01.08.2024 TC Agenda PacketTOWN OF TROPHY CLUB
MEETING AGENDA
TOWN COUNCIL
1 Trophy Wood Drive
Trophy Club, Texas 76262
January 8, 2024 7:00 PM Council Chambers
CALL TO ORDER AND ANNOUNCE A QUORUM
INVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes
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. The Council is not
permitted to discuss or take action on any presentations made. Presentations are limited to
matters over which the Council has authority. Speakers have up to three (3) 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.Working for You... Trophy Club
a)Update from Town Council Members
b)Update from Town Manager (Brandon Wright, Town Manager)
c)Quick Civic Tip (Dean Roggia, Town Attorney)
2.Young Men's Service League - Jill Sida
CONSENT AGENDA
3.Consider approval of the December 11, 2023, Town Council Work Session and Regular
Meeting Minutes. (Tammy Dixon, Town Secretary)
Page 1 of 78
4. Consider approval of an ordinance authorizing and calling for a general election to be
held on May 4, 2024, and if required, a runoff election on June 15, 2024, for the purpose
of electing council members to Town Council Place 3 and Town Council Place 4, and
establishing procedures for the election; and providing an effective date. (Tammy Dixon,
Town Secretary)
5. Case FP-24-001 Triple Crown Estates
Consider approval of a Final Plat for Lots 1-6 and 7X, Block A, Triple Crown Estates,
consisting of 2.992 acres of land out of the Mary Medlin Survey, Abstract No. 832, located
south of Trophy Park Drive, east of Nottingham Court, west of Churchill Downs Lane,
Trophy Club, Texas (Matt Cox, Director of Community Development)
6. 4th Quarter Investment Report. (April Duvall, Director of Finance)
INDIVIDUAL ITEMS
7. Discuss and consider approval of an ordinance amending Chapter 1 "General
Provisions," Article 1.09, "Special Events" (Brandon Wright, Town Manager)
8. Discuss and consider approval of a public drainage easement agreement with the
Homeowners Association of Hogan’s Glen, Inc. (Brandon Wright, Town Manager)
ADJOURN
The Town Council may convene into executive session to discuss posted items as allowed
by Texas Government Code Sections 551.071 through 551.076 and Section 551.087.
CERTIFICATION
I do hereby certify that the Notice of Meeting was posted on the bulletin board at the Town Hall
for the Town of Trophy Club, Texas, in a place convenient and readily accessible to the general
public at all times on the following date and time: January 5, 2024, at 2:15 p.m. and said Notice
of Meeting was also posted concurrently on the Town’s website in accordance with Texas
Government Code Ch. 551 at least 72 hours prior to the scheduled time of said meeting.
/s/ Tammy Dixon
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.
Page 2 of 78
TOWN COUNCIL COMMUNICATION
MEETING DATE: January 8, 2024
FROM:
AGENDA ITEM: Young Men's Service League - Jill Sida
BACKGROUND/SUMMARY:
BOARD REVIEW/CITIZEN FEEDBACK:
FISCAL IMPACT:
LEGAL REVIEW:
ATTACHMENTS:
None
ACTIONS/OPTIONS:
Page 3 of 78
TOWN COUNCIL COMMUNICATION
MEETING DATE: January 8, 2024
FROM: Tammy Dixon, Town Secretary
AGENDA ITEM: Consider approval of the December 11, 2023, Town Council Work Session and
Regular Meeting Minutes. (Tammy Dixon, Town Secretary)
BACKGROUND/SUMMARY: The Town Council held a work session and regular meeting on
December 11, 2023.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS:
1. Draft minutes 12.11.2023
ACTIONS/OPTIONS:
Move to approve the December 11, 2023, work session and regular meeting minutes.
Page 4 of 78
Town of Trophy Club
Work Session and Regular Meeting Minutes
December 11, 2023
1 Trophy Wood Drive, Trophy Club, Texas 76262
CALL WORK SESSION TO ORDER AND ANNOUNCE A QUORUM
Mayor Tiffany called the Town Council work session to order at 6:00 p.m.
COUNCILMEMBERS PRESENT
Jeannette Tiffany, Mayor
Dennis Sheridan, Mayor Pro Tem
Stacey Bauer, Councilmember Place 1
Steve Flynn, Councilmember Place 6
LuAnne Oldham, Councilmember Place 5
Jeff Beach, Councilmember Place 2
Karl Monger, Councilmember Place 4
COUNCILMEMBERS ABSENT
None
STAFF MEMBERS PRESENT
Brandon Wright, Town Manager
Tammy Dixon, Town Secretary
Dean Roggia, Town Attorney
Jason Wise, Fire Chief
Patrick Arata, Police 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
WORK SESSION ITEM
1.Discussion on the Town of Trophy Club Intersection Traffic Study and traffic issues
within the Town of Trophy Club.
Mayor Tiffany invited the audience to speak on this topic.
Town Manager Wright stated this would be a good opportunity to take a pause to
allow for a comprehensive review of the project to include evaluating and gathering
additional information to define the key issues and desired outcomes, to receive
Page 5 of 78
Town Council Regular Meeting Minutes-December 11, 2023 Page 2
community input and to develop a plan with options including the pros and cons for Town
Council consideration.
It was the consensus of the Town Council to move forward with Mr. Wright’s
recommendation.
ADJOURN WORK SESSION
Mayor Tiffany adjourned the work session at 6:27 p.m.
CALL REGULAR MEETING TO ORDER
Mayor Tiffany called the regular meeting to order at 7:00 p.m.
INVOCATION
Councilmember Oldham, led the invocation.
PLEDGES
Councilmember Monger led the Pledge of Allegiances to the American and
Texas Flags.
PUBLIC COMMENTS
Sara Monger, 192 Durango Drive, spoke on behalf of the Trophy Club Women’s
Club.
PRESENTATIONS
1. Administer Oath of Office to new Town Manager Brandon Wright. (Mayor Tiffany)
Mayor Tiffany provided the Oath of Office to Town Manager Brandon Wright.
2. Badge Pinning Ceremony – Police Department. (Patric Arata, Police Chief)
Chief Arata welcomed the Town’s two newest officers Tyler Billups and Kyle
Calderone; and newly promoted Seargent Joshua Hernandez. Judge Eric Ransleben
provided the Oaths of Office and the badge pinning ceremony followed.
COMMUNITY SPOTLIGHT
1. Vicki Hardy, Lakeview Elementary 40-Year Anniversary Update
Ms. Hardy gave a presentation and spoke about the history of Lakeview
Elementary along with prior and current students and staff.
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Town Council Regular Meeting Minutes-December 11, 2023 Page 3
2. Working for You . . . Trophy Club
a) Trophy Club Meet and Greet Open House
Mayor Tiffany invited the community to attend the Trophy Club Meet and Greet
Open House scheduled for Wednesday, January 17, 2024, from 5:00 – 7:00 p.m. to
welcome Brandon Wright, Town Manager, Tour Town Hall, meet Board and Commission
members, and Town Staff.
b) Update from Town Council Members
Mayor Pro Tem Sheridan reminded everyone of the Wreaths Across America
Trophy Club event taking place on Saturday, December 16, 2023, at 11:00 AM at Medlin
Cemetery.
Councilmember Oldham spoke about the Tarrant Area Food Bank.
Councilmember Flynn spoke about having lost a friend recently, which reminded
him of the importance of checking in on friends, neighbors, and family, especially as we
get into the winter months.
Mayor Tiffany announced the Town’s next General Election will be held on May 4,
2024, for Place 3, currently held Mayor Pro Tem Sheridan and Place 4, currently held by
Councilmember Monger. She stated the filing period would begin on January 17th and
end on February 16, 2024.
c) Update from Town Manager
Town Manager Wright congratulated the Finance Department on their GFOA
Certificate of Excellence award for their FY 2022 Annual Comprehensive Financial
Report; thanked everyone who attended the Christmas in the Park event on December
09, 2023; echoed Mayor Pro Tem Sheridan’s message regarding the Wreath’s Across
America event; reminded everyone of the Town’s holiday closures; advised laptops had
been purchased for the Town Council to provide better connectivity; and provided an
update on the Parks and Recreation Director position.
d) Quick Civic Tip
Town Attorney Roggia provided a summary of the Open Meetings Act as it pertains
to Social Gatherings.
CONSENT AGENDA
3. Consider approval of the November 13, 2023, Town Council Meeting Minutes.
(Tammy Dixon, Town Secretary)
Page 7 of 78
Town Council Regular Meeting Minutes-December 11, 2023 Page 4
4.Consider approval of an agreement with SHI Government Solutions, Inc. for
Microsoft Office 365 licenses in the amount of $54,807.24; and authorization for
the Town Manager to execute same on behalf of the Town.
Councilmember Beach moved to approve consent agenda items 3 - 4.
Councilmember Flynn seconded the motion.
VOTE ON THE MOTION
AYES: Bauer, Flynn, Sheridan, Tiffany, Beach, Monger, Oldham
NAYES:None
VOTE:7-0
INDIVIDUAL ITEMS
5.Case SUP23003 Hutchins BBQ Alcohol On-Premises
Conduct a Public Hearing and consider approval of an ordinance for a request
made by Hutchins BBQ Restaurant for a Specific Use Permit for alcoholic
beverage sales for on-premises consumption in conjunction with a restaurant use,
located at 3000 E. Highway 114, Trophy Club, Texas
Mayor Tiffany opened the public hearing at 7:41 p.m.
Mr. Cox gave a presentation on the request for an SUP and stated the
application was in compliance with the Town’s ordinances.
Planning and Zoning Chairman Biggs stated the Commission voted unanimously
in favor for the SUP.
No one spoke in favor or opposition.
Mayor Tiffany closed the public hearing at 7:43 p.m.
Councilmember Flynn moved to approve Ordinance 2023-22 approving a request
by Hutchins BBQ Restaurant for a Specific Use Permit for alcoholic beverage sales for
on-premises consumption in conjunction with a restaurant use, located at 3000 E.
Highway 114, Trophy Club, Texas. Councilmember Bauer seconded the motion. The
caption of the ordinance reads as follows:
ORDINANCE NO. 2023-22
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A
SPECIFIC USE PERMIT FOR ALCOHOLIC BEVERAGE SALES FOR ON-PREMISES
CONSUMPTION IN CONJUNCTION WITH A RESTAURANT USE OPERATED BY THE
ORIGINAL ROY HUTCHINS BBQ, LOCATED ON LOT 2R2, BLOCK B OF TROPHY
WOOD BUSINESS CENTER, WITHIN PD PLANNED DEVELOPMENT NO. 25;
PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING APPLICABLE
REGULATIONS, DISCONTINUATION, & REVOCATION; PROVIDING A SAVINGS
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Town Council Regular Meeting Minutes-December 11, 2023 Page 5
AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
VOTE ON THE MOTION
AYES: Bauer, Flynn, Sheridan, Tiffany, Beach, Monger, Oldham
NAYES:None
VOTE:7-0
6.Case RP-23-001 Replat NISD High School No. 2, for Block 1, Lot 2R
Conduct a public hearing and consider a request made by the Town of Trophy
Club for a replat for Block 1, Lot 2R, NISD High School No. 2, to accommodate
right-of-way and access on a lot legally described as Block 1, Lot 2, NISD High
School No. 2, approximately 1.725 acres. The property is generally located east of
Bobcat Boulevard and south of Middleton Drive, in the Town of Trophy Club,
Denton County, Texas
Mayor Tiffany opened the public hearing at 7:45 p.m.
Mr. Cox gave a presentation on the replat noting the purpose was to provide
right-of-way access to the Bobcat Villages Phases 1 and 2 subdivisions.
Chairman Biggs stated the minor changes to the plat had no bearing on the
Planning and Zoning Commission recommended approval.
No one spoke in favor or opposition.
Mayor Tiffany closed the public hearing at 7:50 p.m.
Mayor Pro Tem Sheridan requested the shaded areas on the plat be noted in the
legend and to correct Note 3 inserting the correct name where it has (entity).
Mr. Cox and Town Attorney Roggia answered questions from the Town Council.
Mayor Pro Tem Sheridan moved to approve a request made by the Town of Trophy
Club for a replat for Block 1, Lot 2R, NISD High School No. 2, to accommodate right-of-
way and access on a lot legally described as Block 1, Lot 2, NISD High School No. 2,
approximately 1.725 acres and to amend the legend to reflect the shaded areas.
Councilmember Oldham seconded the motion.
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Town Council Regular Meeting Minutes-December 11, 2023 Page 6
VOTE ON THE MOTION
AYES: Bauer, Flynn, Sheridan, Tiffany, Beach, Monger, Oldham
NAYES:None
VOTE:7-0
7.Case FP-23-005 Bobcat Village Phase 1 Final Plat, formerly Well Site 1H
Discuss, consider and take action on a Final Plat for Bobcat Village Phase 1
(formerly Well Site 1H) containing ±2.7886 acres of land located east of Bobcat
Boulevard, south and east of Halifax Street, and north of Byron Nelson High
School.
Mr. Cox gave a presentation on the final plat noting approval history, site history
and details on the proposed development.
Chairman Biggs stated the Planning and Zoning Commission unanimously
approved recommendation of the final plat.
Mayor Pro Tem Sheridan moved to approve a Final Plat for Bobcat Village Phase
1 (formerly Well Site 1H) containing ±2.7886 acres of land located east of Bobcat
Boulevard, south and east of Halifax Street, and north of Byron Nelson High School.
Councilmember Oldham seconded the motion.
VOTE ON THE MOTION
AYES: Bauer, Flynn, Sheridan, Tiffany, Beach, Monger, Oldham
NAYES:None
VOTE:7-0
8.Case FP-23-006 Bobcat Village Phase 2 Final Plat, formerly Well Site 1HB
Discuss, consider and take action on a Final Plat for Bobcat Village Phase 2
(formerly Well Site 1HB) containing ±2.106 acres of land located east of Bobcat
Boulevard, east of Halifax Street, and north of Byron Nelson High School.
Mr. Cox gave a presentation on the final plat noting it was brought forward at the
same time as Phase 1 and he provided details on the proposed development.
Chairman Biggs stated the Planning and Zoning Commission unanimously
approved recommendation of the final plat.
Mayor Pro Tem Sheridan moved to approve a Final for Bobcat Village Phase 2
(formerly Well Site 1HB) containing ±2.106 acres of land located east of Bobcat
Boulevard, east of Halifax Street, and north of Byron Nelson High School.
Councilmember Oldham seconded the motion.
Page 10 of 78
Town Council Regular Meeting Minutes-December 11, 2023 Page 7
VOTE ON THE MOTION
AYES: Bauer, Flynn, Sheridan, Tiffany, Beach, Monger, Oldham
NAYES:None
VOTE:7-0
9. Presentation of MUD Feasibility Study by Chris Ekrut of NewGen; and discussion
and consideration of same.
Mr. Ekrut gave a presentation on the MUD Feasibility Study and answered
questions from the Town Council.
Mr. Wright recommended, and the Council concurred, the Town continue to
engage with the MUD to maintain effective relationships with the involvement of the adhoc
committee and to explore the following:
•Possibility, if any, to include PID residents in having a voice on the MUD?
•Opportunities for shared buying opportunities.
•Communicate about road projects and water/sewer repairs.
•Hold Strategic Planning sessions with the MUD to streamline some of the costs.
Discussion of the Fire Department component needs to occur.
•Can the MUD’s control over the PID be reversed?
•Establish working groups to build relationships with the MUD.
Mayor Tiffany filed a Conflict of Interest form with the Town Secretary’s Office
pertaining item 10 and left the Council chambers at 8:37 p.m. Mayor Pro Tem Sheridan
presided over this item.
10. Discuss and consider approval of a public drainage easement agreement with the
Homeowners Association of Hogan’s Glen, Inc.; and authorization for the Mayor to
execute same on behalf of the Town.
11.
Town Attorney Roggia provided a briefing to the Town Council explaining there
was an outstanding minor issued relating to the boundary of the easement.
Mayor Por Tem Sheridan moved to postpone this item to the January 8, 2024,
Town Council meeting. Councilmember Oldham seconded the motion.
VOTE ON THE MOTION
AYES: Bauer, Sheridan, Beach, Monger, Oldham
NAYES:Flynn
ABSENT:Tiffany
VOTE:6-1-0
Mayor Tiffany returned at 8:39 p.m.
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Town Council Regular Meeting Minutes-December 11, 2023 Page 8
12.Discussion on the Town Council Retreat to be held in January 2024.
Mr. Wright provided the outline for the Town Council Retreat scheduled for January
19th and 20th. He stated the first day would include governance training setting the
groundwork of working together with staff; day two would include discussions on the
Comprehensive Plan, Parks Master Plan, Town Council’s goals, and budget review as
required by the Town Charter.
A discussion ensued regarding the cost of utilizing an outside facilitator for the
retreat. Mr. Wright stated the costs would be explored to utilize a facilitator for the
Governance Training portion only.
13. Discuss and consider approval of the 2024 Town Council meeting dates.
Ms. Dixon provided a review of the proposed 2024 Town Council meeting dates.
Councilmember Flynn moved to approve the 2024 Town Council meeting dates.
Councilmember Bauer seconded the motion.
VOTE ON THE MOTION
AYES: Bauer, Flynn, Sheridan, Tiffany, Beach, Monger, Oldham
NAYES:None
VOTE:7-0
14. Future Agenda Items
Mr. Wright stated he would need time to review the items and will provide an
update at a future meeting.
EXECUTIVE SESSION/REGULAR SESSION
Pursuant to the Open Meetings Act, Chapter 551, the Town Council convened into a
Closed Executive Session at 9:01 p.m. and reconvened into Regular Session at 9:41 p.m.
in accordance with the Texas Government Code regarding:
Section 551.071, Consultation with Town Attorney to seek legal advice regarding the
parking agreement with HG SPLY Trophy Club, a Texas Corporation. No Action Taken.
Section 551.071, Consultation with Town Attorney to seek legal advice regarding Article
1.09 “Special Events” of the Town Code of Ordinances. No Action Taken.
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Town Council Regular Meeting Minutes-December 11, 2023 Page 9
Mayor Tiffany adjourned the Town Council meeting at 9:41 p.m.
____________________________
Jeannette Tiffany, Mayor
Attest:
_______________________________
Tammy Dixon, Town Secretary
Page 13 of 78
TOWN COUNCIL COMMUNICATION
MEETING DATE: January 8, 2024
FROM: Tammy Dixon, Town Secretary
AGENDA ITEM: Consider approval of an ordinance authorizing and calling for a general
election to be held on May 4, 2024, and if required, a runoff election on June
15, 2024, for the purpose of electing council members to Town Council Place
3 and Town Council Place 4, and establishing procedures for the election; and
providing an effective date. (Tammy Dixon, Town Secretary)
BACKGROUND/SUMMARY: The Town's General Election will be held on the first Saturday in
May in accordance with state law. Councilmembers Places 3 and 4 shall be elected at the
General Election, and each for a three-year term. The Town Secretary's Office is responsible for
conducting municipal elections as prescribed by the Texas Election Code. In accordance with
Section 271.002 of the Texas Election Code, the Town's election will be conducted jointly with
other political subdivisions in Denton and Tarrant County. The proposed ordinance calls for the
May 4, 2024, election, and establishes the procedures for the election.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT:
Budgeted: Yes
Proposed Expenditure: $19,500
Budget Amount: $19,500
Fund/Department: General Fund/Town Secretary's Office
The budgeted funds are estimates recognizing that the actual costs of the joint election will be
distributed among each participating agency in each respective county.
LEGAL REVIEW: Dean Roggia, Town Attorney, has reviewed the draft ordinance as to form and
legality.
ATTACHMENTS:
1. Draft Ordinance May 4 Election
ACTIONS/OPTIONS:
Move to approve an ordinance authorizing and calling for a general election to be held on May 4,
2024, and if required, a runoff election on June 15, 2024, for the purpose of electing council
members to Town Council Place 3 and Town Council Place 4, and establishing procedures for the
election; and providing an effective date .
Page 14 of 78
Page 15 of 78
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2024-
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AUTHORIZING AND CALLING FOR A
GENERAL ELECTION TO BE HELD ON MAY 4, 2024 AND, IF
REQUIRED, A RUNOFF ELECTION ON JUNE 15, 2024, FOR THE
PURPOSE OF ELECTING COUNCIL MEMBERS TO TOWN COUNCIL
PLACE 3 AND TOWN COUNCIL PLACE 4; PRESCRIBING THE TIME
AND DESIGNATING THE LOCATIONS AND MANNER OF
CONDUCTING THE ELECTION TO BE IN ACCORDANCE WITH THE
JOINT ELECTION AGREEMENTS FOR ELECTION SERVICES WITH
DENTON AND TARRANT COUNTIES; AUTHORIZING THE TOWN
MANAGER TO EXECUTE THE AGREEMENTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (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, Section 41.001 of the Texas Election Code (the "Code") specifies
that the first Saturday in May shall be a "uniform election date" and that a general
election may be held on such day; and,
WHEREAS, state law and the charter of the Town of Trophy Club require that a
general election be held; and,
WHEREAS, the regular election for Town Council members of the Town of
Trophy Club is required to be held on May 4, 2024, at which time the voters will elect
persons to fill the offices of Town Council Place 3 and Town Council Place 4; and
WHEREAS, the Town Council finds that it is in the public interest to enter into a
joint election agreement and election services contract with Denton County and Tarrant
County to provide the most efficient and convenient voting opportunities; and
WHEREAS, the intention of the Town Council, via adoption of this Ordinance, is
to call an election, designate a polling place, appoint necessary election officers,
establish procedures for conducting the election, and authorize the Town Manager to
execute joint election agreements whereby the general election will be administered by
the Denton County and Tarrant County Elections Administrators.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS, THAT:
Page 16 of 78
ORDINANCE NO.2024- PAGE 2
SECTION 1.
INCORPORATION. The facts and recitations contained in the above preamble of
this Ordinance are hereby incorporated herein for all purposes.
SECTION 2.
GENERAL ELECTION CALLED. The Town Council hereby calls and orders a
General Uniform Election to be held on May 4, 2024, between the hours of 7:00 a.m.,
and 7:00 p.m., for the purpose of electing Council Members to Town Council Places 3
and 4, for a three-year term each, ending May 2027, or until their successor is duly
elected, or appointed, and qualified. Such election shall be conducted in accordance
with the provisions of the Code and held via the joint election agreements with both
Tarrant and Denton counties, respectively.
SECTION 3.
APPLICATION FOR A PLACE ON THE BALLOT. Eligible persons wishing to
file as candidates must file an application with the Town Secretary of the Town of
Trophy Club at1 Trophy Wood Drive, Trophy Club, Texas, 76262, and may do so
beginning at 8:00 a.m., January 17, 2024, and continuing through February 16, 2024,
until 5:00 p.m. Each application shall be on a form meeting the requirements of Section
141.031 of the Texas Election Code. The order in which the names of the candidates
are to be printed on the ballot shall be determined by a drawing by the Town Secretary.
Notice of the time and place for such drawing shall be given in accordance with the
Charter and State Law.
SECTION 4.
AGREEMENT WITH DENTON AND TARRANT COUNTIES. Prior to the election,
the Town anticipates that it will enter into an agreement for election services with
Denton and Tarrant Counties. The Town Manager is hereby authorized to execute
agreements with Denton County and Tarrant County for the conduct of the election
in accordance with Chapter 31, Subchapter D of the Code and other applicable
statutes and laws. In the event of a conflict between this Ordinance and these
agreements, the agreements shall control.
SECTION 5.
APPOINTMENT OF ELECTION JUDGES AND ALTERNATE ELECTION
JUDGES. Election judges for the general election shall be appointed by Denton
County and Tarrant County, respectively, as authorized by Chapter 271 of the
Code.
Page 17 of 78
ORDINANCE NO.2024- PAGE 3
SECTION 6.
(a)EARLY VOTING - DENTON COUNTY. The Denton County Elections
Administrator is designated the Early Voting Clerk. Additional Deputy Early Voting
Clerks may be appointed as provided in the Denton County Joint Election Agreement
("Denton Agreement").
(1)Early Voting by personal appearance shall be conducted
beginning on April 22, 2024, and continuing through April 30,
2024, at the Denton County Main Early Voting site located at 701
Kimberly Dr., Ste. A111, Denton, Texas, 76208, on the following
dates and times:
Date Time
Monday, April 22 - Friday, April 26 8:00 a.m. - 5:00 p.m.
Saturday, April 27 8:00 a.m. - 5 :00 p.m.
Sunday, April 28 11:00 a.m. - 5 :00 p.m.
Monday, April 29 - Tuesday, April 30 7:00 a.m. - 7:00 p.m.
Any eligible Denton County Registered Voter may cast their vote at
any additional early voting location throughout Denton County as
established by the Denton Agreement. If there is any discrepancy
between this Ordinance and the Denton Agreement as to early
voting locations or times, the Denton Agreement shall control.
(2)Applications for Ballots by Mail (ABBMs) and Federal Post Card
Applications (FPCAs) in Denton County may be delivered to the
Early Voting Clerk, P.O. Box 1720, Denton, Texas, 76202; Website:
www.votedenton.gov; Phone: 940.349.3200; Fax: 940.349.3201;
email: elections@dentoncounty.gov to be received not later than the
close of business on April 23, 2024. The Town Secretary is directed
to forward the applications and ballots to the Election Administrator
as provided in the Denton Agreement.
(b)EARLY VOTING - TARRANT COUNTY. The Tarrant County Elections
Administrator is designated the Early Voting Clerk. Additional Deputy Early Voting Clerks
may be appointed, as provided in the Tarrant County Joint Election Agreement ("Tarrant
Agreement").
(1)Early Voting by personal appearance shall be conducted beginning
on April 22, 2024, and continuing through April 30, 2024, at the
Tarrant County Main Early Voting site located at 2700 Premier
Street, Fort Worth, Texas, 76111, on the following days and times:
Page 18 of 78
ORDINANCE NO.2024- PAGE 4
Date Time
Monday, April 22 - Friday, April 26 8:00 a.m. - 5:00 p.m.
Saturday, April 27 7:00 a.m. - 7:00 p.m.
Sunday, April 28 10:00 a.m. - 4:00 p.m.
Monday, April 29 - Tuesday, April 30 7:00 a.m. - 7:00 p.m.
Any eligible Tarrant County Registered Voter may cast their vote at
any additional early voting location throughout Tarrant County as
established by the Tarrant Agreement. If there is any discrepancy
between this Ordinance and the Tarrant Agreement as to early voting
locations or times, the Tarrant Agreement shall control.
(2)Applications for Ballots by Mail (ABBMs) and Federal Post Card
Applications (FPCAs) in Tarrant County may be delivered to the
Early Voting Clerk, 2700 Premier Street, Fort Worth, Texas, 76111;
Website:https://www.tarrantcountytx.gov/en/elections.html
Phone:817.831.8683;Fax:817.831.6118;Email:
votebymail@tarrantcountytx.gov to be received not later than the
close of business on April 23, 2024. The Town Secretary is directed
to forward the applications and ballots to the Election Administrator
as provided in the Tarrant Agreement.
(c)Early voting both by personal appearance and by mail shall be
canvassed by the Early Voting Ballot Board established by Denton County under
the Denton Agreement and Tarrant County under the Tarrant Agreement. The
Presiding Election Judge and the Alternate Presiding Judge will be appointed by the
Denton and Tarrant County Election Administrators as permitted by law. The
Presiding Election Judge shall appoint elections clerks as may be necessary for the
proper conduct of the election. The Presiding Election Judge, or the Alternative
Election Judge, in the absence of the Presiding Election Judge, and the election
clerks shall constitute the Early Voting Ballot Board to process early voting results
from the election. The Presiding Election Judge and the Alternate Election Judge
must be eligible to serve in accordance with state law, and the election clerks shall
be qualified voters of the Town. To the extent required by law, those persons
designated by Denton and Tarrant Counties as election officers and clerks are
hereby appointed by the Town.
SECTION 7.
(a)METHOD OF VOTING – DENTON COUNTY. Voting in Denton County
shall be conducted using Denton County's Hart lnterCivic Verity Voting System. All
expenditures necessary for the conduct of the election, the purchase of materials
therefor, and the employment of all election officials are hereby authorized and shall
be conducted in accordance with the Code.
Page 19 of 78
ORDINANCE NO.2024- PAGE 5
(b)METHOD OF VOTING – TARRANT COUNTY. Voting in Tarrant County
shall be conducted using Tarrant County's Hart lnterCivic Verity Voting System. All
expenditures necessary for the conduct of the election, the purchase of materials
therefor, and the employment of all election officials are hereby authorized and shall
be conducted in accordance with the Code.
SECTION 8.
GOVERNING LAW AND QUALIFIED VOTERS. The election shall be held in
accordance with the Constitution of the State of Texas and the Code, and all resident
qualified voters of the Town shall be eligible to vote at the election.
SECTION 9.
PUBLICATION AND POSTING OF NOTICE OF ELECTION. Notice of the
election shall be published in accordance with Chapter 4 (Sec 4.003) of the Code.
SECTION 10.
RUN-OFF ELECTION. In the event no candidate receives a majority of votes for
an office, there shall be a run-off election held on June 15, 2024.
SECTION 11.
NECESSARY ACTIONS. The Mayor and the Town Secretary, in consultation
with the Town Attorney, are hereby authorized and directed to take any and all actions
necessary to comply with the provisions federal and state law in carrying out and
conducting the election, whether or not expressly authorized herein. Tarrant County and
Denton County are hereby authorized to make such submissions as are necessary to
the United States Justice Department to seek pre-clearance for any changes in voting
practices as authorized by the Voting Rights Act of 1965, as amended.
SECTION 12.
EFFECTIVE DATE. This Ordinance shall be effective immediately upon
adoption.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 8th day of January 2024.
Page 20 of 78
ORDINANCE NO.2024- PAGE 6
APPROVED:
_____________________________
Jeannette Tiffany, Mayor
ATTEST:
____________________________
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
_____________________________
Dean Roggia, Town Attorney
Page 21 of 78
TOWN COUNCIL COMMUNICATION
MEETING DATE: January 8, 2024
FROM: Matt Cox, Director of Community Development
AGENDA ITEM: Case FP-24-001 Triple Crown Estates
Consider approval of a Final Plat for Lots 1-6 and 7X, Block A, Triple Crown
Estates, consisting of 2.992 acres of land out of the Mary Medlin Survey,
Abstract No. 832, located south of Trophy Park Drive, east of Nottingham
Court, west of Churchill Downs Lane, Trophy Club, Texas (Matt Cox, Director
of Community Development)
BACKGROUND/SUMMARY: The subject property is currently zoned R-15 Single-Family District
and the proposed lots meet or exceed the zoning standards for the district. The property
owner/applicant is requesting to develop the property as a six (6) residential lots and one (1)
open space lot with a public right-of-way street with a cul-de-sac serving each lot. The open
space lot adjacent to Trophy Park Drive will accommodate required screening and landscaping
along the roadway.
A homeowner’s association (HOA) will be created with the filing of the Final Plat that will own
and maintain Lot 7X. The subdivider will also be required to pay a fee in lieu of dedicating
parkland at the time of Final Plat filing.
The Town Council approved the Preliminary Plat at their October 23, 2023 meeting. The Town
Engineer and Trophy Club Municipal Utility District No. 1 have reviewed and approved the civil
construction plans for the development.
PROJECT LOCATION
Page 22 of 78
BOARD REVIEW/CITIZEN FEEDBACK: The Planning & Zoning Commission reviewed the Final
Plat at their January 4, 2024, meeting and recommended the item for approval (four in favor
and one opposed, 4-1).
FISCAL IMPACT: N/A
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the plat as to form and legality.
ATTACHMENTS:
1. Triple Crown Estates -Final Plat
ACTIONS/OPTIONS:
• Approve the Final Plat as presented;
• Approve the Final Plat with conditions; or
• Deny the Final Plat
Page 23 of 78
Page 24 of 78
TOWN COUNCIL COMMUNICATION
MEETING DATE: January 8, 2024
FROM: April Duvall, Director of Finance
AGENDA ITEM: 4th Quarter Investment Report. (April Duvall, Director of Finance)
BACKGROUND/SUMMARY: The Town’s current interest-bearing accounts have an ending
market value of $31,988,228 as of September 30, 2023, which is an increase of $2,920,594
since June 30, 2023. The town predominantly collects property tax revenue during the first and
second quarters of the fiscal year. The portfolio exhibits liquidity, characterized by a weighted
average life of 1 day. There is an increase of $9,536,275 in cash compared to the same period
last year, primarily attributed to the recent receipt of a $7,000,000 bond issue during this
quarter.
The total average yield for this quarter was 5.28% which is slightly lower than the average
rolling 6-month Treasury-Bill yield of 5.38% for the same period.
A substantial portion of the Town’s investments remain placed in the InterBank Insured Cash
Sweep account to take advantage of the fund’s liquidity and the 5.50% yield.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: The accrued interest for the current quarter amounts to $376,696,
contributing to the Town's year-to-date interest earnings of $1,201,562 in Fiscal Year 2023.
LEGAL REVIEW: N/A
ATTACHMENTS:
1. 4th Qtr FY23 Investment Report
ACTIONS/OPTIONS:
Page 25 of 78
TOWN OF
TROPHY CLUB
QUARTERLY INVESTMENT REPORT
For the Quarter Ended
Septembe r 30 , 2023
Pre pared by
Valley V iew Consulting , L.L.C .
The investment portfolio of the Town of Trophy Club is in compliance with the Public Funds Investment Act and the
Investment Policy and Strategies .
lnvestmntOfficerlFinance Manager
c~-=----
Disc lai me r: These reports were compiled using information provided by the Town . No procedures were performed to test the
accuracy or comp leteness of this information . The market values included in these reports were obtained by Valley View Consulting ,
L. L.C. from sources believed to be accurate and represent proprietary valuation . Due to market fluctuations these levels are not
necessarily reflective of current liquidation values . Yield calculations are not determined using standard performance formulas , are
not representative of total return yields , and do not account for investment advisor fees .
Page 26 of 78
Annual Comparison of Portfolio Performance
FYE Results by Investment Category:
September 30, 2022 September 30, 2023
Asset Type
Demand Accounts
Money Markets/Local Gov't Investment Pools
Totals
Fourth Quarter-End Yield
Average Quarter-End Yields (1J:
Trophy Club
Rolling Three Month Treasury
Rolling Six Month Treasury
TexPool
Fiscal YTD Interest Earnings
Ave. Yield
0.19%
2.92%
2.38%
Book Value
$ 4,492 ,738
17,959,215
$ 22,451,953
2022 Fiscal Year
1.10%
1.06%
1.01%
0.90%
$185 ,611 (Approximate)
Market Value
$ 4,492,738
17,959 ,215
$ 22,451,953
Ave. Yield
1.52%
5.44%
5.28%
Book Value
$ 1,274 ,925
30 ,713 ,303
$ 31,988,228
2023 Fiscal Year
4.67%
4.95%
4.77%
4.74%
$1 ,201 ,562 (Approximate)
(1) Average Quarterly Yield calculated using quarter-end report average yield and adjusted book value.
Town of Trophy Club Valley View Consulting , L.L.C .
Market Value
$ 1,274 ,925
30,713,303
$31,988,228
Page 27 of 78
Strategy Summary
Quarter End Results by Investment Category:
June 30, 2023
Asset T:tee Ave . Yield Book Value Market Value
Demand Acco unts 1.76 %
Money Markets/Local Gov 't Investment Poo ls 5.18 %
Totals 4.93%
Current Quarter Average Yield (1J
Total Portfo l io 5.28 %
Ro llin g Three Month T reasury
Ro llin g Six Month T reas ury
Te x Poo l
5.54 %
5.38%
5.32%
$ 2 ,09 1,692 $ 2 ,091 ,692
26 ,97 5,942 26 ,975 ,942
$ 29 ,067 ,634 $ 29 ,067 ,634
Interest Revenue {Approximate)
Quarterly Inte rest Income $ 37 6 ,696
Yea r-t o-date Inte rest Income $ 1,20 1,562
Seetember 30 , 2023
Ave. Yield Book Value Market Value
1.52 % $ 1,274 ,925 $ 1,274,925
5.44% 30 ,713,303 30 ,713 ,303
5.28% $ 31,988,228 $ 31,988,228
Fiscal Year-to-Date Average Yield (2J
Tota l Portfo li o 4 .67%
Roll ing Th ree Mo nth T reasury
Rol li ng Six Mo nt h Treas ury
Te x Poo l
4.95 %
4.77%
4.74%
(1 ) Current Quarter Average Yield -based on adjusted book value , realized and unrealized gai ns/losses an d investment advisory fees are not considered . The yie ld for the reportin g month is used
for bank , pool , and money market balances .
(2) Fiscal Year-to-Date Average Yields -ca lcu lated using quarter end report yields and adjusted book values and does not reflect a total return ana lysis or account for advisory fees.
2
Town of Trophy Club Valley View Consulting , L.L.C .
Page 28 of 78
Economic Overview 9/30/2023
The Federal Open Market Comm ittee (FOMC) maintained the Fed Funds target range 5.25% - 5.50 % (Effective Fed Funds are trading +/-5 .33 %). A pause is projected at least until the
November 1st announcement date , with any fu t ure actions data-dependent. Second Quarte r 2023 GDP posted 2.1%. September Non-Farm Pay roll surged up 336k new jobs , above the 170k
projection. The S&P Stock Index cont inued to slide below 4 ,300 . T he yield curve drifted higher on the long end . Crude O il t raded +/-$85 per barrel. Inflat ion drifted lower but st ill over the FOMC
2% target (Core PCE +/-3 .9% and CPI +/-3.7%). The slowing Ch ina and German economies , Ukrainian/Russian and ls raeli/Hamas conflicts cont inue t o we ight on future outlooks .
6 .00
5.00
4 .00
3.00
2.00
1.00
Treasury Yield Curves
-,. -
--..:---==-a
-, ,
--• September 30 , 2022 -June 30 , 2023
-
-September 30, 2023 I
US Treasury Historical Yields -Since 2006
6 .00 ~---------"----------------------~
5.50 +-----------------------------------,0 ..
5 .00 -hlll'l""'I ... >----------------------------------. ..
4 .50 -P-----'9'.JC..1----------------------------------jcH--i
4.oo t---•~a------..-----------------------11c'91n
3 .50 t----½1t----''I-.. F--------.la---------------------~•-1
3.00 +-----¼~~,_____,11-"~---~-----------c111.".1r-------------,----t
2 .50 t-----¼--A-5-----Y------tt-------L-1"1::------.-----=-~~ ... -------.,._--l
2.00 t-------'lllallll--'------...i,-----..tf------=tP.:,.,_.---1---=--NL---fh ------¾"-----l
1.50 t--------t.---Jl---:---------"f'.-"-------YL----:=J'#---..,t-----,'nw.ir---l
1.00 +-----------------------.ac=-cf.~------'---------t
0 .50
0 .00
~~v~,()\,\);_~~-\)~v\)i,,i,~-"i<'~-',.,,1,,1,,1,,~vt-'1-'~'~-'~'l'l-'l'~-'lt:1:i1-~1:i<t:l:l-'%:l:'t'l-'?, ~,-)" ~,-)" ~,-)" 'Ii )" 'Ii )" 'Ii )" 'Ii )" 'Ii )" 'Ii )" 'Ii ~" 'Ii ~" 'Ii )" 'Ii )" 'Ii )" 'Ii )" 'Ii )" 'Ii )" 'Ii )"
--•Six Month T-Bill -Two Year T-Note -Ten Year T-Note
S&P 500
-~
1/TW ... --
5,250
5,000
4 ,750
4 ,500
4,250
4,000
3,750
3,500
3,250
3,000
2,750
2,500
2,250
2,000
1,750
1,500
1,250
1,000
.. ----
..
750
500
250
0
......
~~-,:,
-· -
---· --
• __ .,
,-• • .. --..
...... ------• . •
US Treasury Historical Yields -Since Nov 2015
6 .00 -.------------=----------------------,
5 .50 +------------------------------~-.
5 .00 t------------------------------------:::!llh 311
4 .50 -i----------------------------------1111;;:::-u----.a--;
4 .00 t------------------------------1111-=-'-.lilhi"l
3.50 +---------------------------------fl---fl.._-l
3.00 t---------=-1t.n..-"':,._--------------------..-ll'rF--------l
2 .50 t-------lll-.ac--------c--------.~-----. .... "'=--liilor.-------------clfl"<IIL__------l
2 .00 t-t½..~--------:::1---~--=---.Jl';a<.,,,,'---... ,.__----.,,------------------=-------------l
1.so t----"l'-~:::::,;~~~,___ _____ "'"'lt---T'-"l~'--'1r'T~------1
1.00 ~;;;,;;ii:::;;_l=-_:~--=-----------,r::;:::---..,.r=---f_~-----i
o. so L -1,~~:::::::=:===================J~;;~;;;;;;;;;;~=~=!~=========j 0 00
,,.,,., _/o ,,._._ro _,,,1 ,,.,,1 _,,,<o ,,.,,<o _,,,~ "''~ j:.i,.\) ":.i,.\) j:.i..' ":.i..' j,'l-1-,,.:.i..'l-_,,'l-.,
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
I --•Six Month T-Bill -Two Year T-Note -Ten Year T-Note
Valley View Consu lti ng , L.L.C . 3
Page 29 of 78
Investment Holdings
September 30, 2023
Coupon/ Maturity Settlement Book Market Market Life
Descrietion Ratings Discount Date Date Par Value Value Price Value {dalsl Yield
PlainsCapital Bank -Cash 0 .72% 10/01/23 09/30/23 1,060 ,625 1,060,625 1.00 1,060 ,625 1 0 .72%
PlainsCapital Bank -ICS Sweep 5.46% 10/01/23 09/30/23 214,300 214 ,300 1.00 214 ,300 1 5.46%
lnterBank Money Market Account 5.64% 10/01/23 09/30/23 250 ,126 250 ,126 1.00 250 ,126 1 5.64%
lnterBank lntraFi MMA 5.50% 10/01/23 09/30/23 22 ,180 ,577 22,180 ,577 1.00 22 ,180 ,577 1 5.50%
TexPool LGIP AAAm 5.32% 10/01 /23 09/30/23 5 ,242 ,982 5,242 ,982 1.00 5,242,982 1 5.32%
TexasCLASS LGIP-Non-Gov't AAAm 5.52% 10/01 /23 09/30/23 5,734 5 ,734 1.00 5 ,734 1 5.52%
TexasCLASS LGIP-Gov't AAAm 5.19% 10/01/23 09/30/23 3 ,033 ,885 3 ,033 ,885 1.00 3,033 ,885 1 5.19%
$ 31,988,228 $ 31,988,228 $ 31,988,228 1 5.28%
(1) (2)
(1) Weighted average life -For purposes of calculating weighted average life , bank accounts , pools and money market funds are assumed to have an one day maturity .
(2) Weighted average yield to maturity -The weighted average yield to maturity is based on adjusted book value , realized and unrealized gains/losses and investment advisory fees are not considered . The
yield for the reporting month is used for bank accounts , pools and money market funds .
(3) Effective Blended Rate -Stated Earn ings Cred it Rate (0 .70 %) and GAIC Interest Rate (0.40 %) adjusted for Balance Assessment fee and then calculated as a Weighted Average Yield.
Town of Trophy Club Valley View Consulting , L.L .C . 4
Page 30 of 78
MMA/MMF/LGIP
-TexPool
Portfolio Composition
Accounts
4 %
Total Portfolio Performance
-Weighted Average Yield
-Rolling 6 Month T-Bill
Distribution by Maturity (Millions)
Total Portfolio (Millions)
$35 ~---------------------~
$30
$25
$20
$15
$10
$5
■ Quarter End Book Value
Town of Trophy Club Valley View Consult ing , L.L .C.
5
Page 31 of 78
Book & Market Value Comparison
Issuer/Description Yield Maturity Book Value Increases Decreases Book Value Market Value Change in Market Value
Date 06/30/23 09/30/23 06/30/23 Market Value 09/30/23
Wells Fargo -Cash 1.35 % 10/01/23 $ 194 $ -$ (194) $ -$ 194 $ (194) $ -
PlainsCapital Bank -Cash 0 .72 % 10/01/23 1,543 ,209 -(482 ,584) 1,060 ,625 1 ,543 ,209 (482 ,584) 1,060 ,625
PlainsCapital Bank -ICS Sweep 5.46 % 10/01/23 548 ,289 -(333 ,989) 214 ,300 548 ,289 (333 ,989) 214 ,300
lnterBank Money Market Account 5 .64% 10/01/23 250 ,074 51 -250 ,126 250 ,074 51 250 ,126
lnterBank lntraFi MMA 5 .50 % 10/01/23 17 ,966,494 4 ,214 ,083 -22 ,180 ,577 17 ,966,494 4 ,214 ,083 22 ,180 ,577
TexPool LGIP 5 .32 % 10/01/23 5 ,840 ,089 -(597 ,107) 5 ,242 ,982 5 ,840 ,089 (597 ,107) 5 ,242 ,982
TexasCLASS LGIP-Non-Gov't 5 .52% 10/01/23 -5 ,734 -5 ,734 -5 ,734 5 ,734
TexasCLASS LGIP-Gov't 5 .19 % 10/01/23 2 ,919 ,284 114 ,601 -3 ,033 ,885 2 ,919 ,284 114 ,601 3 ,033 ,885
TOTAL/AVERAGE 5.2 8% $29 067 634 $ 4 334 468 $ ,1413875\ $31988228 $29 067 634 $ 2 920 594 $ 31 988 228
6
Town of T rophy Cl ub Valley V iew Consulting , L.L.C .
Page 32 of 78
Allocation
September 30, 2023
Book & Market Value
General Storm Hotel Parkland Total Fund Debt Service Drainage EDC Occupancy Dedication Utility Tax
PlainsCapital Bank -Cash $ 1,060 ,625 $ 1,021 ,837 $ $ $ $ 38 ,788 $
PlainsCapital Bank -ICS Sweep 214 ,300 214 ,300
lnterBank Money Market 250 ,126 125 ,063
lnterBank lntraFi MMA 22 ,180 ,577 11 ,266,479
TexPool LGIP 5 ,242 ,982 2 ,027 ,133 40 7,442 1,628 ,568 1,179 ,839
TexasCLASS LGIP-Non-Gov't 5 ,734 5 ,734
TexasCLASS LGIP-Gov't 3 ,033,885 2 ,609 ,938 423 ,947
Total $ 31,988,228 $ 14,654,811 $ 407,442 $ 1,628,568 $ 1,179,839 $ 2,648,726 $ 429,681
7
Town of Trophy Club Valley View Consulting , L.L .C .
Page 33 of 78
Allocation
September 30, 2023
Book & Market Value (Continued)
2017 co 2021 co
Bond Bond CIP Funds
Funds Funds
PlainsCapital Bank -Cash $ $ $
PlainsCapital Bank -ICS Sweep
lnterBank Money Market 125 ,063
lnterBank lntraFi MMA 1,222 ,379 8 ,045 ,096 1,646 ,623
TexPool LGIP
TexasCLASS LGIP-Non-Gov't
TexasCLASS LGIP-Gov't
Total $1,347,442 $8,045,096 $1,646,623
Town of Trophy Club Valley View Consult ing , L.L.C. 8
Page 34 of 78
Allocation
June 30, 2023
Book & Market Value
General Storm Hotel Parkland Total Fund Debt Service Drainage EDC Occupancy Dedication Utility Tax
Wells Fargo -Cash $ 194 $ 194 $ $ $ $ $
PlainsCapital Bank -Cash 1,543 ,209 1,366 ,855 176 ,354
PlainsCapital Bank -ICS Sweep 548 ,289 548 ,289
lnterBank Money Market 250 ,074 125 ,037
lnterBank lntraFi MMA 17 ,966 ,494 13 ,336 ,229
TexPool LGIP 5 ,840 ,089 1,432 ,744 1,770 ,966 1,523 ,546 1,112 ,834
TexasCLASS LGIP-Gov't 2 ,919 ,284 2 ,500 ,771 418 ,513
Total $29,067,634 $16,809,349 $ 1,770,966 $ 1,523,546 $ 1,112,834 $ 2,677,124 $ 418,513
9
Town of Trophy Club Valley View Consulting , L.L.C .
Page 35 of 78
Allocation
June 30, 2023
Book & Market Value (Cont inued )
2017 co 2021 co
Bond Bond CIP Funds
Funds Funds
Wells Fargo -Cash $ $ $
PlainsCapital Bank -Cash
PlainsCapital Bank -ICS Sweep
lnterBank Money Market 125 ,037
lnterBank lntraFi MMA 51 8 ,590 3 ,4 13 ,102 698 ,574
TexPool LGIP
TexasCLASS LGIP-Gov't
Total $ 643,627 $3,413,102 $ 698,574
Town of Trophy Club Valley View Consulting , L.L.C . 10
Page 36 of 78
TOWN COUNCIL COMMUNICATION
MEETING DATE: January 8, 2024
FROM: Brandon Wright, Town Manager
AGENDA ITEM: Discuss and consider approval of an ordinance amending Chapter 1 "General
Provisions," Article 1.09, "Special Events" (Brandon Wright, Town Manager)
BACKGROUND/SUMMARY: The Town of Trophy Club has a special events ordinance that can
be located in Article 1.09 of the Town Charter. The ordinance outlines the requirements for
obtaining special event permits when special events are organized. Special events are defined
as planned temporary aggregations of people or attractions for a common purpose such as
community garage sales, carnivals, circuses, street fairs, arts and crafts shows, rallies, public
entertainment, fun walks, relays, marathons, or parades. These events are conducted primarily
outdoors and either interfere with the normal flow or regulation of pedestrian or vehicular
traffic or require special town services such as street closures, barricades, refuse services,
stages, special parking arrangements, special electrical services, or special police services or
protection.
The Town of Trophy Club limits an applicant or particular location to no more than six special
events per year. With the continued development and success of commercial properties that
front State Highway 114, organizers are requesting that additional special events be considered
to drive visitors and additional sales tax dollars to the Town. In order to drive interest and
attendees to these areas, the Town Council will consider increasing the number of authorized
special events from six to twelve only for those properties that are commercial in nature and
have direct access to, or immediate adjacent access to, TX-114 Frontage Road. While the
potential number of special events would increase, the special events ordinance is also being
updated to reflect additional protections for neighborhoods and reduce community impact
from these events by allowing Town staff to deny applications for reasons such as ongoing
nuisance issues that are not properly addressed or concerns for public safety, health, or
welfare.
Below is a summary of the more significant changes that are presented in the attached
revisions to Article 1.09 Special Events of the Town Charter:
1. Section 1.09.002 General authority: This section is added to clarify that the town
manager is authorized to carry out the responsibilities of the special events ordinance
including authority to waive permit fees for block parties and non-profit organizations.
2. Section 1.09.004 Permits required;exemptions: This section is updated to remove the
automatic exemption that block parties have from obtaining a special event permit. An
Page 37 of 78
exemption is added for activities of the Northwest Independent School District when
they are carried out on school properties under the approval of the superintendent.
3. Section 1.09.008 Denial or revocation of permit: This section is updated to include the
following changes:
a. The following denial reasons are added for denying a special event application:
1. If the applicant has been provided documented nuisance complaints
and/or violations and has failed to adequately address and/or correct the
complaints to the satisfaction of the Town.
2. If the special event is likely to produce concerns of public safety, health,
and/or welfare.
b. An appeal process is added for when special event permits are denied under the
conditions stated in Section 1.09.008.
4. Section 1.09.010 Number of events; hours of operation; duration: This section is
updated to clarify that the maximum number of special event permits is determined
based on the calendar year schedule. Also, the maximum number of special events for
commercial properties that have direct access, or immediate adjacent access, to TX-114
Frontage Road is increased from six to twelve.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: The Town of Trophy Club charges a $50 fee for special event applications. The
additional revenue associated with increased special events along State Highway 114 is
anticipated to be negligible.
LEGAL REVIEW: The Town Attorney has reviewed and approved the attached ordinance as to
form.
ATTACHMENTS:
1. ARTICLE 1.09 SPECIAL EVENTS - proposed changes - comparison
2. Draft Ordinance
ACTIONS/OPTIONS:
Town staff recommends that the Town Council approve the ordinance amending Chapter 1
"General Provisions," Article 1.09, "Special Events".
Page 38 of 78
§ 1.09.001 Definitions.
When used in this article, the following words and phrases shall be defined as follows:
Applicant. A person requesting a special event permit seeking to hold the special event
and to whom the special event permit is issued.
Block party. The use of a street, other than a major thoroughfare, for a residential
neighborhood function or event which may involve the temporary barricading of one or
more streets.
Carnival. An event that includes amusement activities, rides, merry-go-rounds, booths for
the conduct of games of skill, food dispensary facilities, and sideshows, and/or a
combination thereof.
Circus. An event that includes performers, animals, or other such means of entertainment
and is performed in the open, in a tent, or in any other temporary structure, but does not
include performances held inside a permanent building or on government -owned
property.
Community garage sale. A coordinated event, which includes as participants any number
of residents of the town participating together by simultaneously conducting garage sales
that are sponsored by a bona fide and recognized nonprofit civic organization.
Concession. A facility at a special event where food, drink, or other merchandise is
offered to the public.
Nonprofit organization. An organization or entity that is exempt from the payment of tax
pursuant to section 501(c)(3) of the Internal Revenue Code.
Off-site parking. Parking immediately adjacent to the site of the event or at a location
outside of the boundaries of the area approved by the town for the location of the special
event.
On-site parking. Parking within the boundaries of the area approved by the town for the
location of the special event.
Parade. The assembly of persons whose gathering is the common design and purpose
of traveling or marching in procession from one location to another location on a public
thoroughfare or right-of-way for the purpose of advertising, fundraising, promoting,
celebrating, or commemorating a thing, person, date, or event or point of view on political,
religious, or social issues.
Permit holder. The person to whom a special event permit is issued.
Page 39 of 78
Person. An individual(s), corporation, a governmental entity, a nonprofit organization, a
sole proprietorship, a partnership, a wholesaler, a retailer, an association, or any other
legal entity.
Reimbursable costs. All costs and expenses incurred by the town for activities associated
with staging and conducting of an event, as specifically set forth in this article.
Sidewalk. That portion of a street intended for the primary use of pedestrians that is
located between the curb lines, or lateral lines of a roadway, and the adjacent property
lines.
Special event or event. A planned temporary aggregation of people or attractions for a
common purpose, including, but not limited to, community garage sales, carnivals,
circuses, street fairs, arts and crafts shows, rallies, public entertainments, fun runs, walks,
relays, marathons, parades, block parties, or other similar events or attractions, that are
conducted primarily outdoors; and:
(1) Are conducted primarily outdoors; and
(2
(1) Interfere with the normal flow or regulation of pedestrian or vehicular traffic;
or
(32) Require special governmenttown services, including, but not limited to,
street closure, provision of barricades, refuse services, stages, special
parking arrangements, special electrical services, or special police services
or protection.
Special events coordinator. The person designated by the town manager who shall serve
as the point of contact for applicants and permit holders and who shall serve as chair of
the special event review committee.
Special event permit or permit. Written authorization from the town authorizing a permit
holder to conduct a special event.
Special event review committee. A committee consisting of town staff from the police
department, fire department, community development, code enforcement, parks and
recreation, streets, and such additional departments as determined necessary by the
town manager.
Street. The entire width of the publicly or privately-owned right-of-way, when any part
thereof is open to the use of the public for purposes of vehicular traffic.
Town manager. The town manager of the Town of Trophy Club or his the Town
Manager’stown manager’s designee.
§ 1.09.002 General authority.
Page 40 of 78
The town manager will carry out the responsibilities under this article including , but not
limited to:
(1) Review all special event permit applications and approve, deny, revoke, or
suspend permits or applications in compliance with the rules adopted under
this article.
(2) Impose conditions on special events to promote the health, safety, and
welfare of the town, its residents, and visitors, including imposing conditions
necessary for compliance with the town’s ordinances and other town rules
and regulations.
(3) Coordinate permit issuance or authorization administration through the
special events coordinator and with other town departments and the special
event review committee.
(4) Adopt rules and charge fees governing the administration and enforcement
of this article, including application requirements and provisions for
department and event review committee review.
(5) Waiver of Fees. The town manager is authorized to waive fees adopted
pursuant to this article when requested contemporaneously with the permit
application by a nonprofit organization or any applicant requesting a
community garage sale or block party. The applicant requesting the waiver
of fees must identify the fee(s) sought to be waived and describe how the
special event serves a public purpose of the Town. The town manager may
supplement the information provided on the application to further define the
public purpose being served. If the town manager determines that a public
purpose of the town is not served, then the town manager may deny the
request for a waiver of fees.
§ 1.09.003 Special events coordinator.
(a) The special events coordinator shall be thehave authority responsible for
administrationto administer and enforcement ofenforce this article. The special
events coordinator shall:
(1) Review the special event application submitted, and impose requirements
as necessary for public health, safety, and welfare based upon the scope
and nature of the proposed event as outlined by the responses provided by
the applicant on the application. Requirements of the special events
coordinator shall be conditions precedent to the issuance of a permit;
(2) Convene meetings of the special event review committee and serve as chair
of the committee;
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(3) Have the authority to issue, deny, revoke, and/or suspend a permit;
(4) Have the authority to require a permit holder to add additional resources or
take additional actions during or after an event when determined necessary
for public safety and welfare; and
(5) Take actions necessary for the enforcement of this article, including, without
limitation, causing the issuance of citations for violations of this article.
(b) As expressly authorized in this article, decisions of the special events coordinator
are subject to appeal pursuant to section 1.09.008009 of this article.
§ 1.09.003004 Permit required; exemptions.
(a) Permit required. Unless expressly exempted from the requirements of this article,
a person shall obtain a special event permit prior to commencing, holding , or
conducting a special event within the town. A person commits an offense if hethat
person commences, holds, or conducts a special event or causes or allows the
commencement, holding, or conducting of a special event without a valid special
event permit in placeapproved for the special event.
(b) Events exempt from permit. The following special events shall be exempt from the
permit requirement of this article:
(1) A town or MUD 1 sponsored event;
(2) Events sponsored by the armed forces of the United States of America, the
military forces of the state, and the forces of the police and fire departments
acting within the scope of their duties;
(3) A block party; provided, however, that the town police department shall be notified
two (2) weeks in advance of the block party;
(4) A funeral procession; and
(5) Where it is determined by the town manager that the organization conducting the
event can demonstrate all4) Those activities of the following, the organization shall
be exempt from the permit requirement of this article:
(A) That the event shall be conducted solelyNorthwest Independent School District
(“NISD”) contained on privateNISD owned property;
(B) That the event has adequate traffic control so as not to impede use of the public
streets;
(C) That the event has provided for adequate emergency vehicle access; under the
approval and
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(D) That the event has provided a minimum plan for crowd control during the
event.supervision of the superintendent of NISD, or the superintendent’s
designated agent;
§ 1.09.004005 Application for permit.
(a) Generally; required information. An applicant seeking to conduct a special event
within the town shall submit an application meeting the requirements of this article.
Town staff shall determine the type and quantity of services and amenities that
shall be provided by the applicant for the safety and welfare of the event
participants and general public. The applicant shall pay all applicable fees and
costs as required under this article and/or the schedule of fees. Special event
applicationsApplications shall be submitted to the town’s special eventevents
coordinator, and, at minimum, applications shall provide the following information:
(1) Name, address, and contact information for the applicant. If the special
event is to be conducted for, on behalf of, or by any person or organization
other than the applicant, then the name, address, and contact information
for that person or organization and written authorization from that person or
organization shall be provided;
(2) Date(s) and hours for which the permit is requested;
(3) Type of proposed use or activity;
(4) Type, location, and size of proposed signage;
(5) Number of participants and anticipated number of attendees;
(6) Proposed location of the special event, including any and all public areas
for which use is requested;
(7) Number, type, and proposed locations of concession booths or structures
that will be used for the sale of goods or services;
(8) Number and location of parking spaces or, where parking spaces are not
available, the area designated to accommodate parking for the event,
including an on-site parking plan showing available parking that meets the
requirements of this article and, where required by this article, an off-site
parking plan;
(9) Site map showing the location and size of tents, staging, and all other
temporary structures, location of fire lanes, and ingress and egress points;
(10) Location and number of sanitary facilities;
(11) Number and location of loudspeakers and/or other sound amplification
devices that will be used for the event and planned hours of usage. Use of
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the foregoing equipment shall comply with applicable town regulations,
including but not limited to noise ordinance regulations (article 8.02);
(12) Plan for collection and disposal of solid waste;
(13) List of all other governmental and regulatory approvals needed for the
special event; and
(14) All other information as required on the town’s special event application.
(b) Proof of compliance with other governmental regulations. As a condition precedent
to the issuance of a special event permit, an applicant shall submit written
documentation that all permits and approvals required by other governmental
agencies have been obtained.
(c) Deadline for submission. Applications for a special event permit shall be filed not
less than ninety (90) days before the commencement date of the proposed special
event. Applications received less than ninety (90) days prior to the proposed
commencement date of the special eventsevent may be considered where the
special events coordinator determines that the town has sufficient advance
notification to obtain and to provide the resources and services necessary to
support the event. Decisions of the special events coordinator under this section
may be appealed to the town manager in accordance with section 1.09.008009 of
this article.
§ 1.09.005006 Permit fee; reimbursable costs.
(a) Permit fee. A permit fee in the amount established by the fee schedule in appendix
A to this code shall be paid in order to cover the costs of permit review and the
administration of the permit.
(b) Reimbursable costs. In addition to the permit fee required in subsection (a), all
reimbursable costs, including without limitation the following, shall be paid as
specifically set forth in this section:
(1) Barricades and cones.
(2) Special event parking.
(3) Food services inspection.
(4) Repair, maintenance, and removal of facilities in the event of a failure of the
applicant/promoter.
(5) Repair of streets, alleys, sidewalks, parks, and other public property.
(6) Police protection.
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(7) Fire protection.
(8) Emergency medical service.
(9) Garbage disposal and cleanup.
(10) Traffic control.
(11) Other direct and indirect costs associated with the special event.
(c) Payment of reimbursable costs. In addition to applicable permit fees, the permit
holder shall be required to pay all reimbursable costs associated with the special
event. The special eventevents coordinator shall provide an estimate of such
reimbursable costs at least ten (10) days prior to the event ., or as soon as
reasonably possible. As security for payment of the identified reimbursable costs,
the permit holder shall post a cash deposit in the full amount of the reimbursable
costcosts estimate. Within seven (7) days following the event, or as soon as is
reasonably possible, the special eventevents coordinator shall provide the permit
holder with written notice of the total amount of the reimbursable costs actually
incurred as a result of the event. If the amount of the actual reimbursable costs is
less than the amount of the written estimate, then the town shall issue a refund
within seven (7) days after the event., or as soon as is reasonably possible. If the
actual reimbursable costs are greater than the written estimate of reimbursable
costs, the permit holder shall pay the balance in full on or before the date specified
in the written notice from the town. If a permit holder fails to pay the full amount of
all reimbursable costs, future permits may be denied by town or the town may
require two times the amount of the estimated reimbursable costs on any and all
future permit applications. at the reasonable discretion of the special events
coordinator. Decisions of the special events coordinator under this section may be
appealed to the town manager in accordance with section 1.09.008009 of this
article.
§ 1.09.006007 Indemnification, insurance and bonding.
(a) Indemnification. When a special event is partially or fully contained on town rights-
of-way or on property owned, leased, or controlled by the town, applicantsthe
applicant shall sign an agreement to indemnify, defend, release, and hold harmless
the town, its officers, employees, agents, and representatives against all claims of
liability and causes of action resulting from injury or damage to persons or property
arising out of the special event. Further, such applicant shall provide insurance
and bonding as specifically set forth in this section.
(b) Insurance and bonding required. When a special event is partially or fully
contained on the town rights-of-way or on property owned, leased, or controlled by
the town, the applicant for a special event permit shall furnish the town with a
certificate of insurance stating that the town has been added as an additional
insured, waivers of subrogation in favor of the town have been provided, as well
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as the endorsement page, and a surety bond complying with standards established
by the town. The amount of the surety bond and the amount of insurance required
may be increased or reduced, at the reasonable discretion of the special events
coordinator, based upon the type of special event, equipment, machinery, location,
number of people, or animals involved and other pertinent factors or risks
associated with the special event. An application shall be denied if a valid
certificate of insurance and/or a valid surety bond meeting town specifications and
approved by the town is not provided.
(c) Return of bond; payment of additional costs. The surety bond shall be returned to
the permit holder within ten (10) days after histhe special event permit expires,
upon certification by the town manager that all conditions of this article have been
met and the town has been compensated for all costs associated with or incurred
as a result of the event. Should actual costs be less than the amount of the surety
bond posted by the permit holder, the remainder shall be refunded to the permit
holder by the town. In the event that actual costs exceed this amount, the permit
holder shall pay such additional sum to the town within ten (10) days from the date
of written notice by the town. If all amounts due are not timely paid, no future
permits shall be issued to the same permit holder for a period not to exceed two
(2) years. Nothing herein shall preclude the town from enforcing any legal or
equitable remedy against the permit holder in addition to the bond.
(d) Appeals. Decisions of the special events coordinator under this section may be
appealed to the town manager in accordance with section 1.09.008 of this
article009 of this article. If a mutually agreeable insurance limit cannot be agreed
upon, the application shall be considered denied.
§ 1.09.007008 Denial or revocation of permit.
(a) Grounds for denial. The special events coordinator may deny a special event
permit if:
(1) The special event will conflict in time and/or location with a town function or
another special event, parade, or assembly for which a permit has already
been granted or for which a permit application has already been filed and is
under review;
(2) The applicant fails to comply with or the special event will violate an
ordinance of the town or any other applicable law;
(3) The applicant makes, causes, allows, or permits the making of a false or
misleading statement or omission of material fact on an application for a
special event permit;
(4) The applicant has been convicted of violating this article, has had a special
event permit revoked within the twelve (12) month period preceding the date
of the proposed special event, or has failed to pay any reimbursable costs
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or other costs or fees assessed by the town for a previous special event
within the two (2) year period preceding the date of the proposed special
event;
(5) The applicant fails to provide proof of a license or permit required by this
article, by another town ordinance, or by state law;
(6) The special event, as determined by the special event review committee,
would unduly hinder or compromise the delivery or performance of normal
services, including previously scheduled construction or maintenance
services, or of emergency services, or constitutes a public threat, hazard,
or nuisance;
(7) The applicant is unable or unwilling to provide any insurance or bond
required under this article;
(8) The applicant is unable or unwilling to pay any additional costs as may be
required by the town manager;
(9) The applicant fails to submit a complete application or fails to provide any
additional information requested by the special events coordinator; or
(10) The special events coordinator determines that the proposed date or time
for the special event or the location of the special event or parking for such
special event would unduly interfere with or disrupt the educational activities
of a school when such school is in session.;
(11) The applicant has been provided documented nuisance complaints or
violations, such as garbage, noise, operation outside of approved hours,
illegal parking, general law and order, or safety, from a previous special
event and failed to adequately address or correct the complaints to the
satisfaction of the town; or
(12) At the reasonable discretion of the town manager, the special event is likely
to produce concerns of public safety, health, or welfare.
(b) Notice of denial. If the special events coordinator denies a permit, the special
events coordinator shall notify the applicant in writing of the denial or appealable
determinationand the applicant’s option to appeal, if applicable, within five (5) days
of such determination, and such notice shall state the reason(s) for the denial of
the application.
(c) Grounds for revocation. A special event permit shall be revoked by the special
events coordinator upon the occurrence of one or more of the following conditions:
(1) In the event that the police chief, fire chief, MUD 1 manager, other town
officials or their designated representatives (collectively or individually the
“government officials”) find that any of the provisions of this article, of anya
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town ordinance, or of state law is being violated, such persongovernment
officials shall immediately notify the special events coordinatortown
manager. The special event permit issued hereunder shall be revoked if the
permit holder fails to take immediate corrective action upon notification by
the town manager or special events coordinator of the findings made by the
government officials;
(2) Notwithstanding the foregoing, when, in the judgment of the above -named
government officials, a violation exists which requires immediate
abatement, the town manager or special events coordinator shall have the
authority to immediately revoke a special event permit; or
(3) The permit holder provided false or misleading information on a permit
application, and a permit was issued based upon that false or misleading
information.
(d) Notice of revocation prior to commencement of event. When revocation occurs
prior to the commencement of an event, notice of permit revocation pursuant to
subsection (c) of this section shall be made in writing immediately upon
determination that revocation is proper. Appeals shall be allowed in accordance
with section 1.09.008009.
(e) Notice of revocation during event. When revocation of a permit occurs at any time
after the commencement of, or during, an event, notice of permit revocation
pursuant to subsection (c) of this section shall be made verbally to the permit
holder and, within five (5) days after the date of revocation, written notice shall be
provided to the permit holder. Appeals shall be allowed in accordance with section
1.09.008 of this article.
§ 1.09.008 Appeals. (f) Appeals. Decisions of the special events coordinator under
this section may be appealed to the town manager in accordance with section
1.09.009 of this article.
§ 1.09.009 Appeals.
(a) Appeal process. As expressly allowed in this article, the applicant or permit holder
may appeal. All appeals shall be conducted in accordance with the following
procedures:
(1) If the special events coordinator denies an application or makes a
determination under this article for which appeal is authorized, the
townspecial events coordinator shall notify the applicant, or permit holder,
where applicable, in writing of the denial or appealable determination within
five (5) days of such determination. Such town notice shall state the
reason(s) for the denial of the application or permit and the appealable
determination. Any person aggrieved shall have the right to appeal to the
town manager.
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(2) If the special events coordinator revokes a permit, the town shall notify the
permit holder as set forth in subsection (1) above, and if the permit holder
elects to appeal that determination he, the permit holder shall file written
notice of appeal to the town manager.
(3) An appeal to the town manager shall be filed in writing and shall be filed
with the town secretary within five (5) calendar days after receipt of the
town’s notice of denial, revocation, or other appealable decision. The town
manager shall have five (5) business days after receipt of the written notice
of appeal to make a written determination to uphold, modify, or overturn the
decision of the special events coordinator. Decisions of the town manager
shall be final.
(b) Appeal to town council. Where an appeal to the town council is expressly
authorized by this article, such appeal shall be made in writing within five (5) days
of written notice to the applicant of such appealable determination. The town
council shall hear the appeal at its next regularly scheduled council meeting
following the date of receipt of the written appeal and for which state law posting
and notice requirements can be met by the town. The decision of the town council
shall be final.
§ 1.09.009010 Number of events; hours of operation; duration.
A special event may be conducted only between the hours of 7:00 a.m. and 10:00 p.m.
daily for a maximum of three (3) consecutive days. OnlyA maximum of six (6) special
event permits per calendar year may be issued to a person or for a specific location within
the town. However, pAppealsproperties that are zoned for commercial business purposes
such as retail, restaurant, and entertainment, and have direct access, or immediate
adjacent access, to TX-114 Frontage Road, may be issued a maximum of twelve (12)
special event permits per calendar year. Appeals of time limit restrictions shall be made
directly to the town council pursuant to section 1.09.008009 of this article. In determining
if the issuance of a permit will exceed the maximum number of permits allowed per person
or per location, the town may include in that count permits issued for events that have
been held or sponsored by a person associated with or, affiliated with, or related to a
previous permit applicant.
§ 1.09.010011 Parking requirements; fire lanes.
(a) On-site parking. An applicant shall submit evidence that sufficient on -site parking
will be available to accommodate the projected number of users plus ten percent
(10%). If parking is to be on private property adjacent to the special event, written
evidence that the applicant has a right of possession of the property through
ownership, lease, license, or other property interest shall be provided. When the
location is not an established parking area, a plan shall be submitted which shall
show how required parking will be achieved and arranged. The number of parking
spaces and layout of the parking area, including aisle widths, size of parking
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spaces, and number of parking attendants provided, shall be included in the
submittal.
(b) Off-site parking. When adequate on-site parking is not available, a proposed plan
for off-site parking shall be provided by the applicant for approval by the town.
Such plan shall show how off-site parking and transfer of attendees is proposed to
be accomplished.
(c) Fire lanes. Fire lanes for emergency equipment shall be provided (if not already
existing at the site of the event), and, under the direction of the fire chief, the site
shall be prepared in a manner so as not to create a fire hazard.
(d) Authority of town to restrict off-site parking. Notwithstanding the existence of a
special event permit, the town shall have the authority when reasonably necessary
for the health, safety, and welfare of the public to prohibit or restrict off-site parking.
It shall be unlawful for any person to park or leave unattended any vehicle in a
location where a sign is placed restricting or prohibiting the parking of a vehicle.
§ 1.09.011012 Miscellaneous requirements.
(a) Notice to affected property owners. The town manager shall have authority to
require that an applicant or permit holder send notice of a special event to property
owners identified by the town manager when, in histhe town manager’s judgment,
the special event is of a scope and nature that will impact those owners.
(b) Amusement rides. Rides and/or attractions associated with special events shall
conform to comply with the statutory rules and regulations set forth in chapter 2151
of the Texas Occupations Code, designated the “Amusement Ride Safety
Inspection and Insurance Act,” as amended. The fire marshal or other person
designated by the town manager shall beare hereby authorized to inspect any
amusement rides and/or attractions and shall have the authority to deny the use
of the equipment if, in his sole discretion, he the fire marshal or the town manager
determines that the operator of the equipment has violated or failed to comply with
chapter 2151 of the Texas Occupations Code, or that the equipment presents a
potential or actual hazard to participants or to the health, safety and welfare of the
general public.
(c) Tents and temporary structures. Any special event which includes the use of a
stage, seating, tent, canopy, or other temporary structure shall meet the
requirements of the town’s fire code and building code except that a separate
permit is not required when a special event permit has been obtained.
(d) Food and beverage service. Where food or beverage is provided or sold, such
operation shall be in compliance with all provisions of the food and food
establishment ordinances of the town, as well as all other applicable state and local
laws.
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(e) Animal waste; distance for keeping animals. Waste from animals used in a special
event shall be removed daily from the grounds. Should animals be kept within the
town limits past 10:00 p.m., they shall be kept not less than five hundred (500) feet
from the property line of all developed residential property and not less than three
hundred (300) feet from the property line of developed commercial property.
(f) Water service. Any special event or related activity desiring use of water from the
Municipal Utility District 1 (MUD 1) water system must coordinate with MUD 1 to
obtain a temporary meter.
(g) Solid waste collection and disposal. The applicant shall make appropriate
arrangements for the collection of all waste resulting from such special event, and
commercial solid waste dumpsters must be provided on -site at all outdoor special
events, if required by the special events coordinator. The applicant shall make
arrangements for the provision of such dumpsters with the town’s franchised solid
waste provider.
(h) Loudspeakers. When the use of loudspeakers or other sound amplification device
is approved in conjunction with the special event, the decibel sound level from the
loudspeaker shall not exceed eighty (80) decibels at the property line of the event
site for stationary events and may only be used between the hours of 9:00 a.m.
and 9:00 p.m., unless otherwise approved by the town council. The town’s noise
ordinance shall control all other noises generated by or attributable to the event.
(i) Signage. Signage used in accordance with the special event shall comply with the
sign regulations of the town under the provisions of the sign ordinance codified in
section 3.09.065 (special purpose signs). Signs advertising the special event or
directing potential customers to the special event site are expressly prohibited in
the medians of a public or private roadway and other town rights-of-way.
(j) Sanitary facilities. Unless indoor facilities are provided by the applicant, the town
may require a permit holder to provide portable -type sanitary facilities for the event
in the number and at the location(s) determined necessary and appropriate by the
town given the nature and scope of the event and the estimated number of
participants and attendees.
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2024-XX
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS;
AMENDING ARTICLE 1.09 “SPECIAL EVENTS” OF THE CODE OF
ORDINANCES, TOWN OF TROPHY CLUB, TEXAS, TO: (1) REDEFINE
“SPECIAL EVENT OR EVENT”; (2) PROVIDE GENERAL AUTHORITY
TO THE TOWN MANAGER; (3) AMEND THE EXEMPTIONS FROM
PERMIT; (4) PROVIDE ADDITIONAL GROUNDS FOR DENIAL
RELATED TO NUISANCE AND OTHER COMPLAINTS; (5) AMEND
THE PROCESS FOR APPEAL; (6) INCREASE THE NUMBER OF
EVENTS PER CALENDAR YEAR FOR PROPERTIES ZONED FOR
COMMERCIAL BUSINESS PURPOSES; (7) ESTABLISH THE DUTIES
AND AUTHORITY OF THE SPECIAL EVENTS COORDINATOR; AND
(8) PROVIDE FOR OTHER GENERAL CHANGES, INCLUDING THE
RENUMBERING OF PROVISIONS; PROVIDING THIS ORDINANCE IS
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS
($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town 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 Council finds and determines that this Ordinance will
promote and protect the public health, safety, and welfare of the Town’s residents and
the general public.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
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.
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ORDINANCE NO. 2024-XX PAGE 2
SECTION 2.
AMENDMENTS
Article 1.09 “Special Events” of Chapter 1 “General Provisions” of the Code of
Ordinances, Town of Trophy Club, Texas (the “Code”) is hereby amended in its entirety
to read as follows:
Ҥ 1.09.001 Definitions.
When used in this article, the following words and phrases shall be defined as follows:
Applicant. A person requesting a special event permit seeking to hold the special event
and to whom the special event permit is issued.
Block party. The use of a street, other than a major thoroughfare, for a residential
neighborhood function or event which may involve the temporary barricading of one or
more streets.
Carnival. An event that includes amusement activities, rides, merry-go-rounds, booths
for the conduct of games of skill, food dispensary facilities, and sideshows, and/or a
combination thereof.
Circus. An event that includes performers, animals, or other such means of
entertainment and is performed in the open, in a tent, or in any other temporary
structure, but does not include performances held inside a permanent building or on
government-owned property.
Community garage sale. A coordinated event, which includes as participants any
number of residents of the town participating together by simultaneously conducting
garage sales that are sponsored by a bona fide and recognized nonprofit organization.
Concession. A facility at a special event where food, drink, or other merchandise is
offered to the public.
Nonprofit organization. An organization or entity that is exempt from the payment of tax
pursuant to section 501(c)(3) of the Internal Revenue Code.
Off-site parking. Parking immediately adjacent to the site of the event or at a location
outside of the boundaries of the area approved by the town for the location of the
special event.
On-site parking. Parking within the boundaries of the area approved by the town for the
location of the special event.
Parade. The assembly of persons whose gathering is the common design and purpose
of traveling or marching in procession from one location to another location on a public
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ORDINANCE NO. 2024-XX PAGE 3
thoroughfare or right-of-way for the purpose of advertising, fundraising, promoting,
celebrating, or commemorating a thing, person, date, or event or point of view on
political, religious, or social issues.
Permit holder. The person to whom a special event permit is issued.
Person. An individual(s), corporation, governmental entity, nonprofit organization, sole
proprietorship, partnership, wholesaler, retailer, association, or any other legal entity.
Reimbursable costs. All costs and expenses incurred by the town for activities
associated with staging and conducting an event, as specifically set forth in this article.
Sidewalk. That portion of a street intended for the primary use of pedestrians that is
located between the curb lines, or lateral lines of a roadway, and the adjacent property
lines.
Special event or event. A planned temporary aggregation of people or attractions for a
common purpose, including, but not limited to, community garage sales, carnivals,
circuses, street fairs, arts and crafts shows, rallies, public entertainments, fun runs,
walks, relays, marathons, parades, block parties, or other similar events or attractions
that are conducted primarily outdoors; and:
(1) Interfere with the normal flow or regulation of pedestrian or vehicular
traffic; or
(2) Require special town services, including, but not limited to, street closure,
provision of barricades, refuse services, stages, special parking
arrangements, special electrical services, or special police services or
protection.
Special events coordinator. The person designated by the town manager who shall
serve as the point of contact for applicants and permit holders and who shall serve as
chair of the special event review committee.
Special event permit or permit. Written authorization from the town authorizing a permit
holder to conduct a special event.
Special event review committee. A committee consisting of town staff from the police
department, fire department, community development, code enforcement, parks and
recreation, streets, and such additional departments as determined necessary by the
town manager.
Street. The entire width of the publicly or privately-owned right-of-way, when any part
thereof is open to the use of the public for purposes of vehicular traffic.
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ORDINANCE NO. 2024-XX PAGE 4
Town manager. The town manager of the Town of Trophy Club or the town manager’s
designee.
§ 1.09.002 General authority.
The town manager will carry out the responsibilities under this article including, but not
limited to:
(1) Review all special event permit applications and approve, deny, revoke, or
suspend permits or applications in compliance with the rules adopted
under this article.
(2) Impose conditions on special events to promote the health, safety, and
welfare of the town, its residents, and visitors, including imposing
conditions necessary for compliance with the town’s ordinances and other
town rules and regulations.
(3) Coordinate permit issuance or authorization administration through the
special events coordinator and with other town departments and the
special event review committee.
(4) Adopt rules and charge fees governing the administration and
enforcement of this article, including application requirements and
provisions for department and event review committee review.
(5) Waiver of Fees. The town manager is authorized to waive fees adopted
pursuant to this article when requested contemporaneously with the permit
application by a nonprofit organization or any applicant requesting a
community garage sale or block party. The applicant requesting the
waiver of fees must identify the fee(s) sought to be waived and describe
how the special event serves a public purpose of the Town. The town
manager may supplement the information provided on the application to
further define the public purpose being served. If the town manager
determines that a public purpose of the town is not served, then the town
manager may deny the request for a waiver of fees.
§ 1.09.003 Special events coordinator.
(a) The special events coordinator shall have authority to administer and enforce this
article. The special events coordinator shall:
(1) Review the special event application submitted, and impose requirements
as necessary for public health, safety, and welfare based upon the scope
and nature of the proposed event as outlined by the responses provided
by the applicant on the application. Requirements of the special events
coordinator shall be conditions precedent to the issuance of a permit;
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(2) Convene meetings of the special event review committee and serve as
chair of the committee;
(3) Have the authority to issue, deny, revoke, or suspend a permit;
(4) Have the authority to require a permit holder to add additional resources
or take additional actions during or after an event when determined
necessary for public safety and welfare; and
(5) Take actions necessary for the enforcement of this article, including,
without limitation, causing the issuance of citations for violations of this
article.
(b) As expressly authorized in this article, decisions of the special events coordinator
are subject to appeal pursuant to section 1.09.009 of this article.
§ 1.09.004 Permit required; exemptions.
(a) Permit required. Unless expressly exempted from the requirements of this article,
a person shall obtain a special event permit prior to commencing, holding, or
conducting a special event within the town. A person commits an offense if that
person commences, holds, or conducts a special event or causes or allows the
commencement, holding, or conducting of a special event without a valid special
event permit approved for the special event.
(b) Events exempt from permit. The following special events shall be exempt from
the permit requirement of this article:
(1) A town or MUD 1 sponsored event;
(2) Events sponsored by the armed forces of the United States of America,
the military forces of the state, and the forces of the police and fire
departments acting within the scope of their duties;
(3) A funeral procession; and
(4) Those activities of the Northwest Independent School District (“NISD”)
contained on NISD owned property under the approval and supervision of
the superintendent of NISD, or the superintendent’s designated agent;
§ 1.09.005 Application for permit.
(a) Generally; required information. An applicant seeking to conduct a special event
within the town shall submit an application meeting the requirements of this
article. Town staff shall determine the type and quantity of services and
amenities that shall be provided by the applicant for the safety and welfare of the
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event participants and general public. The applicant shall pay all applicable fees
and costs as required under this article and/or the schedule of fees. Applications
shall be submitted to the special events coordinator, and, at minimum,
applications shall provide the following information:
(1) Name, address, and contact information for the applicant. If the special
event is to be conducted for, on behalf of, or by any person or organization
other than the applicant, then the name, address, and contact information
for that person or organization and written authorization from that person
or organization shall be provided;
(2) Date(s) and hours for which the permit is requested;
(3) Type of proposed use or activity;
(4) Type, location, and size of proposed signage;
(5) Number of participants and anticipated number of attendees;
(6) Proposed location of the special event, including any and all public areas
for which use is requested;
(7) Number, type, and proposed locations of concession booths or structures
that will be used for the sale of goods or services;
(8) Number and location of parking spaces or, where parking spaces are not
available, the area designated to accommodate parking for the event,
including an on-site parking plan showing available parking that meets the
requirements of this article and, where required by this article, an off-site
parking plan;
(9) Site map showing the location and size of tents, staging, and all other
temporary structures, location of fire lanes, and ingress and egress points;
(10) Location and number of sanitary facilities;
(11) Number and location of loudspeakers and/or other sound amplification
devices that will be used for the event and planned hours of usage. Use of
the foregoing equipment shall comply with applicable town regulations,
including but not limited to noise ordinance regulations (article 8.02);
(12) Plan for collection and disposal of solid waste;
(13) List of all other governmental and regulatory approvals needed for the
special event; and
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(14) All other information as required on the special event application.
(b) Proof of compliance with other governmental regulations. As a condition
precedent to the issuance of a special event permit, an applicant shall submit
written documentation that all permits and approvals required by other
governmental agencies have been obtained.
(c) Deadline for submission. Applications for a special event permit shall be filed not
less than ninety (90) days before the commencement date of the proposed
special event. Applications received less than ninety (90) days prior to the
proposed commencement date of the special event may be considered where
the special events coordinator determines that the town has sufficient advance
notification to obtain and to provide the resources and services necessary to
support the event. Decisions of the special events coordinator under this section
may be appealed to the town manager in accordance with section 1.09.009 of
this article.
§ 1.09.006 Permit fee; reimbursable costs.
(a) Permit fee. A permit fee in the amount established by the fee schedule in
appendix A to this code shall be paid in order to cover the costs of permit review
and the administration of the permit.
(b) Reimbursable costs. In addition to the permit fee required in subsection (a), all
reimbursable costs, including without limitation the following, shall be paid as
specifically set forth in this section:
(1) Barricades and cones.
(2) Special event parking.
(3) Food services inspection.
(4) Repair, maintenance, and removal of facilities in the event of a failure of
the applicant/promoter.
(5) Repair of streets, alleys, sidewalks, parks, and other public property.
(6) Police protection.
(7) Fire protection.
(8) Emergency medical service.
(9) Garbage disposal and cleanup.
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(10) Traffic control.
(11) Other direct and indirect costs associated with the special event.
(c) Payment of reimbursable costs. In addition to applicable permit fees, the permit
holder shall be required to pay all reimbursable costs associated with the special
event. The special events coordinator shall provide an estimate of such
reimbursable costs at least ten (10) days prior to the event, or as soon as
reasonably possible. As security for payment of the identified reimbursable costs,
the permit holder shall post a cash deposit in the full amount of the reimbursable
costs estimate. Within seven (7) days following the event, or as soon as is
reasonably possible, the special events coordinator shall provide the permit
holder with written notice of the total amount of the reimbursable costs actually
incurred as a result of the event. If the amount of the actual reimbursable costs is
less than the amount of the written estimate, then the town shall issue a refund
within seven (7) days after the event, or as soon as is reasonably possible. If the
actual reimbursable costs are greater than the written estimate of reimbursable
costs, the permit holder shall pay the balance in full on or before the date
specified in the written notice from the town. If a permit holder fails to pay the full
amount of all reimbursable costs, future permits may be denied by town or the
town may require two times the amount of the estimated reimbursable costs on
any and all future permit applications at the reasonable discretion of the special
events coordinator. Decisions of the special events coordinator under this section
may be appealed to the town manager in accordance with section 1.09.009 of
this article.
§ 1.09.007 Indemnification, insurance and bonding.
(a) Indemnification. When a special event is partially or fully contained on town
rights-of-way or on property owned, leased, or controlled by the town, the
applicant shall sign an agreement to indemnify, defend, release, and hold
harmless the town, its officers, employees, agents, and representatives against
all claims of liability and causes of action resulting from injury or damage to
persons or property arising out of the special event. Further, such applicant shall
provide insurance and bonding as specifically set forth in this section.
(b) Insurance and bonding required. When a special event is partially or fully
contained on the town rights-of-way or on property owned, leased, or controlled
by the town, the applicant shall furnish the town with a certificate of insurance
stating that the town has been added as an additional insured, waivers of
subrogation in favor of the town have been provided, as well as the endorsement
page, and a surety bond complying with standards established by the town. The
amount of the surety bond and the amount of insurance required may be
increased or reduced, at the reasonable discretion of the special events
coordinator, based upon the type of special event, equipment, machinery,
location, number of people, or animals involved and other pertinent factors or
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risks associated with the special event. An application shall be denied if a valid
certificate of insurance and/or a valid surety bond meeting town specifications
and approved by the town is not provided.
(c) Return of bond; payment of additional costs. The surety bond shall be returned to
the permit holder within ten (10) days after the special event permit expires, upon
certification by the town manager that all conditions of this article have been met
and the town has been compensated for all costs associated with or incurred as
a result of the event. Should actual costs be less than the amount of the surety
bond posted by the permit holder, the remainder shall be refunded to the permit
holder by the town. In the event that actual costs exceed this amount, the permit
holder shall pay such additional sum to the town within ten (10) days from the
date of written notice by the town. If all amounts due are not timely paid, no
future permits shall be issued to the same permit holder for a period not to
exceed two (2) years. Nothing herein shall preclude the town from enforcing any
legal or equitable remedy against the permit holder in addition to the bond.
(d) Appeals. Decisions of the special events coordinator under this section may be
appealed to the town manager in accordance with section 1.09.009 of this article.
If a mutually agreeable insurance limit cannot be agreed upon, the application
shall be considered denied.
§ 1.09.008 Denial or revocation of permit.
(a) Grounds for denial. The special events coordinator may deny a special event
permit if:
(1) The special event will conflict in time and/or location with a town function
or another special event, parade, or assembly for which a permit has
already been granted or for which a permit application has already been
filed and is under review;
(2) The applicant fails to comply with or the special event will violate an
ordinance of the town or any other applicable law;
(3) The applicant makes, causes, allows, or permits the making of a false or
misleading statement or omission of material fact on an application for a
special event permit;
(4) The applicant has been convicted of violating this article, has had a
special event permit revoked within the twelve (12) month period
preceding the date of the proposed special event, or has failed to pay any
reimbursable costs or other costs or fees assessed by the town for a
previous special event within the two (2) year period preceding the date of
the proposed special event;
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(5) The applicant fails to provide proof of a license or permit required by this
article, by another town ordinance, or by state law;
(6) The special event, as determined by the special event review committee,
would unduly hinder or compromise the delivery or performance of normal
services, including previously scheduled construction or maintenance
services, or of emergency services, or constitutes a public threat, hazard,
or nuisance;
(7) The applicant is unable or unwilling to provide any insurance or bond
required under this article;
(8) The applicant is unable or unwilling to pay any additional costs as may be
required by the town manager;
(9) The applicant fails to submit a complete application or fails to provide any
additional information requested by the special events coordinator;
(10) The special events coordinator determines that the proposed date or time
for the special event or the location of the special event or parking for such
special event would unduly interfere with or disrupt the educational
activities of a school when such school is in session;
(11) The applicant has been provided documented nuisance complaints or
violations, such as garbage, noise, operation outside of approved hours,
illegal parking, general law and order, or safety, from a previous special
event and failed to adequately address or correct the complaints to the
satisfaction of the town; or
(12) At the reasonable discretion of the town manager, the special event is
likely to produce concerns of public safety, health, or welfare.
(b) Notice of denial. If the special events coordinator denies a permit, the special
events coordinator shall notify the applicant in writing of the denial and the
applicant’s option to appeal, if applicable, within five (5) days of such
determination, and such notice shall state the reason(s) for the denial of the
application.
(c) Grounds for revocation. A special event permit shall be revoked by the special
events coordinator upon the occurrence of one or more of the following
conditions:
(1) In the event that the police chief, fire chief, MUD 1 manager, other town
officials or their designated representatives (collectively or individually the
“government officials”) find that any of the provisions of this article, a town
ordinance, or state law is being violated, such government officials shall
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immediately notify the town manager. The special event permit issued
hereunder shall be revoked if the permit holder fails to take immediate
corrective action upon notification by the town manager or special events
coordinator of the findings made by the government officials;
(2) Notwithstanding the foregoing, when, in the judgment of the above-named
government officials, a violation exists which requires immediate
abatement, the town manager or special events coordinator shall have the
authority to immediately revoke a special event permit; or
(3) The permit holder provided false or misleading information on a permit
application, and a permit was issued based upon that false or misleading
information.
(d) Notice of revocation prior to commencement of event. When revocation occurs
prior to the commencement of an event, notice of permit revocation pursuant to
subsection (c) of this section shall be made in writing immediately upon
determination that revocation is proper. Appeals shall be allowed in accordance
with section 1.09.009.
(e) Notice of revocation during event. When revocation of a permit occurs at any
time after the commencement of, or during, an event, notice of permit revocation
pursuant to subsection (c) of this section shall be made verbally to the permit
holder and, within five (5) days after the date of revocation, written notice shall be
provided to the permit holder.
(f) Appeals. Decisions of the special events coordinator under this section may be
appealed to the town manager in accordance with section 1.09.009 of this article.
§ 1.09.009 Appeals.
(a) Appeal process. As expressly allowed in this article, the applicant or permit
holder may appeal. All appeals shall be conducted in accordance with the
following procedures:
(1) If the special events coordinator denies an application or makes a
determination under this article for which appeal is authorized, the special
events coordinator shall notify the applicant, or permit holder, where
applicable, in writing of the denial or appealable determination within five
(5) days of such determination. Such notice shall state the reason(s) for
the denial of the application or permit and the appealable determination.
Any person aggrieved shall have the right to appeal to the town manager.
(2) If the special events coordinator revokes a permit, the town shall notify the
permit holder as set forth in subsection (1) above, and if the permit holder
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elects to appeal that determination, the permit holder shall file written
notice of appeal to the town manager.
(3) An appeal to the town manager shall be filed in writing and shall be filed
with the town secretary within five (5) calendar days after receipt of the
town’s notice of denial, revocation, or other appealable decision. The town
manager shall have five (5) business days after receipt of the written
notice of appeal to make a written determination to uphold, modify, or
overturn the decision of the special events coordinator. Decisions of the
town manager shall be final.
(b) Appeal to town council. Where an appeal to the town council is expressly
authorized by this article, such appeal shall be made in writing within five (5)
days of written notice to the applicant of such appealable determination. The
town council shall hear the appeal at its next regularly scheduled council meeting
following the date of receipt of the written appeal and for which state law posting
and notice requirements can be met by the town. The decision of the town
council shall be final.
§ 1.09.010 Number of events; hours of operation; duration.
A special event may be conducted only between the hours of 7:00 a.m. and 10:00 p.m.
daily for a maximum of three (3) consecutive days. A maximum of six (6) special event
permits per calendar year may be issued to a person or for a specific location within the
town. However, properties that are zoned for commercial business purposes such as
retail, restaurant, and entertainment, and have direct access, or immediate adjacent
access, to TX-114 Frontage Road, may be issued a maximum of twelve (12) special
event permits per calendar year. Appeals of time limit restrictions shall be made directly
to the town council pursuant to section 1.09.009 of this article. In determining if the
issuance of a permit will exceed the maximum number of permits allowed per person or
per location, the town may include in that count permits issued for events that have
been held or sponsored by a person associated with, affiliated with, or related to a
previous applicant.
§ 1.09.011 Parking requirements; fire lanes.
(a) On-site parking. An applicant shall submit evidence that sufficient on-site parking
will be available to accommodate the projected number of users plus ten percent
(10%). If parking is to be on private property adjacent to the special event, written
evidence that the applicant has a right of possession of the property through
ownership, lease, license, or other property interest shall be provided. When the
location is not an established parking area, a plan shall be submitted which shall
show how required parking will be achieved and arranged. The number of
parking spaces and layout of the parking area, including aisle widths, size of
parking spaces, and number of parking attendants provided, shall be included in
the submittal.
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(b) Off-site parking. When adequate on-site parking is not available, a proposed plan
for off-site parking shall be provided by the applicant for approval by the town.
Such plan shall show how off-site parking and transfer of attendees is proposed
to be accomplished.
(c) Fire lanes. Fire lanes for emergency equipment shall be provided (if not already
existing at the site of the event), and, under the direction of the fire chief, the site
shall be prepared in a manner so as not to create a fire hazard.
(d) Authority of town to restrict off-site parking. Notwithstanding the existence of a
special event permit, the town shall have the authority when reasonably
necessary for the health, safety, and welfare of the public to prohibit or restrict
off-site parking. It shall be unlawful for any person to park or leave unattended
any vehicle in a location where a sign is placed restricting or prohibiting the
parking of a vehicle.
§ 1.09.012 Miscellaneous requirements.
(a) Notice to affected property owners. The town manager shall have authority to
require that an applicant or permit holder send notice of a special event to
property owners identified by the town manager when, in the town manager’s
judgment, the special event is of a scope and nature that will impact those
owners.
(b) Amusement rides. Rides or attractions associated with special events shall
comply with the statutory rules and regulations set forth in chapter 2151 of the
Texas Occupations Code, designated the “Amusement Ride Safety Inspection
and Insurance Act,” as amended. The fire marshal or the town manager are
hereby authorized to inspect any amusement rides or attractions and shall have
the authority to deny the use of the equipment if the fire marshal or the town
manager determines that the operator of the equipment has violated or failed to
comply with chapter 2151 of the Texas Occupations Code, or that the equipment
presents a potential or actual hazard to participants or to the health, safety and
welfare of the general public.
(c) Tents and temporary structures. Any special event which includes the use of a
stage, seating, tent, canopy, or other temporary structure shall meet the
requirements of the town’s fire code and building code except that a separate
permit is not required when a special event permit has been obtained.
(d) Food and beverage service. Where food or beverage is provided or sold, such
operation shall be in compliance with all provisions of the food and food
establishment ordinances of the town, as well as all other applicable state and
local laws.
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(e) Animal waste; distance for keeping animals. Waste from animals used in a
special event shall be removed daily from the grounds. Should animals be kept
within the town limits past 10:00 p.m., they shall be kept not less than five
hundred (500) feet from the property line of all developed residential property and
not less than three hundred (300) feet from the property line of developed
commercial property.
(f) Water service. Any special event or related activity desiring use of water from the
Municipal Utility District 1 (MUD 1) water system must coordinate with MUD 1 to
obtain a temporary meter.
(g) Solid waste collection and disposal. The applicant shall make appropriate
arrangements for the collection of all waste resulting from such special event,
and commercial solid waste dumpsters must be provided on-site at all outdoor
special events, if required by the special events coordinator. The applicant shall
make arrangements for the provision of such dumpsters with the town’s
franchised solid waste provider.
(h) Loudspeakers. When the use of loudspeakers or other sound amplification
device is approved in conjunction with the special event, the decibel sound level
from the loudspeaker shall not exceed eighty (80) decibels at the property line of
the event site for stationary events and may only be used between the hours of
9:00 a.m. and 9:00 p.m., unless otherwise approved by the town council. The
town’s noise ordinance shall control all other noises generated by or attributable
to the event.
(i) Signage. Signage used in accordance with the special event shall comply with
the sign regulations of the town under the provisions of the sign ordinance
codified in section 3.09.065 (special purpose signs). Signs advertising the special
event or directing potential customers to the special event site are expressly
prohibited in the medians of a public or private roadway and other town rights-of-
way.
(j) Sanitary facilities. Unless indoor facilities are provided by the applicant, the town
may require a permit holder to provide portable-type sanitary facilities for the
event in the number and at the location(s) determined necessary and appropriate
by the town given the nature and scope of the event and the estimated number of
participants and attendees.”
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.
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SECTION 4.
SAVINGS
All rights and remedies of the Town are expressly saved as to any and all
violations of the provisions of any other ordinance affecting the subject matter of this
Ordinance within the Town which have accrued at the time of the effective date of this
Ordinance; and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances same shall not be
affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 5.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are
severable, and if any section, paragraph, sentence, phrase, clause or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby
declares that it would have passed such remaining portions of this Ordinance despite
such invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not less than One Dollar ($1.00) nor more than Five Hundred
Dollars ($500.00), and a separate offense shall be deemed committed each day during
or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption and Penalty Clause of this Ordinance as required by Section 3.16 of the Town’s
Charter.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town of Trophy Club, Texas, this the 8th day
of January 2024.
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___________________________
Jeannett Tiffany, Mayor
ATTEST:
__________________________
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
__________________________
Dean Roggia, Town Attorney
Page 67 of 78
TOWN COUNCIL COMMUNICATION
MEETING DATE: January 8, 2024
FROM: Brandon Wright, Town Manager
AGENDA ITEM: Discuss and consider approval of a public drainage easement agreement with
the Homeowners Association of Hogan’s Glen, Inc. (Brandon Wright, Town
Manager)
BACKGROUND/SUMMARY: On March 21, 2023, the Town of Trophy Club received a formal
request from the Hogan’s Glen HOA (the “HOA”), for assistance relating to sedimentation
buildup in the Hogan’s Glen ponds.
The HOA’s request was discussed at the June 13, 2023 Town Council Meeting, and the Town
Council determined that $150,000 from the stormwater drainage utility fund could be used to
mitigate the stormwater siltation through the Town's purchase of a public drainage easement.
Stormwater drainage utility funds may be used as authorized by Town Code of Ordinances Sec.
13.03.036, and Texas Local Gov’t Code Ch. 552, the Municipal Drainage Utility Systems Act.
At the August 28th Council meeting, the Town Attorney was instructed to negotiate an
easement agreement with the HOA to ensure compliance with Texas law. The attached public
drainage easement agreement represents the final draft of the agreement between the Town
and the HOA.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: The Town Council has previously authorized staff to negotiate a not-to-exceed
expenditure of $150,000 in exchange for the Hogan’s Glen Homeowners Association (HOA)
public drainage easement, release of claims, and for improvements to the public drainage
easement area. Payment of the $150,000 will be made in three separate payments of $50,000,
with each payment contingent upon the commencement, completion, inspection, and
acceptance of the public drainage improvements as further detailed in the public drainage
easement agreement.
The agreement clarifies that the Town is under no obligation to maintain the easement and the
designated funds for this transaction will be sourced from the Storm Drainage Utility Fund. This
arrangement ensures transparency and accountability in the utilization of public funds for the
acquisition of the drainage easement.
LEGAL REVIEW: Town Attorney, Dean Roggia, prepared the agreement.
Page 68 of 78
ATTACHMENTS:
1. Hogan's Glen - Drainage Easement 1.8.24 - FINAL
ACTIONS/OPTIONS:
Staff recommends that the Town Council approve the public drainage easement agreement with
the Homeowners Association of Hogan’s Glen, Inc. and authorize the Mayor to execute same on
behalf of the Town.
Page 69 of 78
Page 1
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE
PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S
LICENSE NUMBER.
PUBLIC DRAINAGE EASEMENT AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF DENTON §
THAT THE HOMEOWNERS ASSOCIATION OF HOGAN’S GLEN, INC., a
Texas non-profit corporation having an address at 10340 Alta Vista Rd. #C, Fort Worth,
Texas 76244 (the “Grantor”), for and in consideration of the sum of TEN AND NO/100
DOLLARS ($10.00) and other good and valuable consideration, to Grantor in hand paid by
the Town of Trophy Club, a home-rule municipal corporation situated in Denton County,
Texas, having an address at 1 Trophy Wood Drive, Trophy Club, Texas 76262 (the “Town”
or “Grantee”), the receipt and sufficiency of which is hereby acknowledged, has this day
Granted, Sold, and Conveyed and does hereby Grant, Sell, and Convey unto the Town, its
successors and assigns, a perpetual non-exclusive public drainage easement (the “Easement”)
for the limited municipal purposes of constructing, reconstructing, inspecting, using,
repairing, replacing, and maintaining public drainage facilities in, upon, and across said
Easement, being located within the Town of Trophy Club, Texas, and more particularly
described as follows:
All that certain tract, piece or parcel of land, lying and being situated in the
County of Denton, State of Texas, described in EXHIBIT “A”, which is
attached hereto and made a part hereof for all purposes, and to which
reference is hereby made for a more particular description of said property
(the “Easement Property”);
TO HAVE AND TO HOLD, the above described Easement, together with all and
singular the rights and appurtenances thereto in anywise belonging unto Grantee, its
successors and assigns forever; and Grantor does hereby bind itself, its heirs, executors,
administrators, successors, and assigns to warrant and forever defend all and singular the said
Easement unto the Grantee, its successors and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof by, through, or under the Grantor,
but not otherwise.
NOW, THEREFORE, in consideration of the Easement granted above and for other
good and valuable consideration in accordance with the mutual rights and obligations in this
this Public Drainage Easement Agreement (the “Easement Agreement”) the parties mutually
agree as follows:
1. Grantor reserves the right to use and enjoy the easement for open space,
private drainage, recreation, and any other lawful purposes; provided, however, that Grantor
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its successors, and assigns, and invitees shall not create a nuisance or do any act that will be
detrimental to the Town’s use of the Easement.
2. Grantee shall have the right, but not the obligation, to maintain the Easement
in a condition required for proper operation and maintenance of the Town’s stormwater
drainage utility system. The Easement shall not be made open to the general public, but shall
be used by Grantee, its successors, assigns, or contractors for the limited public drainage
purposes identified in this Easement Agreement, and may be used on a temporary basis for
maintenance and repairs to existing culvert, roadway, or other public improvements currently
adjacent to or existing on the Easement Property.
3. Grantee is not obligated to ensure that water is continuously diverted to the
Easement and makes no warranties of any kind whatsoever concerning the proper
functionality or design of the storm sewer drainage facilities currently existing or to be
improved by Grantor in the Easement. Grantee shall not be responsible for water diverted
away from the Easement, whether directly or indirectly by Grantor or any other third parties.
Grantor its heirs, successors, and assigns hereby agree that no obstruction to the natural flow
of storm waters, stream, or creek overflow shall be permitted by filling or by construction of
any type of dam, bridge, walkway, or any other structure within the Easement. In the event
of an obstruction, the Town may, but is not obligated to, remove the same and may charge
the costs of such removal against any person or party causing the same.
4. Grantor, its successors, and assigns, hereby reserves the right to maintain the
Easement Property and shall continue to maintain the Easement Property in accordance with
its current drainage and other maintenance obligations, but shall not alter the design of the
Easement Property, or make improvements to the Easement Property without the Town’s
written permission.
5. Grantee, its successors, and assigns, have the right and privilege, but not the
obligation, at any and all times to remove or keep removed all or parts of structures, fences,
landscaping, personal property, improvements, or growth which in any way may endanger or
interfere with the construction, maintenance, repair, replacement, inspection, or efficiency of
the Easement, and the Grantee shall at all times have the right of ingress and egress to and
from and upon the Easement for the purpose of constructing, reconstructing, inspecting,
maintaining, replacing, and adding to or removing all or part of the public drainage facilities
located in the Easement. In the event of an emergency as determined by the Grantee in its
sole discretion to protect against an immediate threat to the public health, safety, and welfare
of the general public or the public drainage facilities, the Grantee may exercise its rights
granted in this paragraph without the necessity at any time of procuring the permission of
anyone.
If an emergency does not exist, the Grantee shall provide fourteen (14) days written
notice to the Grantor including the scope of work to be performed and the proposed timeline
for completion of the work prior to performing any work on the Easement Property that may
endanger Grantor’s existing landscaping, rock structures, concrete catch basin, waterfall,
pumping equipment, or any other related private improvements. The Grantee shall, at all
times after performing any work on the Easement Property, restore the areas or
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improvements disturbed by the work to the condition existing immediately prior to the
performance of the work, or to a better condition as mutually agreed upon by the Parties.
6. As additional consideration and in exchange for the mutal promises contained
in this Easement Agreement, Grantor hereby releases and forever discharges, on behalf of the
Grantor and its successors and assigns, the Town and its officers, agents, servants, and
employees and any others acting or purporting to act on its behalf, from any and all liability,
claims, actions, causes of action and negligence, whether real or asserted, of every nature,
kind and character which the Grantor has or ever had against the Town whatsoever arising
out of or connected in any way to drainage, siltation, erosion, or contamination of the ponds
up to the date of execution of this Easement Agreement. The consideration provided in this
Easement Agreement is not an admission of any responsibility or liability of the Town. The
Grantor hereby covenants not to sue, on behalf of itself and its assigns, the Town or its
officers, agents, servants and employees and any others acting or purporting to act on the
Town’s behalf for any matters arising out of, relating to, or in any way connected with the
matters released herein.
DRAINAGE IMPROVEMENTS
1. Drainage Improvements. The Grantee shall pay the “not-to-exceed” amount of ONE-
HUNDRED AND FIFTY-THOUSAND AND NO/100 DOLLARS ($150,000.00) as (1)
additional consideration for the convenance of the Easement; (2) the Grantor’s release in
Paragraph 6, above; (3) the construction of drainage improvements on or near the Easement
Property, including, but not limited to, dredging and other drainage work within adjacent
connected ponds that benefit and promote the operation, efficiency, and maintenance of the
Easement and the Town’s stormwater drainage utility system (collectively the “Project”); and
(4) as security for the faithful completion of drainage improvements by Grantor.
2. The Town shall complete payment of the “not-to-exceed” amount by making three (3)
equal payments of $50,000 subject to the following conditions:
(1) The 1st payment of $50,000, shall be made by the Grantee within ten (10) days after
review and written approval by the Town Engineer that staging, setup, and dredging
for the Project has started; and
(2) The 2nd payment of $50,000, shall be made by the Grantee within ten (10) days after
inspection and written determination by the Town Engineer that the dredging work is
100% complete in accordance with the plans and specifications for the Project; and
(3) The 3rd payment of $50,000, shall be made by the Grantee within ten (10) days after:
(i) inspection and final written confirmation by the Town Engineer that all “clean up”
work is complete and no final puchlist items or other minor work remains; and (2)
after Grantor has furnished to the Grantee satisfactory evidence including a
unconditional and final affidavits that all indebtedness to the Grantor’s contractor has
been paid, that all indebtedness connected with the work and all sums of money due
for labor, materials, apparatus, fixtures, or machinery furnished and used in the
performance of the work have been paid or otherwise satisfied.
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3. Insurance. Grantor shall ensure that contractors performing work on the Projectshall
provide insurance, including, but not limited to, workers’ compensation coverage in
accordance with applicable law, and in the form, substance, and amounts acceptable to the
Town.
4. Compliance with Laws. Grantor shall ensure that contractors performing work on the
Project 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.
5. Books and Records. Grantor shall ensure that contractors performing work on the
Project shall make all books and records available for audit and inspection by the Town.
6. Performance, Payment, and Maintenance Bonds. Prior to the commencement of
construction on the Project, Grantor, or its contractors, shall provide a performance bond,
payment bond, and maintenance bond that meets the requirements of Chapter 2253 of the
Texas Government Code, and names the Town as additional obligee. Each bond shall be in
the full amount of the costs to construct the work and shall be made in favor of the Town
ensuring completion of the work in accordance with the plans and specifications approved by
the Town Engineer. The performance bond, payment bond, and maintenance bond shall be
executed by a corporate surety authorized to do business in Texas in accordance with Chapter
2253 of the Texas Government Code.
7. INDEMNIFICATION BY CONTRACTOR. GRANTOR SHALL CAUSE ALL
CONTRACTORS PERFORMING WORK ON THE EASEMENT PROPERTY TO
COVENANT AND AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND
THE TOWN, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM
AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE
OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
EXPENSES OF ATTORNEYS, EXPERT WITNESSES, AND OTHER
CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY
OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, REPAIR, OR ANY
OTHER USE OF THE EASEMENT PROPERTY. THE CONTRACTORS AND
SUBCONTRACTORS, SHALL FURTHER AGREE TO BE LIABLE FOR INJURY
OR DAMAGE TO TOWN PROPERTY, ARISING OUT OF OR IN CONNECTION
WITH ANY AND ALL ACTS OR OMISSIONS OF CONTRACTORS AND
SUBCONTRACTORS. THIS OBLIGATION TO INDEMNIFY SHALL APPLY TO
ALL CLAIMS THAT ARISE FROM EVENTS THAT OCCUR BEFORE OR AFTER
THE TIME THE TOWN INSPECTS THE PROJECT, REGARDLESS OF
WHETHER ANY SUCH DAMAGES, CLAIMS OR LIABILITIES ARE ALLEGED
TO BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT ACT OR
OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION OF
THE TOWN, ITS OFFICERS AND EMPLOYEES, AND SHALL CONTINUE TO
APPLY TO THE CONTRACTOR FOR TWO YEARS AFTER THE TOWN
INSPECTS THE PROJECT.
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MISCELLANEOUS
1. Severability. In case any one or more of the provisions contained in this Easement
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 hereof, and
this Easement Agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein.
2. Entire Agreement. This Easement Agreement contains the entire agreement between
the parties relating to the rights herein granted and the obligations herein assumed. Any or
all representations or modifications concerning this instrument shall be of no force and effect
except for a subsequent modification in writing signed by the parties hereto.
3. Declaration of Covenants and Restrictions. The parties their successors, and assigns
acknowledge and agree that Grantor’s recorded Declaration of Covenants and Restrictions, as
amended, authorize Grantor to sell easements and related appurtanances to the Town, and the
recorded Declaration of Covenants and Restrictions, as amended, and this Easement
Agreement are not intended to restrict or limit the rights of the Town to exercise its
legislative and governmental rights, duties, and powers insofar as zoning, building, use,
maintenance, and other like obligations are concerned.
4. No Waiver. All rights, remedies, and privileges permitted or available to the parties
under this Easement 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 a party in the
enforcement of any such right, remedy or privilege, shall not constitute a waiver of such
right, remedy or privilege by that party. A default under this Easement Agreement by the
Town shall not result in forfeiture of any Easement rights, remedies, or privileges under this
Easement Agreement by the Town.
5. Venue and Governing Law. The Grantor and Grantee agree that this Easement
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 Easement Agreement shall be
construed in accordance with the laws and court decisions of the State of Texas.
6. Successor and Assigns. This Easement Agreement and the terms and conditions
herein shall be binding upon and inure to the benefit of the parties, hereto, their respective
successors and assigns. This Easement Agreement may not be assigned without the mutual
written consent of the Grantor and Grantee.
7. Counterparts. The Easement Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and constitute one and the same
instrument.
8. Governmental Function(s) and Immunity. The parties hereby acknowledge and agree
that the Town is entering into this Easement Agreement in the performance of and pursuant
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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 this Easement 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.
9. Waiver of Attorney’s Fees. The parties expressly covenant and agree that in the
event of any litigation arising between the parties to this Easement Agreement, each party
shall be solely responsible for payment of its attorneys (except as required pursuant to the
indemnity obligations in this Easement 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.
10. Additional Verifications. To the extent required by Texas law, the Grantor verifies
that: (1) It does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association, as defined in Texas Government Code §
2274.001, and that it will not during the term of the contract discriminate against a firearm
entity or firearm trade association; (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 Easement Agreement; and (3) It does not “boycott energy companies,” as those
terms are defined in Texas Government Code §§ 809.001 and 2276.001, and it will not
boycott energy companies during the term of the Easement Agreement; (4) It does not engage
in scrutinized business operations with Sudan, Iran, or designated foreign terrorist organization
as defined in Texas Government Code, Chapter 2270; and (5) It is not owned by or the majority
of its stock or other ownership interest is held or controlled by i) individuals who are citizens of
China, Iran, North Korea, Russia, or a designated country as defined by Texas Government
Code § 2275.0101; or ii) a company or other entity, including a governmental entity, that is
owned or controlled by citizens of or is directly controlled by the government of China, Iran,
North Korea, Russia, or a designated country; nor is it headquartered in China, Iran, North
Korea, Russia, or a designated country.
11. Ethics Disclosure. To the extent required by law, the Grantor represents that it has
completed a Texas Ethics Commission (the “TEC”) form 1295 (“Form 1295”) generated by
the TEC’s electronic filing application in accordance with the provisions of Texas Gov’t
Code Ch. 2252.908 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.
12. This Easement Agreement shall be filed for record in the deed records of Denton
County, Texas, shall be deemed a covenant running with the land and shall be binding on the
successors and assigns of the Grantor and Grantee.
[signature pages to follow]
EXECUTED this _______ day of ____________________, 2024.
GRANTOR:
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HOMEOWNERS ASSOCIATION OF
HOGAN’S GLEN, INC., a Texas non-profit
corporation
By:
Name:
Title:
STATE OF TEXAS §
§
COUNTY OF DENTON §
The foregoing instrument was acknowledged before me this _____ day of
____________, 2024, by ___________________, ___________________ of the
Homeowners Association of Hogan’s Glen, Inc., a Texas non-profit corporation, who is
personally known to me to be the person who signed the foregoing instrument and he
acknowledged that the execution thereof was his free act and deed as such
___________________ for the uses and purposes therein expressed, and that the said
instrument is the act and deed of said ___________________ for the uses and purposes
therein expressed.
WITNESS my hand and official seal this ____ day of ____________, 2024.
Notary Public, in and for the State of Texas
My Commission Expires:
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GRANTEE:
TOWN OF TROPHY CLUB, TEXAS
By: __________________________
Jeannette Tiffany, Mayor
ATTEST:
____________________________
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
_____________________________
Dean Roggia, Town Attorney
MAYOR’S ACKNOWLEDGMENT
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, a Notary Public in and for said State, on this
day personally appeared Jeannette Tiffany, Mayor, of the Town of Trophy Club, Texas, a
municipal corporation, known to me to be the person and officer whose name is subscribed to
the foregoing instrument, and acknowledged to me that the same was the act of the said
Town of Trophy Club, Texas, a home-rule municipal corporation, that she was duly
authorized to perform the same by appropriate action of the Town Council of the Town of
Trophy Club and that she executed the same as the act of the said Town for the purpose and
consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day
of_____________, A.D. 2024.
Notary Public, in and for the State of Texas
My Commission Expires:
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EXHIBIT A
Tract 1
That certain portion of property generally described as Denton County Central Appraisal
District Property ID 206484, Geographic ID SJ0202A-000000-0000-0000-0001, described as
THE VILLAS OF HOGANS GLEN LOT OPEN SPACE A and identified in the Warranty
Deed recorded as Document No. 1994-91662; and Deed Without Warranty recorded as
Document No. 2023-26024, Deed Records, Denton County, Texas (previously owned by
Beck Properties Development-I, L.P.)
WHEN RECORDED, RETURN TO:
Town of Trophy Club
Attn: Matt Cox, Director of Community Development
1 Trophy Wood Drive,
Trophy Club, TX 76262
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