or
investigation preliminary thereto, by reason of the fact that the Trustee is or
was a Trustee;
B. the Town shall pay or reimburse a Trustee for expenses incurred
1. in advance of the final disposition of a Proceeding to which such Trustee
was, is or is threatened to be made a party, and
2. in connection with such Trustee's appearance as a witness or other
participation in any Proceeding.
IX. AMENDMENT, REVOCATION AND TERMINATION
The Declaration of Trust and the Trust created herein shall terminate when and if
required by operation of law. The Trustees shall have the power to amend, modify,
terminate or revoke, in whole or in part, the Declaration of Trust and the Trust
created herein by majority vote at a duly called meeting at which a quorum is
present. Notwithstanding the foregoing, the Trustees shall have no power to
amend Section II of this Declaration of Trust. Beneficiaries of the Trust shall have
no right to amend this Declaration of Trust, and their approval shall not be a
condition or requirement for an authorized amendment by the Trustees. Upon
termination of the Trust, the Trustees shall pay all obligations, debts, losses, and
other liabilities of the Trust. Thereafter, the Trustees shall first use the remaining
trust funds to pay covered claims of persons covered under the Town's health
benefits plan that may be in effect at the time of termination of the Trust and then,
either apply any remaining balance of the funds to provide the benefits described
herein or transfer such funds to a successor whose income is excluded under
Section 115(1) of the Code. Notwithstanding the foregoing, the Trustees, upon
termination of the Trust and payment of all Trust obligations may, by vote of a
majority of the Trustees, transfer the remaining funds or any portion thereof to the
trustees of any trust or trusts established by the Town for a substantially similar
purpose to be applied for uses substantially similar to those set forth in Section II
herein.
X. GOVERNING LAW
This Declaration of Trust and the Trust created herein shall be construed and
governed by the laws of the State of Texas in force from time to time, without
regard for conflicts of laws principles. Venue shall lie exclusively in Denton County,
Texas.
XI. MISCELLANEOUS
Whenever the context so admits and such treatment is necessary to interpret this
Declaration of Trust in accordance with its apparent intent, the use herein of the
54
RESOLUTION 2023-
EXHIBIT A
Employee Benefit Trust Revised September 25, 2023
Declaration of Trust Page 6 of 8
singular shall include the plural, and vice versa, and the use of the feminine,
masculine, or neuter gender shall be deemed to include other genders.
The captions or headings above the various Sections of the Declaration of Trust
have been included only to facilitate the location of the subjects covered by each
Section but shall not be used in construing this Declaration of Trust.
If any clause or provision of this Declaration of Trust proves to be or is adjudged
invalid or void for any reason, such invalid or void clause, provision, or portion shall
not affect the whole, but the balance of the provisions hereof shall remain operative
and shall be carried into effect insofar as is legally possible.
IN WITNESS HEREOF, the undersigned parties have executed this Declaration of Trust,
on the dates of their respective acknowledgements below. By joining in the execution of
this Declaration of Trust, signify acceptance of the Trust created hereunder, and covenant
that the Trust will be executed with all due fidelity. This Trust is effective as of the last
date of signature below.
____________________________________________ _____________________
Mayor Date
____________________________________________ _____________________
Patrick Arata, Town Manager, Trustee Date
____________________________________________ _____________________
April Duvall, Finance Director, Trustee Date
____________________________________________ _____________________
Denise Deprato, Human Resources Director, Trustee Date
55
RESOLUTION 2023-
EXHIBIT A
Employee Benefit Trust Revised September 25, 2023
Declaration of Trust Page 7 of 8
ACKNOWLEDGMENTS
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on this ______ day of ______________, 2023 by Jeannette
Tiffany, Mayor, Town of Trophy Club on behalf of the Town.
___________________________________
Notary Public In and For the State of Texas
(SEAL)
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on this ______ day of ______________, 2023 by Patrick
Arata, Town Manager, Town of Trophy Club on behalf of the Town.
___________________________________
Notary Public In and For the State of Texas
(SEAL)
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on this ______ day of ______________, 2023 by April
Duvall, Finance Director, Town of Trophy Club on behalf of the Town.
___________________________________
Notary Public In and For the State of Texas
(SEAL)
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on this ______ day of ______________, 2023 by Denise
Deprato, Human Resources Director, Town of Trophy Club on behalf of the Town.
56
RESOLUTION 2023-
EXHIBIT A
Employee Benefit Trust Revised September 25, 2023
Declaration of Trust Page 8 of 8
___________________________________
Notary Public In and For the State of Texas
(SEAL)
57
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2018-13
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AUTHORIZING CREATION OF AN
EMPLOYEE BENEFITS TRUST; DESIGNATING THAT THE TOWN
MANAGER,HUMAN RESOURCES MANAGER,AND
ADMINISTRATIVE SERVICES DIRECTOR BE TRUSTEES OF SAID
TRUST; AND AUTHORIZING THE TRUST TO PURCHASE VARIOUS
FORMS OF INSURANCE FOR THE BENEFIT OF CITY OFFICERS,
EMPLOYEES, QUALIFIED RETIREES, AND THEIR DEPENDENTS.
WHEREAS, the Town of Trophy Club, Texas (the "Town") provides or offers various
employee benefits to its employees, including health, dental, life insurance and disability
benefits; and
WHEREAS, state law imposes a tax upon receipt of gross premiums and revenues
associated with such benefits; and
WHEREAS, state law also authorizes the exemption of such premiums and
revenues from state law, provided that the Town establishes and maintains the funds
under the ownership and control of a single, nonprofit trust; and
WHEREAS, the Town Council of the Town finds it to be in the public interest to
authorize the creation of an Employee Benefits Trust for the reasons provided above.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. The Town Council hereby authorizes creation of an Employee
Benefits Trust, designating the Town Manager, Human Resources Manager, and
Administrative Services Director to be Trustees of said Trust, and authorizing the Trust to
purchase various forms of insurance for the benefit of Town officers, employees, qualified
retirees, and their dependents, all of which is pursuant to the Declaration of Trust attached
as Exhibit "A."
58
PASSED, APPROVED and RESOLVED by the Town Council of the Town of
Trophy Club, Texas, on this 28th day of August 2018.
C. Nick Sanders, Mayor - -)
71/-"
L-
Town of Trophy Club, Texas
SEAL]
ATTEST:
Mi O A
4itti,\) ,,,,,,,hik, IL.
o y Fir b es, Town Secretary cc
Town of Trophy Club, Texas 1- t
h*1
I'W 1 1C3,/
AP- '0 :D TOASFeRM:
jLie,'' ''
J. David Dodd Ill, own Attorney
To ,,n of Trophy Club, Texas
RES 2018-13 Page 2 of 2
59
EXHIBIT "A"
DECLARATION OF TRUST
I.
CREATION OF TRUST
The Town of Trophy Club("Town"), as Settlor or creator of the trust, designates the
Town of Trophy Club Town Manager, Human Resources Manager, and Administrative Services
Director to be Trustees and declares that the Town holds in trust the funds described in Schedule
A attached hereto and incorporated herein by reference, which is the property of the Town, and
all substitutions and additions to such funds, for the purpose of providing or offering, whether
now or possibly in the future, life, disability, sick, accident, and other health benefits to the
Town's officers, employees, and qualified retirees and their dependents.
II.
PURPOSE
This is a nonprofit trust created for the purpose of providing or offering, whether now or
possibly in the future, City officers, employees, and qualified retirees and their dependents with
life, disability, sickness, accident, and other health benefits either directly or through the
purchase of insurance and to perform operations in furtherance thereof. The Trust is intended to
qualify as a tax-exempt trust performing an essential governmental function within the meaning
of Section 115 of the Internal Revenue Code (the "code").
III.
DURATION
The Trust shall continue until terminated by operation of law or by majority vote of the
Trustees.
IV.
TRUSTEES: COMPOSITION,OFFICERS, COMPENSATION,AND MEETINGS
A.Composition. The Trustees are the Town Manager, Town Human Resources
Manager, and Town Administrative Services Director. Each Trustee's term is contemporaneous
with his or her term of employment with the Town. Whenever a Trustee ceases to be an
employee of the Town,the person succeeding him or her in office will automatically be
appointed to serve as a successor Trustee of the Trust.
B. Officers. The Trustees shall elect officers annually.
60
C. Compensation. The Trustees shall be reimbursed for all reasonable and necessary
expenses incurred by them in the performance of their duties and will otherwise
receive no compensation for their service as Trustees.
D. Meetings. A meeting of the Trustees may be called by the Chairman or on written
request to the Chairman by two or more Trustees. Trustees shall have at least three
days written notice of any meeting. For purposes of this section, electronic mail notice
is written notice.
V.
RIGHTS,POWERS,AND DUTIES OF TRUSTEES; QUORUM AND VOTING
A. Rights, Powers, and Duties. In addition to all other powers and duties conferred
on them by this Trust document and imposed or authorized by law,the Trustees shall have the
following powers and duties, but only to the extent permissible for a single purpose non-profit
trust under Section 222.002(c)(5) of the Texas Insurance Code:
1. The Trustees shall carry out all of the duties necessary for the proper operation
and administration of the Trust on behalf of the covered persons and shall have all the powers
necessary and desirable for the effective administration of the affairs of the Trust.
2. The Trustees have the general power to make and enter into all contracts, leases,
and agreements necessary or convenient to carry out any of the powers granted by this Trust
document or by law or to effectuate the purpose of the Trust. All such contracts, leases, and
agreements or any other legal documents herein authorized shall be approved by the Trustees by
majority vote at a duly called meeting at which a quorum is present and signed by the Chairman
on behalf of the Trust. The Trustees may also designate another Trustee to sign such documents.
3. The Trustees shall use the Trust's funds to accomplish the purpose of the Trust, as
described in Section II herein, and to operate and administer the Trust solely in the interest of the
covered City officers, employees, and qualified retirees and dependents thereof and for the
exclusive purpose of providing or offering benefits to such persons and defraying the reasonable
expenses of administration of the Trust. To this end,the Trustees may purchase life, disability,
or accident and health insurance to provide or offer coverage for participating Town officers,
employees, and qualified retirees and their dependents. The Trustees may also adopt a health
benefit plan that covers Town officers, employees, and qualified retirees, and their dependents.
4. The Trustees may accept contributions to the Trust funds from any source
including contributions from covered persons receiving benefits from the Trust.
5. The Trustees shall be authorized to contract with any qualified organization to
perform any of the functions necessary for providing or offering life, disability, sick, accident,
and other health benefits, including but not limited to excess loss insurance, stop loss insurance,
61
claims administration, administrative services, and any other services that the Trustees shall
deem expedient for the proper operation of the Trust. When required by law or desired by the
Trustees, the Trustees shall seek sealed competitive bids or sealed competitive proposals with
respect to contracts required to carry out the operations of the Trust and to affect the purpose of
the Trust.
6. The Trustees shall arrange for the investing of the funds of the Trust so as to keep
the same invested according to law and at the best interest rates obtainable for the benefit of the
covered persons. The Trustees may hire money managers and shall adopt an investment policy
for its own use and that of its agents in making investments. The Trustees shall select a
depository for the Trust's funds and provide for the proper security of any and all investments.
The Trustees shall designate signatories for the Trust's depository accounts.
7. The Trustees may purchase insurance for the Trustees and any other fiduciaries
appointed by the Trustees and for the Trust itself to cover liability or losses occurring by reason
of the act or omission of any one or more of the Trustees or any other fiduciary appointed by
them. Any insurance purchased by the Trustees must give the insurer recourse against the
Trustees or other fiduciaries concerned for breach of any fiduciary obligation or fiduciary duty
owed to the Trust.
8. The Trustees shall arrange for proper accounting and reporting procedures for the
Trust's funds and shall also provide for an annual audit of the Trust's financial affairs by a
certified public accountant.
9. The Trustees may retain legal counsel to represent the Trust and the Trustees in
all legal proceedings as well as to advise the Trust and the Trustees on all matters pertaining to
the operation and administration of the Trust.
10.The Trustees have the authority to terminate the Trust at any time.
11.Upon termination of the Trust, the Trustees shall provide for the payment of Trust
obligations, debts, losses, and other liabilities and shall provide for the disposition of the
remaining Trust funds in accordance with Section IX herein.
B. Quorum and Voting. A majority of the Trustees shall constitute a quorum for the
transaction of business at any meeting of the Trustees and the vote of a majority of the Trustees
present shall be required for approval of any action at such meeting. The vote of such majority
of the Trustees at such meeting shall constitute action of the Trustees as a group.
62
VI.
BENEFICIARIES
The beneficiaries of the Trust are the Town officers, employees, and qualified retirees and
their dependents who are covered by life, disability, sick, accident, or other health benefits plan
purchased or adopted by the Trust(also call "covered persons" herein). Beneficiaries may make
contributions to the Trust for use by the Trustees in fulfilling the purposes of the Trust. No
beneficiary shall have any claim against the funds or any other property of the Trust. The rights
and interest of the beneficiaries are limited to the insurance or health benefits specified in any
policy purchased or plan adopted by the Trustees.
VII.
TRUST FUNDS
The Trust funds consist of the funds described in Schedule A hereto as provided by the
Settlor to institute this Trust, future contributions by the Settlor, beneficiary contributions,
investment income, and any other money or property which shall come into the hands of the
Trustees in connection with the administration of the Trust. The funds of the Trust shall not
inure to the benefit of, or be distributed to, any private person, except for the payment of
necessary costs and benefits described below. The Trustees may use the Trust's funds as
follows:
1. to pay premiums on group health, accident and life policies or contracts;
2. to make authorized investments and paying fund management fees from the proceeds
of the investment.
VII.
LIABILITY OF TRUSTEES AND OFFICERS
The Trustees shall use ordinary care and reasonable diligence in the exercise of their
powers and the performance of their duties hereunder; and they shall not be liable for any
mistake of judgment or other action made, taken or omitted by them in good faith, nor for any
action taken or omitted by any agent, employee or independent contractor selected with
reasonable care; nor for any loss incurred through investment of the Trust funds or failure to
invest. No Trustee shall be liable for any action taken or omitted by any other Trustee. No
Trustee shall be required to give a bond or other security to guarantee the faithful performance of
his or her duties herein. To the fullest extent permitted by the law: (a)the Town shall indemnify
each Trustee who was, is, or is threatened to be made a party to any threatened,pending, or
completed action, suit, or proceeding("Proceeding"), any appeal therein, or any inquiry or
investigation preliminary thereto, by reason of the fact that the Trustee is or was a Trustee; (b)
the Town shall pay or reimburse a Trustee for expenses incurred (i) in advance of the final
disposition of a Proceeding to which such Trustee was, is or is threatened to be made a party, and
63
ii) in connection with such Trustee's appearance as a witness or other participation in any
Proceeding.
IX.
AMENDMENT,REVOCATION AND TERMINATION
The Declaration of Trust and the Trust created herein shall terminate when and if required
by operation of law. The Trustees shall have the power to amend, modify, terminate or revoke,
in whole or in part,the Declaration of Trust and the Trust created herein by majority vote at a
duly called meeting at which a quorum is present. Notwithstanding the foregoing, the Trustees
shall have no power to amend Section II of this Declaration of Trust. Beneficiaries of the Trust
shall have no right to amend this Declaration of Trust, and their approval shall not be a condition
or requirement for an authorized amendment by the Trustees. Upon termination of the Trust,the
Trustees shall pay all obligations, debts, losses, and other liabilities of the Trust. Thereafter,the
Trustees shall first use the remaining trust funds to pay covered claims of persons covered under
the Town's health benefits plan that may be in effect at the time of termination of the Trust and
then, either apply any remaining balance of the funds to provide the benefits described herein or
transfer such funds to a successor whose income is excluded under Section 115(1)of the Code.
Notwithstanding the foregoing,the Trustees, upon termination of the Trust and payment of all
Trust obligations may, by vote of a majority of the Trustees, transfer the remaining funds or any
portion thereof to the trustees of any trust or trusts established by the Town for a substantially
similar purpose to be applied for uses substantially similar to those set forth in Section II herein.
X.
GOVERNING LAW
This Declaration of Trust and the Trust created herein shall be construed and governed by
the laws of the State of Texas in force from time to time.
XI.
MISCELLANEOUS
Whenever the context so admits and such treatment is necessary to interpret this
Declaration of Trust in accordance with its apparent intent,the use herein of the singular shall
include the plural, and vice versa, and the use of the feminine, masculine, or neuter gender shall
be deemed to include other genders.
The captions or headings above the various Sections of the Declaration of Trust have been
included only to facilitate the location of the subjects covered by each Section but shall not be
used in construing this Declaration of Trust.
If any clause or provision of this Declaration of Trust proves to be or is adjudged invalid or
void for any reason, such invalid or void clause, provision, or portion shall not affect the whole,
64
but the balance of the provisions hereof shall remain operative and shall be carried into effect
insofar as is legally possible.
REMAINDER OF PAGE INTENTIONALLY BLANK,• SIGNATURE PAGE FOLLOWS.]
65
IN WITNESS HEREOF, the undersigned parties have executed this Declaration of Trust,
consisting of ten(10)pages and Schedule A attached hereto, on the dates of their respective
acknowledgements below. By joining in the execution of this Declaration of Trust,the Trustees
acknowledge receipt of the property described in Schedule A, signify acceptance of the Trust
created hereunder, and covenant that the Trust will be executed with all due fidelity. This Trust
is effective as of the last date of signature below.
5-' 1e--/-'
1-f A r
MayorY Dae
L IYIn _ 13 o ! OI
Thomas M. Class, Sr., Trustee Date
a% a 3/ "1
Ja s Edwards, Trustee Date
r 7.
2;----
s -,z, 1 , (2,
Jonat .n Philli is, Trustee Date
66
ACKNOWLEDGMENTS
THE STATE OF TEXAS §
COUNTY OF'Tiirrw11 §
This instrument was acknowledged before me on this day of1Qe,(
2018, by C.Nick Sanders, Mayor, Town of Trophy Club on behalf of the Town.
o:34 HOLLY FIMBRES
i i* Notary Public
1 STATE OF TEXAS Notary P lic In and For the State of Texas
My Om 7116/7014
SEAL)
THE STATE OF TEXAS §
COUNTY OF Thr w* §
This instrument was acknowledged before me on this 3() day ofU`3'
f
2018, by Thomas M. Class Sr., Town Manager, Town of Trophy Club on behalf of e Town.
11,, HOLLY FIMBRES
i ;
4.- '* Notary Public
v. , STATE OF TEXAS Notary Publ. n and For the State of Texas
og• My Comm,ill 6/7019
SEAL)
THE STATE OF TEXAS §
COUNTY OF Tc rrco-
This instrument was acknowledged before me on this 3+-k day of 5U 5+
2018, by James Edwards, Human Resources Manager, Town of Trophy Club on behalf of the
Town.
o;:=
y-:e HOLLY FIMBRESt.`!X40* .
y * Notary i'uWlc
4STATE OF TEXAS_
nay comm.ms zot9Notary
PualISAJ4U:
ritriti.
c In and For the State of Texas
SEAL)
67
THE STATE OF TEXAS §
COUNTY OF TG.rr-ctxi- §
This instrument was acknowledged before me on this 3o+ day of Ub
2018, by Jonathan Phillips,Administrative Services Director, Town of Trophy Clubion behalf of
the Town.
vek HOLLY FIMBRES
at/ 'I"
Nota Public
STATE OFPublic Notary Ppb c In and For the State of Texas
av
y
My Comm:7/1 2p19
SEAL))
68
SCHEDULE A
The following is a list of the assets initially transferred by the Town of Trophy Club,
Texas, to the Trust:
Town of Trophy Club's first month (October 2018) contributions for Employee and
Dependents, Medical/Pharmacy Benefits, Dental Benefits, Life Insurance Benefits, and Long-
Term Disability Benefits.
Town of Trophy Club's Employee and Dependents first month (October 2018)of Plan
Year's payroll deductions or contributions for Medical/Pharmacy Benefits, Dental Benefits, Life
Insurance Benefits, and Long-Term Disability Insurance Beneftis.
69
TOWN COUNCIL COMMUNICATION
CONSENT
MEETING DATE: September 25, 2023
FROM: Denise Deprato, Director of Human Resources
AGENDA ITEM: Consider approval of a resolution adopting a Compensation Policy for
the Town of Trophy Club
BACKGROUND/SUMMARY:
During the January 21, 2023, Council Meeting, Council requested a policy outlining Council’s direction and
philosophy on the Town’s Compensation Plan. Council identified the need for a policy to stabilize and
structure the Town’s Compensation plan to provide competitive salary to attract highly qualified new
talent and to retain a skilled workforce. Council’s commitment to maintain the Compensation Pay Plan at
the 50th percentile of the Town’s benchmark agencies, and provide annual merit increases to reward
employees meeting performance standards is accomplished through this policy. In addition, the policy
requires an annual Town Council review of the Compensation Pay Plan in an effort to maintain the
Council’s directives and commitment to employees.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS:
Draft Resolution
Town Compensation Policy
ACTION/OPTIONS:
Move to approve a resolution adopting an Employee Compensation Policy
70
TOWN OF TROPHY CLUB
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS
ADOPTING A COMPENSATION POLICY FOR THE TOWN OF TROPHY CLUB, A COPY
OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “A”;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 21, 2023, Town Council requested a Compensation Policy be
put forth for their consideration and approval; and
WHEREAS, the Town Council is committed to providing fair compensation for work
performed by Town employees; and
WHEREAS, the Town Council is dedicated to maintaining the Town’s Compensation
Pay Plan at the 50th percentile of the Town’s benchmark agencies, and
WHEREAS, Town Council recognizes the hard work and dedication of Town
employees and is committed to providing annual merit increases to employees meeting
performance standards.
WHEREAS, upon consideration, the Town Council finds and determines it to be in the
best interests of the Town to adopt Exhibit “A” as the Town’s Compensation Policy.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB;
Section 1. That the Town Council has reviewed the Compensation Policy and hereby
adopts the said policy set forth in Exhibit “A,” a copy of which is attached hereto and
incorporated herein in its entirety.
Section 2. That this Resolution shall take effect immediately upon its passage and
approval.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
on this 25th day of September 2023.
APPROVED
Jeannette Tiffany, Mayor
ATTEST:
Tammy Dixon, Town Secretary
APPROVED TO AS FORM:
Dean Roggia, Town Attorney 71
DRAFT Version 3.0 Page 1 of 3
As of 9/20/2023
Compensation Policy
Town Council Policy
Policy Number TC-001
Date of Adoption:September 25, 2023
Resolution Number:
Policy Contact:Director of Human Resources
1. PURPOSE
The Compensation Policy is established to set forth Town Council’s direction and philosophy on the
Town’s Compensation Pay Plan for all employment Classifications. The Town’s compensation
philosophy is to recognize and reward employee performance and maintain a competitive pay structure
to retain and attract a highly qualified workforce.
2. POLICY
2.1. Compensation Pay Plan
2.1.1. Town Council shall approve a Compensation Pay Plan annually, no later than the first
meeting each September after budget approval to establish the base salary Pay Range of
all Town Classifications.
2.1.2. The Town Manager and/or their designee shall conduct an annual review to ensure the
Town is remaining competitive and paying fair market value for the duties in which staff
are performing. The annual review and recommendation to Town Council may include
the following data:
•A compensation study of the Town’s Benchmark Agencies
•Federal Cost of Living Adjustment
•Metroplex municipalities annual pay adjustments
•Dallas/Fort Worth Living Wage
2.1.3. The Town shall conduct a Compensation Study of the Town’s Benchmark Agencies and
set the minimum pay range for each classification at the 50th Percentile, at least every
three years.
72
DRAFT Version 3.0 Page 2 of 3
As of 9/20/2023
2.1.4. The Town Manager and/or designee may request to the Town Council adjustments to the
Compensation Pay Plan throughout the year, for example to include necessary new
classifications and reclassification, as needed.
2.1.5. Town Officer Authority
2.1.5.1. The Town Manager, Town Secretary, and the Town Attorney have the
authority to set their staff salaries within the Pay Range and budget set forth
by Town Council.
2.2. Performance Merit Increases
During the annual budget process, Town Council shall consider performance merit increases for
full-time staff meeting performance standards.
2.3 The Town Council Finance sub-committee may provide Town Council regular updates during
the annual budget process.
3. DEFINITIONS
Benchmark Agencies
Local municipalities that are comparable to or competitors of the Town, used to compare salary
data for similar classifications.
Classification
A specific job outline, including, but is not limited to, classification title, Fair Labor Standards
Act (FLSA) Status, reporting and supervisory structure, job summary, duties and responsibilities,
qualifications, and work environment.
Compensation Pay Plan
A defined base salary Pay Range for all Town Classifications used to set guidelines to
compensate fair market value for a body of worked performed.
Pay Range
A span between a minimum and maximum base salary for a specific Classification.
73
DRAFT Version 3.0 Page 3 of 3
As of 9/20/2023
ATTACHMENT A
Benchmark Agencies
1. The Town establishes Benchmark Agencies consisting of comparable and competitive local
municipalities to compare compensation data to ensure the Town is paying fair market value for the
services rendered and duties performed by all classifications within the Town.
2. The Benchmark Agencies shall be reviewed as needed to ensure the local municipalities designated
remain a comparable or competitive agency.
3. The Town’s 16 Benchmark Agencies are as follows:
Comparable
Azle
Forest Hill
Highland Village
Glenn Heights
Melissa
Mineral Wells
Red Oak
Royse City
Competitors
Coppell
Flower Mound
Grapevine
Justin
Keller
Northlake
Roanoke
Southlake
74
TOWN COUNCIL COMMUNICATION
CONSENT
MEETING DATE: September 25, 2023
FROM: Matt Cox, Director of Community Development
AGENDA ITEM: Consider approval of a Developer’s Agreement between the Town of
Trophy Club and Trophy Club Estates Development, L.P. for the Willow
Estates (2H); and authorizing the Mayor or her designee to execute same
on behalf of the Town.
BACKGROUND/SUMMARY:
On May 17, 2023 Council approved the Final Plat for the Willow Estates at Trophy Club (formerly
gas well site 2H) consisting of nine (9) residential lots and one (1) common/open space lot with a
public cul-de-sac street serving each lot, containing approximately 4.208 acres of land. The
Developer’s Agreement was not presented and approved with the Final Plat due to staff, council
and legal review, consultations, and revisions. As a result, this Developer’s Agreement is now
ready for consideration and approval so Trophy Club Estates Development, LP. may begin
construction of infrastructure at Willow Estates (2H).
As per subdivision Ordinance 10.02.201 requirements, a Developer’s Agreement shall be signed
by the Mayor after engineering plans and cost estimates have been approved. Trophy Club
Estates Development, L.P. is responsible for the public improvements principally listed in the
Chapter 10, Article 10.02, Division 4.
1) Water Distribution System
2) Sanitary Sewer System
3) Drainage and Storm Sewer
4) Street Construction
A homeowner’s association (HOA) will be created with the filing of the Final Plat that will own
and maintain any common areas/lots. Additionally, the satisfaction of Parkland Dedication shall
be paid prior to construction beginning and the issuance of building permits.
Article 10.03 Parkland Dedication and Open Space
Section 10.03.009. Dedication or payment required prior to beginning development.
It shall be unlawful for any person who is required to convey land, or pay money in lieu of land,
as required by this article, to begin, or allow any other person or contractor to begin, any
construction or improvements on any land within the development to which this article applies,
until the required conveyance of land or payment of money in lieu of land is made to the town
in accordance with this article.
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Section 10.03.010 Dedication or payment required prior to issuance of building permits or
provision of utility service.
No building permits shall be issued for, and no permanent utility services shall be provided to any
land within any development to which this article applies until the required conveyance of land
or payment of money in lieu of land is made to the town in accordance with this article.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the draft agreement as to form and
legality.
ATTACHMENTS:
Developer’s Agreement
ACTION/OPTIONS:
Move to approve Developer’s Agreement between the Town of Trophy Club and Trophy Club
Estates Development, L.P. for the Willow Estates (2H); and authorize the Mayor or her designee
to execute same on behalf of the Town.
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THE WILLOW ESTATES DEVELOPMENT CONTRACT
FOR
PUBLIC IMPROVEMENTS
WHEREAS, TROPHY CLUB ESTATES DEVELOPMENT, LP (the “Developer”), whose
business address is 13101 Preston Rd., Suite 510, Dallas, TX 75240, is the developer of real property
located in the limits of the Town of Trophy Club, being described as THE WILLOW ESTATES
SUBDIVISION (the “Development”), an unrecorded subdivision to the Town of Trophy Club, Texas
being further identified on Exhibit A attached hereto; and
WHEREAS, Developer wishes to enter into this Development Contract for Public
Improvements (the “Agreement”) with the Town of Trophy Club, a Texas home-rule municipality (the
“Town”) to provide for the construction of certain public improvements (the “Public Improvements”),
as described in Exhibit B attached hereto and made a part hereof by reference, which, among other
things, are necessitated by and will serve the Development; and
WHEREAS, this agreement is entered into pursuant to Chapter 212 of the Texas Local
Government Code, and Town Code of Ordinances Chapter 10 - Subdivision Regulation, and the Public
Improvements are necessary to serve the Development and are roughly proportional to the benefits
received and burdens imposed by the Development; and
WHEREAS, this agreement is required to ensure that the Public Improvements are constructed
in accordance with the Town’s standard specifications for public works projects, applicable ordinances
and design criteria manuals (“Standard Specifications”), and the plans and specifications prepared by
Developer’s engineer, BGE (“Developer’s Engineer”) dated May 2023, which were approved by the
Town and are on file in the office of: Teague, Nall & Perkins, Tom Rutledge, Town Engineer, 100
Macon Street, Fort Worth, Texas 76102 (“Town Engineer”), which may be amended with the written
approval of the Town Engineer or their designee (the “Project Specifications”), such Standard
Specifications and Project Specifications being incorporated hereby by reference and herein called
collectively the “Plans and Specifications”; and
WHEREAS, the Developer understands and agrees that it is responsible for and has retained
at its sole expense, the Developer’s Engineer to design the Public Improvements in accordance with the
Plans and Specifications, taking into consideration the specific site conditions, including differing site
conditions, that may impact the Public Improvements; and
WHEREAS, the Developer shall provide for the construction of the Public Improvements by
and through the Developer’s contractor North Texas Contracting Inc, (the “Contractor”) whose address
is 4999 Keller Haslet Rd, Keller, TX 76248, a construction contractor experienced in the construction
of improvements similar to the Public Improvements. The Contractor shall meet Town and statutory
requirements for being insured, licensed, and bonded to perform work in public rights-of-way, and to
be qualified in all respects to bid on public streets and public projects of a similar nature. The Developer
agrees to submit contract documents to the Town and to participate in pre-construction meetings with
the Town and all Contractors; and
WHEREAS, Developer and Contractor recognize that the Town has an interest in ensuring
that the Public Improvements, which will, upon completion and acceptance by the Town, become public
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property, are properly constructed in accordance with the Plans and Specifications and that full payment
by Developer is provided therefore;
NOW, THEREFORE, the Developer, Contractor, and the Town (the “Parties”) for and in
consideration of the recitals above and their mutual promises and covenants contained herein agree as
follows:
1. Covenants of Developer and Contractor:
a. Construction: Developer and Contractor shall construct the Public
Improvements in accordance with the Plans and Specifications and complete
the Public Improvements on or before eighteen (18) months from the final
date of execution of this Agreement. Developer shall be responsible for all
monies due to the Contractor for construction of the Public Improvements. In
no event shall the Town be responsible for payment of any of the expenses or
costs to construct the Public Improvements. The Town Engineer in its
discretion may require the Developer to provide security for payments to the
Contractor, which may be in the form of a cash deposit with the Town, an
unconditional and irrevocable letter of credit, a dedicated construction
account with a lending institution approved by the Town Engineer, or other
security that the Town Engineer in their discretion deems adequate to ensure
that the Developer does not default in its payment obligations to the
Contractor.
b. Authority of Town Engineer, Inspections, Tests and Orders, Developer and
Contractor Warranty. All work on the Public Improvements shall be
performed in a good and workmanlike manner and to the satisfaction of the
Town Engineer or its representative. The Town Engineer shall decide all
questions, which arise as to the quality and acceptability of materials
furnished, work performed, and the interpretation of the Plans and
Specifications and may reject any work not performed in accordance with the
Plans and Specifications. The Contractor, its surety on the performance bond
required herein, and the Developer, warrant, that the Public Improvements
will be free from defects in materials and workmanship and that they will pay
to remedy same for a period of two years after the completion of the Public
Improvements and final acceptance by the Town. This warranty shall not
constitute a limitation on the duty to remedy latent defects in construction that
were not known at the time of final acceptance or within said two-year
warranty period. The Developer and Contractor shall furnish the Town
Engineer or their representative with every reasonable facility for ascertaining
whether or not the work performed was in accordance with the Plans and
Specifications applicable thereto. Any work done, or materials used without
suitable inspection by the Town may be ordered removed and replaced at
Contractor’s expense. The Town Engineer or its designee shall perform
periodic inspections of the work and shall perform a final inspection prior to
final acceptance by the Town and an inspection thirty (30) days prior to the
expiration of two years from the date of final completion, inspection, and
acceptance of the work by the Town. Upon failure of the Contractor to allow
for inspection, to test materials furnished, to satisfactorily repair, remove or
replace, if so directed, rejected, unauthorized or condemned work or
materials, or to follow any other request or order of the Town Engineer or its
representative, the Town Engineer shall notify the Developer of such failure
and may suspend inspections of such work until such failure is remedied. If
such failure is not remedied to the satisfaction of the Town Engineer, the
Town shall have no obligation under this agreement to approve or accept the
Public Improvements and the Town may withhold, suspend or revoke any
permits or other approvals for the Development until such matter is remedied
to the satisfaction of the Town Engineer.
78
c. Insurance. Contractor shall provide insurance in form and substance in
accordance with the Town’s standard insurance requirements for public works
projects, which are on file in the Town and/or in the Office of the Town
Engineer and which are incorporated herein by reference.
d. Means and Methods of Construction. The means and methods of construction
shall be such as Contractor may choose; subject, however, to the Town’s right
to reject the Public Improvements for which the means or method of
constructions does not, in the judgment of the Town Engineer, assure that the
Public Improvements are constructed in accordance with Plans and
Specifications.
e. Books and Records. All of the Developer’s and the Contractor’s books and
other records related to the construction of the Public Improvements shall be
available for inspection by the Town.
f. Performance, Payment, and Maintenance Bonds. Prior to the execution of this
agreement, the commencement of construction, or the issuance of any
building permits, Developer or Contractor shall present to the Town
performance bond(s), payment bond(s), and maintenance bond(s) that meet
the requirements of Chapter 2253 of the Texas Government Code. Each bond
shall be in the full amount of the costs to construct the Public Improvements,
as estimated by the Developer’s engineer and approved by the Town Engineer,
in favor of the Town ensuring completion of the Public Improvements in
accordance with the Plans and Specifications and warranting against defects
in materials and workmanship for a period of two years from the date of final
acceptance by the Town. The Contractor shall provide a written estimate of
the costs to construct the Public Improvements. The estimated Public
Improvement construction costs shall be included in Exhibit B. The
performance bond(s), payment bond(s), and maintenance bond(s) shall be
executed by a corporate surety authorized to do business in Texas in
accordance with Chapter 2253 of the Texas Government Code, shall be on the
Town’s standard form or such other form approved by the Town, and shall
contain a local resident agent for service of process. The Developer or
Contractor may be a co-obligee on the performance bond with regard to the
Contract’s obligations.
g. Payment Bonds. The Developer or Contractor shall execute a payment bond
in the full amount of the costs to construct the Public Improvements in favor
of the Town insuring against claims from suppliers and subcontractors. The
payment bond shall be executed by a corporate surety authorized to do
business in Texas in accordance with Chapter 2253 of the Texas Government
Code, shall be on the Town’s standard form or such other form approved by
the Town, and shall contain a local resident agent for service of process. The
Developer or Contractor may be a co-obligee on the payment bond.
h. Retainage – Final Payments. As security for the faithful completion of the
Public Improvements, Contractor and Developer agree that the Developer
shall, retain ten (10) percent of the total dollar amount of the contract price
until after final approval or acceptance of the Public Improvements by the
Town. The Developer shall thereafter pay the Contractor the retainage, only
after Contractor has furnished to the Developer satisfactory evidence
including an affidavit that all indebtedness has been paid, that all indebtedness
connected with the work and all sums of money due for labor, materials,
apparatus, fixtures, or machinery furnished for all and used in the performance
79
of the work have been paid or otherwise satisfied. In addition, Contractor
shall provide Developer with a consent to final payment from the payment
bond surety.
i. Encumbrances. Upon final completion, inspection, and acceptance of the
Public Improvements by the Town, the Public Improvements shall become
the property of the Town free and clear of all liens, claims, charges, or
encumbrances of any kind. If, after acceptance of the Public Improvements,
any claim, lien, charge or encumbrance is made, or found to exist, against the
Public Improvements, or land dedicated to the Town, to which they are
affixed, the Developer and Contractor shall upon notice by the Town promptly
cause such claim, lien, charge or encumbrance to be satisfied and released or
promptly post a bond with the Town in the amount of such claim, liens, charge
or encumbrance, in favor of the Town, to ensure payment of such claim, lien,
charge or encumbrance.
j. INDEMNIFICATION. THE DEVELOPER AND CONTRACTOR
SHALL AND HEREBY DO INDEMNIFY, DEFEND AND HOLD
HARMLESS, THE TOWN, ITS OFFICERS, AGENTS AND
EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS
OF ANY CHARACTER, NAME AND DESCRIPTION
BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR
DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON,
PERSONS OR PROPERTY ON ACCOUNT OF THE
OPERATIONS OF THE CONTRACTOR, THEIR AGENTS,
EMPLOYEES OR SUBCONTRACTORS; OR ON ACCOUNT
OF ANY NEGLIGENT ACT OR FAULT OF THE
CONTRACTOR, THEIR AGENTS, EMPLOYEES OR
SUBCONTRACTORS IN CONSTRUCTION OF THE
IMPROVEMENTS; AND SHALL PAY ANY JUDGMENT,
WITH COSTS, WHICH MAY BE OBTAINED AGAINST
THE TOWN GROWING OUT OF SUCH INJURY OR
DAMAGE.
k. Approval by the Town Engineer of any plans, designs or specifications
submitted by Developer pursuant to this Agreement shall not constitute or be
deemed to be a release of the responsibility and liability of the Developer, or
the Developer’s Engineer, employees, officers or agents with respect to the
construction of any of the Development’s improvements or facilities, or for
the accuracy and competency of the Development’s improvements and
facilities design and specifications prepared by the Developer’s Engineer, his
officers, agents, servants or employees, it being the intent of the parties that
the approval by the Town Engineer signifies the Town’s approval on only the
general design concept of the improvements and facilities to be constructed.
l. The Developer and Contractor shall comply with all local, state, and federal
laws, rules, and regulations, relating to drainage, flood control, runoff,
erosion, pollution, hazardous materials, waste, sedimentation, and any other
control and mitigation requirements related thereto. The Developer and
Contractor are responsible for all liability for drainage to adjacent and
downstream property, but only to the extent directly caused by the design and
construction of the Public Improvements contemplated by this Agreement.
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m. This Agreement shall be construed in accordance with the Town of Trophy
Club, Texas, Subdivision Regulations and all other applicable ordinances.
Any conflicts between the provisions of this Agreement, the Town’s
Subdivision regulations, Town Ordinances, and State and Federal Law, shall
be construed in favor of the Town’s Ordinances as allowed by law, subject to
Chapter 245 of the Local Government Code. To the extent any such conflict
exists, only that portion of the Agreement in conflict shall be severable from
the other provisions of the Agreement, and such conflict shall in no manner
affect the validity or enforceability of the remaining provisions.
n. All rights remedies and privileges permitted or available to the Town under
this Agreement or at law or equity shall be cumulative and not alternative, and
election of any such right, remedy or privilege shall not constitute a waiver or
exclusive election of any rights, remedies, or privilege with respect to any
other permitted or available right, remedy or privilege. Additionally, one
instance of forbearance by the Town in the enforcement of any such right,
remedy or privilege, shall not constitute a waiver of such right, remedy or
privilege by the Town. A default under this Agreement by the Town shall not
result in forfeiture of any rights, remedies, or privileges under this Agreement
by the Town.
2. Agreement Controlling. The provisions of this Agreement shall control over any
conflicting provision of any contract between the Developer and Contractor, and any
other entity as it relates to the construction of the Public Improvements.
3. Covenants of Town of Trophy Club. Upon proper final completion and inspection of
the Public Improvements in accordance with this Agreement, the Town agrees to
accept the dedication of the Public Improvements.
4. Nexus and Rough Proportionality. The Developer acknowledges and agrees that there
is a reasonable nexus between the demands created by the Development and the Public
Improvements, and that the costs associated with the construction and dedication of
land for the Public Improvements is roughly proportional to the benefits received and
the burdens imposed by the Development. The Developer further acknowledges and
agrees that all prerequisites to such a determination of rough proportionality have been
met, and that any costs incurred relative to the conveyance, dedication, construction
costs and other payments, if any, for the Public Improvements are related both in nature
and extent to the impact of the Development. The Developer shall indemnify and hold
the Town harmless against any claim by it or others claiming through it, that the
required Public Improvements and associated dedication of land are unlawful
exactions pursuant to the indemnification provision of this Agreement. In addition to
the foregoing sentence, the Developer waives and releases all claims against the Town
related to any and all rough proportionality and individual determination requirements
mandated by Section 212.904, Texas Local Gov’t Code, or the Texas or U.S.
Constitutions as those claims relate to any theory of rough proportionality.
5. Venue and Governing Law. The Parties herein agree that this Agreement shall be
enforceable in Denton County, Texas, without regard to conflict of laws principles,
and if legal action is necessary in connection therewith, exclusive venue shall lie in
Denton County, Texas. The terms and provisions of this Agreement shall be construed
in accordance with the laws and court decisions of the State of Texas.
6. Successor and Assigns. This Agreement shall be binding upon and inure to the
benefit of the parties, hereto, their respective successors and assigns. This Agreement
may not be assigned without written consent of the Parties.
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7. Legal Construction. In case any one or more of the provisions contained in the
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other
provision of the Agreement, and the Agreement shall be considered as if such invalid,
illegal, or unenforceable provision had never been contained in the Agreement.
8. Counterparts. The Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
9. Texas Public Information Act. Unless otherwise provided by law, all information,
documents, and communications relating to the Agreement shall 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. The requirements of Subchapter
J, Chapter 552, Government Code, may apply to this Agreement and each party agrees
that this Agreement may be terminated with regard to such party if such party
knowingly or intentionally fails to comply with a requirement of that subchapter, if
applicable.
10. Governmental Function(s) and Immunity. The parties hereby acknowledge and agree
that the Town 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 Agreement
shall be construed as constituting a waiver of the Town’s governmental immunity from
suit or liability, which is expressly reserved to the fullest extent allowed by law.
11. Waiver of Attorney’s Fees. The parties expressly covenant and agree that in the event
of any litigation arising between the parties to this Agreement, each party shall be
solely responsible for payment of its attorneys (except as required pursuant to the
indemnity obligations in this Agreement) and that in no event shall either party be
responsible for the other party’s attorneys’ fees regardless of the outcome of the
litigation.
12. Additional Verifications. To the extent required by Texas law, the Developer and
Contractor each verify 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; (2) It
does not “boycott Israel” as that term is defined in Texas Government Code Ch. 2271
and § 808.001 and it will not boycott Israel during the term of this Agreement; and (3)
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.
13. Ethics Disclosure. To the extent required by law, the Developer and Contractor each
represent 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 and the rules promulgated by the
TEC. 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.
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Executed this, 25th day of September, 2023.
DEVELOPER:
NAME: ______________________________________
BY: _________________________________________
Name:
Title:
Address:
CONTRACTOR:
NAME: ______________________________________
BY: _________________________________________
Name:
Title:
Address:
TOWN OF TROPHY CLUB:
BY: _________________________________________
Jeannette Tiffany, Mayor
ATTEST:
BY: _________________________________________
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
BY: _________________________________________
Dean Roggia, Town Attorney
83
Exhibit A
Parcel 2H
BEING, all of that 4.208 acre (183,283 square foot) tract of land situated in the Rosalinda Allen Survey,
Abstract Number 17, in the Town of Trophy Club, Denton County, Texas; being all of that tract of land
described as Trophy Club Parcel 2H in Special Warranty Deed to Trophy Club Estates Development, LP.
as recorded in Instrument No. 2023-1983 of the Official Records of Denton County, Texas; said 4.208
acre tract of land being more particularly described by metes and bounds as follows:
BEGINNING, at the southeast corner Lot 3, Block G, The Highlands at Trophy Club Neighborhood 1,
Phase 2A Addition, an addition to the Town of Trophy Club, as recorded in Document Number 2011-69 of
the Plat Records of Denton County, Texas; said point being a southwest corner of that tract of land
described in General Warranty Dedication Deed to the Town of Trophy Club, Texas as recorded in
Document No. 2008-13746 of said Official Records; from said point a 5/8-inch iron rod with ”JACOBS”
cap found bears North 52 degrees 01 minutes 07 seconds West, a distance of 0.23 feet; and from said
point an “X” cut in concrete found at the northeast corner of Lot 20, Block B of said Phase 2A Addition
bears South 38 degrees 56 minutes 26 seconds West, a distance of 276.80 feet;
THENCE, North 89 degrees 59 minutes 57 seconds East, with a south line of said Town of Trophy Club
tract, a distance of 512.62 feet to a 5/8-inch iron rod with “BGE” cap set at a reentrant corner in a south
line of said Town of Trophy Club tract;
THENCE, South 00 degrees 00 minutes 03 seconds East, with a west line said Town of Trophy Club
tract, a distance of 357.54 feet to a 5/8-inch iron rod with ”JACOBS" cap found for corner; said point being
in the west line of Lot 21, Block G, The Highlands at Trophy Club Neighborhood 5, Phase 2B Addition, an
addition to the Town of Trophy Club as recorded in Document No. 2011-70 of said Plat Records;
THENCE, South 89 degrees 59 minutes 57 seconds West, with the north line of Block G, The Highlands
at Trophy Club Neighborhood 5, Phase 1C-2 Addition, an addition to the Town of Trophy Club as
recorded in Cabinet Y, Page 312 of said Plat Records, a distance of 512.62 feet to a 5/8-inch iron rod with
“BGE” cap set for corner;
THENCE, North 00 degrees 00 minutes 03 seconds West, with the east line of Block G of said Phase 2A
Addition, a distance of 357.54 feet to the POINT OF BEGINNING and containing an area of 4.208 acres
or 183,283 square feet of land, more or less.
84
PROJECT:GAS WELL HOME DEVELOPMENT SITES
LOCATION:TROPHY CLUB, TEXAS
BID DATE:10.3.22
CONTACT:COLIN EGAN
EMAIL:COLIN@NTEXCON.COM
Item Description
No.Qty Unit
2H MAY PUBLIC IFC SCOPE
2H - WILLOW ESTATES
STORM 24" CL-III RCP 81 LF
10" CURB INLET 3 EA
24" FLARED HEADWALL 1 EA
ROCK RIPRAP 17 SY
WATER 6" DR-18 WATER LINE 580 LF
2" POLY 166 LF
6" GATE VALVE 2 EA
FIRE HYDRANT 1 EA
1" DOMESTIC SERVICE 9 EA
1.5" DOMESTIC SERVICE 1 EA
SANITARY 8" SDR-26 SANITARY PIPE 203 LF
8" SDR-35 SANITARY PIPE 156 LF
4' DIA SS MANHOLE 2 EA
4" DOMESTIC SERVICE W/ CLEANOUT 9 EA
CONCRETE 6" 4000 PSI PAVING 2559 SY
4" 3000 PSI SIDEWALK 2532 SF
2H WILLOW ESTATES CHANGES:261,849.00$
NORTH TEXAS CONTRACTING, INC.
Bid Bid
Unit Amount
0.00 0.00
0.00 0.00
0.00 0.00
85.00 6,885.00
4,500.00 13,500.00
2,000.00 2,000.00
85.00 1,445.00
0.00 0.00
0.00 0.00
55.00 31,900.00
32.00 5,312.00
1,850.00 3,700.00
4,000.00 4,000.00
500.00 4,500.00
650.00 650.00
0.00 0.00
0.00 0.00
50.00 10,150.00
45.00 7,020.00
4,500.00 9,000.00
650.00 5,850.00
0.00 0.00
0.00 0.00
55.00 140,745.00
6.00 15,192.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Exhibit B
85
TOWN COUNCIL COMMUNICATION
CONSENT
MEETING DATE: September 25, 2023
FROM: Matt Cox, Director of Community Development
AGENDA ITEM: Consider approval of a Developer’s Agreement between the Town of
Trophy Club and Trophy Club Estates Development, L.P. for the Oak
Estates (3H); and authorizing the Mayor or her designee to execute same
on behalf of the Town.
BACKGROUND/SUMMARY:
On July 25, 2023, Council approved the Final Plat for the Oak Estates at Trophy Club (formerly gas
well site 3H) consisting of eight (8) residential lots and one (1) common/open space lot with a
public cul-de-sac street serving each lot, containing approximately 4.339 acres of land. The
Developer’s Agreement was not presented and approved with the Final Plat due to staff, council
and legal review, consultations, and revisions. As a result, this Developer’s Agreement is now
ready for consideration and approval so Trophy Club Estates Development, LP. may begin
construction of infrastructure at Oak Estates (3H).
As per subdivision Ordinance 10.02.201 requirements, a Developer’s Agreement shall be signed
by the Mayor after engineering plans and cost estimates have been approved. Trophy Club
Estates Development, L.P. is responsible for the public improvements principally listed in the
Chapter 10, Article 10.02, Division 4.
1) Water Distribution System
2) Sanitary Sewer System
3) Drainage and Storm Sewer
4) Street Construction
A homeowner’s association (HOA) will be created with the filing of the Final Plat that will own
and maintain any common areas/lots. Additionally, the satisfaction of Parkland Dedication shall
be paid prior to construction beginning and the issuance of building permits.
Article 10.03 Parkland Dedication and Open Space
Section 10.03.009. Dedication or payment required prior to beginning development.
It shall be unlawful for any person who is required to convey land, or pay money in lieu of land,
as required by this article, to begin, or allow any other person or contractor to begin, any
construction or improvements on any land within the development to which this article applies,
until the required conveyance of land or payment of money in lieu of land is made to the town
in accordance with this article.
86
Section 10.03.010 Dedication or payment required prior to issuance of building permits or
provision of utility service.
No building permits shall be issued for, and no permanent utility services shall be provided to
any land within any development to which this article applies until the required conveyance of
land or payment of money in lieu of land is made to the town in accordance with this article.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the draft agreement as to form and
legality.
ATTACHMENTS:
Developer’s Agreement
ACTION/OPTIONS:
Move to approve Developer’s Agreement between the Town of Trophy Club and Trophy Club
Estates Development, L.P. for the Oak Estates (3H); and authorize the Mayor or her designee to
execute same on behalf of the Town.
87
THE OAK ESTATES DEVELOPMENT CONTRACT
FOR
PUBLIC IMPROVEMENTS
WHEREAS, TROPHY CLUB ESTATES DEVELOPMENT, LP (the “Developer”), whose
business address is 13101 Preston Rd., Suite 510, Dallas, TX 75240, is the developer of real property
located in the limits of the Town of Trophy Club, being described as THE OAK ESTATES
SUBDIVISION (the “Development”), an unrecorded subdivision to the Town of Trophy Club, Texas
being further identified on Exhibit A attached hereto; and
WHEREAS, Developer wishes to enter into this Development Contract for Public
Improvements (the “Agreement”) with the Town of Trophy Club, a Texas home-rule municipality (the
“Town”) to provide for the construction of certain public improvements (the “Public Improvements”),
as described in Exhibit B attached hereto and made a part hereof by reference, which, among other
things, are necessitated by and will serve the Development; and
WHEREAS, this agreement is entered into pursuant to Chapter 212 of the Texas Local
Government Code, and Town Code of Ordinances Chapter 10 - Subdivision Regulation, and the Public
Improvements are necessary to serve the Development and are roughly proportional to the benefits
received and burdens imposed by the Development; and
WHEREAS, this agreement is required to ensure that the Public Improvements are constructed
in accordance with the Town’s standard specifications for public works projects, applicable ordinances
and design criteria manuals (“Standard Specifications”), and the plans and specifications prepared by
Developer’s engineer, BGE (“Developer’s Engineer”) dated May 2023, which were approved by the
Town and are on file in the office of: Teague, Nall & Perkins, Tom Rutledge, Town Engineer, 100
Macon Street, Fort Worth, Texas 76102 (“Town Engineer”), which may be amended with the written
approval of the Town Engineer or their designee (the “Project Specifications”), such Standard
Specifications and Project Specifications being incorporated hereby by reference and herein called
collectively the “Plans and Specifications”; and
WHEREAS, the Developer understands and agrees that it is responsible for and has retained
at its sole expense, the Developer’s Engineer to design the Public Improvements in accordance with the
Plans and Specifications, taking into consideration the specific site conditions, including differing site
conditions, that may impact the Public Improvements; and
WHEREAS, the Developer shall provide for the construction of the Public Improvements by
and through the Developer’s contractor North Texas Contracting Inc, (the “Contractor”) whose address
is 4999 Keller Haslet Rd, Keller, TX 76248, a construction contractor experienced in the construction
of improvements similar to the Public Improvements. The Contractor shall meet Town and statutory
requirements for being insured, licensed, and bonded to perform work in public rights-of-way, and to
be qualified in all respects to bid on public streets and public projects of a similar nature. The Developer
agrees to submit contract documents to the Town and to participate in pre-construction meetings with
the Town and all Contractors; and
WHEREAS, Developer and Contractor recognize that the Town has an interest in ensuring
that the Public Improvements, which will, upon completion and acceptance by the Town, become public
88
property, are properly constructed in accordance with the Plans and Specifications and that full payment
by Developer is provided therefore;
NOW, THEREFORE, the Developer, Contractor, and the Town (the “Parties”) for and in
consideration of the recitals above and their mutual promises and covenants contained herein agree as
follows:
1. Covenants of Developer and Contractor:
a. Construction: Developer and Contractor shall construct the Public
Improvements in accordance with the Plans and Specifications and complete
the Public Improvements on or before eighteen (18) months from the final
date of execution of this Agreement. Developer shall be responsible for all
monies due to the Contractor for construction of the Public Improvements. In
no event shall the Town be responsible for payment of any of the expenses or
costs to construct the Public Improvements. The Town Engineer in its
discretion may require the Developer to provide security for payments to the
Contractor, which may be in the form of a cash deposit with the Town, an
unconditional and irrevocable letter of credit, a dedicated construction
account with a lending institution approved by the Town Engineer, or other
security that the Town Engineer in their discretion deems adequate to ensure
that the Developer does not default in its payment obligations to the
Contractor.
b. Authority of Town Engineer, Inspections, Tests and Orders, Developer and
Contractor Warranty. All work on the Public Improvements shall be
performed in a good and workmanlike manner and to the satisfaction of the
Town Engineer or its representative. The Town Engineer shall decide all
questions, which arise as to the quality and acceptability of materials
furnished, work performed, and the interpretation of the Plans and
Specifications and may reject any work not performed in accordance with the
Plans and Specifications. The Contractor, its surety on the performance bond
required herein, and the Developer, warrant, that the Public Improvements
will be free from defects in materials and workmanship and that they will pay
to remedy same for a period of two years after the completion of the Public
Improvements and final acceptance by the Town. This warranty shall not
constitute a limitation on the duty to remedy latent defects in construction that
were not known at the time of final acceptance or within said two-year
warranty period. The Developer and Contractor shall furnish the Town
Engineer or their representative with every reasonable facility for ascertaining
whether or not the work performed was in accordance with the Plans and
Specifications applicable thereto. Any work done, or materials used without
suitable inspection by the Town may be ordered removed and replaced at
Contractor’s expense. The Town Engineer or its designee shall perform
periodic inspections of the work and shall perform a final inspection prior to
final acceptance by the Town and an inspection thirty (30) days prior to the
expiration of two years from the date of final completion, inspection, and
acceptance of the work by the Town. Upon failure of the Contractor to allow
for inspection, to test materials furnished, to satisfactorily repair, remove or
replace, if so directed, rejected, unauthorized or condemned work or
materials, or to follow any other request or order of the Town Engineer or its
representative, the Town Engineer shall notify the Developer of such failure
and may suspend inspections of such work until such failure is remedied. If
such failure is not remedied to the satisfaction of the Town Engineer, the
Town shall have no obligation under this agreement to approve or accept the
Public Improvements and the Town may withhold, suspend or revoke any
permits or other approvals for the Development until such matter is remedied
to the satisfaction of the Town Engineer.
89
c. Insurance. Contractor shall provide insurance in form and substance in
accordance with the Town’s standard insurance requirements for public works
projects, which are on file in the Town and/or in the Office of the Town
Engineer and which are incorporated herein by reference.
d. Means and Methods of Construction. The means and methods of construction
shall be such as Contractor may choose; subject, however, to the Town’s right
to reject the Public Improvements for which the means or method of
constructions does not, in the judgment of the Town Engineer, assure that the
Public Improvements are constructed in accordance with Plans and
Specifications.
e. Books and Records. All of the Developer’s and the Contractor’s books and
other records related to the construction of the Public Improvements shall be
available for inspection by the Town.
f. Performance, Payment, and Maintenance Bonds. Prior to the execution of this
agreement, the commencement of construction, or the issuance of any
building permits, Developer or Contractor shall present to the Town
performance bond(s), payment bond(s), and maintenance bond(s) that meet
the requirements of Chapter 2253 of the Texas Government Code. Each bond
shall be in the full amount of the costs to construct the Public Improvements,
as estimated by the Developer’s engineer and approved by the Town Engineer,
in favor of the Town ensuring completion of the Public Improvements in
accordance with the Plans and Specifications and warranting against defects
in materials and workmanship for a period of two years from the date of final
acceptance by the Town. The Contractor shall provide a written estimate of
the costs to construct the Public Improvements. The estimated Public
Improvement construction costs shall be included in Exhibit B. The
performance bond(s), payment bond(s), and maintenance bond(s) shall be
executed by a corporate surety authorized to do business in Texas in
accordance with Chapter 2253 of the Texas Government Code, shall be on the
Town’s standard form or such other form approved by the Town, and shall
contain a local resident agent for service of process. The Developer or
Contractor may be a co-obligee on the performance bond with regard to the
Contract’s obligations.
g. Payment Bonds. The Developer or Contractor shall execute a payment bond
in the full amount of the costs to construct the Public Improvements in favor
of the Town insuring against claims from suppliers and subcontractors. The
payment bond shall be executed by a corporate surety authorized to do
business in Texas in accordance with Chapter 2253 of the Texas Government
Code, shall be on the Town’s standard form or such other form approved by
the Town, and shall contain a local resident agent for service of process. The
Developer or Contractor may be a co-obligee on the payment bond.
h. Retainage – Final Payments. As security for the faithful completion of the
Public Improvements, Contractor and Developer agree that the Developer
shall, retain ten (10) percent of the total dollar amount of the contract price
until after final approval or acceptance of the Public Improvements by the
Town. The Developer shall thereafter pay the Contractor the retainage, only
after Contractor has furnished to the Developer satisfactory evidence
including an affidavit that all indebtedness has been paid, that all indebtedness
connected with the work and all sums of money due for labor, materials,
apparatus, fixtures, or machinery furnished for all and used in the performance
90
of the work have been paid or otherwise satisfied. In addition, Contractor
shall provide Developer with a consent to final payment from the payment
bond surety.
i. Encumbrances. Upon final completion, inspection, and acceptance of the
Public Improvements by the Town, the Public Improvements shall become
the property of the Town free and clear of all liens, claims, charges, or
encumbrances of any kind. If, after acceptance of the Public Improvements,
any claim, lien, charge or encumbrance is made, or found to exist, against the
Public Improvements, or land dedicated to the Town, to which they are
affixed, the Developer and Contractor shall upon notice by the Town promptly
cause such claim, lien, charge or encumbrance to be satisfied and released or
promptly post a bond with the Town in the amount of such claim, liens, charge
or encumbrance, in favor of the Town, to ensure payment of such claim, lien,
charge or encumbrance.
j. INDEMNIFICATION. THE DEVELOPER AND CONTRACTOR
SHALL AND HEREBY DO INDEMNIFY, DEFEND AND HOLD
HARMLESS, THE TOWN, ITS OFFICERS, AGENTS AND
EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS
OF ANY CHARACTER, NAME AND DESCRIPTION
BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR
DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON,
PERSONS OR PROPERTY ON ACCOUNT OF THE
OPERATIONS OF THE CONTRACTOR, THEIR AGENTS,
EMPLOYEES OR SUBCONTRACTORS; OR ON ACCOUNT
OF ANY NEGLIGENT ACT OR FAULT OF THE
CONTRACTOR, THEIR AGENTS, EMPLOYEES OR
SUBCONTRACTORS IN CONSTRUCTION OF THE
IMPROVEMENTS; AND SHALL PAY ANY JUDGMENT,
WITH COSTS, WHICH MAY BE OBTAINED AGAINST
THE TOWN GROWING OUT OF SUCH INJURY OR
DAMAGE.
k. Approval by the Town Engineer of any plans, designs or specifications
submitted by Developer pursuant to this Agreement shall not constitute or be
deemed to be a release of the responsibility and liability of the Developer, or
the Developer’s Engineer, employees, officers or agents with respect to the
construction of any of the Development’s improvements or facilities, or for
the accuracy and competency of the Development’s improvements and
facilities design and specifications prepared by the Developer’s Engineer, his
officers, agents, servants or employees, it being the intent of the parties that
the approval by the Town Engineer signifies the Town’s approval on only the
general design concept of the improvements and facilities to be constructed.
l. The Developer and Contractor shall comply with all local, state, and federal
laws, rules, and regulations, relating to drainage, flood control, runoff,
erosion, pollution, hazardous materials, waste, sedimentation, and any other
control and mitigation requirements related thereto. The Developer and
Contractor are responsible for all liability for drainage to adjacent and
downstream property, but only to the extent directly caused by the design and
construction of the Public Improvements contemplated by this Agreement.
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m.This Agreement shall be construed in accordance with the Town of Trophy
Club, Texas, Subdivision Regulations and all other applicable ordinances.
Any conflicts between the provisions of this Agreement, the Town’s
Subdivision regulations, Town Ordinances, and State and Federal Law, shall
be construed in favor of the Town’s Ordinances as allowed by law, subject to
Chapter 245 of the Local Government Code. To the extent any such conflict
exists, only that portion of the Agreement in conflict shall be severable from
the other provisions of the Agreement, and such conflict shall in no manner
affect the validity or enforceability of the remaining provisions.
n.All rights remedies and privileges permitted or available to the Town under
this Agreement or at law or equity shall be cumulative and not alternative, and
election of any such right, remedy or privilege shall not constitute a waiver or
exclusive election of any rights, remedies, or privilege with respect to any
other permitted or available right, remedy or privilege. Additionally, one
instance of forbearance by the Town in the enforcement of any such right,
remedy or privilege, shall not constitute a waiver of such right, remedy or
privilege by the Town. A default under this Agreement by the Town shall not
result in forfeiture of any rights, remedies, or privileges under this Agreement
by the Town.
2.Agreement Controlling. The provisions of this Agreement shall control over any
conflicting provision of any contract between the Developer and Contractor, and any
other entity as it relates to the construction of the Public Improvements.
3.Covenants of Town of Trophy Club. Upon proper final completion and inspection of
the Public Improvements in accordance with this Agreement, the Town agrees to
accept the dedication of the Public Improvements.
4.Nexus and Rough Proportionality. The Developer acknowledges and agrees that there
is a reasonable nexus between the demands created by the Development and the Public
Improvements, and that the costs associated with the construction and dedication of
land for the Public Improvements is roughly proportional to the benefits received and
the burdens imposed by the Development. The Developer further acknowledges and
agrees that all prerequisites to such a determination of rough proportionality have been
met, and that any costs incurred relative to the conveyance, dedication, construction
costs and other payments, if any, for the Public Improvements are related both in nature
and extent to the impact of the Development. The Developer shall indemnify and hold
the Town harmless against any claim by it or others claiming through it, that the
required Public Improvements and associated dedication of land are unlawful
exactions pursuant to the indemnification provision of this Agreement. In addition to
the foregoing sentence, the Developer waives and releases all claims against the Town
related to any and all rough proportionality and individual determination requirements
mandated by Section 212.904, Texas Local Gov’t Code, or the Texas or U.S.
Constitutions as those claims relate to any theory of rough proportionality.
5.Venue and Governing Law. The Parties herein agree that this Agreement shall be
enforceable in Denton County, Texas, without regard to conflict of laws principles,
and if legal action is necessary in connection therewith, exclusive venue shall lie in
Denton County, Texas. The terms and provisions of this Agreement shall be construed
in accordance with the laws and court decisions of the State of Texas.
6.Successor and Assigns. This Agreement shall be binding upon and inure to the
benefit of the parties, hereto, their respective successors and assigns. This Agreement
may not be assigned without written consent of the Parties.
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7. Legal Construction. In case any one or more of the provisions contained in the
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other
provision of the Agreement, and the Agreement shall be considered as if such invalid,
illegal, or unenforceable provision had never been contained in the Agreement.
8. Counterparts. The Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
9. Texas Public Information Act. Unless otherwise provided by law, all information,
documents, and communications relating to the Agreement shall 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. The requirements of Subchapter
J, Chapter 552, Government Code, may apply to this Agreement and each party agrees
that this Agreement may be terminated with regard to such party if such party
knowingly or intentionally fails to comply with a requirement of that subchapter, if
applicable.
10. Governmental Function(s) and Immunity. The parties hereby acknowledge and agree
that the Town 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 Agreement
shall be construed as constituting a waiver of the Town’s governmental immunity from
suit or liability, which is expressly reserved to the fullest extent allowed by law.
11. Waiver of Attorney’s Fees. The parties expressly covenant and agree that in the event
of any litigation arising between the parties to this Agreement, each party shall be
solely responsible for payment of its attorneys (except as required pursuant to the
indemnity obligations in this Agreement) and that in no event shall either party be
responsible for the other party’s attorneys’ fees regardless of the outcome of the
litigation.
12. Additional Verifications. To the extent required by Texas law, the Developer and
Contractor each verify 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; (2) It
does not “boycott Israel” as that term is defined in Texas Government Code Ch. 2271
and § 808.001 and it will not boycott Israel during the term of this Agreement; and (3)
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.
13. Ethics Disclosure. To the extent required by law, the Developer and Contractor each
represent 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 and the rules promulgated by the
TEC. 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.
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Executed this, 25th day of September, 2023.
DEVELOPER:
NAME: ______________________________________
BY: _________________________________________
Name:
Title:
Address:
CONTRACTOR:
NAME: ______________________________________
BY: _________________________________________
Name:
Title:
Address:
TOWN OF TROPHY CLUB:
BY: _________________________________________
Jeannette Tiffany, Mayor
ATTEST:
BY: _________________________________________
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
BY: _________________________________________
Dean Roggia, Town Attorney
94
Exhibit A
Parcel 3H
BEING, all of that 4.339 acre (189,000 square foot) tract of land situated in the Thomas J. Allen Survey,
Abstract Number 7, in the Town of Trophy Club, Denton County, Texas; being all of that tract of land
described as Trophy Club Parcel 3H in Special Warranty Deed to Trophy Club Estates Development, LP.
as recorded in Instrument No. 2023-1983 of the Official Records of Denton County, Texas; said 4.339
acre tract of land being more particularly described by metes and bounds as follows:
BEGINNING, at a 5/8-inch iron rod with “BGE” cap set at northeast corner of said Trophy Club Parcel 3H
tract; said point being a reentrant corner in the south line of Block L, The Highlands at Trophy Club
Neighborhood 7, Phase 3C Addition, an addition to the Town of Trophy Club as recorded in Document
No. 2014-107 of the Plat Records of Denton County, Texas; from said point an “X” cut in concrete found
for corner bears South 72 degrees 40 minutes 23 seconds East, a distance of 27.80 feet; and from said
point an “X” cut in concrete found for corner bears North 25 degrees 34 minutes 33 seconds East, a
distance of 168.48 feet;
THENCE, South 14 degrees 06 minutes 03 seconds East, at a distance of 202.64 feet passing a salient
corner in the south line of said Block L, said point being a salient corner in the north line of Lot 1, Block 1,
Freedom Park, an addition to the Town of Trophy Club as recorded in Document No. 2011-73 of said Plat
Records, continuing in all a total distance of 450.00 feet to a 5/8-inch iron rod with “BGE” cap set at the
southeast corner of said Trophy Club Parcel 3H tract; said point being a reentrant corner in the north line
of said Block 1;
THENCE, South 75 degrees 53 minutes 57 seconds West, with the south line of said Trophy Club Parcel
3H tract and a north line said Block 1, a distance of 420.00 feet to a 5/8-inch iron rod with “BGE” cap set
at the southwest corner of said Trophy Club Parcel 3H tract;
THENCE, North 14 degrees 06 minutes 03 seconds West, at a distance of 333.29 feet passing a salient
corner in the north line of Block 1 and a salient corner in the south line of said Block L, continuing in all a
total distance of 450.00 feet to a 5/8-inch iron rod with “BGE” cap set at the northwest corner of said
Trophy Club Parcel 3H tract; said point being a reentrant corner in the south line of said Block L;
THENCE, North 75 degrees 53 minutes 57 seconds East, with the north line of said Trophy Club Parcel
3H tract and a south line of said Block L, a distance of 420.00 feet to the POINT OF BEGINNING and
containing an area of 4.339 acres or 189,000 square feet of land, more or less.
95
PROJECT:GAS WELL HOME DEVELOPMENT SITES
LOCATION:TROPHY CLUB, TEXAS
BID DATE:10.3.22
CONTACT:ADAM BERNARD
EMAIL:ADAMB@NTEXCON.COM
Item Description
No.Qty Unit
BREAKDOWN OF PERMANENT PUBLIC IMPROVEMENTS
3H - THE OAK ESTATES
STORM 24" CL-III RCP 55 LF
10' CURB INLET 1 EA
ROCK RIPRAP 17 SY
WATER 6" DR-18 WATER LINE 212 LF
2" POLY 266 EA
6" GATE VALVE 3 EA
FIRE HYDRANT 1 EA
1" DOMESTIC SERVICE 8 EA
SANITARY 8" SDR-35 SANITARY PIPE 542 LF
4' DIA MANHOLE 3 EA
4" DOMESTIC SERVICE W/ CLEANOUT 8 EA
CEMENT TREATED SAND ENCASE 8" SS LINE 20 LF
CONCRETE 6" 4000 PSI PAVING 2429 SY
4" 3000 PSI SIDEWALK 948 SF
3H OAK ESTATES CHANGES:230,225.00$
NORTH TEXAS CONTRACTING, INC.
Bid Bid
Unit Amount
0.00 0.00
0.00 0.00
0.00 0.00
85.00 4,675.00
4,500.00 4,500.00
85.00 1,445.00
0.00 0.00
55.00 11,660.00
32.00 8,512.00
1,850.00 5,550.00
4,000.00 4,000.00
500.00 4,000.00
0.00 0.00
0.00 0.00
50.00 27,100.00
4,500.00 13,500.00
650.00 5,200.00
40.00 800.00
0.00 0.00
0.00 0.00
55.00 133,595.00
6.00 5,688.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Exhibit B
96
TOWN COUNCIL COMMUNICATION
CONSENT
MEETING DATE: September 25, 2023
FROM: Matt Cox, Director of Community Development
AGENDA ITEM: Consider approval of a Developer’s Agreement between the Town of
Trophy Club and Trophy Club Estates Development, L.P. for the Cypress
Estates (4H); and authorize the Mayor or her designee to execute same
on behalf of the Town.
BACKGROUND/SUMMARY:
On March 28, 2023, Council approved the Final Plat for the Cypress Estates at Trophy Club
(formerly gas well site 4H) consisting of nine (9) residential lots and one (1) common/open space
lot with a public cul-de-sac street serving each lot, containing approximately 3.581 acres of land.
The Developer’s Agreement was not presented and approved with the Final Plat due to staff,
council and legal review, consultations, and revisions. As a result, this Developer’s Agreement is
now ready for consideration and approval so Trophy Club Estates Development, LP. may begin
construction of infrastructure at Cypress Estates (4H).
As per subdivision Ordinance 10.02.201 requirements, a Developer’s Agreement shall be signed
by the Mayor after engineering plans and cost estimates have been approved. Trophy Club
Estates Development, L.P. is responsible for the public improvements principally listed in the
Chapter 10, Article 10.02, Division 4.
1) Water Distribution System
2) Sanitary Sewer System
3) Drainage and Storm Sewer
4) Street Construction
A homeowner’s association (HOA) will be created with the filing of the Final Plat that will own
and maintain any common areas/lots. Additionally, the satisfaction of Parkland Dedication shall
be paid prior to construction beginning and the issuance of building permits.
Article 10.03 Parkland Dedication and Open Space
Section 10.03.009. Dedication or payment required prior to beginning development.
It shall be unlawful for any person who is required to convey land, or pay money in lieu of land,
as required by this article, to begin, or allow any other person or contractor to begin, any
construction or improvements on any land within the development to which this article applies,
until the required conveyance of land or payment of money in lieu of land is made to the town
in accordance with this article.
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Section 10.03.010 Dedication or payment required prior to issuance of building permits or
provision of utility service.
No building permits shall be issued for, and no permanent utility services shall be provided to
any land within any development to which this article applies until the required conveyance of
land or payment of money in lieu of land is made to the town in accordance with this article.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the draft agreement as to form and
legality.
ATTACHMENTS:
Developer’s Agreement
ACTION/OPTIONS:
Move to approve Developer’s Agreement between the Town of Trophy Club and Trophy Club
Estates Development, L.P. for the Cypress Estates (4H); and authorize the Mayor or her designee
to execute same on behalf of the Town.
98
THE CYPRESS ESTATES DEVELOPMENT CONTRACT
FOR
PUBLIC IMPROVEMENTS
WHEREAS, TROPHY CLUB ESTATES DEVELOPMENT, LP (the “Developer”), whose
business address is 13101 Preston Rd., Suite 510, Dallas, TX 75240, is the developer of real property
located in the limits of the Town of Trophy Club, being described as THE CYPRESS ESTATES
SUBDIVISION (the “Development”), an unrecorded subdivision to the Town of Trophy Club, Texas
being further identified on Exhibit A attached hereto; and
WHEREAS, Developer wishes to enter into this Development Contract for Public
Improvements (the “Agreement”) with the Town of Trophy Club, a Texas home-rule municipality (the
“Town”) to provide for the construction of certain public improvements (the “Public Improvements”),
as described in Exhibit B attached hereto and made a part hereof by reference, which, among other
things, are necessitated by and will serve the Development; and
WHEREAS, this agreement is entered into pursuant to Chapter 212 of the Texas Local
Government Code, and Town Code of Ordinances Chapter 10 - Subdivision Regulation, and the Public
Improvements are necessary to serve the Development and are roughly proportional to the benefits
received and burdens imposed by the Development; and
WHEREAS, this agreement is required to ensure that the Public Improvements are constructed
in accordance with the Town’s standard specifications for public works projects, applicable ordinances
and design criteria manuals (“Standard Specifications”), and the plans and specifications prepared by
Developer’s engineer, BGE (“Developer’s Engineer”) dated May 2023, which were approved by the
Town and are on file in the office of: Teague, Nall & Perkins, Tom Rutledge, Town Engineer, 100
Macon Street, Fort Worth, Texas 76102 (“Town Engineer”), which may be amended with the written
approval of the Town Engineer or their designee (the “Project Specifications”), such Standard
Specifications and Project Specifications being incorporated hereby by reference and herein called
collectively the “Plans and Specifications”; and
WHEREAS, the Developer understands and agrees that it is responsible for and has retained
at its sole expense, the Developer’s Engineer to design the Public Improvements in accordance with the
Plans and Specifications, taking into consideration the specific site conditions, including differing site
conditions, that may impact the Public Improvements; and
WHEREAS, the Developer shall provide for the construction of the Public Improvements by
and through the Developer’s contractor North Texas Contracting Inc, (the “Contractor”) whose address
is 4999 Keller Haslet Rd, Keller, TX 76248, a construction contractor experienced in the construction
of improvements similar to the Public Improvements. The Contractor shall meet Town and statutory
requirements for being insured, licensed, and bonded to perform work in public rights-of-way, and to
be qualified in all respects to bid on public streets and public projects of a similar nature. The Developer
agrees to submit contract documents to the Town and to participate in pre-construction meetings with
the Town and all Contractors; and
WHEREAS, Developer and Contractor recognize that the Town has an interest in ensuring
that the Public Improvements, which will, upon completion and acceptance by the Town, become public
99
property, are properly constructed in accordance with the Plans and Specifications and that full payment
by Developer is provided therefore;
NOW, THEREFORE, the Developer, Contractor, and the Town (the “Parties”) for and in
consideration of the recitals above and their mutual promises and covenants contained herein agree as
follows:
1.Covenants of Developer and Contractor:
a.Construction: Developer and Contractor shall construct the Public
Improvements in accordance with the Plans and Specifications and complete
the Public Improvements on or before eighteen (18) months from the final
date of execution of this Agreement. Developer shall be responsible for all
monies due to the Contractor for construction of the Public Improvements. In
no event shall the Town be responsible for payment of any of the expenses or
costs to construct the Public Improvements. The Town Engineer in its
discretion may require the Developer to provide security for payments to the
Contractor, which may be in the form of a cash deposit with the Town, an
unconditional and irrevocable letter of credit, a dedicated construction
account with a lending institution approved by the Town Engineer, or other
security that the Town Engineer in their discretion deems adequate to ensure
that the Developer does not default in its payment obligations to the
Contractor.
b.Authority of Town Engineer, Inspections, Tests and Orders, Developer and
Contractor Warranty. All work on the Public Improvements shall be
performed in a good and workmanlike manner and to the satisfaction of the
Town Engineer or its representative. The Town Engineer shall decide all
questions, which arise as to the quality and acceptability of materials
furnished, work performed, and the interpretation of the Plans and
Specifications and may reject any work not performed in accordance with the
Plans and Specifications. The Contractor, its surety on the performance bond
required herein, and the Developer, warrant, that the Public Improvements
will be free from defects in materials and workmanship and that they will pay
to remedy same for a period of two years after the completion of the Public
Improvements and final acceptance by the Town. This warranty shall not
constitute a limitation on the duty to remedy latent defects in construction that
were not known at the time of final acceptance or within said two-year
warranty period. The Developer and Contractor shall furnish the Town
Engineer or their representative with every reasonable facility for ascertaining
whether or not the work performed was in accordance with the Plans and
Specifications applicable thereto. Any work done, or materials used without
suitable inspection by the Town may be ordered removed and replaced at
Contractor’s expense. The Town Engineer or its designee shall perform
periodic inspections of the work and shall perform a final inspection prior to
final acceptance by the Town and an inspection thirty (30) days prior to the
expiration of two years from the date of final completion, inspection, and
acceptance of the work by the Town. Upon failure of the Contractor to allow
for inspection, to test materials furnished, to satisfactorily repair, remove or
replace, if so directed, rejected, unauthorized or condemned work or
materials, or to follow any other request or order of the Town Engineer or its
representative, the Town Engineer shall notify the Developer of such failure
and may suspend inspections of such work until such failure is remedied. If
such failure is not remedied to the satisfaction of the Town Engineer, the
Town shall have no obligation under this agreement to approve or accept the
Public Improvements and the Town may withhold, suspend or revoke any
permits or other approvals for the Development until such matter is remedied
to the satisfaction of the Town Engineer.
100
c. Insurance. Contractor shall provide insurance in form and substance in
accordance with the Town’s standard insurance requirements for public works
projects, which are on file in the Town and/or in the Office of the Town
Engineer and which are incorporated herein by reference.
d. Means and Methods of Construction. The means and methods of construction
shall be such as Contractor may choose; subject, however, to the Town’s right
to reject the Public Improvements for which the means or method of
constructions does not, in the judgment of the Town Engineer, assure that the
Public Improvements are constructed in accordance with Plans and
Specifications.
e. Books and Records. All of the Developer’s and the Contractor’s books and
other records related to the construction of the Public Improvements shall be
available for inspection by the Town.
f. Performance, Payment, and Maintenance Bonds. Prior to the execution of this
agreement, the commencement of construction, or the issuance of any
building permits, Developer or Contractor shall present to the Town
performance bond(s), payment bond(s), and maintenance bond(s) that meet
the requirements of Chapter 2253 of the Texas Government Code. Each bond
shall be in the full amount of the costs to construct the Public Improvements,
as estimated by the Developer’s engineer and approved by the Town Engineer,
in favor of the Town ensuring completion of the Public Improvements in
accordance with the Plans and Specifications and warranting against defects
in materials and workmanship for a period of two years from the date of final
acceptance by the Town. The Contractor shall provide a written estimate of
the costs to construct the Public Improvements. The estimated Public
Improvement construction costs shall be included in Exhibit B. The
performance bond(s), payment bond(s), and maintenance bond(s) shall be
executed by a corporate surety authorized to do business in Texas in
accordance with Chapter 2253 of the Texas Government Code, shall be on the
Town’s standard form or such other form approved by the Town, and shall
contain a local resident agent for service of process. The Developer or
Contractor may be a co-obligee on the performance bond with regard to the
Contract’s obligations.
g. Payment Bonds. The Developer or Contractor shall execute a payment bond
in the full amount of the costs to construct the Public Improvements in favor
of the Town insuring against claims from suppliers and subcontractors. The
payment bond shall be executed by a corporate surety authorized to do
business in Texas in accordance with Chapter 2253 of the Texas Government
Code, shall be on the Town’s standard form or such other form approved by
the Town, and shall contain a local resident agent for service of process. The
Developer or Contractor may be a co-obligee on the payment bond.
h. Retainage – Final Payments. As security for the faithful completion of the
Public Improvements, Contractor and Developer agree that the Developer
shall, retain ten (10) percent of the total dollar amount of the contract price
until after final approval or acceptance of the Public Improvements by the
Town. The Developer shall thereafter pay the Contractor the retainage, only
after Contractor has furnished to the Developer satisfactory evidence
including an affidavit that all indebtedness has been paid, that all indebtedness
connected with the work and all sums of money due for labor, materials,
apparatus, fixtures, or machinery furnished for all and used in the performance
101
of the work have been paid or otherwise satisfied. In addition, Contractor
shall provide Developer with a consent to final payment from the payment
bond surety.
i. Encumbrances. Upon final completion, inspection, and acceptance of the
Public Improvements by the Town, the Public Improvements shall become
the property of the Town free and clear of all liens, claims, charges, or
encumbrances of any kind. If, after acceptance of the Public Improvements,
any claim, lien, charge or encumbrance is made, or found to exist, against the
Public Improvements, or land dedicated to the Town, to which they are
affixed, the Developer and Contractor shall upon notice by the Town promptly
cause such claim, lien, charge or encumbrance to be satisfied and released or
promptly post a bond with the Town in the amount of such claim, liens, charge
or encumbrance, in favor of the Town, to ensure payment of such claim, lien,
charge or encumbrance.
j. INDEMNIFICATION. THE DEVELOPER AND CONTRACTOR
SHALL AND HEREBY DO INDEMNIFY, DEFEND AND HOLD
HARMLESS, THE TOWN, ITS OFFICERS, AGENTS AND
EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS
OF ANY CHARACTER, NAME AND DESCRIPTION
BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR
DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON,
PERSONS OR PROPERTY ON ACCOUNT OF THE
OPERATIONS OF THE CONTRACTOR, THEIR AGENTS,
EMPLOYEES OR SUBCONTRACTORS; OR ON ACCOUNT
OF ANY NEGLIGENT ACT OR FAULT OF THE
CONTRACTOR, THEIR AGENTS, EMPLOYEES OR
SUBCONTRACTORS IN CONSTRUCTION OF THE
IMPROVEMENTS; AND SHALL PAY ANY JUDGMENT,
WITH COSTS, WHICH MAY BE OBTAINED AGAINST
THE TOWN GROWING OUT OF SUCH INJURY OR
DAMAGE.
k. Approval by the Town Engineer of any plans, designs or specifications
submitted by Developer pursuant to this Agreement shall not constitute or be
deemed to be a release of the responsibility and liability of the Developer, or
the Developer’s Engineer, employees, officers or agents with respect to the
construction of any of the Development’s improvements or facilities, or for
the accuracy and competency of the Development’s improvements and
facilities design and specifications prepared by the Developer’s Engineer, his
officers, agents, servants or employees, it being the intent of the parties that
the approval by the Town Engineer signifies the Town’s approval on only the
general design concept of the improvements and facilities to be constructed.
l. The Developer and Contractor shall comply with all local, state, and federal
laws, rules, and regulations, relating to drainage, flood control, runoff,
erosion, pollution, hazardous materials, waste, sedimentation, and any other
control and mitigation requirements related thereto. The Developer and
Contractor are responsible for all liability for drainage to adjacent and
downstream property, but only to the extent directly caused by the design and
construction of the Public Improvements contemplated by this Agreement.
102
m. This Agreement shall be construed in accordance with the Town of Trophy
Club, Texas, Subdivision Regulations and all other applicable ordinances.
Any conflicts between the provisions of this Agreement, the Town’s
Subdivision regulations, Town Ordinances, and State and Federal Law, shall
be construed in favor of the Town’s Ordinances as allowed by law, subject to
Chapter 245 of the Local Government Code. To the extent any such conflict
exists, only that portion of the Agreement in conflict shall be severable from
the other provisions of the Agreement, and such conflict shall in no manner
affect the validity or enforceability of the remaining provisions.
n. All rights remedies and privileges permitted or available to the Town under
this Agreement or at law or equity shall be cumulative and not alternative, and
election of any such right, remedy or privilege shall not constitute a waiver or
exclusive election of any rights, remedies, or privilege with respect to any
other permitted or available right, remedy or privilege. Additionally, one
instance of forbearance by the Town in the enforcement of any such right,
remedy or privilege, shall not constitute a waiver of such right, remedy or
privilege by the Town. A default under this Agreement by the Town shall not
result in forfeiture of any rights, remedies, or privileges under this Agreement
by the Town.
2. Agreement Controlling. The provisions of this Agreement shall control over any
conflicting provision of any contract between the Developer and Contractor, and any
other entity as it relates to the construction of the Public Improvements.
3. Covenants of Town of Trophy Club. Upon proper final completion and inspection of
the Public Improvements in accordance with this Agreement, the Town agrees to
accept the dedication of the Public Improvements.
4. Nexus and Rough Proportionality. The Developer acknowledges and agrees that there
is a reasonable nexus between the demands created by the Development and the Public
Improvements, and that the costs associated with the construction and dedication of
land for the Public Improvements is roughly proportional to the benefits received and
the burdens imposed by the Development. The Developer further acknowledges and
agrees that all prerequisites to such a determination of rough proportionality have been
met, and that any costs incurred relative to the conveyance, dedication, construction
costs and other payments, if any, for the Public Improvements are related both in nature
and extent to the impact of the Development. The Developer shall indemnify and hold
the Town harmless against any claim by it or others claiming through it, that the
required Public Improvements and associated dedication of land are unlawful
exactions pursuant to the indemnification provision of this Agreement. In addition to
the foregoing sentence, the Developer waives and releases all claims against the Town
related to any and all rough proportionality and individual determination requirements
mandated by Section 212.904, Texas Local Gov’t Code, or the Texas or U.S.
Constitutions as those claims relate to any theory of rough proportionality.
5. Venue and Governing Law. The Parties herein agree that this Agreement shall be
enforceable in Denton County, Texas, without regard to conflict of laws principles,
and if legal action is necessary in connection therewith, exclusive venue shall lie in
Denton County, Texas. The terms and provisions of this Agreement shall be construed
in accordance with the laws and court decisions of the State of Texas.
6. Successor and Assigns. This Agreement shall be binding upon and inure to the
benefit of the parties, hereto, their respective successors and assigns. This Agreement
may not be assigned without written consent of the Parties.
103
7. Legal Construction. In case any one or more of the provisions contained in the
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other
provision of the Agreement, and the Agreement shall be considered as if such invalid,
illegal, or unenforceable provision had never been contained in the Agreement.
8. Counterparts. The Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
9. Texas Public Information Act. Unless otherwise provided by law, all information,
documents, and communications relating to the Agreement shall 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. The requirements of Subchapter
J, Chapter 552, Government Code, may apply to this Agreement and each party agrees
that this Agreement may be terminated with regard to such party if such party
knowingly or intentionally fails to comply with a requirement of that subchapter, if
applicable.
10. Governmental Function(s) and Immunity. The parties hereby acknowledge and agree
that the Town 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 Agreement
shall be construed as constituting a waiver of the Town’s governmental immunity from
suit or liability, which is expressly reserved to the fullest extent allowed by law.
11. Waiver of Attorney’s Fees. The parties expressly covenant and agree that in the event
of any litigation arising between the parties to this Agreement, each party shall be
solely responsible for payment of its attorneys (except as required pursuant to the
indemnity obligations in this Agreement) and that in no event shall either party be
responsible for the other party’s attorneys’ fees regardless of the outcome of the
litigation.
12. Additional Verifications. To the extent required by Texas law, the Developer and
Contractor each verify 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; (2) It
does not “boycott Israel” as that term is defined in Texas Government Code Ch. 2271
and § 808.001 and it will not boycott Israel during the term of this Agreement; and (3)
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.
13. Ethics Disclosure. To the extent required by law, the Developer and Contractor each
represent 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 and the rules promulgated by the
TEC. 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.
104
Executed this, 25th day of September, 2023.
DEVELOPER:
NAME: ______________________________________
BY: _________________________________________
Name:
Title:
Address:
CONTRACTOR:
NAME: ______________________________________
BY: _________________________________________
Name:
Title:
Address:
TOWN OF TROPHY CLUB:
BY: _________________________________________
Jeannette Tiffany, Mayor
ATTEST:
BY: _________________________________________
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
BY: _________________________________________
Dean Roggia, Town Attorney
105
Exhibit A
Parcel 4H
BEING, all of that 3.581-acre (156,000 square foot) tract of land situated in the Richard W. Allen Survey,
Abstract Number 5, in the Town of Trophy Club, Denton County, Texas; being all of that tract of land
described as Trophy Club Parcel 4H in Special Warranty Deed to Trophy Club Estates Development, LP.
as recorded in Document No. 2023-1983 of the Official Records of Denton County, Texas; said 3.581-
acre tract of land being more particularly described by metes and bounds as follows:
BEGINNING, at a 5/8-inch iron rod with “BGE” cap set at the north corner of said Parcel 4H tract; said
point being a reentrant corner in the southwest line of Lot 1X, Block H, The Highlands at Trophy Club
Neighborhood 8 - Phase 2B, an addition to the Town of Trophy Club, as recorded in Document No. 2013-
229 of the Plat Records of Denton County, Texas; from said point a 5/8-inch iron rod with “JACOBS” cap
found for corner bears North 52 degrees 29 minutes 35 seconds West, a distance of 154.16 feet; and
from said point a 5/8-inch iron rod with “JACOBS” cap found for corner bears North 41 degrees 15
minutes 07 seconds East, a distance of 96.91 feet;
THENCE, South 42 degrees 33 minutes 44 seconds East, with the southwest line of said Lot 1X, a
distance of 480.00 feet a 5/8-inch iron rod with “BGE” cap set at the east corner of said Parcel 4H tract;
said point being the most northerly corner of Lot 1, Block G, The Highlands at Trophy Club Neighborhood
8 - Phase 2A, an addition to the Town of Trophy Club, as recorded in Document No. 2012-183 of said
Plat Records;
THENCE, South 47 degrees 26 minutes 16 seconds West, with the north line of said Block G, a distance
of 325.00 feet to a 5/8-inch iron rod with “BGE” cap set at the south corner of said Parcel 4H tract; said
point being a reentrant corner in the north line of said Block G;
THENCE, North 42 degrees 33 minutes 44 seconds West, with the east line of said Block G, a distance of
480.00 feet to a 5/8-inch iron rod with “BGE” cap set at the west corner of said Parcel 4H tract; said point
being a reentrant corner in the southeast line of Block G of said Highlands at Trophy Club Neighborhood
8 - Phase 2B;
THENCE, North 47 degrees 26 minutes 16 seconds East, with the northwest line of said Parcel 4H tract
and the southwest line of second mentioned Block G, a distance of 325.00 feet to the POINT OF
BEGINNING and containing an area of 3.581 acres or156,000 square feet of land, more or less.
106
PROJECT:GAS WELL HOME DEVELOPMENT SITES
LOCATION:TROPHY CLUB, TEXAS
BID DATE:10.3.22
CONTACT:COLIN EGAN
EMAIL:COLIN@NTEXCON.COM
Item Description
No.Qty Unit
4H MAY PUBLIC IFC SCOPE
4H - CYPRESS ESTATES
STORM 24" CL-III RCP (T&G)82 LF
5' X 3' PRECAST BOX CULVERT 50 LF
10' CURB INLET 2 EA
5' X 3' TXDOT WINGWALL 1 EA
ROCK RIPRAP 58 SY
WATER 6" DR-18 WATERLINE 265 LF
2" POLY 382 LF
6" GATE VALVE 2 EA
FIRE HYDRANT 1 EA
1" DOMESTIC SERVICE 9 EA
8" X 6" TAPPING SLEEVE 1 EA
SANITARY 8" SDR-35 SANITARY PIPE 471 LF
4' DIA SS MANHOLE 3 EA
4" DOMESTIC SERVICE W/ CLEANOUT 9 EA
CONCRETE 6" 4000 PSI PAVING 2575 SY
4" 3000 PSI SIDEWALK 1792 SF
4H CYPRESS ESTATES CHANGES:270,026.00$
NORTH TEXAS CONTRACTING, INC.
Bid Bid
Unit Amount
0.00 0.00
0.00 0.00
0.00 0.00
85.00 6,970.00
165.00 8,250.00
4,500.00 9,000.00
4,500.00 4,500.00
85.00 4,930.00
0.00 0.00
0.00 0.00
55.00 14,575.00
32.00 12,224.00
1,850.00 3,700.00
0.00 0.00
4,000.00 4,000.00
500.00 4,500.00
2,100.00 2,100.00
0.00 0.00
50.00 23,550.00
4,500.00 13,500.00
650.00 5,850.00
0.00 0.00
0.00 0.00
55.00 141,625.00
6.00 10,752.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Exhibit B
107
TOWN COUNCIL COMMUNICATION
REGULAR
MEETING DATE: September 25, 2023
FROM: Patrick Arata, Interim Town Administrator
AGENDA ITEM:Public Hearing to consider approval of an ordinance relative to the Service
and Assessment Plan for Authorized Services (Emergency Services) for
the Trophy Club Public Improvement District No. 1 (The Highlands at
Trophy Club), the proposed Assessment Roll, and the levy of Special
Assessments against the property in PID No. 1.
BACKGROUND/SUMMARY:
Annually, the Town Council accepts the Service and Assessment Plan update for Authorized
Services (Emergency Services) for the Town of Trophy Club Public Improvement District No. 1
(The Highlands at Trophy Club), sets the date for a Public Hearing and authorizes the publication
of Notice, and directs the mailings of such Notices as required by law. This notice states the
approximate Total Annual Cost of the Authorized Services, which is figured after receiving the
Fire rate from Trophy Club Municipal Utility District (TCMUD) No. 1.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT:
The Emergency Services District (ESD) in the PID pays for $541,701 worth of fire expenditures
with a rate of $0.05186 which is less than last year’s rate of $0.05625. This is the district’s portion
of fire services; the remainder is paid through the MUD. If the ESD assessment was not in place
the Town would be responsible for covering those expenditures.
LEGAL REVIEW: N/A
ATTACHMENTS:
•Annual Service Assessment Plan (SAP) update (2023) Town of Trophy Club PID No. 1
(ESD2)
•Draft Ordinance 2023-XX
•PID Assessment FY24 Flyer
•Notice of Public Hearing
ACTION/OPTIONS:
Conduct Public Hearing and consider approval of an ordinance relative to the Service and
Assessment Plan for Authorized Services (Emergency Services) for the Trophy Club Public
Improvement District No. 1 (The Highlands at Trophy Club), the proposed Assessment Roll, and
the levy of Special Assessments against the property in PID No. 1.108
109
110
111
112
113
114
115
116
117
118
119
120
PID Assessment Rate 0.05186
67687 470277 537349 580362 583540
73937 470278 557641 580363 583541
82144 470279 557642 580364 583542
83515 470280 557643 580365 583543
84263 470281 557644 580366 583544
98639 470282 557645 580367 583545
98641 470283 557646 580368 583546
171483 470284 557647 580369 583547
305643 470285 557648 580370 583548
315393 470286 557649 580371 583549
329833 470287 557650 580372 583550
338637 470288 557651 580373 583551
465509 470289 557652 580374 583552
465510 470290 557653 580375 583553
465511 470291 557654 580376 583554
465512 470292 557655 580377 583555
465513 470293 557656 580378 583556
465514 470294 557657 580379 583557
465515 470295 557658 580380 583558
465516 470296 557659 580381 583559
465517 470297 557660 580382 583560
465518 470298 557661 580383 583561
465519 470299 557662 580384 583562
465520 470300 557663 580385 583563
465521 498867 557665 580386 583564
465522 498868 557666 580387 583565
465523 498869 557667 580388 583566
465524 498870 557668 580389 583567
465525 498871 557669 580390 583568
465526 498873 557670 580392 583569
465527 498874 557671 580393 583570
465528 498875 557672 580394 583571
465529 498876 557673 580395 583573
465530 498877 557674 580396 583574
465531 498878 557675 580397 583575
465532 498879 557676 580398 583576
465533 498880 557677 580399 583577
465534 498911 557678 580400 583578
465535 498912 557679 580401 583579
465536 498913 557680 580402 583580
Town of Trophy Club
Public Improvement District No. 1
Emergency Services District
2023 Assessment Roll
121
PID Assessment Rate 0.05186
Town of Trophy Club
Public Improvement District No. 1
Emergency Services District
2023 Assessment Roll
465537 498914 557681 580403 583581
465538 498915 557682 580404 583582
465539 498916 557683 580405 583583
465540 498917 557684 580406 583584
465541 498918 557685 580407 583585
465542 498919 557686 580408 583586
465543 498920 557687 580409 583587
465544 498922 558332 580410 583588
465545 498923 558333 580411 583589
465546 498924 558334 580412 583590
465547 498925 558335 580413 583591
465548 498926 558336 580414 583592
465549 498927 558337 581612 583593
465550 498928 558338 583215 583594
465551 498929 558339 583216 583595
465552 498930 558340 583217 583596
465553 498931 558341 583218 583597
465554 498932 558342 583219 583598
465555 498933 558343 583220 583599
465556 498934 558344 583221 583600
465557 498935 558345 583222 583601
465558 498936 558346 583223 583602
465559 498937 558347 583224 583603
465560 498938 558348 583225 583604
465561 498939 558349 583226 583605
465562 498940 558350 583227 583606
465563 498945 558351 583228 583607
465564 498946 558352 583229 583608
465565 498947 558353 583230 583609
465566 498948 558354 583231 583612
465567 498949 558355 583232 583613
465568 498950 558356 583233 583614
465569 498951 558357 583234 583615
465570 498952 558358 583235 583616
465571 498953 558359 583236 583617
465572 498954 558360 583237 583618
465573 498955 558361 583238 583619
465574 498956 558362 583239 583620
465575 523472 558363 583240 583621
465576 525439 558364 583241 583622122
PID Assessment Rate 0.05186
Town of Trophy Club
Public Improvement District No. 1
Emergency Services District
2023 Assessment Roll
465577 533255 558365 583242 583623
465578 533256 558366 583243 583624
465579 533257 558367 583244 583625
465580 533258 558368 583245 583626
465581 533259 558369 583246 583627
465582 533262 558370 583247 583628
465583 533264 558371 583248 583629
466259 533287 558372 583249 583630
466260 533289 558373 583250 583631
466261 533290 558374 583251 583632
469275 533291 558375 583252 583633
469276 533292 558376 583253 583634
469277 533293 558377 583254 583643
469278 533294 558378 583255 583644
469279 533295 558379 583256 583645
469280 533296 558380 583257 583646
469281 533297 558381 583258 583647
469282 533298 558382 583259 583648
469283 533307 558383 583260 583649
469284 533309 558384 583261 583650
469286 533310 558385 583262 583651
469287 533311 558386 583263 583652
469288 533312 558387 583264 583653
469289 533313 558388 583265 583654
469290 533314 558389 583266 583655
469291 533315 558390 583267 583656
469292 533316 558391 583268 583657
469293 533317 558392 583269 583658
469294 533318 558393 583270 583659
469295 533319 558394 583271 583660
469296 533320 558395 583272 583661
469297 533321 558396 583273 583662
469298 533322 558397 583274 583663
469299 533323 558398 583275 583664
469300 533324 558399 583276 583665
469301 533325 558400 583277 583666
469302 533326 558401 583278 583667
469303 533327 558402 583279 583668
469304 533328 558403 583280 583669
469305 533329 558404 583281 583670123
PID Assessment Rate 0.05186
Town of Trophy Club
Public Improvement District No. 1
Emergency Services District
2023 Assessment Roll
469306 533330 558405 583282 583671
469307 533331 558406 583283 583672
469308 533332 558407 583284 583673
469309 533333 558408 583285 583674
469310 533334 558409 583286 583675
469311 533335 558410 583287 583676
469312 533336 558411 583288 583677
469313 533337 558412 583289 583678
469314 533338 558413 583290 583679
469315 533339 558414 583291 583680
469316 533340 558415 583292 583681
469317 533341 558416 583293 583682
469318 533342 558417 583294 583683
469319 533343 558418 583295 583684
469320 533344 558419 583296 583685
469321 533345 558420 583297 583686
469322 533346 558421 583298 583687
469323 533347 558422 583299 583688
469324 533348 558423 583300 583689
469325 533349 558424 583301 583690
469326 533350 558425 583302 583691
469327 533351 558426 583303 583692
469328 533352 558427 583304 583693
469329 533353 558428 583305 620681
469330 533354 558429 583306 621956
469331 533355 558430 583307 622299
469332 533356 558431 583308 622300
469333 533357 558432 583309 622301
469334 533358 558433 583310 622302
469335 533359 558434 583311 622303
469336 533360 558435 583312 622304
469337 533361 558436 583313 622305
469338 533362 558437 583314 622306
469343 533363 558438 583315 622307
469372 533364 558439 583316 622308
470048 533365 558440 583317 622309
470049 533366 558441 583318 622310
470050 533367 558442 583319 622311
470051 533368 558443 583320 622312
470052 533369 558444 583321 622313124
PID Assessment Rate 0.05186
Town of Trophy Club
Public Improvement District No. 1
Emergency Services District
2023 Assessment Roll
470053 533370 558445 583322 622314
470054 533371 558446 583323 622315
470055 533372 558447 583324 622316
470056 533373 558448 583325 622317
470057 533374 558449 583326 622318
470058 533375 558450 583327 622319
470059 533376 558451 583328 622320
470060 533377 558452 583329 622321
470061 533378 558453 583330 622322
470062 533379 558454 583331 622323
470063 533380 558455 583332 622324
470064 533381 558456 583333 622325
470065 533382 558457 583334 622326
470066 533383 558458 583335 622327
470067 533384 558459 583336 622328
470068 533385 558460 583337 622329
470069 533386 558461 583338 622330
470070 533387 558462 583339 631471
470071 533388 558463 583356 635052
470072 533389 558464 583375 635053
470073 533390 558465 583376 635054
470074 533391 558466 583377 635055
470075 533392 558467 583378 635056
470076 533393 558468 583379 635057
470077 533394 558469 583380 635058
470078 533395 558470 583381 635059
470079 533396 558471 583382 635060
470080 533397 558472 583383 635061
470081 533398 558473 583384 635062
470082 533399 558474 583385 635063
470083 533400 558475 583386 635064
470084 533401 558476 583387 635065
470085 533402 558477 583388 635066
470086 533403 558478 583389 635067
470087 533404 558479 583390 635068
470088 533405 558480 583391 635069
470089 533406 558481 583392 635070
470090 533407 558482 583393 635071
470091 533408 558483 583394 635072
470092 533409 558484 583395 635073125
PID Assessment Rate 0.05186
Town of Trophy Club
Public Improvement District No. 1
Emergency Services District
2023 Assessment Roll
470093 533410 558485 583396 635074
470094 533411 558486 583397 635075
470095 533412 558487 583398 635076
470096 533413 558488 583399 635077
470097 533414 558489 583400 635078
470098 533415 558490 583401 635079
470099 533416 558491 583402 635080
470100 533417 558492 583403 635081
470101 533418 558493 583404 635082
470102 533419 558494 583405 635083
470103 533420 558495 583406 635084
470104 533421 558496 583407 635085
470105 533422 558497 583408 635086
470106 533425 558498 583409 635087
470107 533428 558499 583410 635088
470108 533429 558500 583411 635089
470109 533430 558501 583412 635090
470110 533431 558502 583413 635091
470111 533432 558503 583414 635092
470153 533433 558504 583415 635093
470154 533434 558505 583416 635094
470155 533464 558506 583417 635095
470156 533480 558507 583418 635096
470157 533490 558508 583419 635097
470158 533498 558509 583420 635098
470159 533500 558510 583421 635099
470160 533501 558511 583422 635100
470161 534852 558512 583423 635101
470162 534853 558513 583424 635102
470163 534854 558514 583425 635103
470164 534855 558515 583426 635104
470165 534856 558516 583427 635105
470166 534857 558517 583428 635106
470167 534858 558518 583429 635107
470168 534859 558519 583470 635108
470169 534860 558520 583471 635109
470170 534861 558521 583472 635110
470171 534862 558522 583473 635111
470172 534863 558523 583474 635112
470173 534864 558524 583475 635113126
PID Assessment Rate 0.05186
Town of Trophy Club
Public Improvement District No. 1
Emergency Services District
2023 Assessment Roll
470174 534865 558525 583476 635114
470175 534866 558526 583477 635115
470176 534867 558527 583478 635116
470177 534868 558528 583479 635117
470178 534869 558529 583480 635118
470179 534870 558530 583481 635119
470180 534871 558531 583482 635120
470181 534872 558532 583483 635121
470182 534873 558533 583484 635122
470183 534874 558534 583485 635123
470184 534875 558535 583486 635124
470185 534876 558536 583487 635125
470186 534877 558537 583488 635126
470187 534878 558538 583489 635127
470188 534879 558539 583490 635128
470189 534880 558540 583491 635129
470190 534881 558541 583492 635130
470191 534882 558542 583493 635131
470192 534883 558543 583494 635132
470193 534884 558544 583495 635133
470194 534885 558545 583496 635134
470195 534886 567352 583497 635135
470196 534887 567353 583498 635136
470197 534888 567354 583499 635137
470198 534889 567355 583500 635138
470199 534890 567356 583501 635139
470200 534891 567357 583502 635140
470201 534892 567358 583503 635141
470202 534893 567359 583504 635142
470203 534894 567360 583505 635143
470204 534895 567361 583506 635144
470205 534896 567362 583507 635145
470249 534897 567363 583508 635146
470250 534898 567364 583509 635147
470251 536563 567365 583510 635148
470252 536564 567366 583511 635149
470253 536565 567367 583512 635150
470254 536566 567368 583513 635151
470255 536567 567369 583514 635152
470256 536568 567370 583519 635153127
PID Assessment Rate 0.05186
Town of Trophy Club
Public Improvement District No. 1
Emergency Services District
2023 Assessment Roll
470257 536569 567371 583520 635154
470258 536570 567372 583521 635155
470259 536571 567373 583522 635156
470260 536572 580345 583523 635157
470261 536573 580346 583524 635158
470262 536574 580347 583525 635159
470263 536575 580348 583526 635160
470264 536576 580349 583527 635161
470265 536577 580350 583528 635162
470266 536578 580351 583529 650739
470267 536579 580352 583530 657776
470268 536580 580353 583531 667200
470269 536581 580354 583532 681973
470270 536582 580355 583533 730909
470271 536583 580356 583534 730930
470272 536584 580357 583535 733756
470273 536585 580358 583536 744759
470274 536586 580359 583537 942882
470275 536587 580360 583538
470276 536588 580361 583539
128
129
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.
130
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
EMERGENCY SERVICES DISTRICT
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 Emergency Services District (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.
131
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
132
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
EMERGENCY SERVICES DISTRICT
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 Emergency Services District (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.
133
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
134
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
135
136
137
TOWN OF TROPHY CLUB
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT a public hearing will be conducted by the Town
Council of the Town of Trophy Club , Texas on the 25 th day of September, 2023 at 6:00
p.m. at the Municipal Building at 1 Trophy Wood Drive, Trophy Club, Texas 76262 . The
public hearing will be held to consider proposed assessments to be levied against the
assessable property within THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT
DISTRICT NO. 1 (the "District") pursuant to the provisions of Chapter 372 of the Texas
Local Government Code , as amended .
The general nature of the improvements are emergency services (the "Authorized
Services "), including , without limitation, fire suppression and control , inspection services ,
arson investigations , hazardous material response , search and rescue , emergency
recovery and extraction , pre-hospital medical stabilization or transportation of persons
who are sick , injured, wounded, or otherwise incapacitated or helpless including basic life
support ambulance services , advanced life support ambulance services , air ambulance
services , and quick-response unit services provided by the Town . The Town has provided
such services pursuant to an annual assessment within the District since 2007 .
The total annual cost of the Authorized Services for the Town 's Fiscal Year 2023 -
2024 is approximately $541,701 .
The boundaries of the District are described as follows :
The District includes approximately 609.683 acres located within the
corporate limits of the Town of Trophy Club , Denton County , Texas . The
District is generally located to the north of Oakmont Drive , Oak Hill Drive
and the Quorum Condominiums , east of the Lakes Subdivision and
Parkview Drive , south of the Corp of Engineers Property and west of the
Town 's eastern town limits. The District is more particularly described by
metes and bounds and such description is available for inspection at Town
Hall , 1 Trophy Wood Drive , Trophy Club , Texas 76262.
All written or oral objections will be considered at the public hearing.
A copy of the Service and Assessment Plan for Authorized Services and proposed
Assessment Roll , which includes the assessments to be levied against each parcel in the
District , is available for public inspection at the office of the Town Secretary , Town of
Trophy Club , at 1 Trophy Wood Drive, Trophy Club , Texas 76262 .
September , 2023 .
Tammy Dixon ,
Town of Trophy
138
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2023-xx
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB ACCEPTING AND APPROVING A SERVICE AND ASSESSMENT
PLAN FOR AUTHORIZED SERVICES (EMERGENCY SERVICES) AND
AN ASSESSMENT ROLL FOR THE TOWN OF TROPHY CLUB PUBLIC
IMPROVEMENT DISTRICT NO. 1 (THE HIGHLANDS AT TROPHY
CLUB); MAKING A FINDING OF SPECIAL BENEFIT TO THE
PROPERTY IN THE DISTRICT; LEVYING SPECIAL ASSESSMENTS
AGAINST PROPERTY WITHIN THE DISTRICT; PROVIDING FOR
PAYMENT OF THE ASSESSMENTS IN ACCORDANCE WITH CHAPTER
372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; PROVIDING
FOR THE METHOD OF ASSESSMENT AND THE PAYMENT OF THE
ASSESSMENT; PROVIDING PENALTIES AND INTEREST ON
DELINQUENT ASSESSMENTS, PROVIDING FOR SEVERABILITY;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 16, 2007, a petition was submitted and filed with the Town
Secretary of the Town (the “Town Secretary”) pursuant to the Public Improvement District
Assessment Act, Chapter 372, Texas Local Government Code (the “PID Act”), requesting
the creation of a public improvement district over a portion of the area of the Town to be
known as The Town of Trophy Club Public Improvement District No. 1 (the “District”); and
WHEREAS, the petition contained the signatures of the owners of taxable property
representing more than fifty percent of the appraised value of taxable real property liable
for assessment within the District, as determined by the then current ad valorem tax rolls
of the Denton Central Appraisal District and the signatures of property owners who own
taxable real property that constitutes more than fifty percent of the area of all taxable
property that is liable for assessment by the District; and
WHEREAS, on May 7, 2007, after due notice, the Town Council of the Town (the
“Town Council”) held the public hearing in the manner required by law on the advisability
of the public improvements and services described in the petition as required by Sec.
372.009 of the PID Act and made the findings required by Sec. 372.009(b) of the PID Act
and, by Resolution No. 2007-08 adopted by a majority of the members of the Town
Council, authorized the District in accordance with its finding as to the advisability of the
public improvements and services; and
WHEREAS, on May 18, 2007, the Town published notice of its authorization of the
District in the Trophy Club Times, a newspaper of general circulation in the Town; and
139
ORDINANCE NO. 2023 - PAGE 2
WHEREAS, no written protests of the District from any owners of record of property
within the District were filed with the Town Secretary within 20 days after May 18, 2007;
and
WHEREAS, on May 21, 2007, the Council adopted a resolution directing the filing
of a proposed assessment roll, and directing related action; and
WHEREAS, the Town has conducted annual reviews from 2008 through 2022 as
provided in the PID Act and has annually adopted ordinances approving a Service and
Assessment Plan for Authorized Services and an Assessment Roll for The Town of
Trophy Club Public Improvement District No. 1; and
WHEREAS, on September 25, 2023 through the adoption of Resolution No. 2023-
29 and as part of its 2022-2023 annual review of the special assessments for emergency
services, the Town Council, pursuant to Section 372.016(b) of the PID Act, caused the
publication on September 13, 2023 of notice of a public hearing in a newspaper of general
circulation in the Town to consider the proposed “Assessment Roll” and the “Service and
Assessment Plan for Authorized Services” (the “Plan”) and the levy of the “Assessments”
on property in the District; and
WHEREAS, the Town Council, pursuant to Section 372.016(c) of the PID Act,
directed the mailing of notice of the public hearing to consider the proposed Assessment
Roll and the Plan and the levy of Assessments on property in the District to the last known
address of the owners of the property liable for the Assessments; and
WHEREAS, the Town Council convened the hearing at 6:00 p.m. on the 25th day
of September, 2023, at which all persons who appeared, or requested to appear, in
person or by their attorney, were given the opportunity to contend for or contest the Plan,
the Assessment Roll, and each proposed assessment, and to offer testimony pertinent to
any issue presented on the amount of the assessment, the allocation of costs of the
Authorized Services, the purposes of the assessment, the special benefits of the
assessment, and the penalties and interest on delinquent Assessments; and
WHEREAS, pursuant to Sections 372.013 and 372.014 of the PID Act, the Town
Council has directed the preparation of a Service and Assessment Plan for Authorized
Services for the District (the “Plan”), such Plan is attached hereto as Exhibit “A,” covers
a period of at least five years, and defines the annual indebtedness and the projected
costs of the Authorized Services, as identified and defined in the Plan; and
WHEREAS, the Plan includes an assessment plan that apportions the cost of the
Authorized Services to be assessed against property in the District and such
apportionment is made on the basis of special benefits accruing to the property because
of the Authorized Services; and
140
ORDINANCE NO. 2023 - PAGE 3
WHEREAS, the Town Council finds and determines that the Assessment Roll and
the Plan should be approved and that the assessments should be levied as provided in
the Plan and Assessment Roll; and
WHEREAS, the Town Council further finds that there were no written objections
or evidence submitted to the Town Secretary in opposition to the Plan, the allocation of
Costs, the Assessment Roll, and the levy of assessments; and
WHEREAS, the Town Council closed the hearing, and, after considering all written
and documentary evidence presented at the hearing, including all written comments and
statements filed with the Town, determined to proceed with the adoption of this Ordinance
in conformity with the requirements of the PID Act.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
TERMS
Terms not otherwise defined herein are defined in the Service and Assessment Plan for
Authorized Services (the “Plan”) attached hereto and incorporated herein as Exhibit “A.”
SECTION 2.
FINDINGS
The findings and determinations set forth in the preambles are hereby incorporated by
reference for all purposes. The Town Council hereby finds, determines, and ordains, as
follows:
(a)The apportionment of the costs of the Authorized Services pursuant to the Plan is fair
and reasonable, reflects an accurate presentation of the special benefit each property
will receive from the public improvements identified in the Plan, and is hereby
approved;
(b)The Plan covers a period of at least five years and defines projected costs for the
Authorized Services;
(c)The Plan apportions the cost of the Authorized Services to be assessed against
property in the District and such apportionment is made on the basis of special benefits
accruing to the property because of the Authorized Services.
(d)All of the real property in the District which is being assessed in the amounts shown
in the Assessment Roll will be benefited by the Authorized Services proposed to be
provided through the District in the Plan, and each parcel of real property will receive
special benefits in each year equal to or greater than each annual Assessment and
141
ORDINANCE NO. 2023 - PAGE 4
will receive special benefits during the term of the Assessments equal to or greater
than the total amount assessed;
(e)The method of apportionment of the costs of the Authorized Services set forth in the
Plan results in imposing equal shares of the Costs on property similarly benefited, and
results in a reasonable classification and formula for the apportionment of the costs of
the Authorized Services;
(f)The Plan should be approved as the service plan and assessment plan for the District
as described in Sections 372.013 and 372.014 of the PID Act;
(g)The 2022 Assessment Roll in the form attached as Appendix “A” to the Plan (the
“Assessment Roll”) should be approved as the 2023 Assessment Roll for the District;
(h)The provisions of the Plan relating to due and delinquency dates for the Assessments,
interest and penalties on delinquent Assessments and procedures in connection with
the imposition and collection of Assessments should be approved and will expedite
collection of the Assessments in a timely manner in order to provide the services
needed and required for the area within the District; and
(i)A written notice of the date, hour, place and subject to this meeting of the Town
Council was posted at a place convenient to the public for the time required by law
preceding this meeting, as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and that this meeting has been open to the public as
required by law at all times during which this Ordinance and the subject matter hereof
has been discussed, considered, and formally acted upon.
SECTION 3.
ASSESSMENT PLAN
The Plan is hereby accepted and approved pursuant to the PID Act Sections 372.13
and 372.014 as the Service and Assessment Plan for the District.
SECTION 4.
ASSESSMENT ROLL
The Assessment Roll is hereby accepted and approved pursuant to the PID Act Section
372.016 Assessment Roll of the District.
SECTION 5.
LEVY AND PAYMENT OF SPECIAL ASSESSMENTS FOR COSTS OF
IMPROVEMENT PROJECT
(a)The Town Council hereby levies an assessment on each tract of property located
within the District, as shown and described in the Plan and the Assessment Roll, in
142
ORDINANCE NO. 2023 - PAGE 5
the respective amounts shown on the Assessment Roll as a special assessment on
the properties set forth in the Assessment Roll.
(b)The levy of the Assessments shall be effective on the date of execution of this
Ordinance levying assessments and strictly in accordance with the terms of the Plan.
(c)Each Assessment shall be paid annually pursuant to the terms of the Plan.
(d)Each Assessment shall be collected each year in the manner set forth in the Plan by
the Denton County Tax Assessor Collector or other qualified collection agent, duly
authorized by the Town Council.
SECTION 6.
METHOD OF ASSESSMENT
The method of apportioning the costs of the Authorized Services is as set forth in the
Plan.
SECTION 7.
APPOINTMENT OF ADMINISTRATOR
DTA (www.FinanceDTA.com) is hereby appointed and designated as the Administrator
of the Service and Assessment Plan for Authorized Services and of the Assessments
levied by this Ordinance. The Administrator shall perform the duties of the Administrator
described in the Plan and in this Ordinance. In addition to other applicable costs of
collection, whether legally authorized by contract or other District document, the
Administrator’s fees, charges, and expenses for providing such service shall constitute
Collection Costs.
SECTION 8.
PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS
Delinquent assessments shall be subject to the penalties, interest, procedures, and
foreclosure sales set forth in the Plan. The Assessments shall have lien priority as
specified in the PID Act and the Plan.
SECTION 9.
APPLICABILITY OF TAX CODE
To the extent not inconsistent with this Ordinance, and not inconsistent with the PID Act
or the other laws governing public improvement districts, the provisions of the Texas Tax
Code shall be applicable to the imposition and collection of Assessments by the Town.
143
ORDINANCE NO. 2023 - PAGE 6
SECTION 10.
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 11.
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 12.
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.
ADOPTED, PASSED, and APPROVED by the Town Council, by a vote of _____
members voting “for” and members voting “against” and with absentee, on this
25th day of September 2023.
Jeannette Tiffany, Mayor
Town of Trophy Club, Texas
ATTEST:[SEAL]
Tammy Dixon, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Dean Roggia, Town Attorney
Town of Trophy Club, Texas
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EXHIBIT A
SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES FOR
THE DISTRICT (THE “PLAN”)
145
TOWN COUNCIL COMMUNICATION
REGULAR
MEETING DATE: September 25, 2023
FROM: Tammy Dixon, Town Secretary
AGENDA ITEM: Discuss, consider, and take action regarding an ordinance amending
Section 1.08.032 entitled “Board Established, Membership, Meetings” of
Chapter 1, “General Provisions”; Article 1.08, “Parks and Recreation”;
and Division 2 “Parks and Recreation Board” of the Town’s Code of
Ordinances, by increasing the number of board members to provide for
alternate members, and by establishing “Places and Terms.”
BACKGROUND/SUMMARY:
This item is being brought forward at the request of Mayor Tiffany.
The proposed ordinance increases the number of seats on the Parks and Recreation Board from
seven to nine by providing for two alternates.
Additionally, it repeals the terms subsection and replaces it with a new subsection entitled
“Places and terms” as follows:
(A) Members shall be designated as places number one through nine, with places eight and
nine designated as alternates.
(B) The term of office of members of the board shall be for two years. Places one, three, five,
seven and nine shall be appointed to two-year terms ending on September 30 in odd-
numbered years. Places two, four, six, and eight shall be appointed to two-year terms
ending on September 30 in even-numbered years. Members of the Board may be
removed before their terms of office expire.”
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed and approved the draft ordinance
as to form.
ATTACHMENTS:
Draft Ordinance
Redline Current Ordinance
146
ACTION/OPTIONS:
Move to approve/deny an ordinance amending Section 1.08.032 entitled “Board Established,
Membership, Meetings” of Chapter 1, Article 1.08, Division 2 entitled “Parks and Recreation
Board” of the Town’s Code of Ordinances, by increasing the number of board members to provide
for alternates, providing a place system, and terms.
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2023-XX
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS;
AMENDING SECTION 1.08.032 “BOARD ESTABLISHED,
MEMBERSHIP; MEETINGS” OF CHAPTER 1 “GENERAL
PROVISIONS”; ARTICLE 1.08 “PARKS AND RECREATION”; AND
DIVISION 2 “PARKS AND RECREATION BOARD” OF THE TOWN’S
CODE OF ORDINANCES, BY INCREASING THE NUMBER OF BOARD
MEMBERS TO PROVIDE FOR ALTERNATE MEMBERS, AND BY
ESTABLISHING “PLACES AND TERMS”; PROVIDING THIS
ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) is
a home rule municipality empowered to do all acts and make all regulations which may
be necessary or expedient for the promotion of the public health, safety and general
welfare; and
WHEREAS, the Town has approximately one thousand acres of parkland
available for the use and enjoyment of its residents; and
WHEREAS, with the existing parkland, the Parks and Recreation Board plays a
vital role in making recommendations regarding recreational amenities and park and
recreational opportunities within the Town; and
WHEREAS, because parkland and recreational amenities are intended for the
benefit and enjoyment of the residents of the Town, it is important to allow those
residents to play a key role in shaping the expansion and development of parkland and
recreational opportunities; and
WHEREAS, the Parks and Recreation Board allows residents to play a more
active role and to provide direct citizen input to the Town staff for the development of
parks and recreational facilities for the Town; and
WHEREAS, the Town Council has determined it appropriate to increase the
number of members serving on the Parks and Recreation Board in order to facilitate
more efficient meetings,
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
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ORDINANCE NO. 2023-XX PAGE 2
SECTION 1.
INCORPORATION OF PREMISES
All of the premises and recitals above are true and correct and are hereby
incorporated in the body of this Ordinance as if fully set forth herein.
SECTION 2.
AMENDMENTS
Section 1.08.032 “Board established; membership; meetings” of Division 2
entitled “Parks and Recreation Board” of Article 1.08 entitled “Parks and Recreation” of
Chapter 1 “General Conditions” of the Code of Ordinances, Town of Trophy Club, Texas
(the “Code”) is hereby amended by revising the introductory paragraph and by replacing
subsection (3) in its entirety to read as follows:
§ 1.08.032 Board established; membership; meetings.
“The parks and recreation board shall consist of seven (7) regular members and
two (2) alternate members and is hereby established as follows:”
…
“3.Places and terms.
(A) Members shall be designated as place numbers one through nine,
with places eight and nine designated as alternates.
(B) The term of office of members of the board shall be for two (2) years.
Places one, three, five, seven, and nine shall be appointed to two-
year terms ending on September 30 in odd-numbered years. Places
two, four, six, and eight shall be appointed to two-year terms ending
on September 30 in even-numbered years. Members of the board
may be removed before their terms of office expire.”
All other subsections not revised herein remain unaltered.
SECTION 3.
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.
149
ORDINANCE NO. 2023-XX PAGE 3
SECTION 4.
SEVERABILITY
It is hereby declared to be the intention of the Town Council that the sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if
any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared
unconstitutional by a the 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 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with State law and the Town’s Home Rule
Charter.
SECTION 6.
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 of Trophy Club, Texas, this the 25th day
of September 2023.
Jeannette Tiffany, Mayor
ATTEST:
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
Dean Roggia, Town Attorney
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The following Code does not display images or complicated formatting. Codes should be viewed online. This
tool is only meant for editing.
§ 1.08.032 Board established; membership; meetings.
The parks and recreation board shall consist consisting of seven (7) regular members and two (2) alternate
members is hereby established as follows:
(1) Qualifications.Members shall be residents of the town.
(2) Compensation.Members shall serve without compensation.
(3)Staggered terms.Members’ terms shall be for two (2) years each and expiration of those terms shall be
staggered. Places on the board shall be numbered 1 through 7. Places 1 through 3 on the initial board
shall serve for a term of two (2) years, and places 4 through 7 shall serve an initial term of one (1) year.
Upon expiration of that one (1) year term, members appointed to those seats shall serve on a regular two
(2) year term interval.
“Places and Terms.
(A)Members shall be designated as places number one through nine, with places eight and nine
designated as alternates.
(B)The term of office of members of the board shall be for two (2) years. Places one, three, five, seven
and nine shall be appointed to two-year terms ending on September 30 in odd-numbered years.
Places two, four, six, and eight shall be appointed to two-year terms ending on September 30 in even-
numbered years. Members of the Board may be removed before their terms of office expire.”
(4) Hold-over when replacement member has not qualified.If a replacement has not qualified upon the
expiration of a member’s term, then that member shall continue his/her membership until replaced.
(5) Officers.The council shall annually elect a chairperson. The board shall annually elect a vice-
chairperson and a secretary.
(A) The chairperson shall preside over meetings and shall be entitled to vote upon each issue. The board
shall conduct its meetings in accordance with the town’s board, commission and committee handbook.
(B) The vice-chairperson shall assist the chairperson in directing the affairs of the board. In the absence of
the chairperson, the vice-chairperson shall assume all duties of the chairperson. In the event that the
vice-chairperson is absent, the proceedings shall be conducted in accordance with Robert’s Rules of
Order.
(C) The secretary shall review minutes of all meetings, and in the secretary’s absence the chairperson shall
designate another member to act as secretary. Upon approval by the board, the secretary shall sign the
official copy of the minutes. The secretary shall distribute, once a year at the first regular meeting, a
copy of the current parks and recreation ordinance.
(6) Director participation.The director of the parks and recreation department shall be in attendance at the
board meetings. The director shall participate in meetings to provide staff assistance, reports, and
recommendations as requested by the board.
(7) Director to be ex-officio member.The director shall be an ex-officio member of the board, with the
responsibility to participate in discussions but without the right to vote.
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(8) Absence from meetings.
(A) A member’s absence from three (3) meetings annually without formal consent of the board shall be
deemed to constitute the resignation of that member and shall be certified by the chairperson to the town
council. A member’s absence will be considered at the next regularly scheduled meeting following the
absence.
(B) Members should attempt to make all regular meetings; however, if a member finds difficulty in
maintaining regular attendance, it is suggested that the member consider whether he/she has sufficient
time to be an effective member. It is the responsibility of a member in this position to initiate a
discussion with the chair or staff liaison about attendance.
(C) The chairperson of the board is to maintain a charted attendance record for all members. If attendance
becomes an issue, the staff liaison will attempt to secure a written resignation.
(9) Meetings.Regular meetings shall be held at least once a month on the date and at the time established by
the board as provided in this division, unless the chairperson designates another time, date and place and
all members of the board are notified at least seven (7) days in advance.
(10) Quorum.A majority of members shall constitute a quorum.
(11) Minutes.Minutes of each board meeting shall be filed with the town secretary.
(Ordinance 2005-27, sec. 3, adopted 12/5/05; 2006 Code, ch. 9, sec. 1.02; Ordinance 2008-32, sec. II,
adopted 10/6/08; Ordinance 2015-22 adopted 8/25/15)
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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 8.28.23
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
Future Agenda Items
Future Agenda Item
Hogans Glen drainage.
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.
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. Footnotes may be added.
The strategic plan will be addressed at a future workshop.
August 28, 2023
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. On August 28, 2023, the
Council directed the Town Attorney to create an easement agreement with the
HOA.
Improvements at the existing Trophy Lake/Club Drive roundabout crosswalks.
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 in a November
or December 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.
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.
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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
8.18.23 Interim TM
Arata
8.18.23
8.25.20 CM Shoffner 1.10.23
¹8.28.23 CM Sheridan 8.28.23
11
9.11.23 CM Flynn 9.11.23
Mayor Tiffany would like to fully update and revise the 1997 comprehensive
land plan, which will include a park master plan.
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.
MUD feasibility report.
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. TnP and the Town attorney
are working on agreements for Phase II. Halff will be at the October Council
meeting to discuss the pool project.
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. A workshop for the
roundabouts will be November 13, 2023. ¹
On September 11, 2023, Councilmember Flynn asked to review the full MUD
feasibility report from NewGen at the second Council meeting in October.
Bobcat roundabouts.
Councilmember Sheridan added a workshop to be scheduled in November after sufficient data has accumulated to
discuss and learn about the best solution for traffic control by the High School.
Trophy Club community pool.
154